HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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10 ______________________________________________________________
11 Representative(s) Melvin, Byrd, Kilmer, Fiorentino, Diaz de la
12 Portilla, Andrews, Baxley, Arza, and Maygarden offered the
13 following:
14
15 Amendment (with title amendment)
16 Remove everything after the enacting clause
17
18 and insert:
19 Section 1. Chapter 1000, Florida Statutes, shall be
20 entitled "K-20 General Provisions" and shall consist of ss.
21 1000.01-1000.21.
22 Section 2. Part I of chapter 1000, Florida Statutes,
23 shall be entitled "General Provisions" and shall consist of
24 ss. 1000.01-1000.06.
25 Section 3. Section 1000.01, Florida Statutes, is
26 created to read:
27 1000.01 The Florida K-20 Education System; technical
28 provisions.--
29 (1) NAME.--Chapters 1000 through 1013 shall be known
30 and cited as the "Florida K-20 Education Code."
31 (2) LIBERAL CONSTRUCTION.--The provisions of the
1
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida K-20 Education Code shall be liberally construed to
2 the end that its objectives may be effected. It is the
3 legislative intent that if any section, subsection, sentence,
4 clause, or provision of the Florida K-20 Education Code is
5 held invalid, the remainder of the code shall not be affected.
6 (3) PURPOSE.--The purpose of the Florida K-20
7 Education Code is to provide by law for a state system of
8 schools, courses, classes, and educational institutions and
9 services adequate to allow, for all Florida's students, the
10 opportunity to obtain a high quality education. The Florida
11 K-20 education system is established to accomplish this
12 purpose; however, nothing in this code shall be construed to
13 require the provision of free public education beyond grade
14 12.
15 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS
16 INCLUDED.--As required by s. 1, Art. IX of the State
17 Constitution, the Florida K-20 education system shall include
18 the uniform system of free public K-12 schools. These public
19 K-12 schools shall provide 13 consecutive years of
20 instruction, beginning with kindergarten, and shall also
21 provide such instruction for students with disabilities,
22 gifted students, limited English proficient students, and
23 students in Department of Juvenile Justice programs as may be
24 required by law. The funds for support and maintenance of the
25 uniform system of free public K-12 schools shall be derived
26 from state, district, federal, and other lawful sources or
27 combinations of sources, including any fees charged
28 nonresidents as provided by law.
29 (5) EDUCATION GOVERNANCE TRANSFERS.--
30 (a) Effective July 1, 2001:
31 1. The Board of Regents is abolished.
2
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. All of the powers, duties, functions, records,
2 personnel, and property; unexpended balances of
3 appropriations, allocations, and other funds; administrative
4 authority; administrative rules; pending issues; and existing
5 contracts of the Board of Regents are transferred by a type
6 two transfer, pursuant to s. 20.06(2), to the Florida Board of
7 Education.
8 3. The State Board of Community Colleges is abolished.
9 4. All of the powers, duties, functions, records,
10 personnel, and property; unexpended balances of
11 appropriations, allocations, and other funds; administrative
12 authority; administrative rules; pending issues; and existing
13 contracts of the State Board of Community Colleges are
14 transferred by a type two transfer, pursuant to s. 20.06(2),
15 from the Department of Education to the Florida Board of
16 Education.
17 5. The Postsecondary Education Planning Commission is
18 abolished.
19 6. The Council for Education Policy Research and
20 Improvement is created as an independent office under the
21 Office of Legislative Services.
22 7. All personnel, unexpended balances of
23 appropriations, and allocations of the Postsecondary Education
24 Planning Commission are transferred to the Council for
25 Education Policy Research and Improvement.
26 8. The Articulation Coordinating Committee and the
27 Education Standards Commission are transferred by a type two
28 transfer, pursuant to s. 20.06(2), from the Department of
29 Education to the Florida Board of Education.
30 (b) Effective January 7, 2003:
31 1. The Florida Board of Education is renamed the State
3
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Board of Education.
2 2. The Secretary of the Florida Board of Education is
3 renamed the Commissioner of Education.
4 (c) All rules of the State Board of Education, the
5 Commissioner of Education, and the Department of Education,
6 and all rules of the district school boards, the community
7 college boards of trustees, and the state university boards of
8 trustees, in effect on January 2, 2003, remain in effect until
9 specifically amended or repealed in the manner provided by
10 law.
11 (d) Effective January 7, 2003:
12 1. The administrative rules of the Department of
13 Education and the Commissioner of Education shall become the
14 rules of the State Board of Education.
15 2. The administrative rules of the State Board of
16 Education shall become the rules of the appointed State Board
17 of Education.
18 (e) All administrative rules of the State Board of
19 Education, the Commissioner of Education, and the Department
20 of Education are transferred by a type two transfer, as
21 defined in s. 20.06(2), Florida Statutes, to the appointed
22 State Board of Education.
23 (f) This act creating the Florida K-20 Education Code
24 shall not affect the validity of any judicial or
25 administrative action involving the Department of Education,
26 pending on January 7, 2003. This act shall not affect the
27 validity of any judicial or administrative action involving
28 the Commissioner of Education or the State Board of Education,
29 pending on January 7, 2003, and the appointed State Board of
30 Education shall be substituted as a party of interest in any
31 such action.
4
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 4. Section 1000.02, Florida Statutes, is
2 created to read:
3 1000.02 Policy and guiding principles for the Florida
4 K-20 education system.--
5 (1) It is the policy of the Legislature:
6 (a) To achieve within existing resources a seamless
7 academic educational system that fosters an integrated
8 continuum of kindergarten through graduate school education
9 for Florida's students.
10 (b) To promote enhanced academic success and funding
11 efficiency of educational delivery systems by aligning
12 responsibility with accountability.
13 (c) To provide consistent education policy across all
14 educational delivery systems, focusing on students.
15 (d) To provide substantially improved articulation
16 across all educational delivery systems.
17 (e) To provide for the decentralization of authority
18 to the schools, community colleges, universities, and other
19 education institutions that deliver educational services to
20 the public.
21 (f) To ensure that independent education institutions
22 and home education programs maintain their independence,
23 autonomy, and nongovernmental status.
24 (2) The guiding principles for Florida's K-20
25 education system are:
26 (a) A coordinated, seamless system for kindergarten
27 through graduate school education.
28 (b) A system that is student-centered in every facet.
29 (c) A system that maximizes education access and
30 allows the opportunity for a high quality education for all
31 Floridians.
5
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) A system that safeguards equity and supports
2 academic excellence.
3 (e) A system that provides for local operational
4 flexibility while promoting accountability for student
5 achievement and improvement.
6 Section 5. Section 1000.03, Florida Statutes, is
7 created to read:
8 1000.03 Function, mission, and goals of the Florida
9 K-20 education system.--
10 (1) Florida's K-20 education system shall be a
11 decentralized system without excess layers of bureaucracy. The
12 State Board of Education may appoint on an ad hoc basis a
13 committee or committees to assist it on any and all issues
14 within the K-20 education system. Florida's K-20 education
15 system shall maintain a systemwide technology plan based on a
16 common set of data definitions.
17 (2)(a) The Legislature shall establish education
18 policy, enact education laws, and appropriate and allocate
19 education resources.
20 (b) The State Board of Education shall oversee the
21 enforcement of all laws and rules, and the timely provision of
22 direction, resources, assistance, intervention when needed,
23 and strong incentives and disincentives to force
24 accountability for results.
25 (c) The Commissioner of Education shall serve as chief
26 executive officer of the K-20 education system. The
27 commissioner shall be responsible for enforcing compliance
28 with the mission and goals of the K-20 education system. The
29 commissioner's office shall operate all statewide functions
30 necessary to support the State Board of Education and the K-20
31 education system.
6
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) Public education is a cooperative function of the
2 state and local educational authorities. The state retains
3 responsibility for establishing a system of public education
4 through laws, standards, and rules to assure efficient
5 operation of a K-20 system of public education and adequate
6 educational opportunities for all individuals. Local
7 educational authorities have a duty to fully and faithfully
8 comply with state laws, standards, and rules and to
9 efficiently use the resources available to them to assist the
10 state in allowing adequate educational opportunities.
11 (4) The mission of Florida's K-20 education system is
12 to allow its students to increase their proficiency by
13 allowing them the opportunity to expand their knowledge and
14 skills through adequate learning opportunities, in accordance
15 with the mission statement and accountability requirements of
16 s. 1008.31.
17 (5) The priorities of Florida's K-20 education system
18 include:
19 (a) Learning and completion at all levels, including
20 increased high school graduation rate and readiness for
21 postsecondary education without remediation.--All students
22 demonstrate increased learning and completion at all levels,
23 graduate from high school, and are prepared to enter
24 postsecondary education without remediation.
25 (b) Student performance.--Students demonstrate that
26 they meet the expected academic standards consistently at all
27 levels of their education.
28 (c) Alignment of standards and resources.--Academic
29 standards for every level of the K-20 education system are
30 aligned, and education financial resources are aligned with
31 student performance expectations at each level of the K-20
7
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education system.
2 (d) Educational leadership.--The quality of
3 educational leadership at all levels of K-20 education is
4 improved.
5 (e) Workforce education.--Workforce education is
6 appropriately aligned with the skills required by the new
7 global economy.
8 (f) Parental, student, family, educational
9 institution, and community involvement.--Parents, students,
10 families, educational institutions, and communities are
11 collaborative partners in education, and each plays an
12 important role in the success of individual students.
13 Therefore, the State of Florida cannot be the guarantor of
14 each individual student's success. The goals of Florida's K-20
15 education system are not guarantees that each individual
16 student will succeed or that each individual school will
17 perform at the level indicated in the goals.
18 Section 6. Section 1000.04, Florida Statutes, is
19 created to read:
20 1000.04 Components for the delivery of public
21 education within the Florida K-20 education system.--Florida's
22 K-20 education system provides for the delivery of public
23 education through publicly supported and controlled K-12
24 schools, community colleges, state universities and other
25 postsecondary educational institutions, other educational
26 institutions, and other educational services as provided or
27 authorized by the Constitution and laws of the state.
28 (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools
29 include charter schools and consist of kindergarten classes;
30 elementary, middle, and high school grades and special
31 classes; workforce development education; area technical
8
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 centers; adult, part-time, career and technical, and evening
2 schools, courses, or classes, as authorized by law to be
3 operated under the control of district school boards; and lab
4 schools operated under the control of state universities.
5 (2) PUBLIC POSTSECONDARY EDUCATIONAL
6 INSTITUTIONS.--Public postsecondary educational institutions
7 include workforce development education; community colleges;
8 colleges; state universities; and all other state-supported
9 postsecondary educational institutions that are authorized and
10 established by law.
11 (3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.--The
12 Florida School for the Deaf and the Blind is a component of
13 the delivery of public education within Florida's K-20
14 education system.
15 (4) THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual
16 School is a component of the delivery of public education
17 within Florida's K-20 education system.
18 Section 7. Section 1000.05, Florida Statutes, is
19 created to read:
20 1000.05 Discrimination against students and employees
21 in the Florida K-20 public education system prohibited;
22 equality of access required.--
23 (1) This section may be cited as the "Florida
24 Educational Equity Act."
25 (2)(a) Discrimination on the basis of race, ethnicity,
26 national origin, gender, disability, or marital status against
27 a student or an employee in the state system of public K-20
28 education is prohibited. No person in this state shall, on the
29 basis of race, ethnicity, national origin, gender, disability,
30 or marital status, be excluded from participation in, be
31 denied the benefits of, or be subjected to discrimination
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 under any public K-20 education program or activity, or in any
2 employment conditions or practices, conducted by a public
3 educational institution that receives or benefits from federal
4 or state financial assistance.
5 (b) The criteria for admission to a program or course
6 shall not have the effect of restricting access by persons of
7 a particular race, ethnicity, national origin, gender,
8 disability, or marital status.
9 (c) All public K-20 education classes shall be
10 available to all students without regard to race, ethnicity,
11 national origin, gender, disability, or marital status;
12 however, this is not intended to eliminate the provision of
13 programs designed to meet the needs of students with limited
14 proficiency in English, gifted students, or students with
15 disabilities or programs tailored to students with specialized
16 talents or skills.
17 (d) Students may be separated by gender for any
18 portion of a class that deals with human reproduction or
19 during participation in bodily contact sports. For the
20 purpose of this section, bodily contact sports include
21 wrestling, boxing, rugby, ice hockey, football, basketball,
22 and other sports in which the purpose or major activity
23 involves bodily contact.
24 (e) Guidance services, counseling services, and
25 financial assistance services in the state public K-20
26 education system shall be available to students equally.
27 Guidance and counseling services, materials, and promotional
28 events shall stress access to academic, career and technical
29 opportunities for students without regard to race, ethnicity,
30 national origin, gender, disability, or marital status.
31 (3)(a) No person shall, on the basis of gender, be
10
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 excluded from participating in, be denied the benefits of, or
2 be treated differently from another person or otherwise be
3 discriminated against in any interscholastic, intercollegiate,
4 club, or intramural athletics offered by a public K-20
5 educational institution; and no public K-20 educational
6 institution shall provide athletics separately on such basis.
7 (b) Notwithstanding the requirements of paragraph (a),
8 a public K-20 educational institution may operate or sponsor
9 separate teams for members of each gender if the selection for
10 such teams is based upon competitive skill or the activity
11 involved is a bodily contact sport. However, when a public
12 K-20 educational institution operates or sponsors a team in a
13 particular sport for members of one gender but does not
14 operate or sponsor such a team for members of the other
15 gender, and athletic opportunities for that gender have
16 previously been limited, members of the excluded gender must
17 be allowed to try out for the team offered.
18 (c) This subsection does not prohibit the grouping of
19 students in physical education classes and activities by
20 ability as assessed by objective standards of individual
21 performance developed and applied without regard to gender.
22 However, when use of a single standard of measuring skill or
23 progress in a physical education class has an adverse effect
24 on members of one gender, the educational institution shall
25 use appropriate standards which do not have such effect.
26 (d) A public K-20 educational institution which
27 operates or sponsors interscholastic, intercollegiate, club,
28 or intramural athletics shall provide equal athletic
29 opportunity for members of both genders. In determining
30 whether equal opportunities are available, the Commissioner of
31 Education shall consider, among other factors:
11
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. Whether the selection of sports and levels of
2 competition effectively accommodate the interests and
3 abilities of members of both genders.
4 2. The provision of equipment and supplies.
5 3. Scheduling of games and practice times.
6 4. Travel and per diem allowances.
7 5. Opportunities to receive coaching and academic
8 tutoring.
9 6. Assignment and compensation of coaches and tutors.
10 7. Provision of locker room, practice, and competitive
11 facilities.
12 8. Provision of medical and training facilities and
13 services.
14 9. Provision of housing and dining facilities and
15 services.
16 10. Publicity.
17
18 Unequal aggregate expenditures for members of each gender or
19 unequal expenditures for male and female teams if a public
20 K-20 educational institution operates or sponsors separate
21 teams do not constitute nonimplementation of this subsection,
22 but the Commissioner of Education shall consider the failure
23 to provide necessary funds for teams for one gender in
24 assessing equality of opportunity for members of each gender.
25 (e) A public K-20 educational institution may provide
26 separate toilet, locker room, and shower facilities on the
27 basis of gender, but such facilities shall be comparable to
28 such facilities provided for students of the other gender.
29 (4) Educational institutions within the state public
30 K-20 education system shall develop and implement methods and
31 strategies to increase the participation of students of a
12
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 particular race, ethnicity, national origin, gender,
2 disability, or marital status in programs and courses in which
3 students of that particular race, ethnicity, national origin,
4 gender, disability, or marital status have been traditionally
5 underrepresented, including, but not limited to, mathematics,
6 science, computer technology, electronics, communications
7 technology, engineering, and career and technical education.
8 (5) The State Board of Education shall adopt rules to
9 implement this section.
10 (6) The functions of the Office of Equal Educational
11 Opportunity of the Department of Education shall include, but
12 are not limited to:
13 (a) Requiring all district school boards, community
14 college boards of trustees, and state university boards of
15 trustees to develop and submit plans for the implementation of
16 this section to the Department of Education.
17 (b) Conducting periodic reviews of public K-20
18 educational agencies to determine compliance with this section
19 and, after a finding that an educational agency is not in
20 compliance with this section, notifying the agency of the
21 steps that it must take to attain compliance and performing
22 followup monitoring.
23 (c) Providing technical assistance, including
24 assisting public K-20 educational agencies in identifying
25 unlawful discrimination and instructing them in remedies for
26 correction and prevention of such discrimination and
27 performing followup monitoring.
28 (d) Conducting studies of the effectiveness of methods
29 and strategies designed to increase the participation of
30 students in programs and courses in which students of a
31 particular race, ethnicity, national origin, gender,
13
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 disability, or marital status have been traditionally
2 underrepresented and monitoring the success of students in
3 such programs or courses, including performing followup
4 monitoring.
5 (e) Requiring all district school boards, community
6 college boards of trustees, and state university boards of
7 trustees to submit data and information necessary to determine
8 compliance with this section. The Commissioner of Education
9 shall prescribe the format and the date for submission of such
10 data and any other educational equity data. If any board does
11 not submit the required compliance data or other required
12 educational equity data by the prescribed date, the
13 commissioner shall notify the board of this fact and, if the
14 board does not take appropriate action to immediately submit
15 the required report, the State Board of Education shall impose
16 monetary sanctions.
17 (f) Based upon rules of the State Board of Education,
18 developing and implementing enforcement mechanisms with
19 appropriate penalties to ensure that public K-12 schools,
20 community colleges, and state universities comply with Title
21 IX of the Education Amendments of 1972 and subsection (3) of
22 this section. However, the State Board of Education may not
23 force an educational agency to conduct, nor penalize an
24 educational agency for not conducting, a program of athletic
25 activity or athletic scholarship for female athletes unless it
26 is an athletic activity approved for women by a recognized
27 association whose purpose is to promote athletics and a
28 conference or league exists to promote interscholastic or
29 intercollegiate competition for women in that athletic
30 activity.
31 (g) Reporting to the Commissioner of Education any
14
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district school board, community college board of trustees, or
2 state university board of trustees found to be out of
3 compliance with rules of the State Board of Education adopted
4 as required by paragraph (f) or paragraph (3)(d). To penalize
5 the board, the State Board of Education shall:
6 1. Declare the educational agency ineligible for
7 competitive state grants.
8 2. Notwithstanding the provisions of s. 216.192,
9 direct the Comptroller to withhold general revenue funds
10 sufficient to obtain compliance from the educational agency.
11
12 The educational agency shall remain ineligible and the funds
13 shall not be paid until the agency comes into compliance or
14 the State Board of Education approves a plan for compliance.
15 (7) A person aggrieved by a violation of this section
16 or a violation of a rule adopted under this section has a
17 right of action for such equitable relief as the court may
18 determine. The court may also award reasonable attorney's
19 fees and court costs to a prevailing party.
20 Section 8. Section 1000.06, Florida Statutes, is
21 created to read:
22 1000.06 Display of flags.--Every public K-20
23 educational institution that is provided or authorized by the
24 Constitution and laws of Florida shall display daily the flag
25 of the United States and the official flag of Florida when the
26 weather permits upon one building or on a suitable flagstaff
27 upon the grounds of each public postsecondary educational
28 institution and upon every district school board building or
29 grounds except when the institution or school is closed for
30 vacation, provided that, if two or more buildings are located
31 on the same or on adjacent sites, one flag may be displayed
15
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for the entire group of buildings.
2 Section 9. Part II of chapter 1000, Florida Statutes,
3 shall be entitled "Systemwide Definitions" and shall consist
4 of s. 1000.21.
5 Section 10. Section 1000.21, Florida Statutes, is
6 created to read:
7 1000.21 Systemwide definitions.--As used in the
8 Florida K-20 Education Code:
9 (1) "Articulation" is the systematic coordination that
10 provides the means by which students proceed toward their
11 educational objectives in as rapid and student-friendly manner
12 as their circumstances permit, from grade level to grade
13 level, from elementary to middle to high school, to and
14 through postsecondary education, and when transferring from
15 one educational institution or program to another.
16 (2) "Commissioner" is the Commissioner of Education.
17 (3) "Community college," except as otherwise
18 specifically provided, includes the following institutions and
19 any branch campuses, centers, or other affiliates of the
20 institution:
21 (a) Brevard Community College.
22 (b) Broward Community College.
23 (c) Central Florida Community College.
24 (d) Chipola Junior College.
25 (e) Daytona Beach Community College.
26 (f) Edison Community College.
27 (g) Florida Community College at Jacksonville.
28 (h) Florida Keys Community College.
29 (i) Gulf Coast Community College.
30 (j) Hillsborough Community College.
31 (k) Indian River Community College.
16
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (l) Lake City Community College.
2 (m) Lake-Sumter Community College.
3 (n) Manatee Community College.
4 (o) Miami-Dade Community College.
5 (p) North Florida Community College.
6 (q) Okaloosa-Walton Community College.
7 (r) Palm Beach Community College.
8 (s) Pasco-Hernando Community College.
9 (t) Pensacola Junior College.
10 (u) Polk Community College.
11 (v) St. Johns River Community College.
12 (w) St. Petersburg College.
13 (x) Santa Fe Community College.
14 (y) Seminole Community College.
15 (z) South Florida Community College.
16 (aa) Tallahassee Community College.
17 (bb) Valencia Community College.
18 (4) "Department" is the Department of Education.
19 (5) "Parent" is either or both parents of a student,
20 any guardian of a student, any person in a parental
21 relationship to a student, or any person exercising
22 supervisory authority over a student in place of the parent.
23 (6) "State university," except as otherwise
24 specifically provided, includes the following institutions and
25 any branch campuses, centers, or other affiliates of the
26 institution:
27 (a) The University of Florida.
28 (b) The Florida State University.
29 (c) The Florida Agricultural and Mechanical
30 University.
31 (d) The University of South Florida.
17
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (e) The Florida Atlantic University.
2 (f) The University of West Florida.
3 (g) The University of Central Florida.
4 (h) The University of North Florida.
5 (i) The Florida International University.
6 (j) The Florida Gulf Coast University.
7 (k) New College of Florida.
8 (7) "Sunshine State Standards" are standards that
9 identify what public school students should know and be able
10 to do. These standards delineate the academic achievement of
11 students for which the state will hold its public schools
12 accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects
13 of language arts, mathematics, science, social studies, the
14 arts, health and physical education, foreign languages,
15 reading, writing, history, government, geography, economics,
16 and computer literacy.
17 Section 11. Part III of chapter 1000, Florida
18 Statutes, shall be entitled "Educational Compacts" and shall
19 consist of ss. 1000.31-1000.34.
20 Section 12. Section 1000.31, Florida Statutes, is
21 created to read:
22 1000.31 Regional education; state policy.--It is
23 hereby declared to be the policy of the state to promote the
24 development and maintenance of regional education services and
25 facilities in the Southern States in the professional,
26 technological, scientific, literary and other fields so as to
27 provide greater educational advantages for the citizens of the
28 state and the citizens in the several states in said region;
29 and it is found and determined by the Legislature of the state
30 that greater educational advantages and facilities for the
31 citizens of the state in certain phases of the professional,
18
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 technological, scientific, literary and other fields in
2 education can best be accomplished by the development and
3 maintenance of regional educational services and facilities,
4 under the plan embodied in "The Regional Pact" hereinafter
5 adopted; and this law shall be liberally construed to
6 accomplish such purposes.
7 Section 13. Section 1000.32, Florida Statutes, is
8 created to read:
9 1000.32 Regional compact.--The compact entered into by
10 the state and other Southern States by and through their
11 respective governors on February 8, 1948, as amended, relative
12 to the development and maintenance of regional education
13 services and schools in the Southern States in the
14 professional, technological, scientific, literary and other
15 fields so as to promote greater educational facilities for the
16 citizens of the several states who reside in said region, a
17 copy of said compact, as amended, being as follows:
18
19 THE REGIONAL COMPACT
20 (as amended)
21
22 WHEREAS, The States who are parties hereto have during
23 the past several years conducted careful investigation looking
24 toward the establishment and maintenance of jointly owned and
25 operated regional educational institutions in the Southern
26 States in the professional, technological, scientific,
27 literary, and other fields, so as to provide greater
28 educational advantages and facilities for the citizens of the
29 several states who reside within such region; and
30 WHEREAS, Meharry Medical College of Nashville,
31 Tennessee, has proposed that its lands, buildings, equipment,
19
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and the net income from its endowment be turned over to the
2 Southern States, or to an agency acting in their behalf, to be
3 operated as a regional institution for medical, dental and
4 nursing education upon terms and conditions to be hereafter
5 agreed upon between the Southern States and Meharry Medical
6 College, which proposal, because of the present financial
7 condition of the institution, has been approved by the said
8 states who are parties hereto; and
9 WHEREAS, the said states desire to enter into a compact
10 with each other providing for the planning and establishment
11 of regional educational facilities;
12 NOW, THEREFORE, in consideration of the mutual
13 agreements, covenants and obligations assumed by the
14 respective states who are parties hereto (hereinafter referred
15 to as "states"), the said several states do hereby form a
16 geographical district or region consisting of the areas lying
17 within the boundaries of the contracting states which, for the
18 purposes of this compact, shall constitute an area for
19 regional education supported by public funds derived from
20 taxation by the constituent states and derived from other
21 sources for the establishment, acquisition, operation and
22 maintenance of regional educational schools and institutions
23 for the benefit of citizens of the respective states residing
24 within the region so established as may be determined from
25 time to time in accordance with the terms and provisions of
26 this compact.
27 The states do further hereby establish and create a
28 joint agency which shall be known as the Board of Control for
29 Southern Regional Education (hereinafter referred to as the
30 "board"), the members of which board shall consist of the
31 governor of each state, ex officio, and four additional
20
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 citizens of each state to be appointed by the governor
2 thereof, at least one of whom shall be selected from the field
3 of education, and at least one of whom shall be a member of
4 the legislature of that state. The governor shall continue as
5 a member of the board during his or her tenure of office as
6 governor of the state, but the members of the board appointed
7 by the governor shall hold office for a period of four years
8 except that in the original appointments one board member so
9 appointed by the governor shall be designated at the time of
10 his or her appointment to serve an initial term of two years,
11 one board member to serve an initial term of three years, and
12 the remaining board member to serve the full term of four
13 years, but thereafter the successor of each appointed board
14 member shall serve the full term of four years. Vacancies on
15 the board caused by death, resignation, refusal or inability
16 to serve, shall be filled by appointment by the governor for
17 the unexpired portion of the term. The officers of the board
18 shall be a chair, a vice chair, a secretary, a treasurer, and
19 such additional officers as may be created by the board from
20 time to time. The board shall meet annually and officers
21 shall be elected to hold office until the next annual meeting.
22 The board shall have the right to formulate and establish
23 bylaws not inconsistent with the provisions of this compact to
24 govern its own actions in the performance of the duties
25 delegated to it including the right to create and appoint an
26 executive committee and a finance committee with such powers
27 and authority as the board may delegate to them from time to
28 time. The board may, within its discretion, elect as its
29 chair a person who is not a member of the board, provided such
30 person resides within a signatory state, and upon such
31 election such person shall become a member of the board with
21
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 all the rights and privileges of such membership. This
2 paragraph as amended in 1957 shall be effective when eight or
3 more of the states party to the compact have given legislative
4 approval to the amendment.
5 It shall be the duty of the board to submit plans and
6 recommendations to the states from time to time for their
7 approval and adoption by appropriate legislative action for
8 the development, establishment, acquisition, operation and
9 maintenance of educational schools and institutions within the
10 geographical limits of the regional area of the states, of
11 such character and type and for such educational purposes,
12 professional, technological, scientific, literary, or
13 otherwise, as they may deem and determine to be proper,
14 necessary or advisable. Title to all such educational
15 institutions when so established by appropriate legislative
16 actions of the states and to all properties and facilities
17 used in connection therewith shall be vested in said board as
18 the agency of and for the use and benefit of the said states
19 and the citizens thereof, and all such educational
20 institutions shall be operated, maintained and financed in the
21 manner herein set out, subject to any provisions or
22 limitations which may be contained in the legislative acts of
23 the states authorizing the creation, establishment and
24 operation of such educational institutions.
25 In addition to the power and authority heretofore
26 granted, the board shall have the power to enter into such
27 agreements or arrangements with any of the states and with
28 educational institutions or agencies, as may be required in
29 the judgment of the board, to provide adequate services and
30 facilities for the graduate, professional, and technical
31 education for the benefit of the citizens of the respective
22
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 states residing within the region, and such additional and
2 general power and authority as may be vested in the board from
3 time to time by legislative enactment of the said states.
4 Any two or more states who are parties of this compact
5 shall have the right to enter into supplemental agreements
6 providing for the establishment, financing and operation of
7 regional educational institutions for the benefit of citizens
8 residing within an area which constitutes a portion of the
9 general region herein created, such institutions to be
10 financed exclusively by such states and to be controlled
11 exclusively by the members of the board representing such
12 states provided such agreement is submitted to and approved by
13 the board prior to the establishment of such institutions.
14 Each state agrees that, when authorized by the
15 legislature, it will from time to time make available and pay
16 over to said board such funds as may be required for the
17 establishment, acquisition, operation and maintenance of such
18 regional educational institutions as may be authorized by the
19 states under the terms of this compact, the contribution of
20 each state at all times to be in the proportion that its
21 population bears to the total combined population of the
22 states who are parties hereto as shown from time to time by
23 the most recent official published report of the bureau of the
24 census of the United States of America; or upon such other
25 basis as may be agreed upon.
26 This compact shall not take effect or be binding upon
27 any state unless and until it shall be approved by proper
28 legislative action of as many as six or more of the states
29 whose governors have subscribed hereto within a period of
30 eighteen months from the date hereof. When and if six or more
31 states shall have given legislative approval to this compact
23
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 within said eighteen months period, it shall be and become
2 binding upon such six or more states sixty days after the date
3 of legislative approval by the sixth state and the governors
4 of such six or more states shall forthwith name the members of
5 the board from their states as hereinabove set out, and the
6 board shall then meet on call of the governor of any state
7 approving this compact, at which time the board shall elect
8 officers, adopt bylaws, appoint committees and otherwise fully
9 organize. Other states whose names are subscribed hereto
10 shall thereafter become parties hereto upon approval of this
11 compact by legislative action within two years from the date
12 hereof, upon such conditions as may be agreed upon at the
13 time. Provided, however, that with respect to any state whose
14 constitution may require amendment in order to permit
15 legislative approval of the compact, such state or states
16 shall become parties hereto upon approval of this compact by
17 legislative action within seven years from the date hereof,
18 upon such conditions as may be agreed upon at the time.
19 After becoming effective this compact shall thereafter
20 continue without limitation of time; provided, however, that
21 it may be terminated at any time by unanimous action of the
22 states and provided further that any state may withdraw from
23 this compact if such withdrawal is approved by its
24 legislature, such withdrawal to become effective two years
25 after written notice thereof to the board accompanied by a
26 certified copy of the requisite legislative action, but such
27 withdrawal shall not relieve the withdrawing state from its
28 obligations hereunder accruing up to the effective date of
29 such withdrawal. Any state so withdrawing shall ipso facto
30 cease to have any claim to or ownership of any of the property
31 held or vested in the board or to any of the funds of the
24
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 board held under the terms of this compact.
2 If any state shall at any time become in default in the
3 performance of any of its obligations assumed herein or with
4 respect to any obligation imposed upon said state as
5 authorized by and in compliance with the terms and provisions
6 of this compact, all rights, privileges and benefits of such
7 defaulting state, its members on the board and its citizens
8 shall ipso facto be and become suspended from and after the
9 date of such default. Unless such default shall be remedied
10 and made good within a period of one year immediately
11 following the date of such default this compact may be
12 terminated with respect to such defaulting state by an
13 affirmative vote of three-fourths of the members of the board
14 (exclusive of the members representing the state in default),
15 from and after which time such state shall cease to be a party
16 to this compact and shall have no further claim to or
17 ownership of any of the property held by or vested in the
18 board or to any of the funds of the board held under the terms
19 of this compact, but such termination shall in no manner
20 release such defaulting state from any accrued obligation or
21 otherwise affect this compact or the rights, duties,
22 privileges or obligations of the remaining states thereunder.
23 IN WITNESS WHEREOF this compact has been approved and
24 signed by governors of the several states, subject to the
25 approval of their respective legislatures in the manner
26 hereinabove set out, as of the 8th day of February, 1948.
27 STATE OF FLORIDA BY Millard F. Caldwell, Governor.
28 STATE OF MARYLAND BY Wm. Preston Lane, Jr., Governor. STATE
29 OF GEORGIA BY M. E. Thompson, Governor. STATE OF LOUISIANA
30 BY J. H. Davis, Governor. STATE OF ALABAMA BY James E.
31 Folsom, Governor. STATE OF MISSISSIPPI BY F. L. Wright,
25
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Governor. STATE OF TENNESSEE BY Jim McCord, Governor. STATE
2 OF ARKANSAS BY Ben Laney, Governor. COMMONWEALTH OF VIRGINIA
3 BY Wm. M. Tuck, Governor. STATE OF NORTH CAROLINA BY R. Gregg
4 Cherry, Governor. STATE OF SOUTH CAROLINA BY J. Strom
5 Thurmond, Governor. STATE OF TEXAS BY Beauford H. Jester,
6 Governor. STATE OF OKLAHOMA BY Roy J. Turner, Governor. STATE
7 OF WEST VIRGINIA BY Clarence W. Meadows, Governor.
8
9 be and the same is hereby approved and the State of Florida is
10 hereby declared to be a party to said compact and the
11 agreements, covenants and obligations contained therein are
12 hereby declared to be binding upon the State of Florida.
13 Section 14. Section 1000.33, Florida Statutes, is
14 created to read:
15 1000.33 Copies to other states approving.--After the
16 effective date of this law the Secretary of State of Florida
17 shall furnish to each of the states approving the said compact
18 an engrossed copy of this bill.
19 Section 15. Section 1000.34, Florida Statutes, is
20 created to read:
21 1000.34 Member jurisdictions.--The compact for
22 education is entered into with all jurisdictions legally
23 joining therein and enacted into law in the following form:
24
25 COMPACT FOR EDUCATION
26
27 ARTICLE I
28
29 PURPOSE AND POLICY.--
30 A. It is the purpose of this compact to:
31 1. Establish and maintain close cooperation and
26
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 understanding among executive, legislative, professional
2 educational and lay leadership on a nationwide basis at the
3 state and local levels.
4 2. Provide a forum for the discussion, development,
5 crystallization and recommendation of public policy
6 alternatives in the field of education.
7 3. Provide a clearinghouse of information on matters
8 relating to educational problems and how they are being met in
9 different places throughout the nation, so that the executive
10 and legislative branches of state government and of local
11 communities may have ready access to the experience and record
12 of the entire country, and so that both lay and professional
13 groups in the field of education may have additional avenues
14 for the sharing of experience and the interchange of ideas in
15 the formation of public policy in education.
16 4. Facilitate the improvement of state and local
17 educational systems so that all of them will be able to meet
18 adequate and desirable goals in a society which requires
19 continuous qualitative and quantitative advance in educational
20 opportunities, methods and facilities.
21 B. It is the policy of this compact to encourage and
22 promote local and state initiative in the development,
23 maintenance, improvement and administration of educational
24 systems and institutions in a manner which will accord with
25 the needs and advantages of diversity among localities and
26 states.
27 C. The party states recognize that each of them has an
28 interest in the quality and quantity of education furnished in
29 each of the other states, as well as in the excellence of its
30 own educational systems and institutions, because of the
31 highly mobile character of individuals within the nation, and
27
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 because the products and services contributing to the health,
2 welfare and economic advancement of each state are supplied in
3 significant part by persons educated in other states.
4
5 ARTICLE II
6
7 STATE DEFINED.--
8 As used in this compact, "state" means a state,
9 territory, or possession of the United States, the District of
10 Columbia, or the Commonwealth of Puerto Rico.
11
12 ARTICLE III
13
14 THE COMMISSION.--
15 A. The Education Commission of the States, hereinafter
16 called "the commission," is hereby established. The
17 commission shall consist of seven members representing each
18 party state. One of such members representing Florida shall
19 be the governor; two shall be members of the state senate
20 appointed by the president; two shall be members of the house
21 of representatives appointed by the speaker; and two shall be
22 appointed by and serve at the pleasure of the governor. The
23 guiding principle for the composition of the membership on the
24 commission shall be that the members, by virtue of their
25 training, experience, knowledge or affiliations be in a
26 position collectively to reflect broadly the interests of the
27 state government, higher education, the state education
28 system, local education, lay and professional, public and
29 nonpublic educational leadership. Of those appointees, one
30 shall be the head of a state agency or institution, designated
31 by the governor, having responsibility for one or more
28
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 programs of public education. In addition to the members of
2 the commission representing the party states, there may be not
3 to exceed ten nonvoting commissioners selected by the steering
4 committee for terms of one year. Such commissioners shall
5 represent leading national organizations of professional
6 educators or persons concerned with educational
7 administration.
8 B. The members of the commission shall be entitled to
9 one vote each on the commission. No action of the commission
10 shall be binding unless taken at a meeting at which a majority
11 of the total number of votes on the commission are cast in
12 favor thereof. Action of the commission shall be only at a
13 meeting at which a majority of the commissioners are present.
14 The commission shall meet at least once a year. In its
15 bylaws, and subject to such directions and limitations as may
16 be contained therein, the commission may delegate the exercise
17 of any of its powers to the steering committee or the
18 executive director, except for the power to approve budgets or
19 requests for appropriations, the power to make policy
20 recommendations pursuant to Article IV and adoption of the
21 annual report pursuant to Article III, J.
22 C. The commission shall have a seal.
23 D. The commission shall elect annually, from among its
24 members, a chair, who shall be a governor, a vice chair and a
25 treasurer. The commission shall provide for the appointment
26 of an executive director. Such executive director shall serve
27 at the pleasure of the commission, and, together with the
28 treasurer and such other personnel as the commission may deem
29 appropriate, shall be bonded in such amount as the commission
30 shall determine. The executive director shall be secretary.
31 E. Irrespective of the civil service, personnel or
29
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 other merit system laws of any of the party states, the
2 executive director, subject to the approval of the steering
3 committee, shall appoint, remove or discharge such personnel
4 as may be necessary for the performance of the functions of
5 the commission, and shall fix the duties and compensation of
6 such personnel. The commission in its bylaws shall provide
7 for the personnel policies and programs of the commission.
8 F. The commission may borrow, accept or contract for
9 the services of personnel from any party jurisdiction, the
10 United States, or any subdivision or agency of the
11 aforementioned governments, or from any agency of two or more
12 of the party jurisdictions or their subdivisions.
13 G. The commission may accept for any of its purposes
14 and functions under this compact any and all donations and
15 grants of money, equipment, supplies, materials and services,
16 conditional or otherwise, from any state, the United States,
17 or any other governmental agency, or from any person, firm,
18 association, foundation, or corporation, and may receive,
19 utilize and dispose of the same. Any donation or grant
20 accepted by the commission pursuant to this paragraph or
21 services borrowed pursuant to paragraph F of this Article
22 shall be reported in the annual report of the commission.
23 Such report shall include the nature, amount and conditions,
24 if any, of the donation, grant, or services borrowed, and the
25 identity of the donor or lender.
26 H. The commission may establish and maintain such
27 facilities as may be necessary for the transacting of its
28 business. The commission may acquire, hold, and convey real
29 and personal property and any interest therein.
30 I. The commission shall adopt bylaws for the conduct
31 of its business and shall have the power to amend and rescind
30
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 these bylaws. The commission shall publish its bylaws in
2 convenient form and shall file a copy thereof and a copy of
3 any amendment thereto, with the appropriate agency or officer
4 in each of the party states.
5 J. The commission annually shall make to the governor
6 and legislature of each party state a report covering the
7 activities of the commission for the preceding year. The
8 commission may make such additional reports as it may deem
9 desirable.
10
11 ARTICLE IV
12
13 POWERS.--
14 In addition to authority conferred on the commission by
15 other provisions of the compact, the commission shall have
16 authority to:
17 1. Collect, correlate, analyze and interpret
18 information and data concerning educational needs and
19 resources.
20 2. Encourage and foster research in all aspects of
21 education, but with special reference to the desirable scope
22 of instruction, organization, administration, and
23 instructional methods and standards employed or suitable for
24 employment in public educational systems.
25 3. Develop proposals for adequate financing of
26 education as a whole and at each of its many levels.
27 4. Conduct or participate in research of the types
28 referred to in this article in any instance where the
29 commission finds that such research is necessary for the
30 advancement of the purposes and policies of this compact,
31 utilizing fully the resources of national associations,
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 regional compact organizations for higher education, and other
2 agencies and institutions, both public and private.
3 5. Formulate suggested policies and plans for the
4 improvement of public education as a whole, or for any segment
5 thereof, and make recommendations with respect thereto
6 available to the appropriate governmental units, agencies and
7 public officials.
8 6. Do such other things as may be necessary or
9 incidental to the administration of any of its authority or
10 functions pursuant to this compact.
11
12 ARTICLE V
13
14 COOPERATION WITH FEDERAL GOVERNMENT.--
15 A. If the laws of the United States specifically so
16 provide, or if administrative provision is made therefor
17 within the federal government, the United States may be
18 represented on the commission by not to exceed ten
19 representatives. Any such representative or representatives
20 of the United States shall be appointed and serve in such
21 manner as may be provided by or pursuant to federal law, and
22 may be drawn from any one or more branches of the federal
23 government, but no such representative shall have a vote on
24 the commission.
25 B. The commission may provide information and make
26 recommendations to any executive or legislative agency or
27 officer of the federal government concerning the common
28 educational policies of the states, and may advise with any
29 such agencies or officers concerning any matter of mutual
30 interest.
31
32
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 ARTICLE VI
2
3 COMMITTEES.--
4 A. To assist in the expeditious conduct of its
5 business when the full commission is not meeting, the
6 commission shall elect a steering committee of thirty-two
7 members which, subject to the provisions of this compact and
8 consistent with the policies of the commission, shall be
9 constituted and function as provided in the bylaws of the
10 commission. One-fourth of the voting membership of the
11 steering committee shall consist of governors, one-fourth
12 shall consist of legislators, and the remainder shall consist
13 of other members of the commission. A federal representative
14 on the commission may serve with the steering committee, but
15 without vote. The voting members of the steering committee
16 shall serve for terms of two years, except that members
17 elected to the first steering committee of the commission
18 shall be elected as follows: sixteen for one year and sixteen
19 for two years. The chair, vice chair, and treasurer of the
20 commission shall be members of the steering committee and,
21 anything in this paragraph to the contrary notwithstanding,
22 shall serve during their continuance in these offices.
23 Vacancies in the steering committee shall not affect its
24 authority to act, but the commission at its next regularly
25 ensuing meeting following the occurrence of any vacancy shall
26 fill it for the unexpired term. No person shall serve more
27 than two terms as a member of the steering committee; provided
28 that service for a partial term of one year or less shall not
29 be counted toward the two term limitations.
30 B. The commission may establish advisory and technical
31 committees composed of state, local, and federal officials,
33
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and private persons to advise it with respect to any one or
2 more of its functions. Any advisory or technical committee
3 may, on request of the states concerned, be established to
4 consider any matter of special concern to two or more of the
5 party states.
6 C. The commission may establish such additional
7 committees as its bylaws may provide.
8
9 ARTICLE VII
10
11 FINANCE.--
12 A. The commission shall advise the governor or
13 designated officer or officers of each party state of its
14 budget and estimated expenditures for such period as may be
15 required by the laws of that party state. Each of the
16 commission's budgets of estimated expenditures shall contain
17 specific recommendations of the amount or amounts to be
18 appropriated by each of the party states.
19 B. The total amount of appropriation requests under
20 any budget shall be apportioned among the party states. In
21 making such apportionment, the commission shall devise and
22 employ a formula which takes equitable account of the
23 populations and per capita income levels of the party states.
24 C. The commission shall not pledge the credit of any
25 party states. The commission may meet any of its obligations
26 in whole or in part with funds available to it pursuant to
27 Article III, G of this compact, provided that the commission
28 takes specific action setting aside such funds prior to
29 incurring an obligation to be met in whole or in part in such
30 manner. Except where the commission makes use of funds
31 available to it pursuant to Article III, G thereof, the
34
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 commission shall not incur any obligation prior to the
2 allotment of funds by the party states adequate to meet the
3 same.
4 D. The commission shall keep accurate accounts of all
5 receipts and disbursements. The receipts and disbursements of
6 the commission shall be subject to the audit and accounting
7 procedures established by its bylaws. However, all receipts
8 and disbursements of funds handled by the commission shall be
9 audited yearly by a qualified public accountant, and the
10 report of the audit shall be included in and become part of
11 the annual reports of the commission.
12 E. The accounts of the commission shall be open at any
13 reasonable time for inspection by duly constituted officers of
14 the party states and by any persons authorized by the
15 commission.
16 F. Nothing contained herein shall be construed to
17 prevent commission compliance with laws relating to audit or
18 inspection of accounts by or on behalf of any government
19 contributing to the support of the commission.
20
21 ARTICLE VIII
22
23 ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.--
24 A. This compact shall have as eligible parties all
25 states, territories, and possessions of the United States, the
26 District of Columbia, and the Commonwealth of Puerto Rico. In
27 respect of any such jurisdiction not having a governor, the
28 term "governor," as used in this compact, shall mean the
29 closest equivalent official of such jurisdiction.
30 B. Any state or other eligible jurisdiction may enter
31 into this compact and it shall become binding thereon when it
35
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 has adopted the same; provided that in order to enter into
2 initial effect, adoption by at least ten eligible party
3 jurisdictions shall be required.
4 C. Adoption of the compact may be either by enactment
5 thereof or by adherence thereto by the governor; provided that
6 in the absence of enactment, adherence by the governor shall
7 be sufficient to make his or her state a party only until
8 December 31, 1967. During any period when a state is
9 participating in this compact through gubernatorial action,
10 the governor shall appoint those persons who, in addition to
11 himself or herself, shall serve as the members of the
12 commission from his or her state, and shall provide to the
13 commission an equitable share of the financial support of the
14 commission from any source available to him or her.
15 D. Except for a withdrawal effective on December 31,
16 1967, in accordance with paragraph C of this article, any
17 party state may withdraw from this compact by enacting a
18 statute repealing the same, but no such withdrawal shall take
19 effect until one year after the governor of the withdrawing
20 state has given notice in writing of the withdrawal to the
21 governors of all other party states. No withdrawal shall
22 affect any liability already incurred by or chargeable to a
23 party state prior to the time of such withdrawal.
24
25 ARTICLE IX
26
27 CONSTRUCTION AND SEVERABILITY.--
28 This compact shall be liberally construed so as to
29 effectuate the purposes thereof. The provisions of this
30 compact shall be severable, and if any phrase, clause,
31 sentence or provision of this compact is declared to be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 contrary to the constitution of any state or of the United
2 States, or the application thereof to any government, agency,
3 person or circumstance is held invalid, the validity of the
4 remainder of this compact and the applicability thereof to any
5 government, agency, person or circumstance shall not be
6 affected thereby. If this compact shall be held contrary to
7 the constitution of any state participating therein, the
8 compact shall remain in full force and effect as to the state
9 affected as to all severable matters.
10 Section 16. Chapter 1001, Florida Statutes, shall be
11 entitled "K-20 Governance" and shall consist of ss.
12 1001.01-1001.75.
13 Section 17. Part I of chapter 1001, Florida Statutes,
14 shall be entitled "State-Level Governance" and shall consist
15 of ss. 1001.01-1001.28.
16 Section 18. Part I.a. of chapter 1001, Florida
17 Statutes, shall be entitled "State Board of Education" and
18 shall consist of ss. 1001.01-1001.03.
19 Section 19. Section 1001.01, Florida Statutes, is
20 created to read:
21 1001.01 State Board of Education generally.--
22 (1) The State Board of Education is established as a
23 body corporate. The state board shall be a citizen board
24 consisting of seven members who are residents of the state
25 appointed by the Governor to staggered 4-year terms, subject
26 to confirmation by the Senate. Members of the state board
27 shall serve without compensation but shall be entitled to
28 reimbursement of travel and per diem expenses in accordance
29 with s. 112.061. Members may be reappointed by the Governor
30 for additional terms not to exceed 8 years of consecutive
31 service.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) The State Board of Education shall select a chair
2 and a vice chair from its appointed members. The chair shall
3 serve a 2-year term and may be reselected for one additional
4 consecutive term.
5 (3) Four members of the State Board of Education shall
6 constitute a quorum. No business may be transacted at any
7 meeting unless a quorum is present.
8 Section 20. Section 1001.02, Florida Statutes, is
9 created to read:
10 1001.02 General powers of State Board of Education.--
11 (1) The State Board of Education is the chief
12 implementing and coordinating body of public education in
13 Florida, and it shall focus on high-level policy decisions. It
14 has authority to adopt rules pursuant to ss. 120.536(1) and
15 120.54 to implement the provisions of law conferring duties
16 upon it for the improvement of the state system of K-20 public
17 education. Except as otherwise provided herein, it may, as it
18 finds appropriate, delegate its general powers to the
19 Commissioner of Education or the directors of the divisions of
20 the department.
21 (2) The State Board of Education has the following
22 duties:
23 (a) To adopt comprehensive educational objectives for
24 public education.
25 (b) To adopt comprehensive long-range plans and
26 short-range programs for the development of the state system
27 of public education.
28 (c) To exercise general supervision over the divisions
29 of the Department of Education as necessary to ensure
30 coordination of educational plans and programs and resolve
31 controversies and to minimize problems of articulation and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 student transfers, to ensure that students moving from one
2 level of education to the next have acquired competencies
3 necessary for satisfactory performance at that level, and to
4 ensure maximum utilization of facilities.
5 (d) To adopt for state universities and community
6 colleges, and from time to time modify, minimum and uniform
7 standards of college-level communication and computation
8 skills generally associated with successful performance and
9 progression through the baccalaureate level and to identify
10 college-preparatory high school coursework and
11 postsecondary-level coursework that prepares students with the
12 academic skills necessary to succeed in postsecondary
13 education.
14 (e) To adopt and submit to the Governor and
15 Legislature, on or before September 1 of each year, a
16 coordinated K-20 education budget that estimates the
17 expenditure requirements for the State Board of Education,
18 including the Department of Education, the Commissioner of
19 Education, and all of the boards, institutions, agencies, and
20 services under the general supervision of the State Board of
21 Education for the ensuing fiscal year. Any program recommended
22 by the State Board of Education which will require increases
23 in state funding for more than 1 year must be presented in a
24 multiyear budget plan.
25 (f) To hold meetings, transact business, keep records,
26 adopt a seal, and perform such other duties as may be
27 necessary for the enforcement of all laws and rules relating
28 to the state system of public education.
29 (g) To approve plans for cooperating with the Federal
30 Government.
31 (h) To approve plans for cooperating with other public
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 agencies in the development of rules and in the enforcement of
2 laws for which the state board and such agencies are jointly
3 responsible.
4 (i) To review plans for cooperating with appropriate
5 nonpublic agencies for the improvement of conditions relating
6 to the welfare of schools.
7 (j) To create such subordinate advisory bodies as are
8 required by law or as it finds necessary for the improvement
9 of education.
10 (k) To constitute any education bodies or other
11 structures as required by federal law.
12 (l) To assist in the economic development of the state
13 by developing a state-level planning process to identify
14 future training needs for industry, especially high-technology
15 industry.
16 (m) To assist in the planning and economic development
17 of the state by establishing a clearinghouse for information
18 on educational programs of value to economic development.
19 (n) To adopt cohesive rules pursuant to ss. 120.536(1)
20 and 120.54, within statutory authority, for education
21 systemwide issues.
22 (o) To authorize the allocation of resources in
23 accordance with law and rule.
24 (p) To contract with independent institutions
25 accredited by an agency whose standards are comparable to the
26 minimum standards required to operate a postsecondary
27 educational institution at that level in the state. The
28 purpose of the contract is to provide those educational
29 programs and facilities which will meet needs unfulfilled by
30 the state system of public postsecondary education.
31 (q) To recommend that a district school board take
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 action consistent with the state board's decision relating to
2 an appeal of a charter school application.
3 (r) To enforce systemwide education goals and
4 policies.
5 (s) To establish a detailed procedure for the
6 implementation and operation of a systemwide K-20 technology
7 plan that is based on a common set of data definitions.
8 (t) To establish accountability standards for existing
9 legislative performance goals, standards, and measures, and
10 order the development of mechanisms to implement new
11 legislative goals, standards, and measures.
12 (u) To adopt criteria and implementation plans for
13 future growth issues, such as new colleges and universities
14 and campus mergers, and to provide for cooperative agreements
15 between and within public and private education sectors.
16 (v) To develop, and periodically review for
17 adjustment, a coordinated 5-year plan for postsecondary
18 enrollment and annually submit the plan to the Legislature.
19 (w) To approve a new program at the professional level
20 or doctoral level, if:
21 1. The university has taken into account the need and
22 demand for the program, the university's mission, and similar
23 program offerings by public and nonpublic counterparts.
24 2. The addition of the program will not alter the
25 university's emphasis on undergraduate education.
26 (x) To review, and approve or disapprove, degree
27 programs identified as unique pursuant to s. 1007.25.
28 (y) To recommend to the Legislature a plan for
29 implementing block tuition programs and providing other
30 incentives to encourage students to graduate within 4 years.
31 (3) The State Board of Education shall adopt rules to
41
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 establish the criteria for assigning, reviewing, and removing
2 limited-access status to an educational program. The State
3 Board of Education shall monitor the extent of limited-access
4 programs within the state universities and report to the
5 Legislature admissions and enrollment data for limited-access
6 programs. Such report shall be submitted annually by December
7 1 and shall assist in determining the potential need for
8 academic program contracts with independent institutions
9 pursuant to paragraph (2)(p). The report must specify, for
10 each limited-access program within each institution, the
11 following categories, by race and gender:
12 (a) The number of applicants.
13 (b) The number of applicants granted admission.
14 (c) The number of applicants who are granted admission
15 and enroll.
16 (d) The number of applicants denied admission.
17 (e) The number of applicants neither granted admission
18 nor denied admission.
19
20 Each category must be reported for each term. Each category
21 must be reported by type of student, including the following
22 subcategories: native students, community college associate in
23 arts degree transfer students, and other students. Each
24 category and subcategory must further be reported according to
25 the number of students who meet or exceed the minimum
26 eligibility requirements for admission to the program and the
27 number of students who do not meet or exceed the minimum
28 eligibility requirements for admission to the program.
29 (4) The State Board of Education shall review, and
30 approve or disapprove, baccalaureate-degree programs that
31 exceed 120 semester hours, after considering accreditation
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 requirements, employment and earnings of graduates,
2 comparative program lengths nationally, and comparisons with
3 similar programs offered by independent institutions. By
4 December 31 of each year, the State Board of Education must
5 report to the Legislature any degrees in the state
6 universities that require more than 120 hours, along with
7 appropriate evidence of need. At least every 5 years, the
8 State Board of Education must determine whether the programs
9 still require more than the standard length of 120 hours.
10 (5)(a) The State Board of Education shall adopt a
11 systemwide strategic plan that specifies goals and objectives
12 for the state universities and community colleges. In
13 developing this plan, the State Board of Education shall
14 consider the role of individual public and independent
15 institutions within the state. The plan shall provide for the
16 roles of the universities and community colleges to be
17 coordinated to best meet state needs and reflect
18 cost-effective use of state resources. The strategic plan must
19 clarify mission statements and identify degree programs to be
20 offered at each university and community college in accordance
21 with the objectives provided in this subsection. The
22 systemwide strategic plan must cover a period of 5 years, with
23 modification of the program lists after 2 years. Development
24 of each 5-year plan must be coordinated with and initiated
25 after completion of the master plan. The systemwide and
26 university and community college strategic plans must
27 specifically include programs and procedures for responding to
28 the educational needs of teachers and students in the public
29 schools of this state. The state board shall submit a report
30 to the President of the Senate and the Speaker of the House of
31 Representatives upon modification of the system plan.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) The State Board of Education shall develop
2 long-range plans and annual reports for financial aid in this
3 state. The long-range plans shall establish goals and
4 objectives for a comprehensive program of financial aid for
5 Florida students and shall be updated every 5 years. The
6 annual report shall include an assessment of progress made in
7 achieving goals and objectives established in the long-range
8 plans and recommendations for repealing or modifying existing
9 financial aid programs or establishing new programs. A
10 long-range plan shall be submitted by January 1, 2004, and
11 every 5 years thereafter. An annual report shall be submitted
12 on January 1, 2004, and in each successive year that a
13 long-range plan is not submitted, to the President of the
14 Senate and the Speaker of the House of Representatives.
15 (6) The State Board of Education shall coordinate the
16 programs with the Council for Education Policy Research and
17 Improvement, including doctoral programs. The programs shall
18 be reviewed every 5 years or whenever the state board
19 determines that the effectiveness or efficiency of a program
20 is jeopardized. The State Board of Education shall define the
21 indicators of quality and the criteria for program review for
22 every program. Such indicators include need, student demand,
23 industry-driven competencies for advanced technology and
24 related programs, and resources available to support
25 continuation. The results of the program reviews must be tied
26 to the university and community college budget requests.
27 (7) The State Board of Education shall:
28 (a) Provide for each community college to offer
29 educational training and service programs designed to meet the
30 needs of both students and the communities served.
31 (b) Specify, by rule, procedures to be used by the
44
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 boards of trustees in the annual evaluations of presidents and
2 review the evaluations of presidents by the boards of
3 trustees.
4 (c) Establish an effective information system that
5 will provide composite data concerning the community colleges
6 and state universities and ensure that special analyses and
7 studies concerning the institutions are conducted, as
8 necessary, for provision of accurate and cost-effective
9 information concerning the institutions.
10 (d) Establish criteria for making recommendations for
11 modifying district boundary lines for community colleges.
12 (e) Establish criteria for making recommendations
13 concerning all proposals for the establishment of additional
14 centers or campuses for community colleges and state
15 universities.
16 (f) Examine the annual administrative review of each
17 community college and state university.
18 (g) Specify, by rule, the degree program courses that
19 may be taken by students concurrently enrolled in
20 college-preparatory instruction.
21 (h) Adopt and submit to the Legislature a 3-year list
22 of priorities for fixed-capital-outlay projects.
23 (8) The State Board of Education is responsible for
24 reviewing and administering the state program of support for
25 the community colleges and, subject to existing law, shall
26 establish the tuition and out-of-state fees for
27 college-preparatory instruction and for credit instruction
28 that may be counted toward an associate in arts degree, an
29 associate in applied science degree, or an associate in
30 science degree.
31 (9) The State Board of Education shall prescribe
45
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 minimum standards, definitions, and guidelines for community
2 colleges and state universities that will ensure the quality
3 of education, coordination among the community colleges and
4 state universities, and efficient progress toward
5 accomplishing the community college and state university
6 mission. At a minimum, these rules must address:
7 (a) Personnel.
8 (b) Contracting.
9 (c) Program offerings and classification, including
10 college-level communication and computation skills associated
11 with successful performance in college and with tests and
12 other assessment procedures that measure student achievement
13 of those skills. The performance measures must provide that
14 students moving from one level of education to the next
15 acquire the necessary competencies for that level.
16 (d) Provisions for curriculum development, graduation
17 requirements, college calendars, and program service areas.
18 These provisions must include rules that:
19 1. Provide for the award of an associate in arts
20 degree to a student who successfully completes 60 semester
21 credit hours at the community college.
22 2. Require all of the credits accepted for the
23 associate in arts degree to be in the statewide course
24 numbering system as credits towards a baccalaureate degree
25 offered by a state university.
26 3. Require no more than 36 semester credit hours in
27 general education courses in the subject areas of
28 communication, mathematics, social sciences, humanities, and
29 natural sciences.
30
31 The rules should encourage community colleges to enter into
46
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 agreements with state universities that allow community
2 college students to complete upper-division-level courses at a
3 community college. An agreement may provide for concurrent
4 enrollment at the community college and the state university
5 and may authorize the community college to offer an
6 upper-division-level course or distance learning.
7 (e) Student admissions, conduct and discipline,
8 nonclassroom activities, and fees.
9 (f) Budgeting.
10 (g) Business and financial matters.
11 (h) Student services.
12 (i) Reports, surveys, and information systems,
13 including forms and dates of submission.
14 Section 21. Section 1001.03, Florida Statutes, is
15 created to read:
16 1001.03 Specific powers of State Board of Education.--
17 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
18 State Board of Education shall approve the student performance
19 standards known as the Sunshine State Standards in key
20 academic subject areas and grade levels.
21 (2) DIRECT-SUPPORT ORGANIZATION OF THE DEPARTMENT OF
22 EDUCATION.--The State Board of Education shall govern issues
23 relating to use of property, facilities, and personal services
24 between the Department of Education and its direct-support
25 organization and shall certify that the organization operates
26 at all times in a manner consistent with the goals and best
27 interest of the department, pursuant to s. 1001.24.
28 (3) PROFESSIONAL CERTIFICATES.--The State Board of
29 Education shall classify school services, designate the
30 certification subject areas, establish competencies, including
31 the use of technology to enhance student learning, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 certification requirements for all school-based personnel, and
2 prescribe rules in accordance with which the professional,
3 temporary, and part-time certificates shall be issued by the
4 Department of Education to applicants who meet the standards
5 prescribed by such rules for their class of service, as
6 described in chapter 1012.
7 (4) PROFESSIONAL TEACHER ASSOCIATIONS.--The State
8 Board of Education shall ensure that not-for-profit,
9 professional teacher associations that offer membership to all
10 teachers, noninstructional personnel, and administrators, and
11 that offer teacher training and staff development at no fee to
12 the district, shall be given equal access to voluntary teacher
13 meetings, be provided access to teacher mailboxes for
14 distribution of professional literature, and be authorized to
15 collect voluntary membership fees through payroll deduction.
16 (5) IDENTIFICATION OF CRITICAL TEACHER SHORTAGE
17 AREAS.--The State Board of Education shall identify critical
18 teacher shortage areas pursuant to s. 1012.07.
19 (6) CAPITAL OUTLAY BOND AND MOTOR VEHICLE TAX
20 ANTICIPATION CERTIFICATE RESOLUTIONS.--The State Board of
21 Education shall issue bonds and approve resolutions regarding
22 the expenditure of funds for capital projects and purposes
23 pursuant to the State Constitution and other applicable law.
24 (7) ARTICULATION ACCOUNTABILITY.--The State Board of
25 Education shall develop articulation accountability measures
26 that assess the status of systemwide articulation processes,
27 and shall establish an articulation accountability process in
28 accordance with the provisions of chapter 1008.
29 (8) SYSTEMWIDE ENFORCEMENT.--The State Board of
30 Education shall enforce compliance with law and state board
31 rule by all school districts and public postsecondary
48
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 educational institutions, in accordance with the provisions of
2 s. 1008.32.
3 (9) MANAGEMENT INFORMATION DATABASES.--The State Board
4 of Education shall continue to collect and maintain, at a
5 minimum, the management information databases for state
6 universities, and all other components of the public K-20
7 education system as such databases existed on June 30, 2002.
8 (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
9 EDUCATION.--The State Board of Education shall develop and
10 implement a common placement test to assess the basic
11 computation and communication skills of students who intend to
12 enter a degree program at any community college or state
13 university.
14 (11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
15 EDUCATION.--The State Board of Education shall adopt minimum
16 standards relating to nonpublic postsecondary education and
17 institutions, in accordance with the provisions of chapter
18 1005.
19 (12) COMMON POSTSECONDARY DEFINITIONS.--The State
20 Board of Education shall adopt, by rule, common definitions
21 for associate in science degrees and for certificates.
22 (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
23 PROGRAMS.--The State Board of Education shall provide for the
24 cyclic review of all academic programs in community colleges
25 and state universities at least every 7 years. Program reviews
26 shall document how individual academic programs are achieving
27 stated student learning and program objectives within the
28 context of the institution's mission. The results of the
29 program reviews shall inform strategic planning, program
30 development, and budgeting decisions at the institutional
31 level.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
2 ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
3 Education shall recommend to the Legislature by February 1,
4 2003, a uniform classification system for school district
5 administrative and management personnel that will facilitate
6 the uniform coding of administrative and management personnel
7 to total district employees.
8 Section 22. Part I.b. of chapter 1001, Florida
9 Statutes, shall be entitled "Commissioner of Education" and
10 shall consist of ss. 1001.10-1001.11.
11 Section 23. Section 1001.10, Florida Statutes, is
12 created to read:
13 1001.10 Commissioner of Education; general powers and
14 duties.--The Commissioner of Education is the chief
15 educational officer of the state, and is responsible for
16 giving full assistance to the State Board of Education in
17 enforcing compliance with the mission and goals of the
18 seamless K-20 education system. To facilitate innovative
19 practices and to allow local selection of educational methods,
20 the State Board of Education may authorize the commissioner to
21 waive, upon the request of a district school board, State
22 Board of Education rules that relate to district school
23 instruction and school operations, except those rules
24 pertaining to civil rights, and student health, safety, and
25 welfare. The Commissioner of Education is not authorized to
26 grant waivers for any provisions in rule pertaining to the
27 allocation and appropriation of state and local funds for
28 public education; the election, compensation, and organization
29 of school board members and superintendents; graduation and
30 state accountability standards; financial reporting
31 requirements; reporting of out-of-field teaching assignments
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 under s. 1012.42; public meetings; public records; or due
2 process hearings governed by chapter 120. No later than
3 January 1 of each year, the commissioner shall report to the
4 Legislature and the State Board of Education all approved
5 waiver requests in the preceding year. Additionally, the
6 commissioner has the following general powers and duties:
7 (1) To appoint staff necessary to carry out his or her
8 powers and duties.
9 (2) To advise and counsel with the State Board of
10 Education on all matters pertaining to education; to recommend
11 to the State Board of Education actions and policies as, in
12 the commissioner's opinion, should be acted upon or adopted;
13 and to execute or provide for the execution of all acts and
14 policies as are approved.
15 (3) To keep such records as are necessary to set forth
16 clearly all acts and proceedings of the State Board of
17 Education.
18 (4) To have a seal for his or her office with which,
19 in connection with his or her own signature, the commissioner
20 shall authenticate true copies of decisions, acts, or
21 documents.
22 (5) To recommend to the State Board of Education
23 policies and steps designed to protect and preserve the
24 principal of the State School Fund; to provide an assured and
25 stable income from the fund; to execute such policies and
26 actions as are approved; and to administer the State School
27 Fund.
28 (6) To take action on the release of mineral rights
29 based upon the recommendations of the Board of Trustees of the
30 Internal Improvement Trust Fund.
31 (7) To submit to the State Board of Education, on or
51
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 before August 1 of each year, recommendations for a
2 coordinated K-20 education budget that estimates the
3 expenditures for the State Board of Education, including the
4 Department of Education, the Commissioner of Education, and
5 all of the boards, institutions, agencies, and services under
6 the general supervision of the State Board of Education for
7 the ensuing fiscal year. Any program recommended to the State
8 Board of Education that will require increases in state
9 funding for more than 1 year must be presented in a multiyear
10 budget plan.
11 (8) To develop and implement a plan for cooperating
12 with the Federal Government in carrying out any or all phases
13 of the educational program and to recommend policies for
14 administering funds that are appropriated by Congress and
15 apportioned to the state for any or all educational purposes.
16 (9) To develop and implement policies for cooperating
17 with other public agencies in carrying out those phases of the
18 program in which such cooperation is required by law or is
19 deemed by the commissioner to be desirable and to cooperate
20 with public and nonpublic agencies in planning and bringing
21 about improvements in the educational program.
22 (10) To prepare forms and procedures as are necessary
23 to be used by district school boards and all other educational
24 agencies to assure uniformity, accuracy, and efficiency in the
25 keeping of records, the execution of contracts, the
26 preparation of budgets, or the submission of reports; and to
27 furnish at state expense, when deemed advisable by the
28 commissioner, those forms that can more economically and
29 efficiently be provided.
30 (11) To implement a program of school improvement and
31 education accountability designed to provide all students the
52
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 opportunity to make adequate learning gains in each year of
2 school as provided by statute and State Board of Education
3 rule based upon the achievement of the state education goals,
4 recognizing the following:
5 (a) The State Board of Education is the body corporate
6 responsible for the supervision of the system of public
7 education.
8 (b) The district school board is responsible for
9 school and student performance.
10 (c) The individual school is the unit for education
11 accountability.
12 (d) The community college board of trustees is
13 responsible for community college performance and student
14 performance.
15 (e) The university board of trustees is responsible
16 for university performance and student performance.
17 (12) To establish a Citizen Information Center
18 responsible for the preparation, publication, and distribution
19 of materials relating to the state system of seamless K-20
20 public education.
21 (13) To prepare and publish annually reports giving
22 statistics and other useful information pertaining to the
23 Opportunity Scholarship Program.
24 (14) To have printed or electronic copies of school
25 laws, forms, instruments, instructions, and rules of the State
26 Board of Education and provide for their distribution.
27 (15) To develop criteria for use by state
28 instructional materials committees in evaluating materials
29 submitted for adoption consideration. The criteria shall, as
30 appropriate, be based on instructional expectations reflected
31 in curriculum frameworks and student performance standards.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 The criteria for each subject or course shall be made
2 available to publishers of instructional materials pursuant to
3 the requirements of chapter 1006.
4 (16) To prescribe procedures for evaluating
5 instructional materials submitted by publishers and
6 manufacturers in each adoption.
7
8 The commissioner's office shall operate all statewide
9 functions necessary to support the State Board of Education
10 and the K-20 education system, including strategic planning
11 and budget development, general administration, and assessment
12 and accountability.
13 Section 24. Section 1001.11, Florida Statutes, is
14 created to read:
15 1001.11 Commissioner of Education; other duties.--
16 (1) The Commissioner of Education must independently
17 perform the following duties:
18 (a) Cooperate with and coordinate responses to
19 requests from the members of the Legislature.
20 (b) Serve as the primary source of information to the
21 Legislature, including the President of the Senate and the
22 Speaker of the House of Representatives, concerning the State
23 Board of Education and the K-20 education system.
24 (c) Develop and implement a process for receiving and
25 processing requests, in conjunction with the Legislature, for
26 the allocation of PECO funds for qualified postsecondary
27 education projects.
28 (d) Integrally work with the boards of trustees of the
29 state universities and community colleges.
30 (e) Monitor the activities of the State Board of
31 Education and provide information related to current and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pending policies to the members of the boards of trustees of
2 the community colleges and state universities.
3 (f) Ensure the timely provision of information
4 requested by the Legislature from the State Board of
5 Education, the commissioner's office, and the Department of
6 Education.
7 (2)(a) The Commissioner of Education shall recommend
8 to the State Board of Education performance goals addressing
9 the educational needs of the state for the K-20 education
10 system. The Council for Education Policy Research and
11 Improvement, as an independent entity, shall develop a report
12 card assigning grades to indicate Florida's progress toward
13 meeting those goals. The annual report card shall contain
14 information showing Florida's performance relative to other
15 states on selected measures, as well as Florida's ability to
16 meet the need for postsecondary degrees and programs and how
17 well the Legislature has provided resources to meet this need.
18 The information shall include the results of the National
19 Assessment of Educational Progress or a similar national
20 assessment program administered to students in Florida. By
21 January 1 of each year, the Council for Education Policy
22 Research and Improvement shall submit the report card to the
23 Legislature, the Governor, and the public.
24 (b) Prior to the regular legislative session, the
25 Commissioner of Education shall present to the Legislature a
26 plan for correcting any deficiencies identified in the report
27 card.
28 (3) Notwithstanding any other provision of law to the
29 contrary, the Commissioner of Education, in conjunction with
30 the Legislature, must recommend funding priorities for the
31 distribution of capital outlay funds for public postsecondary
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 educational institutions, based on priorities that include,
2 but are not limited to, the following criteria:
3 (a) Growth at the institutions.
4 (b) Need for specific skills statewide.
5 (c) Need for maintaining and repairing existing
6 facilities.
7 (4) The commissioner shall develop and implement an
8 integrated K-20 information system for educational management
9 in accordance with the requirements of chapter 1008.
10 (5) The commissioner shall design and implement a
11 statewide program of educational assessment that provides
12 information for the improvement of the operation and
13 management of the public schools, including schools operating
14 for the purpose of providing educational services to youth in
15 Department of Juvenile Justice programs, in accordance with
16 the requirements of chapter 1008.
17 (6) The commissioner is responsible for implementing
18 and maintaining a system of intensive school improvement and
19 stringent education accountability, in accordance with the
20 requirements of chapter 1008.
21 Section 25. Part I.c. of chapter 1001, Florida
22 Statutes, shall be entitled "Department of Education" and
23 shall consist of ss. 1001.20-1001.28.
24 Section 26. Section 1001.20, Florida Statutes, is
25 created to read:
26 1001.20 Department under direction of state board.--
27 (1) The Department of Education shall be organized
28 consistently with the requirements of s. 20.15, and shall act
29 as an administrative and supervisory agency under the
30 implementation direction of the State Board of Education.
31 (2) The department is to be located in the offices of
56
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the Commissioner of Education and shall assist in providing
2 professional leadership and guidance and in carrying out the
3 policies, procedures, and duties authorized by law or by the
4 State Board of Education or found necessary by it to attain
5 the purposes and objectives of this code.
6 (3) The Department of Education shall maintain an
7 Office of the Commissioner of Education that includes the
8 general areas of operation that are common to all delivery
9 sectors, such as administration, communication, legal
10 services, financial aid, and government and public relations,
11 in order to increase efficiency, improve service delivery to
12 students, and fully support the operational needs of the State
13 Board of Education.
14 (4) The Department of Education shall establish the
15 following offices within the Office of the Commissioner of
16 Education which shall coordinate their activities with all
17 other divisions and offices:
18 (a) Office of Technology and Information
19 Services.--Responsible for developing a systemwide technology
20 plan, making budget recommendations to the commissioner,
21 providing data collection and management for the system, and
22 coordinating services with other state, local, and private
23 agencies. The office shall develop a method to address the
24 need for a statewide approach to planning and operations of
25 library and information services to achieve a single K-20
26 education system library information portal and a unified
27 higher education library management system. The Florida
28 Virtual School shall be administratively housed within the
29 office.
30 (b) Office of Workforce and Economic
31 Development.--Responsible for evaluating the role of each
57
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 sector of education in Florida's workforce and economic
2 development, assessing the specific work skills and variety of
3 careers provided, and reporting to the State Board of
4 Education the effectiveness of each sector.
5 (c) Office of Educational Facilities and SMART Schools
6 Clearinghouse.--Responsible for validating all educational
7 plant surveys and verifying Florida Inventory of School Houses
8 (FISH) data. The office shall provide technical assistance to
9 public school districts when requested.
10 (d) Office of Student Financial
11 Assistance.--Responsible for providing access to and
12 administering state and federal grants, scholarships, and
13 loans to those students seeking financial assistance for
14 postsecondary study pursuant to program criteria and
15 eligibility requirements.
16 (e) Office of Inspector General.--Organized using
17 existing resources and funds and responsible for promoting
18 accountability, efficiency, and effectiveness and detecting
19 fraud and abuse within school districts, community colleges,
20 and state universities in Florida. If the Commissioner of
21 Education determines that a district school board or public
22 postsecondary educational institution board is unwilling or
23 unable to address substantiated allegations made by any person
24 relating to waste, fraud, or financial mismanagement, the
25 office shall conduct, coordinate, or request investigations
26 into substantiated allegations made by any person relating to
27 waste, fraud, or financial mismanagement within school
28 districts, community colleges, and state universities in
29 Florida. The office shall have access to all information and
30 personnel necessary to perform its duties and shall have all
31 of its current powers, duties, and responsibilities authorized
58
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in s. 20.055.
2 Section 27. Section 1001.21, Florida Statutes, is
3 created to read:
4 1001.21 Office of Private Schools and Home Education
5 Programs.--The state recognizes the contributions of private
6 schools and home education programs in providing alternatives
7 to public school education. These nongovernmental educational
8 systems serve the public, but are not considered to be a part
9 of the public system of education.
10 (1) The Office of Private Schools and Home Education
11 Programs is established within the Department of Education.
12 The Department of Education and the Commissioner of Education
13 have no authority over the institutions or students served by
14 the office. The office shall:
15 (a) Serve the interests of students and the parents of
16 students in private schools and home education programs.
17 (b) Serve the interests of private institutions.
18 (c) Provide general information to the public about
19 private and home education delivery systems.
20 (2) The Commissioner of Education shall appoint an
21 executive director for the office who shall:
22 (a) Serve as a source of communication between private
23 schools, home education programs, the Commissioner of
24 Education, and the State Board of Education.
25 (b) Evaluate pending policy to ensure that the policy
26 does not subject private schools and home education programs
27 to additional regulation or mandates.
28 (c) Establish a clearinghouse of information for the
29 public.
30 (d) Foster a collaborative spirit and working
31 relationship among private schools, home education programs,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and the public sector.
2 (e) Identify and convey the best practices of private
3 schools and home education programs for the benefit of the
4 public and private education delivery sectors.
5 (f) Represent issues and concerns relating to home
6 education programs and private schools on all applicable ad
7 hoc advisory bodies.
8 Section 28. Section 1001.22, Florida Statutes, is
9 created to read:
10 1001.22 Commission for Independent Education.--The
11 Commission for Independent Education shall authorize granting
12 of certificates, diplomas, and degrees for independent
13 postsecondary educational institutions pursuant to chapter
14 1005.
15 Section 29. Section 1001.23, Florida Statutes, is
16 created to read:
17 1001.23 Specific powers and duties of the Department
18 of Education.--In addition to all other duties assigned to it
19 by law or by rule of the State Board of Education, the
20 department shall:
21 (1) Adopt the school readiness uniform screening
22 developed by the Florida Partnership for School Readiness, in
23 accordance with the criteria itemized in chapter 1008.
24 (2) Implement a training program to develop among
25 state and district educators a cadre of facilitators of school
26 improvement in accordance with the provisions of chapter 1008.
27 (3) Identify the needs of the state system of public
28 education as they relate to the development and production of
29 materials used in instruction, in accordance with the
30 requirements of chapter 1006.
31 (4) After complying with the provisions of s. 257.37,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the Department of Education may:
2 (a) Photograph, microphotograph, or reproduce on film
3 or prints, documents, records, data, and information of a
4 permanent character and destroy any of the documents after
5 they have been photographed and after audit of the department
6 has been completed for the period embracing the dates of the
7 instruments. Photographs or microphotographs in the form of
8 film or prints made in compliance with the provisions of this
9 subsection shall have the same force and effect as the
10 originals would have, and shall be treated as originals for
11 the purpose of their admissibility in evidence. Duly certified
12 or authenticated reproductions of such photographs or
13 microphotographs shall be admitted in evidence equally with
14 the original photographs or microphotographs.
15 (b) Destroy general correspondence that is over 3
16 years old; records of bills, accounts, vouchers, and
17 requisitions that are over 5 years old and copies of which
18 have been filed with the Comptroller; and other records,
19 papers, and documents over 3 years old that do not serve as
20 part of an agreement or understanding and do not have value as
21 permanent records.
22 Section 30. Section 1001.24, Florida Statutes, is
23 created to read:
24 1001.24 Direct-support organization; use of property;
25 board of directors; audit.--
26 (1) DEFINITIONS.--For the purposes of this section,
27 the term:
28 (a) "Department of Education direct-support
29 organization" means an organization:
30 1. That is a corporation not for profit that is
31 incorporated under the provisions of chapter 617 and approved
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 by the Department of State.
2 2. That is organized and operated exclusively to
3 receive, hold, invest, and administer property and to make
4 expenditures to or for the benefit of public prekindergarten
5 through 12th grade education in this state.
6 3. That the State Board of Education, after review,
7 has certified to be operating in a manner consistent with the
8 goals and best interest of the Department of Education.
9 (b) "Personal services" includes full-time or
10 part-time personnel, as well as payroll processing.
11 (2) USE OF PROPERTY.--The State Board of Education:
12 (a) May permit the use of property, facilities, and
13 personal services of the department by the direct-support
14 organization, subject to the provisions of this section.
15 (b) Shall prescribe by rule conditions with which the
16 direct-support organization must comply in order to use
17 property, facilities, or personal services of the department.
18 Such rules shall provide for budget and audit review and for
19 oversight by the department.
20 (c) Shall not permit the use of property, facilities,
21 or personal services of the direct-support organization if
22 such organization does not provide equal employment
23 opportunities to all persons, regardless of race, color,
24 national origin, gender, age, or religion.
25 (3) BOARD OF DIRECTORS.--The board of directors of the
26 department direct-support organization shall be appointed by
27 the commissioner and shall include representation from
28 business, industry, and other components of Florida's economy.
29 (4) ANNUAL AUDIT.--Each direct-support organization
30 shall provide for an annual financial audit in accordance with
31 s. 215.981. The identity of donors who desire to remain
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 anonymous shall be protected, and that anonymity shall be
2 maintained in the auditor's report. All records of the
3 organization other than the auditor's report, management
4 letter, and any supplemental data requested by the Auditor
5 General and the Office of Program Policy Analysis and
6 Government Accountability shall be confidential and exempt
7 from the provisions of s. 119.07(1).
8 Section 31. Section 1001.25, Florida Statutes, is
9 created to read:
10 1001.25 Educational television.--
11 (1) ESTABLISHMENT AND UTILIZATION OF NETWORK.--The
12 department may establish a television network connecting such
13 communities or such stations as it designates. For this
14 purpose, it may lease facilities in the name of the state from
15 communications' common carriers and use such transmission
16 channels as are necessary; however, if the department decides,
17 upon investigation, that it could more economically construct
18 and maintain such transmission channels, it may design,
19 construct, operate, and maintain them, including a television
20 microwave network. The network shall be utilized primarily for
21 the instruction of students at existing and future public and
22 private educational institutions and of the general public, as
23 practical. The origination and transmission of all programs
24 over such networks shall be as directed under policies
25 approved by the State Board of Education. The department may
26 cooperate with and assist all local and state educational
27 agencies in making surveys pertaining to the use and economics
28 of educational television in the fields of primary,
29 elementary, secondary, or college level education and in the
30 field of adult education, and may assist all public agencies
31 in the planning of programs calculated to further the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education of the state's citizens.
2 (2) POWERS OF DEPARTMENT.--
3 (a) The department may encourage:
4 1. The extension of educational television network
5 facilities.
6 2. The coordination of Florida's educational
7 television with that of other states and with the Federal
8 Government.
9 3. The further development of educational television
10 within the state.
11 (b) The department shall provide through educational
12 television and other electronic media a means of extending
13 educational services to all the state system of public
14 education, except the state universities, which provision by
15 the department is limited by paragraph (c) and by s.
16 1006.26(1). The department shall recommend to the State Board
17 of Education rules necessary to provide such services.
18 (c) The department may provide equipment, funds, and
19 other services to extend and update both the existing and the
20 proposed educational television and radio systems of
21 tax-supported and nonprofit, corporate-owned facilities. All
22 stations funded must be qualified by the Corporation for
23 Public Broadcasting. New stations eligible for funding shall
24 provide a first service to an audience that is not currently
25 receiving a broadcast signal or provide a significant new
26 program service as defined by State Board of Education rules.
27 Funds appropriated to the department for educational
28 television and funds appropriated to the department for
29 educational radio may be used by the department for either
30 educational television or educational radio, or both.
31 (3) PROHIBITED USE, PENALTY.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) None of the facilities, plant, or personnel of any
2 educational television system that is supported in whole or in
3 part by state funds shall be used directly or indirectly for
4 the promotion, advertisement, or advancement of any political
5 candidate for any municipal, county, legislative,
6 congressional, or state office. However, fair, open, and free
7 discussion between political candidates for municipal, county,
8 legislative, congressional, or state office may be permitted
9 in order to help materially reduce the excessive cost of
10 campaigns and to ensure that the state's citizens are fully
11 informed about issues and candidates in campaigns. The
12 provisions of this paragraph apply to the advocacy for, or
13 opposition to, any specific program, existing or proposed, of
14 governmental action which includes, but is not limited to,
15 constitutional amendments, tax referenda, and bond issues. The
16 provisions of this paragraph shall be in accordance with rules
17 of the State Board of Education.
18 (b) Violation of any prohibition contained in this
19 section is a misdemeanor of the second degree, punishable as
20 provided in s. 775.082 or s. 775.083.
21 (4) DUTY OF DEPARTMENT.--The department is responsible
22 for identifying the needs of the state system of public
23 education as they relate to the development and production of
24 materials used in instruction. When such identified needs are
25 considered to be best satisfied by the production of new
26 materials, the department may commission or contract for the
27 production of such materials.
28 Section 32. Section 1001.26, Florida Statutes, is
29 created to read:
30 1001.26 Public broadcasting program system.--
31 (1) There is created a public broadcasting program
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 system for the state. The department shall administer this
2 program system pursuant to rules adopted by the State Board of
3 Education. This program system must complement and share
4 resources with the instructional programming service of the
5 Department of Education and educational UHF, VHF, ITFS, and FM
6 stations in the state. The program system must include:
7 (a) Support for existing Corporation for Public
8 Broadcasting qualified program system educational radio and
9 television stations and new stations meeting Corporation for
10 Public Broadcasting qualifications and providing a first
11 service to an audience that does not currently receive a
12 broadcast signal or providing a significant new program
13 service as defined by rule by the State Board of Education.
14 (b) Maintenance of quality broadcast capability for
15 educational stations that are part of the program system.
16 (c) Interconnection of all educational stations that
17 are part of the program system for simultaneous broadcast and
18 of such stations with all universities and other institutions
19 as necessary for sharing of resources and delivery of
20 programming.
21 (d) Establishment and maintenance of a capability for
22 statewide program distribution with facilities and staff,
23 provided such facilities and staff complement and strengthen
24 existing or future educational television and radio stations
25 in accordance with paragraph (a) and s. 1001.25(2)(c).
26 (e) Provision of both statewide programming funds and
27 station programming support for educational television and
28 educational radio to meet statewide priorities. Priorities for
29 station programming need not be the same as priorities for
30 programming to be used statewide. Station programming may
31 include, but shall not be limited to, citizens' participation
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 programs, music and fine arts programs, coverage of public
2 hearings and governmental meetings, equal air time for
3 political candidates, and other public interest programming.
4 (2)(a) The Department of Education is responsible for
5 implementing the provisions of this section pursuant to part
6 III of chapter 287 and may employ personnel, acquire equipment
7 and facilities, and perform all duties necessary for carrying
8 out the purposes and objectives of this section.
9 (b) The department shall provide through educational
10 television and other electronic media a means of extending
11 educational services to all the state system of public
12 education. The department shall recommend to the State Board
13 of Education rules necessary to provide such services.
14 (c) The department is authorized to provide equipment,
15 funds, and other services to extend and update both the
16 existing and the proposed educational television and radio
17 systems of tax-supported and nonprofit, corporate-owned
18 facilities. All stations funded must be qualified by the
19 Corporation for Public Broadcasting. New stations eligible
20 for funding shall provide a first service to an audience that
21 is not currently receiving a broadcast signal or provide a
22 significant new program service as defined by State Board of
23 Education rules. Funds appropriated to the department for
24 educational television and funds appropriated to the
25 department for educational radio may be used by the department
26 for either educational television or educational radio, or for
27 both.
28 (3) The State Board of Education shall adopt rules for
29 the proper enforcement and carrying out of these provisions.
30 Section 33. Section 1001.27, Florida Statutes, is
31 created to read:
67
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1001.27 State satellite network.--
2 (1) There is created a state satellite network, which
3 shall provide one-way video and audio transmissions with
4 regional access for all Floridians, state agencies, county and
5 municipal governments, business and industry, and other public
6 and private entities to participate in classroom instruction,
7 continuing education, special events programs, and one-way
8 video teleconferencing.
9 (2) The network shall consist of compatible satellite
10 receiving equipment at public educational institutions in each
11 of the 28 community college regions.
12 (3) The department, in consultation with the
13 Department of Management Services, shall implement the
14 provisions of this section and coordinate the network.
15 Specifically, the department shall:
16 (a) Provide for technical analysis of suitable
17 existing satellite receiving equipment at Florida public
18 postsecondary educational institutions for inclusion in the
19 network.
20 (b) Acquire by competitive sealed bid and place
21 appropriate receiving equipment in those community college
22 regions of the state in which such equipment is presently not
23 available at a public postsecondary educational institution.
24 (c) Develop an implementation plan that provides for
25 designation of a site in each community college region for
26 inclusion in the initial network. Criteria for selection
27 shall include:
28 1. Accessibility to a substantial portion of the
29 population of the region.
30 2. Demonstrated institutional commitment to support
31 and encourage use of the network both within the region and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 statewide.
2 3. Willingness to complement state support with
3 matching institutional resources.
4 4. Evidence of cooperation and coordinated planning
5 with other postsecondary educational institutions in the
6 region.
7 5. Availability of existing telecommunications
8 equipment which is compatible or adaptable for use in the
9 network.
10 (d) Identify additional sites for inclusion in the
11 network in the event that demand exceeds the capacity of the
12 initial network.
13 (e) Coordinate scheduling and encourage use of the
14 network.
15 (f) Develop operating procedures for the system and
16 recommend fee schedules for both public and private entities
17 wishing to transmit or receive programming through the
18 network. Scheduling procedures shall assign the highest
19 priority to educational programming.
20 (g) Provide training for institutional, state agency,
21 and other personnel in effective techniques for the use of the
22 network.
23 (h) Provide initial startup support for operations,
24 maintenance, and publicity costs of the network. Continuation
25 costs in these areas shall be recovered through user fees and
26 local resources.
27 (4) All audio components of this system that are not
28 transmitted simultaneously with video to a domestic satellite
29 shall be transmitted through common carriers regulated
30 pursuant to chapter 364.
31 (5) The State Board of Education may adopt any rules
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 necessary for the implementation of this section.
2 (6) This section shall be implemented only to the
3 extent specifically authorized and funded by law.
4 Section 34. Section 1001.28, Florida Statutes, is
5 created to read:
6 1001.28 Distance learning duties.--The duties of the
7 Department of Education concerning distance learning include,
8 but are not limited to, the duty to:
9 (1) Facilitate the implementation of a statewide
10 coordinated system and resource system for cost-efficient
11 advanced telecommunications services and distance education
12 which will increase overall student access to education.
13 (2) Coordinate the use of existing resources,
14 including, but not limited to, the state's satellite
15 transponders on the education satellites, the SUNCOM Network,
16 the Florida Information Resource Network (FIRN), the
17 Department of Management Services, the Department of
18 Corrections, and the Department of Children and Family
19 Services' satellite communication facilities to support a
20 statewide advanced telecommunications services and distance
21 learning network.
22 (3) Assist in the coordination of the utilization of
23 the production and uplink capabilities available through
24 Florida's public television stations, eligible facilities,
25 independent colleges and universities, private firms, and
26 others as needed.
27 (4) Seek the assistance and cooperation of Florida's
28 cable television providers in the implementation of the
29 statewide advanced telecommunications services and distance
30 learning network.
31 (5) Seek the assistance and cooperation of Florida's
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 telecommunications carriers to provide affordable student
2 access to advanced telecommunications services and to distance
3 learning.
4 (6) Coordinate partnerships for development,
5 acquisition, use, and distribution of distance learning.
6 (7) Secure and administer funding for programs and
7 activities for distance learning from federal, state, local,
8 and private sources and from fees derived from services and
9 materials.
10 (8) Manage the state's satellite transponder resources
11 and enter into lease agreements to maximize the use of
12 available transponder time. All net revenue realized through
13 the leasing of available transponder time, after deducting the
14 costs of performing the management function, shall be recycled
15 to support the public education distance learning in this
16 state based upon an allocation formula of one-third to the
17 Department of Education, one-third to community colleges, and
18 one-third to state universities.
19 (9) Hire appropriate staff which may include a
20 position that shall be exempt from part II of chapter 110 and
21 is included in the Senior Management Service in accordance
22 with s. 110.205.
23
24 Nothing in this section shall be construed to abrogate,
25 supersede, alter, or amend the powers and duties of any state
26 agency, district school board, community college board of
27 trustees, university board of trustees, or the State Board of
28 Education.
29 Section 35. Part II of chapter 1001, Florida Statutes,
30 shall be entitled "School District Governance" and shall
31 consist of ss. 1001.30-1001.55.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 36. Section 1001.30, Florida Statutes, is
2 created to read:
3 1001.30 District unit.--Each county shall constitute a
4 school district and shall be known as the school district of
5 .... County, Florida. Each district shall constitute a unit
6 for the control, organization, and administration of schools.
7 The responsibility for the actual operation and administration
8 of all schools needed within the districts in conformity with
9 rules and minimum standards prescribed by the state, and also
10 the responsibility for the provision of any desirable and
11 practicable opportunities authorized by law beyond those
12 required by the state, are delegated by law to the school
13 officials of the respective districts.
14 Section 37. Section 1001.31, Florida Statutes, is
15 created to read:
16 1001.31 Scope of district system.--A district school
17 system shall include all public schools, classes, and courses
18 of instruction and all services and activities directly
19 related to education in that district which are under the
20 direction of the district school officials. A district school
21 system may also include alternative site schools for
22 disruptive or violent youth. Such schools for disruptive or
23 violent youth may be funded by each district or provided
24 through cooperative programs administered by a consortium of
25 school districts, private providers, state and local law
26 enforcement agencies, and the Department of Juvenile Justice.
27 Pursuant to cooperative agreement, a district school system
28 shall provide instructional personnel at juvenile justice
29 facilities of 50 or more beds or slots with access to the
30 district school system database for the purpose of accessing
31 student academic, immunization, and registration records for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 students assigned to the programs. Such access shall be in the
2 same manner as provided to other schools in the district.
3 Section 38. Section 1001.32, Florida Statutes, is
4 created to read:
5 1001.32 Management, control, operation,
6 administration, and supervision.--The district school system
7 must be managed, controlled, operated, administered, and
8 supervised as follows:
9 (1) DISTRICT SYSTEM.--The district school system shall
10 be considered as a part of the state system of public
11 education. All actions of district school officials shall be
12 consistent and in harmony with state laws and with rules and
13 minimum standards of the state board and the commissioner.
14 District school officials, however, shall have the authority
15 to provide additional educational opportunities, as desired,
16 which are authorized, but not required, by law or by the
17 district school board.
18 (2) DISTRICT SCHOOL BOARD.--In accordance with the
19 provisions of s. 4(b) of Art. IX of the State Constitution,
20 district school boards shall operate, control, and supervise
21 all free public schools in their respective districts and may
22 exercise any power except as expressly prohibited by the State
23 Constitution or general law.
24 (3) DISTRICT SCHOOL SUPERINTENDENT.--Responsibility
25 for the administration and management of the schools and for
26 the supervision of instruction in the district shall be vested
27 in the district school superintendent as the secretary and
28 executive officer of the district school board, as provided by
29 law.
30 (4) SCHOOL PRINCIPAL OR HEAD OF
31 SCHOOL.--Responsibility for the administration of any school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or schools at a given school center, for the supervision of
2 instruction therein, and for providing leadership in the
3 development or revision and implementation of a school
4 improvement plan required pursuant to s. 1001.42(16) shall be
5 delegated to the school principal or head of the school or
6 schools in accordance with rules established by the district
7 school board.
8 Section 39. Section 1001.33, Florida Statutes, is
9 created to read:
10 1001.33 Schools under control of district school board
11 and district school superintendent.--Except as otherwise
12 provided by law, all public schools conducted within the
13 district shall be under the direction and control of the
14 district school board with the district school superintendent
15 as executive officer.
16 Section 40. Part II.a. of chapter 1001, Florida
17 Statutes, shall be entitled "District School Boards" and shall
18 consist of ss. 1001.34-1001.453.
19 Section 41. Section 1001.34, Florida Statutes, is
20 created to read:
21 1001.34 Membership of district school board.--Each
22 district school board shall be composed of not less than five
23 members. Each member of the district school board shall be a
24 qualified elector of the district in which she or he serves,
25 shall be a resident of the district school board member
26 residence area from which she or he is elected, and shall
27 maintain said residency throughout her or his term of office.
28 Section 42. Section 1001.35, Florida Statutes, is
29 created to read:
30 1001.35 Term of office.--District school board members
31 shall be elected at the general election in November for terms
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of 4 years.
2 Section 43. Section 1001.36, Florida Statutes, is
3 created to read:
4 1001.36 District school board member residence
5 areas.--
6 (1) For the purpose of electing district school board
7 members, each district shall be divided into at least five
8 district school board member residence areas, which shall be
9 numbered one to five, inclusive, and which shall, as nearly as
10 practicable, be equal in population.
11 (a) For those school districts, which have seven
12 district school board members, the district may be divided
13 into five district school board member residence areas, with
14 two district school board members elected at large, or the
15 district may be divided into seven district school board
16 member residence areas. In the latter case, the residence
17 areas shall be numbered one to seven inclusive and shall be
18 equal in population as nearly as practicable.
19 (b) For those school districts which have seven
20 district school board members, the number of district school
21 board member residence areas shall be determined by resolution
22 passed by a majority vote of the district school board.
23 (2) Any district school board may make any change that
24 it deems necessary in the boundaries of any district school
25 board member residence area at any meeting of the district
26 school board, provided that such changes shall be made only in
27 odd-numbered years and that no change that would affect the
28 residence qualifications of any incumbent member shall
29 disqualify such incumbent member during the term for which he
30 or she is elected.
31 (3) Such changes in boundaries shall be shown by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 resolutions spread upon the minutes of the district school
2 board, shall be recorded in the office of the clerk of the
3 circuit court, and shall be published at least once in a
4 newspaper published in the district within 30 days after the
5 adoption of the resolution, or, if there be no newspaper
6 published in the district, shall be posted at the county
7 courthouse door for 4 weeks thereafter. A certified copy of
8 this resolution shall be transmitted to the Department of
9 State.
10 Section 44. Section 1001.361, Florida Statutes, is
11 created to read:
12 1001.361 Election of board by districtwide
13 vote.--Notwithstanding any provision of local law or any
14 county charter, the election of members of the district school
15 board shall be by vote of the qualified electors of the entire
16 district in a nonpartisan election as provided in chapter 105.
17 Each candidate for district school board member shall, at the
18 time she or he qualifies, be a resident of the district school
19 board member residence area from which the candidate seeks
20 election. Each candidate who qualifies to have her or his name
21 placed on the ballot shall be listed according to the district
22 school board member residence area in which she or he resides.
23 Each qualified elector of the district shall be entitled to
24 vote for one candidate from each district school board member
25 residence area. The candidate from each district school board
26 member residence area who receives the highest number of votes
27 in the general election shall be elected to the district
28 school board.
29 Section 45. Section 1001.362, Florida Statutes, is
30 created to read:
31 1001.362 Alternate procedure for the election of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district school board members to provide for single-member
2 representation.--
3 (1) This section shall be known and may be referred to
4 as "The School District Local Option Single-Member
5 Representation Law of 1984."
6 (2) District school board members shall be elected to
7 office in accordance with the provisions of ss. 1001.36 and
8 1001.361, or as otherwise provided by law, unless a
9 proposition calling for single-member representation within
10 the residence areas of the district is submitted to and
11 approved by a majority of the qualified electors voting on
12 such proposition in the manner provided in subsection (3).
13 (a) If the district school board is composed of five
14 members, such proposition shall provide that the five members
15 shall reside one in each of five residence areas, the areas
16 together covering the entire district and as nearly equal in
17 population as practicable, pursuant to s. 1001.36, each of
18 whom shall be elected only by the qualified electors who
19 reside in the same residence area as the member.
20 (b) If the district school board is composed of seven
21 members, at the option of the school board, such proposition
22 shall provide that:
23 1. Five of the seven members shall reside one in each
24 of five residence areas, the areas together covering the
25 entire district and as nearly equal in population as
26 practicable, pursuant to s. 1001.36, each of whom shall be
27 elected only by the qualified electors who reside in the same
28 residence area as the member, and two of the seven members
29 shall be elected at large; or
30 2. All seven members shall reside one in each of seven
31 residence areas, the areas together covering the entire
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district and as nearly equal in population as practicable,
2 pursuant to s. 1001.36, each of whom shall be elected only by
3 the qualified electors who reside in the same residence area
4 as the member.
5 (c) All members shall be elected for 4-year terms, but
6 such terms shall be staggered so that, alternately, one more
7 or one less than half of the members elected from residence
8 areas and, if applicable, one of the members elected at large
9 from the entire district are elected every 2 years. Any
10 member may be elected to an initial term of less than 4 years
11 if necessary to achieve or maintain such system of staggered
12 terms.
13 (3) A proposition calling for single-member
14 representation within the residence areas of the district
15 shall be submitted to the electors of the district at any
16 primary, general, or otherwise-called special election, in
17 either manner following:
18 (a) The district school board may adopt a formal
19 resolution directing an election to be held to place the
20 proposition on the ballot.
21 (b) The electors of the school district may petition
22 to have the proposition placed on the ballot by presenting to
23 the school board petitions signed by not less than 10 percent
24 of the duly qualified electors residing within the school
25 district. The number of signatures required shall be
26 determined by the supervisor of elections according to the
27 number of registered electors in the district as of the date
28 the petitioning electors register as a political committee as
29 provided in subsection (4).
30 (4) The electors petitioning to have the proposition
31 placed on the ballot shall register as a political committee
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pursuant to s. 106.03, and a specific person shall be
2 designated therein as chair of the committee to act for the
3 committee.
4 (5)(a) Each petition form circulated for single-member
5 representation within the residence areas of a district where
6 the school board is composed of five members shall include the
7 wording: "As a registered elector of the school district of
8 .... County, Florida, I am petitioning for a referendum
9 election to determine whether the five school board members of
10 said district shall be elected from single-member residence
11 areas by electors residing in each of those areas only."
12 (b) Each petition form circulated for single-member
13 representation within the residence areas of a district where
14 the district school board is composed of seven members, none
15 of whom are to be elected at large, shall include the wording:
16 "As a registered elector of the school district of ....
17 County, Florida, I am petitioning for a referendum election to
18 determine whether the seven members of said district shall be
19 elected from single-member residence areas by electors
20 residing in each of those areas only."
21 (c) Each petition form circulated for single-member
22 representation within the residence areas of a district where
23 the school board is composed of seven members, two of whom are
24 to be elected at large, shall include the wording: "As a
25 registered elector of the school district of .... County,
26 Florida, I am petitioning for a referendum election to
27 determine whether five of the seven district school board
28 members of said district shall be elected from single-member
29 residence areas by electors residing in each of those areas
30 only, with the two remaining members being elected at large."
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 The petition shall also include space for the signature and
2 address of the elector. Each signature obtained shall be
3 dated when made and is valid for a period of 4 years following
4 that date.
5 (6) Upon the filing of the petitions with the district
6 school board by the chair of the committee, the district
7 school board shall submit the petitions to the supervisor of
8 elections for verification of the signatures. Within a period
9 of not more than 30 days, the supervisor of elections shall
10 determine whether the petitions contain the required number of
11 valid signatures. The supervisor of elections shall be paid
12 by the committee seeking verification the sum of 10 cents for
13 each name checked.
14 (7) If it is determined that the petitions have the
15 required signatures, the supervisor of elections shall certify
16 the petitions to the district school board, which shall adopt
17 a resolution requesting that an election date be set to
18 conform to the earliest primary, general, or otherwise-called
19 special election that occurs not less than 30 days after
20 certification of the petitions. If it is determined that the
21 petitions do not contain the required signatures, the
22 supervisor of elections shall so notify the district school
23 board, which shall file the petitions without taking further
24 action, and the matter shall be at an end. No additional names
25 may be added to the petitions, and the petitions may not be
26 used in any other proceeding.
27 (8) No special election may be called for the sole
28 purpose of presenting the proposition to the vote of the
29 electors.
30 (9) Any district adopting any of the propositions set
31 forth in this section may thereafter return to the procedures
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 otherwise provided by law by following the same procedure
2 outlined in subsection (3).
3 (10) No district school board member elected prior to
4 or at the election that approves any revision as permitted
5 herein shall be affected in his or her term of office. The
6 resolution adopted by the district school board under
7 paragraph (3)(a) or subsection (7) which presents the proposed
8 revision to the electorate for approval shall specify an
9 orderly method and procedure for implementing the revision
10 contemplated in the resolution.
11 Section 46. Section 1001.363, Florida Statutes, is
12 created to read:
13 1001.363 District school board members to represent
14 entire district.--Each district school board of each district
15 shall represent the entire district. Each member of the
16 district school board shall serve as the representative of the
17 entire district, rather than as the representative of a
18 district school board member residence area.
19 Section 47. Section 1001.37, Florida Statutes, is
20 created to read:
21 1001.37 District school board members shall
22 qualify.--Before entering upon the duties of office after
23 being elected, or, if appointed, within 10 days after
24 receiving notice of appointment, each member of the district
25 school board shall take the prescribed oath of office.
26 Section 48. Section 1001.371, Florida Statutes, is
27 created to read:
28 1001.371 Organization of district school board.--On
29 the third Tuesday after the first Monday in November of each
30 year, the district school board shall organize by electing a
31 chair. It may elect a vice chair, and the district school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 superintendent shall act ex officio as the secretary. If a
2 vacancy should occur in the position of chair, the district
3 school board shall proceed to elect a chair at the next
4 ensuing regular or special meeting. At the organization
5 meeting, the district school superintendent shall act as chair
6 until the organization is completed. The chair and secretary
7 shall then make and sign a copy of the proceedings of
8 organization, including the schedule for regular meetings and
9 the names and addresses of all district school officers, and
10 annex their affidavits that the same is a true and correct
11 copy of the original, and the secretary shall file the
12 document within 2 weeks with the Department of Education.
13 Section 49. Section 1001.372, Florida Statutes, is
14 created to read:
15 1001.372 District school board meetings.--
16 (1) REGULAR AND SPECIAL MEETINGS.--The district school
17 board shall hold not less than one regular meeting each month
18 for the transaction of business according to a schedule
19 arranged by the district school board and shall convene in
20 special sessions when called by the district school
21 superintendent or by the district school superintendent on
22 request of the chair of the district school board, or on
23 request of a majority of the members of the district school
24 board; provided that actions taken at special meetings shall
25 have the same force and effect as if taken at a regular
26 meeting; and provided further that in the event the district
27 school superintendent should fail to call a special meeting
28 when requested to do so, as prescribed herein, such a meeting
29 may be called by the chair of the district school board or by
30 a majority of the members of the district school board by
31 giving 2 days' written notice of the time and purpose of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 meeting to all members and to the district school
2 superintendent, in which event the minutes of the meeting
3 shall set forth the facts regarding the procedure in calling
4 the meeting and the reason therefor and shall be signed either
5 by the chair or by a majority of the members of the district
6 school board.
7 (2) PLACE OF MEETINGS.--
8 (a) Except as provided in paragraph (b), all regular
9 and special meetings of the district school board shall be
10 held in the office of the district school superintendent or in
11 a room convenient to that office and regularly designated as
12 the district school board meeting room.
13 (b) Upon the giving of due public notice, regular or
14 special meetings of the district school board may be held at
15 any appropriate public place in the county.
16 (c) For purpose of this section, due public notice
17 shall consist of publication in a newspaper of general
18 circulation in the county or in each county where there is no
19 newspaper of general circulation in the county an announcement
20 over at least one radio station whose signal is generally
21 received in the county, a reasonable number of times daily
22 during the 48 hours immediately preceding the date of such
23 meeting, or by posting a notice at the courthouse door if no
24 newspaper is published in the county, at least 2 days prior to
25 the meeting.
26 (3) REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The
27 presiding officer of any district school board may order the
28 removal, from a public meeting held by the district school
29 board, of any person interfering with the expeditious or
30 orderly process of such meeting, provided such officer has
31 first issued a warning that continued interference with the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 orderly processes of the meeting will result in removal. Any
2 law enforcement authority or a sergeant-at-arms designated by
3 the officer shall remove any person ordered removed pursuant
4 to this section.
5 (4) MAJORITY A QUORUM.--A majority shall constitute a
6 quorum for any meeting of the district school board. No
7 business may be transacted at any meeting unless a quorum is
8 present, except that a minority of the district school board
9 may adjourn the meeting from time to time until a quorum is
10 present.
11 Section 50. Section 1001.38, Florida Statutes, is
12 created to read:
13 1001.38 Vacancies; how filled.--The office of any
14 district school board member shall be vacant when the member
15 removes his or her residence from the district school board
16 member residence area from which he or she was elected. All
17 vacancies on the district school board shall be filled by
18 appointment by the Governor.
19 Section 51. Section 1001.39, Florida Statutes, is
20 created to read:
21 1001.39 District school board members; travel
22 expenses.--
23 (1) In addition to the salary provided in s. 1001.395,
24 each member of a district school board shall be allowed, from
25 the district school fund, reimbursement of travel expenses as
26 authorized in s. 112.061, except as provided in subsection
27 (2). Any travel outside the district shall also be governed
28 by the rules of the State Board of Education.
29 (2) Each district school board may reimburse a
30 district school board member for travel expenses for travel
31 from the member's residence incurred in the performance of a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 public purpose authorized by law to be performed by the
2 district school board, including, but not limited to,
3 attendance at regular and special board meetings. Mileage
4 allowance in the amount provided by law for reimbursement of
5 travel expenses, when authorized, shall be computed from the
6 member's place of residence to the place of the meeting or
7 function and return.
8 Section 52. Effective upon this act becoming a law,
9 section 1001.395, Florida Statutes, is created to read:
10 1001.395 District school board members;
11 compensation.--
12 (1) Each district school board shall annually
13 determine the salary of its members at the first regular
14 meeting following the organizational meeting held pursuant to
15 s. 1001.371. The salary shall be set at any amount up to but
16 not more than the lowest entry-level bachelor's degree step on
17 the teacher pay scale in the district. The proposed salary to
18 be adopted shall be noticed at the time of the meeting notice
19 and shall not be increased during the meeting. The salary
20 adopted by the district school board shall be in effect during
21 the succeeding 12 months.
22 (2) This section shall apply to any district school
23 board member elected or reelected at the November 2002 general
24 election or any subsequent general election and to any person
25 appointed to fill a vacancy in the office of any such member.
26 Section 53. Section 1001.40, Florida Statutes, is
27 created to read:
28 1001.40 District school board to constitute a
29 corporation.--The governing body of each school district shall
30 be a district school board. Each district school board is
31 constituted a body corporate by the name of "The School Board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of .... County, Florida." In all suits against district
2 school boards, service of process shall be had on the chair of
3 the district school board or, if he or she cannot be found, on
4 the district school superintendent as executive officer of the
5 district school board or, in the absence of the chair and the
6 district school superintendent, on another member of the
7 district school board.
8 Section 54. Section 1001.41, Florida Statutes, is
9 created to read:
10 1001.41 General powers of district school board.--The
11 district school board, after considering recommendations
12 submitted by the district school superintendent, shall
13 exercise the following general powers:
14 (1) Determine policies and programs consistent with
15 state law and rule deemed necessary by it for the efficient
16 operation and general improvement of the district school
17 system.
18 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54
19 to implement the provisions of law conferring duties upon it
20 to supplement those prescribed by the State Board of Education
21 and the Commissioner of Education.
22 (3) Prescribe and adopt standards as are considered
23 desirable by it for improving the district school system.
24 (4) Contract, sue, and be sued. The district school
25 board shall constitute the contracting agent for the district
26 school system.
27 (5) Perform duties and exercise those responsibilities
28 that are assigned to it by law or by rules of the State Board
29 of Education or the Commissioner of Education and, in addition
30 thereto, those that it may find to be necessary for the
31 improvement of the district school system in carrying out the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purposes and objectives of the education code.
2 (6) Assign students to schools.
3 (7) Enter into agreements for accepting credit card,
4 charge card, and debit card payments as compensation for
5 goods, services, tuition, and fees, as authorized by law.
6 Section 55. Section 1001.42, Florida Statutes, is
7 created to read:
8 1001.42 Powers and duties of district school
9 board.--The district school board, acting as a board, shall
10 exercise all powers and perform all duties listed below:
11 (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require
12 the district school superintendent, as secretary, to keep such
13 minutes and records as are necessary to set forth clearly all
14 actions and proceedings of the school board.
15 (a) Minutes, recording.--The minutes of each meeting
16 shall be reviewed, corrected if necessary, and approved at the
17 next regular meeting, provided that this action may be taken
18 at an intervening special meeting if the district school board
19 desires. The minutes shall be kept as a public record in a
20 permanent location.
21 (b) Minutes, contents.--The minutes shall show the
22 vote of each member present on all matters on which the
23 district school board takes action. It shall be the duty of
24 each member to see to it that both the matter and his or her
25 vote thereon are properly recorded in the minutes. Unless
26 otherwise shown by the minutes, it shall be presumed that the
27 vote of each member present supported any action taken by the
28 district school board in either the exercise of, violation of,
29 or neglect of the powers and duties imposed upon the district
30 school board by law or rule, whether such action is recorded
31 in the minutes or is otherwise established. It shall also be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 presumed that the policies, appointments, programs, and
2 expenditures not recorded in the minutes but made and actually
3 in effect in the district school system were made and put into
4 effect at the direction of the district school board, unless
5 it can be shown that they were done without the actual or
6 constructive knowledge of the members of the district school
7 board.
8 (2) CONTROL PROPERTY.--Subject to rules of the State
9 Board of Education, control property and convey the title to
10 real and personal property.
11 (3) ADOPT SCHOOL PROGRAM.--Adopt a school program for
12 the entire school district.
13 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
14 SCHOOLS.--Adopt and provide for the execution of plans for the
15 establishment, organization, and operation of the schools of
16 the district, including, but not limited to, the following:
17 (a) Schools and enrollment plans.--Establish schools
18 and adopt enrollment plans that may include school attendance
19 areas and open enrollment provisions.
20 (b) Elimination of school centers and consolidation of
21 schools.--Provide for the elimination of school centers and
22 the consolidation of schools.
23 (c) Adequate educational facilities for all children
24 without tuition.--Provide adequate educational facilities for
25 all children without payment of tuition.
26 (d) Cooperate with school boards of adjoining
27 districts in maintaining schools.--Approve plans for
28 cooperating with school boards of adjoining districts in this
29 state or in adjoining states for establishing school
30 attendance areas composed of territory lying within the
31 districts and for the joint maintenance of district-line
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1 schools or other schools which are to serve those attendance
2 areas. The conditions of such cooperation shall be as
3 follows:
4 1. Establishment.--The establishment of a school to
5 serve attendance areas lying in more than one district and the
6 plans for maintaining the school and providing educational
7 services to students shall be effected by annual resolutions
8 spread upon the minutes of each district school board
9 concerned, which resolutions shall set out the territorial
10 limits of the areas from which children are to attend the
11 school and the plan to be followed in maintaining and
12 operating the school.
13 2. Control.--Control of the school or schools involved
14 shall be vested in the district school board of the district
15 in which the school or schools are located unless otherwise
16 agreed by the district school boards.
17 3. Settlement of disagreements.--In the event an
18 agreement cannot be reached relating to such attendance areas
19 or to the school or schools therein, the matter may be
20 referred jointly by the cooperating district school boards or
21 by either district school board to the Department of Education
22 for decision under rules of the State Board of Education, and
23 its decision shall be binding on both school boards.
24 (e) Classification and standardization of
25 schools.--Provide for the classification and standardization
26 of schools.
27 (f) Opening and closing of schools; fixing uniform
28 date.--Adopt policies for the opening and closing of schools
29 and fix uniform dates.
30 (g) Observance of school holidays and vacation
31 periods.--Designate the observance of school holidays and
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1 vacation periods.
2 (h) Career and technical classes and schools.--Provide
3 for the establishment and maintenance of career and technical
4 schools, departments, or classes, giving instruction in career
5 and technical education as defined by rules of the State Board
6 of Education, and use any moneys raised by public taxation in
7 the same manner as moneys for other school purposes are used
8 for the maintenance and support of public schools or classes.
9 (i) District school boards may establish public
10 evening schools.--Have the authority to establish public
11 evening schools.
12 (j) Cooperate with other agencies in joint
13 projects.--Cooperate with other agencies in joint projects.
14 (k) Planning time for teachers.--May adopt rules for
15 planning time for teachers in accordance with the provisions
16 of chapter 1012.
17 (l) Exceptional students.--Provide for an appropriate
18 program of special instruction, facilities, and services for
19 exceptional students as prescribed by the State Board of
20 Education as acceptable in accordance with the provisions of
21 s. 1003.57.
22 (m) Alternative education programs for students in
23 residential care facilities.--Provide, in accordance with the
24 provisions of chapter 1006, educational programs according to
25 rules of the State Board of Education to students who reside
26 in residential care facilities operated by the Department of
27 Children and Family Services.
28 (n) Educational services in detention facilities.--In
29 accordance with the provisions of chapter 1006, offer services
30 to students in detention facilities.
31 (5) PERSONNEL.--Designate positions to be filled,
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1 prescribe qualifications for those positions, and provide for
2 the appointment, compensation, promotion, suspension, and
3 dismissal of employees, subject to the requirements of chapter
4 1012. Notwithstanding s. 1012.55 or any other provision of law
5 or rule to the contrary, the district school board may,
6 consistent with adopted district school board policy relating
7 to alternative certification for school principals, appoint
8 persons to the position of school principal who do not hold
9 educator certification.
10 (6) CHILD WELFARE.--In accordance with the provisions
11 of chapters 1003 and 1006, provide for the proper accounting
12 for all children of school age, for the attendance and control
13 of students at school, and for proper attention to health,
14 safety, and other matters relating to the welfare of children.
15 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL
16 MATERIALS.--Provide adequate instructional materials for all
17 students in accordance with the requirements of chapter 1006.
18 (8) TRANSPORTATION OF STUDENTS.--After considering
19 recommendations of the district school superintendent, make
20 provision for the transportation of students to the public
21 schools or school activities they are required or expected to
22 attend; authorize transportation routes arranged efficiently
23 and economically; provide the necessary transportation
24 facilities, and, when authorized under rules of the State
25 Board of Education and if more economical to do so, provide
26 limited subsistence in lieu thereof; and adopt the necessary
27 rules and regulations to ensure safety, economy, and
28 efficiency in the operation of all buses, as prescribed in
29 chapter 1006.
30 (9) SCHOOL PLANT.--Approve plans for locating,
31 planning, constructing, sanitating, insuring, maintaining,
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1 protecting, and condemning school property as prescribed in
2 chapter 1013 and as follows:
3 (a) School building program.--Approve and adopt a
4 districtwide school building program.
5 (b) Sites, buildings, and equipment.--
6 1. Select and purchase school sites, playgrounds, and
7 recreational areas located at centers at which schools are to
8 be constructed, of adequate size to meet the needs of
9 projected students to be accommodated.
10 2. Approve the proposed purchase of any site,
11 playground, or recreational area for which district funds are
12 to be used.
13 3. Expand existing sites.
14 4. Rent buildings when necessary.
15 5. Enter into leases or lease-purchase arrangements,
16 in accordance with the requirements and conditions provided in
17 s. 1013.15(2), with private individuals or corporations for
18 the rental of necessary grounds and educational facilities for
19 school purposes or of educational facilities to be erected for
20 school purposes. Current or other funds authorized by law may
21 be used to make payments under a lease-purchase agreement.
22 Notwithstanding any other statutes, if the rental is to be
23 paid from funds received from ad valorem taxation and the
24 agreement is for a period greater than 12 months, an approving
25 referendum must be held. The provisions of such contracts,
26 including building plans, shall be subject to approval by the
27 Department of Education, and no such contract shall be entered
28 into without such approval. As used in this section,
29 "educational facilities" means the buildings and equipment
30 that are built, installed, or established to serve educational
31 purposes and that may lawfully be used. The State Board of
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1 Education may adopt such rules as are necessary to implement
2 these provisions.
3 6. Provide for the proper supervision of construction.
4 7. Make or contract for additions, alterations, and
5 repairs on buildings and other school properties.
6 8. Ensure that all plans and specifications for
7 buildings provide adequately for the safety and well-being of
8 students, as well as for economy of construction.
9 (c) Maintenance and upkeep of school plant.--Provide
10 adequately for the proper maintenance and upkeep of school
11 plants, so that students may attend school without sanitary or
12 physical hazards, and provide for the necessary heat, lights,
13 water, power, and other supplies and utilities necessary for
14 the operation of the schools.
15 (d) Insurance of school property.--Carry insurance on
16 every school building in all school plants including contents,
17 boilers, and machinery, except buildings of three classrooms
18 or less that are of frame construction and located in a tenth
19 class public protection zone as defined by the Florida
20 Inspection and Rating Bureau, and on all school buses and
21 other property under the control of the district school board
22 or title to which is vested in the district school board,
23 except as exceptions may be authorized under rules of the
24 State Board of Education.
25 (e) Condemnation of buildings.--Condemn and prohibit
26 the use for public school purposes of any building that can be
27 shown for sanitary or other reasons to be no longer suitable
28 for such use and, when any building is condemned by any state
29 or other government agency as authorized in chapter 1013, see
30 that it is no longer used for school purposes.
31 (10) FINANCE.--Take steps to assure students adequate
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1 educational facilities through the financial procedure
2 authorized in chapters 1010 and 1011 and as prescribed below:
3 (a) Provide for all schools to operate at least 180
4 days.--Provide for the operation of all public schools, both
5 elementary and secondary, as free schools for a term of at
6 least 180 days or the equivalent on an hourly basis as
7 specified by rules of the State Board of Education; determine
8 district school funds necessary in addition to state funds to
9 operate all schools for such minimum term; and arrange for the
10 levying of district school taxes necessary to provide the
11 amount needed from district sources.
12 (b) Annual budget.--Cause to be prepared, adopt, and
13 have submitted to the Department of Education as required by
14 law and rules of the State Board of Education, the annual
15 school budget, such budget to be so prepared and executed as
16 to promote the improvement of the district school system.
17 (c) Tax levies.--Adopt and spread on its minutes a
18 resolution fixing the district school tax levy, provided for
19 under s. 9, Art. VII of the State Constitution, necessary to
20 carry on the school program adopted for the district for the
21 next ensuing fiscal year as required by law, and fixing the
22 district bond interest and sinking fund tax levy necessary for
23 districts against which bonds are outstanding; and adopt and
24 spread on its minutes a resolution suggesting the tax levy
25 provided for in s. 9, Art. VII of the State Constitution,
26 found necessary to carry on the school program adopted for the
27 district for the next ensuing fiscal year.
28 (d) School funds.--Require that an accurate account is
29 kept of all funds that should be transmitted to the district
30 school board for school purposes at various periods during the
31 year from all sources and, if any funds are not transmitted
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1 promptly, take the necessary steps to have such funds made
2 available.
3 (e) Borrow money.--Borrow money, as prescribed in ss.
4 1011.12-1011.16, when necessary in anticipation of funds
5 reasonably to be expected during the year as shown by the
6 budget.
7 (f) Financial records and accounts.--Provide for
8 keeping of accurate records of all financial transactions.
9 (g) Approval and payment of accounts.--Implement a
10 system of accounting and budgetary control to ensure that
11 payments do not exceed amounts budgeted, as required by law;
12 make available all records for proper audit by state officials
13 or independent certified public accountants; and have prepared
14 required periodic statements to be filed with the Department
15 of Education as provided by rules of the State Board of
16 Education.
17 (h) Bonds of employees.--Fix and prescribe the bonds,
18 and pay the premium on all such bonds, of all school employees
19 who are responsible for school funds in order to provide
20 reasonable safeguards for all such funds or property.
21 (i) Contracts for materials, supplies, and
22 services.--Contract for materials, supplies, and services
23 needed for the district school system. No contract for
24 supplying these needs shall be made with any member of the
25 district school board, with the district school
26 superintendent, or with any business organization in which any
27 district school board member or the district school
28 superintendent has any financial interest whatsoever.
29 (j) Purchasing regulations to be secured from
30 Department of Management Services.--Secure purchasing
31 regulations and amendments and changes thereto from the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Department of Management Services and prior to any purchase
2 have reported to it by its staff, and give consideration to
3 the lowest price available to it under such regulations,
4 provided a regulation applicable to the item or items being
5 purchased has been adopted by the department. The department
6 should meet with educational administrators to expand the
7 inventory of standard items for common usage in all schools
8 and postsecondary educational institutions.
9 (k) Protection against loss.--Provide for adequate
10 protection against any loss or damage to school property or
11 loss resulting from any liability for which the district
12 school board or its officers, agents, or employees may be
13 responsible under law. In fulfilling this responsibility, the
14 district school board may purchase insurance, to be
15 self-insured, to enter into risk management programs managed
16 by district school boards, school-related associations, or
17 insurance companies, or to have any combination thereof in any
18 area to the extent the district school board is either
19 authorized or required by law to contract for insurance. Any
20 risk management program entered into pursuant to this
21 subsection shall provide for strict accountability of all
22 funds to the member district school boards and an annual audit
23 by an independent certified public accountant of all receipts
24 and disbursements.
25 (l) Internal auditor.--May employ an internal auditor
26 to perform ongoing financial verification of the financial
27 records of the school district. The internal auditor shall
28 report directly to the district school board or its designee.
29 (m) Financial and performance audits.--In addition to
30 the audits required by ss. 11.45 and 218.39, may contract with
31 an independent certified public accountant to conduct a
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1 financial or performance audit of its accounts and records
2 retained by it and paid from its public funds.
3 (11) RECORDS AND REPORTS.--Provide for the keeping of
4 all necessary records and the making of all needed or required
5 reports, as follows:
6 (a) Forms, blanks, and reports.--Require all employees
7 to keep accurately all records and to make promptly in the
8 proper form all reports required by law or by rules of the
9 State Board of Education.
10 (b) Reports to the department.--Require that the
11 district school superintendent prepare all reports to the
12 Department of Education that may be required by law or rules
13 of the State Board of Education; see that all such reports are
14 promptly transmitted to the department; withhold the further
15 payment of salary to the superintendent or employee when
16 notified by the department that he or she has failed to file
17 any report within the time or in the manner prescribed; and
18 continue to withhold the salary until the district school
19 board is notified by the department that such report has been
20 received and accepted, provided that when any report has not
21 been received by the date due and after due notice has been
22 given to the district school board of that fact, the
23 department, if it deems necessary, may require the report to
24 be prepared by a member of its staff, and the district school
25 board shall pay all expenses connected therewith. Any member
26 of the district school board who is responsible for the
27 violation of this provision is subject to suspension and
28 removal.
29 (c) Reports to parents.--Require that, at regular
30 intervals, reports are made by school principals or teachers
31 to parents, apprising them of the progress being made by the
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1 students in their studies and giving other needful
2 information.
3 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
4 BOARDS.--May establish and participate in educational
5 consortia that are designed to provide joint programs and
6 services to cooperating school districts, consistent with the
7 provisions of s. 4(b), Art. IX of the State Constitution. The
8 State Board of Education shall adopt rules providing for the
9 establishment, funding, administration, and operation of such
10 consortia.
11 (13) ENFORCEMENT OF LAW AND RULES.--Require that all
12 laws and rules of the State Board of Education or of the
13 district school board are properly enforced.
14 (14) SCHOOL LUNCH PROGRAM.--Assume such
15 responsibilities and exercise such powers and perform such
16 duties as may be assigned to it by law or as may be required
17 by rules of the State Board of Education or, as in the opinion
18 of the district school board, are necessary to ensure school
19 lunch services, consistent with needs of students; effective
20 and efficient operation of the program; and the proper
21 articulation of the school lunch program with other phases of
22 education in the district.
23 (15) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT
24 PROGRAM.--
25 (a) Adopt procedures whereby the general public can be
26 adequately informed of the educational programs, needs, and
27 objectives of public education within the district, including
28 educational opportunities available through the Florida
29 Virtual School.
30 (b) Encourage teachers and administrators to keep
31 parents informed of student progress, student programs,
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 student attendance requirements pursuant to ss. 1003.26,
2 1003.27, 414.1251, and 984.151, and availability of resources
3 for academic assistance.
4 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
5 ACCOUNTABILITY.--Maintain a system of school improvement and
6 education accountability as provided by statute and State
7 Board of Education rule. This system of school improvement and
8 education accountability shall be consistent with, and
9 implemented through, the district's continuing system of
10 planning and budgeting required by this section and ss.
11 1008.385, 1010.01, and 1011.01. This system of school
12 improvement and education accountability shall include, but is
13 not limited to, the following:
14 (a) School improvement plans.--Annually approve and
15 require implementation of a new, amended, or continuation
16 school improvement plan for each school in the district,
17 except that a district school board may establish a district
18 school improvement plan that includes all schools in the
19 district operating for the purpose of providing educational
20 services to youth in Department of Juvenile Justice programs.
21 Such plan shall be designed to achieve the state education
22 priorities pursuant to s. 1000.03(5) and student performance
23 standards. Each plan shall also address issues relative to
24 budget, training, instructional materials, technology,
25 staffing, student support services, specific school safety and
26 discipline strategies, and other matters of resource
27 allocation, as determined by district school board policy, and
28 shall be based on an analysis of student achievement and other
29 school performance data.
30 (b) Approval process.--Develop a process for approval
31 of a school improvement plan presented by an individual school
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Amendment No. ___ (for drafter's use only)
1 and its advisory council. In the event a district school board
2 does not approve a school improvement plan after exhausting
3 this process, the Department of Education shall be notified of
4 the need for assistance.
5 (c) Assistance and intervention.--
6 1. Develop a 2-year plan of increasing individualized
7 assistance and intervention for each school in danger of not
8 meeting state standards or making adequate progress, as
9 defined pursuant to statute and State Board of Education rule,
10 toward meeting the goals and standards of its approved school
11 improvement plan.
12 2. Provide assistance and intervention to a school
13 that is identified as being in performance grade category "D"
14 pursuant to s. 1008.34 and is in danger of failing.
15 3. Develop a plan to encourage teachers with
16 demonstrated mastery in improving student performance to
17 remain at or transfer to a school designated as performance
18 grade category "D" or "F" or to an alternative school that
19 serves disruptive or violent youths. If a classroom teacher,
20 as defined by s. 1012.01(2)(a), who meets the definition of
21 teaching mastery developed according to the provisions of this
22 paragraph, requests assignment to a school designated as
23 performance grade category "D" or "F" or to an alternative
24 school that serves disruptive or violent youths, the district
25 school board shall make every practical effort to grant the
26 request.
27 4. Prioritize, to the extent possible, the
28 expenditures of funds received from the supplemental academic
29 instruction categorical fund under s. 1011.62(1)(f) to improve
30 student performance in schools that receive a performance
31 grade category designation of "D" or "F."
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1 (d) After 2 years.--Notify the Commissioner of
2 Education and the State Board of Education in the event any
3 school does not make adequate progress toward meeting the
4 goals and standards of a school improvement plan by the end of
5 2 years of failing to make adequate progress and proceed
6 according to guidelines developed pursuant to statute and
7 State Board of Education rule. School districts shall provide
8 intervention and assistance to schools in danger of being
9 designated as performance grade category "F," failing to make
10 adequate progress.
11 (e) Public disclosure.--Provide information regarding
12 performance of students and educational programs as required
13 pursuant to ss. 1008.385 and 1008.22 and implement a system of
14 school reports as required by statute and State Board of
15 Education rule that shall include schools operating for the
16 purpose of providing educational services to youth in
17 Department of Juvenile Justice programs, and for those
18 schools, report on the elements specified in s. 1003.52(20).
19 Annual public disclosure reports shall be in an easy-to-read
20 report card format and shall include the school's student and
21 school performance grade category designation and performance
22 data as specified in state board rule.
23 (f) School improvement funds.--Provide funds to
24 schools for developing and implementing school improvement
25 plans. Such funds shall include those funds appropriated for
26 the purpose of school improvement pursuant to s. 24.121(5)(c).
27 (17) LOCAL-LEVEL DECISIONMAKING.--
28 (a) Adopt policies that clearly encourage and enhance
29 maximum decisionmaking appropriate to the school site. Such
30 policies must include guidelines for schools in the adoption
31 and purchase of district and school site instructional
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1 materials and technology, staff training, school advisory
2 council member training, student support services, budgeting,
3 and the allocation of staff resources.
4 (b) Adopt waiver process policies to enable all
5 schools to exercise maximum flexibility and notify advisory
6 councils of processes to waive school district and state
7 policies.
8 (c) Develop policies for periodically monitoring the
9 membership composition of school advisory councils to ensure
10 compliance with requirements established in s. 1001.452.
11 (d) Adopt policies that assist in giving greater
12 autonomy, including authority over the allocation of the
13 school's budget, to schools designated as performance grade
14 category "A," making excellent progress, and schools rated as
15 having improved at least two performance grade categories.
16 (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies
17 allowing students attending schools that have been designated
18 as performance grade category "F," failing to make adequate
19 progress, for 2 school years in a 4-year period to attend a
20 higher performing school in the district or an adjoining
21 district or be granted a state opportunity scholarship to a
22 private school, in conformance with s. 1002.38 and State Board
23 of Education rule.
24 (19) AUTHORITY TO DECLARE AN EMERGENCY.--May declare
25 an emergency in cases in which one or more schools in the
26 district are failing or are in danger of failing and negotiate
27 special provisions of its contract with the appropriate
28 bargaining units to free these schools from contract
29 restrictions that limit the school's ability to implement
30 programs and strategies needed to improve student performance.
31 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
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Amendment No. ___ (for drafter's use only)
1 anonymity of students in large schools, adopt policies to
2 encourage any school that does not meet the definition of a
3 small school, as established by s. 1013.43(2), to subdivide
4 into schools-within-a-school, that shall operate within
5 existing resources in accordance with the provisions of
6 chapter 1003.
7 (21) FLORIDA VIRTUAL SCHOOL.--Provide students with
8 access to enroll in courses available through the Florida
9 Virtual School and award credit for successful completion of
10 such courses. Access shall be available to students during or
11 after the normal school day, and through summer school
12 enrollment.
13 (22) ADOPT RULES.--Adopt rules pursuant to ss.
14 120.536(1) and 120.54 to implement this section.
15 Section 56. Section 1001.43, Florida Statutes, is
16 created to read:
17 1001.43 Supplemental powers and duties of district
18 school board.--The district school board may exercise the
19 following supplemental powers and duties as authorized by this
20 code or State Board of Education rule.
21 (1) STUDENT MANAGEMENT.--The district school board may
22 adopt programs and policies to ensure the safety and welfare
23 of individuals, the student body, and school personnel, which
24 programs and policies may:
25 (a) Prohibit the possession of weapons and drugs on
26 campus, student hazing, and other activities that could
27 threaten the operation of the school or the safety and welfare
28 of the student body or school personnel.
29 (b) Require uniforms to be worn by the student body,
30 or impose other dress-related requirements, if the district
31 school board finds that those requirements are necessary for
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1 the safety or welfare of the student body or school personnel.
2 (c) Provide procedures for student dismissal
3 precautions and for granting permission for students to leave
4 school grounds during school hours, including releasing a
5 student from school upon request by a parent or for public
6 appearances of school groups.
7 (d) Provide procedures for managing protests,
8 demonstrations, sit-ins, walk-outs, or other acts of civil
9 disobedience.
10 (e) Provide procedures for detaining students and for
11 readmission of students after expulsion.
12 (f) Regulate student automobile use and parking.
13 (2) FISCAL MANAGEMENT.--The district school board may
14 adopt policies providing for fiscal management of the school
15 district with respect to school purchasing, facilities,
16 nonstate revenue sources, budgeting, fundraising, and other
17 activities relating to the fiscal management of district
18 resources, including, but not limited to, the policies
19 governing:
20 (a) Sales calls and demonstrations by agents,
21 solicitors, salespersons, and vendors on campus; local
22 preference criteria for vendors; specifications for quantity
23 purchasing; prioritization of awards for bids; declining bid
24 awards; and purchase requisitions, approvals, and routing.
25 (b) Sales by booster clubs; marathon fundraisers; and
26 student sales of candy, paper products, or other goods
27 authorized by the district school board.
28 (c) Inventory and disposal of district property; use
29 of safe-deposit boxes; and selection of real estate
30 appraisers.
31 (d) Payment of contractors and other service
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Amendment No. ___ (for drafter's use only)
1 providers.
2 (e) Accounting systems; petty cash accounts procedures
3 and reporting; school activities funds procedures and
4 reporting; management and reporting of grants from private
5 sources; and management of funds, including auxiliary
6 enterprise funds.
7 (f) District budgeting system, including setting
8 budget deadlines and schedules, budget planning, and
9 implementation and determination of budget priorities.
10 (3) INSTRUCTIONAL AIDS.--The district school board may
11 adopt policies providing for innovative teaching techniques,
12 teaching programs and methods, instructional aids and
13 objectives, extracurricular and interscholastic activities,
14 and supplemental programs including, but not limited to,
15 policies providing for:
16 (a) Use of technology, including appropriate use of
17 the Internet as a tool for learning.
18 (b) Instructional priorities and objectives, pilot
19 projects and evaluations, curriculum adoption and design, and
20 lesson planning.
21 (c) Extracurricular and interscholastic activities,
22 including field trips, publishing a student newspaper and
23 other publications, and special programs relating to the arts,
24 music, or other topics of current interest.
25 (d) Participation in physical education programs,
26 including appropriate physical education attire and protective
27 gear; programs for exceptional students; summer school; and
28 the Title I program, including comparability procedures.
29 (4) FACILITIES MANAGEMENT.--The district school board
30 may adopt policies providing for management of the physical
31 campus and its environs, including, but not limited to, energy
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1 conservation measures; building and ground maintenance;
2 fencing, landscaping, and other property improvements; site
3 acquisition; new construction and renovation; dedication and
4 rededication or naming and renaming of district buildings and
5 other district facilities; and development of facilities
6 management planning and priorities.
7 (5) SCHOOL COMMUNITY RELATIONS.--The district school
8 board may adopt policies governing public gifts and donations
9 to schools; input from the community concerning instruction
10 resources; advertising in schools; participation in community
11 affairs, including coordination with local governments and
12 planning authorities; protocols for interagency agreements;
13 business community partnerships; community use of school
14 facilities; public solicitations in schools, including the
15 distribution and posting of promotional materials and
16 literature; visitors to the school campus; school advisory
17 councils; and parent volunteers and chaperones.
18 (6) LEGAL ISSUES.--The district school board may adopt
19 policies and procedures necessary to implement federal
20 mandates and programs, court orders, and other legal
21 requirements of the state.
22 (7) FIRST AID AND EMERGENCIES.--The district school
23 board may adopt programs and policies to ensure appropriate
24 response in emergency situations; the provision of first aid
25 to individuals, the student body, and school personnel; and
26 the effective management of student illness, which programs
27 and policies may include, but are not limited to:
28 (a) The provision of first aid and emergency medical
29 care and the provision of school health care facilities and
30 services.
31 (b) The provision of school safety patrol.
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1 (c) Procedures for reporting hazards, including
2 threats of nature, bomb threats, threatening messages, and
3 similar occurrences, and the provision of warning systems
4 including alarm systems and other technical devices.
5 (d) Procedures for evacuating the classrooms,
6 playground, or any other district facility.
7 (e) Procedures for reporting accidents, including
8 traffic accidents and traffic violations involving
9 district-owned vehicles.
10 (f) Student insurance programs.
11 (8) STUDENT ASSESSMENT AND AFFAIRS.--The district
12 school board may adopt policies and procedures governing
13 attendance monitoring and checks; truancy; graduation
14 requirements and graduation exercises; fees, fines, and
15 charges imposed on students; evaluation of student records and
16 transcripts; transfer of student records; grading and academic
17 evaluation of students; tests and examinations, including
18 early examinations; guidance and counseling; and student
19 participation in competitions, student performances and
20 exhibitions, contests for students, and social events.
21 (9) ADMINISTRATIVE SUPPORT SERVICES.--The district
22 school board may adopt policies and procedures governing
23 purchase of property insurance, including comprehensive
24 general liability insurance; transportation of students for
25 extracurricular activities and special events, including
26 transportation of students in privately owned vehicles;
27 transportation of district personnel, including personal use
28 of district owned vehicles; computer security and computer
29 room access and computer database resources; mail and delivery
30 services, including use of couriers; copyright compliance; and
31 computerized data systems, including computer use,
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1 transmission of data, access to the Internet, and other
2 technology-based services.
3 (10) DISTRICT SCHOOL BOARD GOVERNANCE AND
4 OPERATIONS.--The district school board may adopt policies and
5 procedures necessary for the daily business operation of the
6 district school board, including, but not limited to, the
7 provision of legal services for the district school board;
8 conducting a district legislative program; district school
9 board member participation at conferences, conventions, and
10 workshops, including member compensation and reimbursement for
11 expenses; district school board policy development, adoption,
12 and repeal; district school board meeting procedures,
13 including participation via telecommunications networks, use
14 of technology at meetings, and presentations by nondistrict
15 personnel; citizen communications with the district school
16 board and with individual district school board members;
17 collaboration with local government and other entities as
18 required by law; and organization of the district school
19 board, including special committees and advisory committees.
20 (11) PERSONNEL.--The district school board may adopt
21 policies and procedures necessary for the management of all
22 personnel of the school system.
23 (12) COOPERATION WITH COMMUNITY COLLEGES.--The
24 district school board shall work with the community colleges
25 in the district to ensure that the community college students
26 have access to remedial education.
27 Section 57. Section 1001.44, Florida Statutes, is
28 created to read:
29 1001.44 Technical centers.--
30 (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE
31 TECHNICAL CENTERS.--Any district school board, after first
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1 obtaining the approval of the Department of Education, may, as
2 a part of the district school system, organize, establish and
3 operate a technical center, or acquire and operate a technical
4 school previously established.
5 (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
6 ESTABLISH OR ACQUIRE TECHNICAL CENTERS.--The district school
7 boards of any two or more contiguous districts may, upon first
8 obtaining the approval of the department, enter into an
9 agreement to organize, establish and operate, or acquire and
10 operate, a technical center under this section.
11 (3) TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM
12 DIRECTED BY A DIRECTOR.--
13 (a) A technical center established or acquired under
14 provisions of law and minimum standards prescribed by the
15 commissioner shall comprise a part of the district school
16 system and shall mean an educational institution offering
17 terminal courses of a technical nature, and courses for
18 out-of-school youth and adults; shall be subject to all
19 applicable provisions of this code; shall be under the control
20 of the district school board of the school district in which
21 it is located; and shall be directed by a director responsible
22 through the district school superintendent to the district
23 school board of the school district in which the center is
24 located.
25 (b) Each technical center shall maintain an academic
26 transcript for each student enrolled in the center. Such
27 transcript shall delineate each course completed by the
28 student. Courses shall be delineated by the course prefix and
29 title assigned pursuant to s. 1007.24. The center shall make
30 a copy of a student's transcript available to any student who
31 requests it.
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1 Section 58. Section 1001.451, Florida Statutes, is
2 created to read:
3 1001.451 Regional consortium service
4 organizations.--In order to provide a full range of programs
5 to larger numbers of students, minimize duplication of
6 services, and encourage the development of new programs and
7 services:
8 (1) School districts with 20,000 or fewer unweighted
9 full-time equivalent students may enter into cooperative
10 agreements to form a regional consortium service organization.
11 Each regional consortium service organization shall provide,
12 at a minimum, three of the following services: exceptional
13 student education; teacher education centers; environmental
14 education; federal grant procurement and coordination; data
15 processing; health insurance; risk management insurance; staff
16 development; purchasing; or planning and accountability.
17 (2)(a) Each regional consortium service organization
18 that consists of four or more school districts is eligible to
19 receive, through the Department of Education, an incentive
20 grant of $25,000 per school district to be used for the
21 delivery of services within the participating school
22 districts.
23 (b) Application for incentive grants shall be made to
24 the Commissioner of Education by July 30 of each year for
25 distribution to qualifying regional consortium service
26 organizations by January 1 of the fiscal year.
27 Section 59. Section 1001.452, Florida Statutes, is
28 created to read:
29 1001.452 District and school advisory councils.--
30 (1) ESTABLISHMENT.--
31 (a) The district school board shall establish an
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1 advisory council for each school in the district and shall
2 develop procedures for the election and appointment of
3 advisory council members. Each school advisory council shall
4 include in its name the words "school advisory council." The
5 school advisory council shall be the sole body responsible for
6 final decisionmaking at the school relating to implementation
7 of the provisions of ss. 1008.345, and 1001.42(16). A majority
8 of the members of each school advisory council must be persons
9 who are not employed by the school. Each advisory council
10 shall be composed of the principal and an appropriately
11 balanced number of teachers, education support employees,
12 students, parents, and other business and community citizens
13 who are representative of the ethnic, racial, and economic
14 community served by the school. Technical center and high
15 school advisory councils shall include students, and middle
16 and junior high school advisory councils may include students.
17 School advisory councils of technical and adult education
18 centers are not required to include parents as members.
19 Council members representing teachers, education support
20 employees, students, and parents shall be elected by their
21 respective peer groups at the school in a fair and equitable
22 manner as follows:
23 1. Teachers shall be elected by teachers.
24 2. Education support employees shall be elected by
25 education support employees.
26 3. Students shall be elected by students.
27 4. Parents shall be elected by parents.
28
29 The district school board shall establish procedures for use
30 by schools in selecting business and community members that
31 include means of ensuring wide notice of vacancies and of
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1 taking input on possible members from local business, chambers
2 of commerce, community and civic organizations and groups, and
3 the public at large. The district school board shall review
4 the membership composition of each advisory council. If the
5 district school board determines that the membership elected
6 by the school is not representative of the ethnic, racial, and
7 economic community served by the school, the district school
8 board shall appoint additional members to achieve proper
9 representation. The commissioner shall determine if schools
10 have maximized their efforts to include on their advisory
11 councils minority persons and persons of lower socioeconomic
12 status. Although schools are strongly encouraged to establish
13 school advisory councils, the district school board of any
14 school district that has a student population of 10,000 or
15 fewer may establish a district advisory council which shall
16 include at least one duly elected teacher from each school in
17 the district. For the purposes of school advisory councils
18 and district advisory councils, the term "teacher" shall
19 include classroom teachers, certified student services
20 personnel, and media specialists. For purposes of this
21 paragraph, "education support employee" means any person
22 employed by a school who is not defined as instructional or
23 administrative personnel pursuant to s. 1012.01 and whose
24 duties require 20 or more hours in each normal working week.
25 (b) The district school board may establish a district
26 advisory council representative of the district and composed
27 of teachers, students, parents, and other citizens or a
28 district advisory council that may be comprised of
29 representatives of each school advisory council. Recognized
30 schoolwide support groups that meet all criteria established
31 by law or rule may function as school advisory councils.
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Amendment No. ___ (for drafter's use only)
1 (c) For those schools operating for the purpose of
2 providing educational services to youth in Department of
3 Juvenile Justice programs, district school boards may
4 establish a district advisory council with appropriate
5 representatives for the purpose of developing and monitoring a
6 district school improvement plan that encompasses all such
7 schools in the district, pursuant to s. 1001.42(16)(a).
8 (2) DUTIES.--Each advisory council shall perform such
9 functions as are prescribed by regulations of the district
10 school board; however, no advisory council shall have any of
11 the powers and duties now reserved by law to the district
12 school board. Each school advisory council shall assist in the
13 preparation and evaluation of the school improvement plan
14 required pursuant to s. 1001.42(16). With technical assistance
15 from the Department of Education, each school advisory council
16 shall assist in the preparation of the school's annual budget
17 and plan as required by s. 1008.385(1). A portion of funds
18 provided in the annual General Appropriations Act for use by
19 school advisory councils must be used for implementing the
20 school improvement plan.
21 Section 60. Section 1001.453, Florida Statutes, is
22 created to read:
23 1001.453 Direct-support organization; use of property;
24 board of directors; audit.--
25 (1) DEFINITIONS.--For the purposes of this section,
26 the term:
27 (a) "District school board direct-support
28 organization" means an organization that:
29 1. Is approved by the district school board;
30 2. Is a Florida corporation not for profit,
31 incorporated under the provisions of chapter 617 and approved
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1 by the Department of State; and
2 3. Is organized and operated exclusively to receive,
3 hold, invest, and administer property and to make expenditures
4 to or for the benefit of public kindergarten through 12th
5 grade education and adult career and technical and community
6 education programs in this state.
7 (b) "Personal services" includes full-time or
8 part-time personnel, as well as payroll processing.
9 (2) USE OF PROPERTY.--A district school board:
10 (a) Is authorized to permit the use of property,
11 facilities, and personal services of the district by a
12 direct-support organization, subject to the provisions of this
13 section.
14 (b) Shall prescribe by rule conditions with which a
15 district school board direct-support organization must comply
16 in order to use property, facilities, or personal services of
17 the district. Adoption of such rules shall be coordinated with
18 the Department of Education. The rules shall provide for
19 budget and audit review and oversight by the district school
20 board and the department.
21 (c) Shall not permit the use of property, facilities,
22 or personal services of a direct-support organization if such
23 organization does not provide equal employment opportunities
24 to all persons, regardless of race, color, religion, sex, age,
25 or national origin.
26 (3) BOARD OF DIRECTORS.--The board of directors of the
27 district school board direct-support organization shall be
28 approved by the district school board.
29 (4) ANNUAL AUDIT.--Each direct-support organization
30 with more than $100,000 in expenditures or expenses shall
31 provide for an annual financial audit of its accounts and
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Amendment No. ___ (for drafter's use only)
1 records, to be conducted by an independent certified public
2 accountant in accordance with rules adopted by the Auditor
3 General pursuant to s. 11.45(8) and the Commissioner of
4 Education. The annual audit report shall be submitted within 9
5 months after the fiscal year's end to the district school
6 board and the Auditor General. The Commissioner of Education,
7 the Auditor General, and the Office of Program Policy Analysis
8 and Government Accountability have the authority to require
9 and receive from the organization or the district auditor any
10 records relative to the operation of the organization. The
11 identity of donors and all information identifying donors and
12 prospective donors are confidential and exempt from the
13 provisions of s. 119.07(1), and that anonymity shall be
14 maintained in the auditor's report. All other records and
15 information shall be considered public records for the
16 purposes of chapter 119.
17 Section 61. Part II.b. of chapter 1001, Florida
18 Statutes, shall be entitled "District School Superintendents"
19 and shall consist of ss. 1001.46-1001.53.
20 Section 62. Section 1001.46, Florida Statutes, is
21 created to read:
22 1001.46 District school superintendent; election and
23 term of office.--The district school superintendent shall be
24 elected for a term of 4 years or until the election or
25 appointment and qualification of his or her successor.
26 Section 63. Section 1001.461, Florida Statutes, is
27 created to read:
28 1001.461 District school superintendent; procedures
29 for making office appointive.--
30 (1) Pursuant to the provisions of s. 5, Art. IX of the
31 State Constitution, the district school superintendent shall
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Amendment No. ___ (for drafter's use only)
1 be appointed by the district school board in a school district
2 wherein the proposition is affirmed by a majority of the
3 qualified electors voting in the same election making the
4 office of district school superintendent appointive.
5 (2) To submit the proposition to the electors, the
6 district school board by formal resolution shall request an
7 election, that shall be at a general election or a statewide
8 primary or special election. The board of county
9 commissioners, upon such timely request from the district
10 school board, shall cause to be placed on the ballot at such
11 election the proposition to make the office of district school
12 superintendent appointive.
13 (3) Any district adopting the appointive method for
14 its district school superintendent may after 4 years return to
15 its former status and reject the provisions of this section by
16 following the same procedure outlined in subsection (2) for
17 adopting the provisions thereof.
18 Section 64. Section 1001.462, Florida Statutes, is
19 created to read:
20 1001.462 Oath of district school
21 superintendent.--Before entering upon the duties of his or her
22 office, the district school superintendent shall take the oath
23 of office prescribed by the State Constitution.
24 Section 65. Section 1001.463, Florida Statutes, is
25 created to read:
26 1001.463 Vacancy in office of district school
27 superintendent.--The office of district school superintendent
28 in any district shall be vacant when the district school
29 superintendent removes his or her residence from the district.
30 Section 66. Section 1001.464, Florida Statutes, is
31 created to read:
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1 1001.464 District school superintendent to devote full
2 time to office.--The position of district school
3 superintendent shall be considered a full-time position.
4 Section 67. Section 1001.47, Florida Statutes, is
5 created to read:
6 1001.47 District school superintendent; salary.--
7 (1) Each district school superintendent shall receive
8 as salary the amount indicated pursuant to this section.
9 However, a district school board, by majority vote, may
10 approve a salary in excess of the amount specified in this
11 section.
12 (2) Notwithstanding the provisions of chapter 145 to
13 the contrary, the annual salaries of elected district school
14 superintendents for 1993 and each year thereafter shall be
15 established at the same amounts as the district school
16 superintendents were paid for fiscal year 1991-1992, adjusted
17 by each annual increase provided for in chapter 145.
18 (3) This section does not apply to a district school
19 superintendent appointed pursuant to the terms of s. 1001.50.
20 (4)(a) There shall be an additional $2,000 per year
21 special qualification salary for each district school
22 superintendent who has met the certification requirements
23 established by the Department of Education. Any district
24 school superintendent who is certified during a calendar year
25 shall receive in that year a pro rata share of the special
26 qualification salary based on the remaining period of the
27 year.
28 (b) In order to qualify for the special qualification
29 salary provided by paragraph (a), the district school
30 superintendent must complete the requirements established by
31 the Department of Education within 6 years after first taking
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1 office.
2 (c) After a district school superintendent meets the
3 requirements of paragraph (a), in order to remain certified
4 the district school superintendent shall thereafter be
5 required to complete each year a course of continuing
6 education as prescribed by the Department of Education.
7 (5)(a) The Department of Education shall provide a
8 leadership development and performance compensation program
9 for district school superintendents, comparable to chief
10 executive officer development programs for corporate executive
11 officers, to include:
12 1. A content-knowledge-and-skills phase consisting of:
13 creative leadership models and theory, demonstration of
14 effective practice, simulation exercises and personal skills
15 practice, and assessment with feedback, taught in a
16 professional training setting under the direction of
17 experienced, successful trainers.
18 2. A competency-acquisition phase consisting of
19 on-the-job application of knowledge and skills for a period of
20 not less than 6 months following the successful completion of
21 the content-knowledge-and-skills phase. The
22 competency-acquisition phase shall be supported by adequate
23 professional technical assistance provided by experienced
24 trainers approved by the department. Competency acquisition
25 shall be demonstrated through assessment and feedback.
26 (b) Upon the successful completion of both phases and
27 demonstrated successful performance, as determined by the
28 department, a district school superintendent shall be issued a
29 Chief Executive Officer Leadership Development Certificate and
30 shall be given an annual performance salary incentive of not
31 less than $3,000 or more than $7,500 based upon his or her
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1 performance evaluation.
2 (c) A district school superintendent's eligibility to
3 continue receiving the annual performance salary incentive is
4 contingent upon his or her continued performance assessment
5 and followup training prescribed by the department.
6 Section 68. Section 1001.48, Florida Statutes, is
7 created to read:
8 1001.48 Secretary and executive officer of the
9 district school board.--The district school superintendent
10 shall be the secretary and executive officer of the district
11 school board, provided that when the district school
12 superintendent is required to be absent on account of
13 performing services in the volunteer forces of the United
14 States or in the National Guard of the state or in the regular
15 Army or Navy of the United States, when said district school
16 superintendent shall be called into active training or service
17 of the United States under an Act of Congress or pursuant to a
18 proclamation by the President of the United States, the
19 district school superintendent shall then be entitled to a
20 leave of absence not to exceed the remaining portion of the
21 term for which he or she was elected.
22 Section 69. Section 1001.49, Florida Statutes, is
23 created to read:
24 1001.49 General powers of district school
25 superintendent.--The district school superintendent shall have
26 the authority, and when necessary for the more efficient and
27 adequate operation of the district school system, the district
28 school superintendent shall exercise the following powers:
29 (1) GENERAL OVERSIGHT.--Exercise general oversight
30 over the district school system in order to determine problems
31 and needs, and recommend improvements.
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1 (2) ADVISE, COUNSEL, AND RECOMMEND TO DISTRICT SCHOOL
2 BOARD.--Advise and counsel with the district school board on
3 all educational matters and recommend to the district school
4 board for action such matters as should be acted upon.
5 (3) RECOMMEND POLICIES.--Recommend to the district
6 school board for adoption such policies pertaining to the
7 district school system as the district school superintendent
8 may consider necessary for its more efficient operation.
9 (4) RECOMMEND AND EXECUTE RULES.--Prepare and organize
10 by subjects and submit to the district school board for
11 adoption such rules to supplement those adopted by the State
12 Board of Education as, in the district school superintendent's
13 opinion, will contribute to the efficient operation of any
14 aspect of education in the district. When rules have been
15 adopted, the district school superintendent shall see that
16 they are executed.
17 (5) RECOMMEND AND EXECUTE MINIMUM STANDARDS.--From
18 time to time prepare, organize by subject, and submit to the
19 district school board for adoption such minimum standards
20 relating to the operation of any phase of the district school
21 system as are needed to supplement those adopted by the State
22 Board of Education and as will contribute to the efficient
23 operation of any aspect of education in the district and
24 ensure that minimum standards adopted by the district school
25 board and the state board are observed.
26 (6) PERFORM DUTIES AND EXERCISE
27 RESPONSIBILITIES.--Perform such duties and exercise such
28 responsibilities as are assigned to the district school
29 superintendent by law and by rules of the State Board of
30 Education.
31 Section 70. Section 1001.50, Florida Statutes, is
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1 created to read:
2 1001.50 Superintendents employed under Art. IX of the
3 State Constitution.--
4 (1) In every district authorized to employ a district
5 school superintendent under Art. IX of the State Constitution,
6 the district school superintendent shall be the executive
7 officer of the district school board and shall not be subject
8 to the provisions of law, either general or special, relating
9 to tenure of employment or contracts of other school
10 personnel. The district school superintendent's duties
11 relating to the district school system shall be as provided by
12 law and rules of the State Board of Education.
13 (2) The district school board of each of such
14 districts shall enter into contracts of employment with the
15 district school superintendent and shall adopt rules relating
16 to his or her appointment.
17 (3) The district school board of each such district
18 shall pay to the district school superintendent a reasonable
19 annual salary. In determining the amount of compensation to be
20 paid, the board shall take into account such factors as:
21 (a) The population of the district.
22 (b) The rate and character of population growth.
23 (c) The size and composition of the student body to be
24 served.
25 (d) The geographic extent of the district.
26 (e) The number and character of the schools to be
27 supervised.
28 (f) The educational qualifications, professional
29 experience, and age of the candidate for the position of
30 district school superintendent.
31 Section 71. Section 1001.51, Florida Statutes, is
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 created to read:
2 1001.51 Duties and responsibilities of district school
3 superintendent.--The district school superintendent shall
4 exercise all powers and perform all duties listed below and
5 elsewhere in the law, provided that, in so doing, he or she
6 shall advise and counsel with the district school board. The
7 district school superintendent shall perform all tasks
8 necessary to make sound recommendations, nominations,
9 proposals, and reports required by law to be acted upon by the
10 district school board. All such recommendations, nominations,
11 proposals, and reports by the district school superintendent
12 shall be either recorded in the minutes or shall be made in
13 writing, noted in the minutes, and filed in the public records
14 of the district school board. It shall be presumed that, in
15 the absence of the record required in this section, the
16 recommendations, nominations, and proposals required of the
17 district school superintendent were not contrary to the action
18 taken by the district school board in such matters.
19 (1) ASSIST IN ORGANIZATION OF DISTRICT SCHOOL
20 BOARD.--Preside at the organization meeting of the district
21 school board and transmit to the Department of Education,
22 within 2 weeks following such meeting, a certified copy of the
23 proceedings of organization, including the schedule of regular
24 meetings, and the names and addresses of district school
25 officials.
26 (2) REGULAR AND SPECIAL MEETINGS OF THE DISTRICT
27 SCHOOL BOARD.--Attend all regular meetings of the district
28 school board, call special meetings when emergencies arise,
29 and advise, but not vote, on questions under consideration.
30 (3) RECORDS FOR THE DISTRICT SCHOOL BOARD.--Keep
31 minutes of all official actions and proceedings of the
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Amendment No. ___ (for drafter's use only)
1 district school board and keep such other records, including
2 records of property held or disposed of by the district school
3 board, as may be necessary to provide complete information
4 regarding the district school system.
5 (4) SCHOOL PROPERTY.--Act for the district school
6 board as custodian of school property.
7 (5) SCHOOL PROGRAM; PREPARE PLANS.--Supervise the
8 assembling of data and sponsor studies and surveys essential
9 to the development of a planned school program for the entire
10 district and prepare and recommend such a program to the
11 district school board as the basis for operating the district
12 school system.
13 (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
14 SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,
15 organization, and operation of such schools, classes, and
16 services as are needed to provide adequate educational
17 opportunities for all children in the district.
18 (7) PERSONNEL.--Be responsible, as required herein,
19 for directing the work of the personnel, subject to the
20 requirements of chapter 1012.
21 (8) COURSES OF STUDY AND OTHER INSTRUCTIONAL
22 AIDS.--Recommend such plans for improving, providing,
23 distributing, accounting for, and caring for textbooks and
24 other instructional aids as will result in general improvement
25 of the district school system, as prescribed in chapter 1006.
26 (9) TRANSPORTATION OF STUDENTS.--Provide for student
27 transportation as prescribed in s. 1006.21.
28 (10) SCHOOL PLANT.--Recommend plans, and execute such
29 plans as are approved, regarding all phases of the school
30 plant program, as prescribed in chapter 1013.
31 (11) FINANCE.--Recommend measures to the district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school board to assure adequate educational facilities
2 throughout the district, in accordance with the financial
3 procedure authorized in chapters 1010 and 1011 and as
4 prescribed below:
5 (a) Plan for operating all schools for minimum
6 term.--Determine and recommend district funds necessary in
7 addition to state funds to provide for at least a 180-day
8 school term or the equivalent on an hourly basis as specified
9 by rules adopted by the State Board of Education and recommend
10 plans for ensuring the operation of all schools for the term
11 authorized by the district school board.
12 (b) Annual budget.--Prepare the annual school budget
13 to be submitted to the district school board for adoption
14 according to law and submit this budget, when adopted by the
15 district school board, to the Department of Education on or
16 before the date required by rules of the State Board of
17 Education.
18 (c) Tax levies.--Recommend to the district school
19 board, on the basis of the needs shown by the budget, the
20 amount of district school tax levy necessary to provide the
21 district school funds needed for the maintenance of the public
22 schools; recommend to the district school board the tax levy
23 required on the basis of the needs shown in the budget for the
24 district bond interest and sinking fund of each district; and
25 recommend to the district school board to be included on the
26 ballot at each district millage election the school district
27 tax levies necessary to carry on the school program.
28 (d) School funds.--Keep an accurate account of all
29 funds that should be transmitted to the district school board
30 for school purposes at various periods during the year and
31 ensure, insofar as possible, that these funds are transmitted
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Amendment No. ___ (for drafter's use only)
1 promptly and report promptly to the district school board any
2 delinquencies or delays that occur in making available any
3 funds that should be made available for school purposes.
4 (e) Borrowing money.--Recommend when necessary the
5 borrowing of money as prescribed by law.
6 (f) Financial records and accounting.--Keep or have
7 kept accurate records of all financial transactions.
8 (g) Payrolls and accounts.--Maintain accurate and
9 current statements of accounts due to be paid by the district
10 school board; certify these statements as correct; liquidate
11 district school board obligations in accordance with the
12 official budget and rules of the district school board; and
13 prepare periodic reports as required by rules of the State
14 Board of Education, showing receipts, balances, and
15 disbursements to date, and file copies of such periodic
16 reports with the Department of Education.
17 (h) Bonds for employees.--Recommend the bonds of all
18 school employees who should be bonded in order to provide
19 reasonable safeguards for all school funds or property.
20 (i) Contracts.--After study of the feasibility of
21 contractual services with industry, recommend to the district
22 school board the desirable terms, conditions, and
23 specifications for contracts for supplies, materials, or
24 services to be rendered and see that materials, supplies, or
25 services are provided according to contract.
26 (j) Investment policies.--After careful examination,
27 recommend policies to the district school board that will
28 provide for the investment or deposit of school funds not
29 needed for immediate expenditures which shall earn the maximum
30 possible yield under the circumstances on such investments or
31 deposits. The district school superintendent shall cause to be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 invested at all times all school moneys not immediately needed
2 for expenditures pursuant to the policies of the district
3 school board.
4 (k) Protection against loss.--Recommend programs and
5 procedures to the district school board necessary to protect
6 the school system adequately against loss or damage to school
7 property or against loss resulting from any liability for
8 which the district school board or its officers, agents, or
9 employees may be responsible under law.
10 (l) Millage elections.--Recommend plans and procedures
11 for holding and supervising all school district millage
12 elections.
13 (m) Budgets and expenditures.--Prepare, after
14 consulting with the principals of the various schools,
15 tentative annual budgets for the expenditure of district funds
16 for the benefit of public school students of the district.
17 (n) Bonds.--Recommend the amounts of bonds to be
18 issued in the district and assist in the preparation of the
19 necessary papers for an election to determine whether the
20 proposed bond issue will be approved by the electors and, if
21 such bond issue be approved by the electors, recommend plans
22 for the sale of bonds and for the proper expenditure of the
23 funds derived therefrom.
24 (12) RECORDS AND REPORTS.--Recommend such records as
25 should be kept in addition to those prescribed by rules of the
26 State Board of Education; prepare forms for keeping such
27 records as are approved by the district school board; ensure
28 that such records are properly kept; and make all reports that
29 are needed or required, as follows:
30 (a) Forms, blanks, and reports.--Require that all
31 employees accurately keep all records and promptly make in
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 proper form all reports required by the education code or by
2 rules of the State Board of Education; recommend the keeping
3 of such additional records and the making of such additional
4 reports as may be deemed necessary to provide data essential
5 for the operation of the school system; and prepare such forms
6 and blanks as may be required and ensure that these records
7 and reports are properly prepared.
8 (b) Reports to the department.--Prepare, for the
9 approval of the district school board, all reports that may be
10 required by law or rules of the State Board of Education to be
11 made to the department and transmit promptly all such reports,
12 when approved, to the department, as required by law. If any
13 such reports are not transmitted at the time and in the manner
14 prescribed by law or by State Board of Education rules, the
15 salary of the district school superintendent must be withheld
16 until the report has been properly submitted. Unless otherwise
17 provided by rules of the State Board of Education, the annual
18 report on attendance and personnel is due on or before July 1,
19 and the annual school budget and the report on finance are due
20 on the date prescribed by the commissioner.
21
22 Any district school superintendent who knowingly signs and
23 transmits to any state official a false or incorrect report
24 shall forfeit his or her right to any salary for the period of
25 1 year from that date.
26 (13) COOPERATION WITH OTHER AGENCIES.--
27 (a) Cooperation with governmental agencies in
28 enforcement of laws and rules.--Recommend plans for
29 cooperating with, and, on the basis of approved plans,
30 cooperate with federal, state, county, and municipal agencies
31 in the enforcement of laws and rules pertaining to all matters
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 relating to education and child welfare.
2 (b) Identifying and reporting names of migratory
3 children, other information.--Recommend plans for identifying
4 and reporting to the Department of Education the name of each
5 child in the school district who qualifies according to the
6 definition of a migratory child, based on Pub. L. No. 95-561,
7 and for reporting such other information as may be prescribed
8 by the department.
9 (14) ENFORCEMENT OF LAWS AND RULES.--Require that all
10 laws and rules of the State Board of Education, as well as
11 supplementary rules of the district school board, are properly
12 observed and report to the district school board any violation
13 that the district school superintendent does not succeed in
14 having corrected.
15 (15) COOPERATE WITH DISTRICT SCHOOL BOARD.--Cooperate
16 with the district school board in every manner practicable to
17 the end that the district school system may continuously be
18 improved.
19 (16) VISITATION OF SCHOOLS.--Visit the schools;
20 observe the management and instruction; give suggestions for
21 improvement; and advise supervisors, principals, teachers,
22 patrons, and other citizens with the view of promoting
23 interest in education and improving the school conditions of
24 the district.
25 (17) CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call
26 and conduct institutes and conferences with employees of the
27 district school board, school patrons, and other interested
28 citizens; organize and direct study and extension courses for
29 employees, advising them as to their professional studies; and
30 assist patrons and people generally in acquiring knowledge of
31 the aims, services, and needs of the schools.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (18) PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend
2 such conferences for district school superintendents as may be
3 called or scheduled by the Department of Education and avail
4 himself or herself of means of professional and general
5 improvement so that he or she may function most efficiently.
6 (19) RECOMMEND REVOKING CERTIFICATES.--Recommend in
7 writing to the Department of Education the revoking of any
8 certificate for good cause, including a full statement of the
9 reason for the district school superintendent's
10 recommendation.
11 (20) MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with
12 the district school board and make available to his or her
13 successor, upon retiring from office, a complete inventory of
14 school equipment and other property, together with all
15 official records and such other records as may be needed in
16 supervising instruction and in administering the district
17 school system.
18 (21) RECOMMEND PROCEDURES FOR INFORMING GENERAL
19 PUBLIC.--Recommend to the district school board procedures
20 whereby the general public can be adequately informed of the
21 educational programs, needs, and objectives of public
22 education within the district.
23 (22) SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend
24 procedures for implementing and maintaining a system of school
25 improvement and education accountability as provided by
26 statute and State Board of Education rule.
27 (23) OTHER DUTIES AND RESPONSIBILITIES.--Perform such
28 other duties as are assigned to the district school
29 superintendent by law or by rules of the State Board of
30 Education.
31 Section 72. Section 1001.52, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1001.52 Reproduction and destruction of district
3 school records.--
4 (1) The purpose of this section is to reduce the
5 present space required by the district school systems for the
6 storage of their records and to permit the district school
7 superintendent to administer the affairs of the district
8 school system more efficiently.
9 (2) After complying with the provisions of s. 257.37,
10 the district school superintendent may photograph,
11 microphotograph, or reproduce documents, records, data, and
12 information of a permanent character which in his or her
13 discretion he or she may select, and the district school
14 superintendent may destroy any of the said documents after
15 they have been reproduced and after audit of the district
16 school superintendent's office has been completed for the
17 period embracing the dates of said instruments. Information
18 made in compliance with the provisions of this section shall
19 have the same force and effect as the originals thereof would
20 have, and shall be treated as originals for the purpose of
21 their admissibility into evidence. Duly certified or
22 authenticated reproductions shall be admitted into evidence
23 equally with the originals.
24 (3) After complying with the provisions of s. 257.37,
25 the district school superintendent may, in his or her
26 discretion, destroy general correspondence that is over 3
27 years old and other records, papers, and documents over 3
28 years old that do not serve as part of an agreement or
29 understanding and do not have value as permanent records.
30 Section 73. Section 1001.53, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1001.53 District school superintendent responsible for
2 enforcement of attendance.--The district school superintendent
3 shall be responsible for the enforcement of the attendance
4 provisions of chapters 1003 and 1006. In a district in which
5 no attendance assistant is employed, the district school
6 superintendent shall have those duties and responsibilities
7 and exercise those powers assigned by law to attendance
8 assistants.
9 Section 74. Part II.c. of chapter 1001, Florida
10 Statutes, shall be entitled "School Principals" and shall
11 consist of s. 1001.54.
12 Section 75. Section 1001.54, Florida Statutes, is
13 created to read:
14 1001.54 Duties of school principals.--
15 (1) A district school board shall employ, through
16 written contract, public school principals. The school
17 principal has authority over school district personnel in
18 accordance with s. 1012.28.
19 (2) Each school principal shall provide leadership in
20 the development or revision and implementation of a school
21 improvement plan, pursuant to s. 1001.42(16).
22 (3) Each school principal must make the necessary
23 provisions to ensure that all school reports are accurate and
24 timely, and must provide the necessary training opportunities
25 for staff to accurately report attendance, FTE program
26 participation, student performance, teacher appraisal, and
27 school safety and discipline data.
28 (4) Each school principal is responsible for the
29 management and care of instructional materials, in accordance
30 with the provisions of chapter 1006.
31 Section 76. Part III of chapter 1001, Florida
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Statutes, shall be entitled "Community Colleges" and shall
2 consist of ss. 1001.61-1001.65.
3 Section 77. Section 1001.61, Florida Statutes, is
4 created to read:
5 1001.61 Community college boards of trustees;
6 membership.--
7 (1) Community college boards of trustees shall be
8 comprised of five members when a community college district is
9 confined to one school board district; seven members when a
10 community college district is confined to one school board
11 district and the board of trustees so elects; and not more
12 than nine members when the district contains two or more
13 school board districts, as provided by rules of the State
14 Board of Education. However, Florida Community College at
15 Jacksonville shall have an odd number of trustees.
16 (2) Trustees shall be appointed by the Governor and
17 confirmed by the Senate in regular session.
18 (3) Members of the board of trustees shall receive no
19 compensation but may receive reimbursement for expenses as
20 provided in s. 112.061.
21 (4) At its first regular meeting after July 1 of each
22 year, each community college board of trustees shall organize
23 by electing a chair, whose duty as such is to preside at all
24 meetings of the board, to call special meetings thereof, and
25 to attest to actions of the board, and a vice chair, whose
26 duty as such is to act as chair during the absence or
27 disability of the elected chair. It is the further duty of the
28 chair of each board of trustees to notify the Governor, in
29 writing, whenever a board member fails to attend three
30 consecutive regular board meetings in any one fiscal year,
31 which absences may be grounds for removal.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) A community college president shall serve as the
2 executive officer and corporate secretary of the board of
3 trustees and shall be responsible to the board of trustees for
4 setting the agenda for meetings of the board of trustees in
5 consultation with the chair. The president also serves as the
6 chief administrative officer of the community college, and all
7 the components of the institution and all aspects of its
8 operation are responsible to the board of trustees through the
9 president.
10 Section 78. Section 1001.62, Florida Statutes, is
11 created to read:
12 1001.62 Transfer of benefits arising under local or
13 special acts.--All local or special acts in force on July 1,
14 1968, that provide benefits for a community college through a
15 district school board shall continue in full force and effect,
16 and such benefits shall be transmitted to the community
17 college board of trustees.
18 Section 79. Section 1001.63, Florida Statutes, is
19 created to read:
20 1001.63 Community college board of trustees; board of
21 trustees to constitute a corporation.--Each community college
22 board of trustees is constituted a body corporate by the name
23 of "The District Board of Trustees of ...(name of community
24 college)..., Florida" with all the powers and duties of a body
25 corporate, including the power to adopt a corporate seal, to
26 contract and be contracted with, to sue or be sued, to plead
27 and be impleaded in all courts of law or equity, and to give
28 and receive donations. In all suits against a board of
29 trustees, service of process shall be made on the chair of the
30 board of trustees or, in the absence of the chair, the
31 corporate secretary or designee of the chair.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 80. Section 1001.64, Florida Statutes, is
2 created to read:
3 1001.64 Community college boards of trustees; powers
4 and duties.--
5 (1) The boards of trustees shall be responsible for
6 cost-effective policy decisions appropriate to the community
7 college's mission, the implementation and maintenance of
8 high-quality education programs within law and rules of the
9 State Board of Education, the measurement of performance, the
10 reporting of information, and the provision of input regarding
11 state policy, budgeting, and education standards.
12 (2) Each board of trustees is vested with the
13 responsibility to govern its respective community college and
14 with such necessary authority as is needed for the proper
15 operation and improvement thereof in accordance with rules of
16 the State Board of Education.
17 (3) A board of trustees shall have the power to take
18 action without a recommendation from the president and shall
19 have the power to require the president to deliver to the
20 board of trustees all data and information required by the
21 board of trustees in the performance of its duties.
22 (4)(a) The board of trustees, after considering
23 recommendations submitted by the community college president,
24 may adopt rules pursuant to ss. 120.536(1) and 120.54 to
25 implement the provisions of law conferring duties upon it.
26 These rules may supplement those prescribed by the State Board
27 of Education if they will contribute to the more orderly and
28 efficient operation of community colleges.
29 (b) Each board of trustees is specifically authorized
30 to adopt rules, procedures, and policies, consistent with law
31 and rules of the State Board of Education, related to its
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 mission and responsibilities as set forth in s. 1004.65, its
2 governance, personnel, budget and finance, administration,
3 programs, curriculum and instruction, buildings and grounds,
4 travel and purchasing, technology, students, contracts and
5 grants, or college property.
6 (5) Each board of trustees shall have responsibility
7 for the use, maintenance, protection, and control of community
8 college owned or community college controlled buildings and
9 grounds, property and equipment, name, trademarks and other
10 proprietary marks, and the financial and other resources of
11 the community college. Such authority may include placing
12 restrictions on activities and on access to facilities,
13 firearms, food, tobacco, alcoholic beverages, distribution of
14 printed materials, commercial solicitation, animals, and
15 sound.
16 (6) Each board of trustees has responsibility for the
17 establishment and discontinuance of program and course
18 offerings in accordance with law and rule; provision for
19 instructional and noninstructional community services,
20 location of classes, and services provided; and dissemination
21 of information concerning such programs and services. New
22 programs must be approved pursuant to s. 1004.03.
23 (7) Each board of trustees has responsibility for:
24 ensuring that students have access to general education
25 courses as identified in rule; requiring no more than 60
26 semester hours of degree program coursework, including 36
27 semester hours of general education coursework, for an
28 associate in arts degree; notifying students that earned hours
29 in excess of 60 semester hours may not be accepted by state
30 universities; notifying students of unique program
31 prerequisites; and ensuring that degree program coursework
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 beyond general education coursework is consistent with degree
2 program prerequisite requirements adopted pursuant to s.
3 1007.25(5).
4 (8) Each board of trustees has authority for policies
5 related to students, enrollment of students, student records,
6 student activities, financial assistance, and other student
7 services.
8 (a) Each board of trustees shall govern admission of
9 students pursuant to s. 1007.263 and rules of the State Board
10 of Education. A board of trustees may establish additional
11 admissions criteria, which shall be included in the district
12 interinstitutional articulation agreement developed according
13 to s. 1007.235, to ensure student readiness for postsecondary
14 instruction. Each board of trustees may consider the past
15 actions of any person applying for admission or enrollment and
16 may deny admission or enrollment to an applicant because of
17 misconduct if determined to be in the best interest of the
18 community college.
19 (b) Each board of trustees shall adopt rules
20 establishing student performance standards for the award of
21 degrees and certificates pursuant to s. 1004.68.
22 (c) Boards of trustees are authorized to establish
23 intrainstitutional and interinstitutional programs to maximize
24 articulation pursuant to s. 1007.22.
25 (d) Boards of trustees shall identify their core
26 curricula, which shall include courses required by the State
27 Board of Education, pursuant to the provisions of s.
28 1007.25(6).
29 (e) Each board of trustees must adopt a written
30 antihazing policy, provide a program for the enforcement of
31 such rules, and adopt appropriate penalties for violations of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 such rules pursuant to the provisions of s. 1006.63(1)-(3).
2 (f) Each board of trustees may establish a uniform
3 code of conduct and appropriate penalties for violation of its
4 rules by students and student organizations, including rules
5 governing student academic honesty. Such penalties, unless
6 otherwise provided by law, may include fines, the withholding
7 of diplomas or transcripts pending compliance with rules or
8 payment of fines, and the imposition of probation, suspension,
9 or dismissal.
10 (g) Each board of trustees pursuant to s. 1006.53
11 shall adopt a policy in accordance with rules of the State
12 Board of Education that reasonably accommodates the religious
13 observance, practice, and belief of individual students in
14 regard to admissions, class attendance, and the scheduling of
15 examinations and work assignments.
16 (9) A board of trustees may contract with the board of
17 trustees of a state university for the community college to
18 provide college-preparatory instruction on the state
19 university campus.
20 (10) Each board of trustees shall establish fees
21 pursuant to ss. 1009.22, 1009.23, 1009.25, 1009.26, and
22 1009.27.
23 (11) Each board of trustees shall submit an
24 institutional budget request, including a request for fixed
25 capital outlay, and an operating budget to the State Board of
26 Education for approval in accordance with guidelines
27 established by the State Board of Education.
28 (12) Each board of trustees shall account for
29 expenditures of all state, local, federal and other funds in
30 the manner described by the Department of Education.
31 (13) Each board of trustees is responsible for the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 uses for the proceeds of academic improvement trust funds
2 pursuant to s. 1011.85.
3 (14) Each board of trustees shall develop a strategic
4 plan specifying institutional goals and objectives for the
5 community college for recommendation to the State Board of
6 Education.
7 (15) Each board of trustees shall develop an
8 accountability plan pursuant to s. 1008.45.
9 (16) Each board of trustees must expend performance
10 funds provided for workforce development education pursuant to
11 the provisions of s. 1011.80.
12 (17) Each board of trustees is accountable for
13 performance in certificate career education and diploma
14 programs pursuant to s. 1008.44.
15 (18) Each board of trustees shall establish the
16 personnel program for all employees of the community college,
17 including the president, pursuant to the provisions of chapter
18 1012 and rules and guidelines of the State Board of Education,
19 including: compensation and other conditions of employment;
20 recruitment and selection; nonreappointment; standards for
21 performance and conduct; evaluation; benefits and hours of
22 work; leave policies; recognition; inventions and work
23 products; travel; learning opportunities; exchange programs;
24 academic freedom and responsibility; promotion; assignment;
25 demotion; transfer; ethical obligations and conflict of
26 interest; restrictive covenants; disciplinary actions;
27 complaints; appeals and grievance procedures; and separation
28 and termination from employment.
29 (19) Each board of trustees shall appoint, suspend, or
30 remove the president of the community college. The board of
31 trustees may appoint a search committee. The board of trustees
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall conduct annual evaluations of the president in
2 accordance with rules of the State Board of Education and
3 submit such evaluations to the State Board of Education for
4 review. The evaluation must address the achievement of the
5 performance goals established by the accountability process
6 implemented pursuant to s. 1008.45 and the performance of the
7 president in achieving the annual and long-term goals and
8 objectives established in the community college's employment
9 accountability program implemented pursuant to s. 1012.86.
10 (20) Each board of trustees is authorized to enter
11 into contracts to provide a State Community College System
12 Optional Retirement Program pursuant to s. 1012.875 and to
13 enter into consortia with other boards of trustees for this
14 purpose.
15 (21) Each board of trustees is authorized to purchase
16 annuities for its community college personnel who have 25 or
17 more years of creditable service and who have reached age 55
18 and have applied for retirement under the Florida Retirement
19 System pursuant to the provisions of s. 1012.87.
20 (22) A board of trustees may defray all costs of
21 defending civil actions against officers, employees, or agents
22 of the board of trustees pursuant to s. 1012.85.
23 (23) Each board of trustees has authority for risk
24 management, safety, security, and law enforcement operations.
25 Each board of trustees is authorized to employ personnel,
26 including police officers pursuant to s. 1012.88, to carry out
27 the duties imposed by this subsection.
28 (24) Each board of trustees shall provide rules
29 governing parking and the direction and flow of traffic within
30 campus boundaries. Except for sworn law enforcement personnel,
31 persons employed to enforce campus parking rules have no
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 authority to arrest or issue citations for moving traffic
2 violations. The board of trustees may adopt a uniform code of
3 appropriate penalties for violations. Such penalties, unless
4 otherwise provided by law, may include the levying of fines,
5 the withholding of diplomas or transcripts pending compliance
6 with rules or payment of fines, and the imposition of
7 probation, suspension, or dismissal. Moneys collected from
8 parking rule infractions shall be deposited in appropriate
9 funds at each community college for student financial aid
10 purposes.
11 (25) Each board of trustees constitutes the
12 contracting agent of the community college. It may when acting
13 as a body make contracts, sue, and be sued in the name of the
14 board of trustees. In any suit, a change in personnel of the
15 board of trustees shall not abate the suit, which shall
16 proceed as if such change had not taken place.
17 (26) Each board of trustees is authorized to contract
18 for the purchase, sale, lease, license, or acquisition in any
19 manner (including purchase by installment or lease-purchase
20 contract which may provide for the payment of interest on the
21 unpaid portion of the purchase price and for the granting of a
22 security interest in the items purchased) of goods, materials,
23 equipment, and services required by the community college. The
24 board of trustees may choose to consolidate equipment
25 contracts under master equipment financing agreements made
26 pursuant to s. 287.064.
27 (27) Each board of trustees shall be responsible for
28 managing and protecting real and personal property acquired or
29 held in trust for use by and for the benefit of such community
30 college. To that end, any board of trustees is authorized to
31 be self-insured, to enter into risk management programs, or to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purchase insurance for whatever coverage it may choose, or to
2 have any combination thereof, in anticipation of any loss,
3 damage, or destruction. A board of trustees may contract for
4 self-insurance services pursuant to s. 1001.64(27).
5 (28) Each board of trustees is authorized to enter
6 into agreements for, and accept, credit card, charge card, and
7 debit card payments as compensation for goods, services,
8 tuition, and fees. Each community college is further
9 authorized to establish accounts in credit card, charge card,
10 and debit card banks for the deposit of sales invoices.
11 (29) Each board of trustees may provide incubator
12 facilities to eligible small business concerns pursuant to s.
13 1004.79.
14 (30) Each board of trustees may establish a technology
15 transfer center for the purpose of providing institutional
16 support to local business and industry and governmental
17 agencies in the application of new research in technology
18 pursuant to the provisions of s. 1004.78.
19 (31) Each board of trustees may establish economic
20 development centers for the purpose of serving as liaisons
21 between community colleges and the business sector pursuant to
22 the provisions of s. 1004.80.
23 (32) Each board of trustees may establish a child
24 development training center pursuant to s. 1004.81.
25 (33) Each board of trustees is authorized to develop
26 and produce work products relating to educational endeavors
27 that are subject to trademark, copyright, or patent statutes
28 pursuant to chapter 1004.
29 (34) Each board of trustees shall administer the
30 facilities program pursuant to chapter 1013, including but not
31 limited to: the construction of public educational and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 ancillary plants; the acquisition and disposal of property;
2 compliance with building and life safety codes; submission of
3 data and information relating to facilities and construction;
4 use of buildings and grounds; establishment of safety and
5 sanitation programs for the protection of building occupants;
6 and site planning and selection.
7 (35) Each board of trustees may exercise the right of
8 eminent domain pursuant to the provisions of chapter 1013.
9 (36) Each board of trustees may enter into
10 lease-purchase arrangements with private individuals or
11 corporations for necessary grounds and buildings for community
12 college purposes, other than dormitories, or for buildings
13 other than dormitories to be erected for community college
14 purposes. Such arrangements shall be paid from capital outlay
15 and debt service funds as provided by s. 1011.84(2), with
16 terms not to exceed 30 years at a stipulated rate. The
17 provisions of such contracts, including building plans, are
18 subject to approval by the Department of Education, and no
19 such contract may be entered into without such approval.
20 (37) Each board of trustees may purchase, acquire,
21 receive, hold, own, manage, lease, sell, dispose of, and
22 convey title to real property, in the best interests of the
23 community college.
24 (38) Each board of trustees is authorized to borrow
25 funds and incur debt, including entering into lease-purchase
26 agreements and the issuance of revenue bonds as specifically
27 authorized and only for the purposes authorized in ss.
28 1009.22(6) and (9) and 1009.23(11) and (12). At the option of
29 the board of trustees, bonds may be issued which are secured
30 by a combination of revenues authorized to be pledged to bonds
31 pursuant to ss. 1009.22(6) and 1009.23(11) or ss. 1009.22(9)
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and 1009.23(12). Lease-purchase agreements may be secured by a
2 combination of revenues as specifically authorized pursuant to
3 ss. 1009.22(7) and 1009.23(10).
4 (39) Each board of trustees shall prescribe conditions
5 for direct-support organizations to be certified and to use
6 community college property and services. Conditions relating
7 to certification must provide for audit review and oversight
8 by the board of trustees.
9 (40) Each board of trustees may adopt policies
10 pursuant to s. 1010.02 that provide procedures for
11 transferring to the direct-support organization of that
12 community college for administration by such organization
13 contributions made to the community college.
14 (41) The board of trustees shall exert every effort to
15 collect all delinquent accounts pursuant to s. 1010.03.
16 (42) Each board of trustees shall implement a plan, in
17 accordance with guidelines of the State Board of Education,
18 for working on a regular basis with the other community
19 college boards of trustees, representatives of the university
20 boards of trustees, and representatives of the district school
21 boards to achieve the goals of the seamless education system.
22 (43) Each board of trustees has responsibility for
23 compliance with state and federal laws, rules, regulations,
24 and requirements.
25 (44) Each board of trustees may adopt rules,
26 procedures, and policies related to institutional governance,
27 administration, and management in order to promote orderly and
28 efficient operation, including, but not limited to, financial
29 management, budget management, physical plant management, and
30 property management.
31 (45) Each board of trustees may adopt rules and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 procedures related to data or technology, including, but not
2 limited to, information systems, communications systems,
3 computer hardware and software, and networks.
4 (46) Each board of trustees may consider the past
5 actions of any person applying for employment and may deny
6 employment to a person because of misconduct if determined to
7 be in the best interest of the community college.
8 Section 81. Section 1001.65, Florida Statutes, is
9 created to read:
10 1001.65 Community college presidents; powers and
11 duties.--The president is the chief executive officer of the
12 community college, shall be corporate secretary of the
13 community college board of trustees, and is responsible for
14 the operation and administration of the community college.
15 Each community college president shall:
16 (1) Recommend the adoption of rules, as appropriate,
17 to the community college board of trustees to implement
18 provisions of law governing the operation and administration
19 of the community college, which shall include the specific
20 powers and duties enumerated in this section. Such rules shall
21 be consistent with law, the mission of the community college
22 and the rules and policies of the State Board of Education.
23 (2) Prepare a budget request and an operating budget
24 pursuant to s. 1011.30 for approval by the community college
25 board of trustees at such time and in such format as the State
26 Board of Education may prescribe.
27 (3) Establish and implement policies and procedures to
28 recruit, appoint, transfer, promote, compensate, evaluate,
29 reward, demote, discipline, and remove personnel, within law
30 and rules of the State Board of Education and in accordance
31 with rules or policies approved by the community college board
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of trustees.
2 (4) Govern admissions, subject to law and rules or
3 policies of the community college board of trustees and the
4 State Board of Education.
5 (5) Approve, execute, and administer contracts for and
6 on behalf of the community college board of trustees for
7 licenses; the acquisition or provision of commodities, goods,
8 equipment, and services; leases of real and personal property;
9 and planning and construction to be rendered to or by the
10 community college, provided such contracts are within law and
11 guidelines of the State Board of Education and in conformance
12 with policies of the community college board of trustees, and
13 are for the implementation of approved programs of the
14 community college.
15 (6) Act for the community college board of trustees as
16 custodian of all community college property and financial
17 resources. The authority vested in the community college
18 president under this subsection includes the authority to
19 prioritize the use of community college space, property,
20 equipment, and resources and the authority to impose charges
21 for the use of those items.
22 (7) Establish the internal academic calendar of the
23 community college within general guidelines of the State Board
24 of Education.
25 (8) Administer the community college's program of
26 intercollegiate athletics.
27 (9) Recommend to the board of trustees the
28 establishment and termination of programs within the approved
29 role and scope of the community college.
30 (10) Award degrees.
31 (11) Recommend to the board of trustees a schedule of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 tuition and fees to be charged by the community college,
2 within law and rules of the State Board of Education.
3 (12) Organize the community college to efficiently and
4 effectively achieve the goals of the community college.
5 (13) Review periodically the operations of the
6 community college in order to determine how effectively and
7 efficiently the community college is being administered and
8 whether it is meeting the goals of its strategic plan adopted
9 by the State Board of Education.
10 (14) Enter into agreements for student exchange
11 programs that involve students at the community college and
12 students in other institutions of higher learning.
13 (15) Approve the internal procedures of student
14 government organizations and provide purchasing, contracting,
15 and budgetary review processes for these organizations.
16 (16) Ensure compliance with federal and state laws,
17 rules, regulations, and other requirements that are applicable
18 to the community college.
19 (17) Maintain all data and information pertaining to
20 the operation of the community college, and report on the
21 attainment by the community college of institutional and
22 statewide performance accountability goals.
23 (18) Certify to the department a project's compliance
24 with the requirements for expenditure of PECO funds prior to
25 release of funds pursuant to the provisions of chapter 1013.
26 (19) Provide to the law enforcement agency and fire
27 department that has jurisdiction over the community college a
28 copy of the floor plans and other relevant documents for each
29 educational facility as defined in s. 1013.01(6). After the
30 initial submission of the floor plans and other relevant
31 documents, the community college president shall submit, by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 October 1 of each year, revised floor plans and other relevant
2 documents for each educational facility that was modified
3 during the preceding year.
4 (20) Establish a committee to consider requests for
5 waivers from the provisions of s. 1008.29 and approve or
6 disapprove the committee's recommendations.
7 (21) Develop and implement jointly with school
8 superintendents a comprehensive articulated acceleration
9 program, including a comprehensive interinstitutional
10 articulation agreement, for the students enrolled in their
11 respective school districts and service areas pursuant to the
12 provisions of s. 1007.235.
13 (22) Have authority, after notice to the student of
14 the charges and after a hearing thereon, to expel, suspend, or
15 otherwise discipline any student who is found to have violated
16 any law, ordinance, or rule or regulation of the State Board
17 of Education or of the board of trustees of the community
18 college pursuant to the provisions of s. 1006.62.
19 (23) Submit an annual employment accountability plan
20 to the Department of Education pursuant to the provisions of
21 s. 1012.86.
22 (24) Annually evaluate, or have a designee annually
23 evaluate, each department chairperson, dean, provost, and vice
24 president in achieving the annual and long-term goals and
25 objectives of the community college's employment
26 accountability plan.
27 (25) Have vested with the president or the president's
28 designee the authority that is vested with the community
29 college.
30 Section 82. Part IV of chapter 1001, Florida Statutes,
31 shall be entitled "State Universities" and shall consist of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 ss. 1001.71-1001.75.
2 Section 83. Section 1001.71, Florida Statutes, is
3 created to read:
4 1001.71 University boards of trustees; membership.--
5 (1) University boards of trustees shall be comprised
6 of 12 members appointed by the Governor and confirmed by the
7 Senate in the regular legislative session immediately
8 following his or her appointment. In addition, the student
9 body president elected on the main campus of the university
10 shall serve ex officio as a voting member of his or her
11 university board of trustees. There shall be no state
12 residency requirement for university board members, but the
13 Governor shall consider diversity and regional representation.
14 (2) Members of the boards of trustees shall receive no
15 compensation but may be reimbursed for travel and per diem
16 expenses as provided in s. 112.061.
17 (3) The Governor may remove a trustee upon the
18 recommendation of the State Board of Education, or for cause.
19 (4) Boards of trustees' members shall be appointed for
20 staggered 4-year terms, and may be reappointed for additional
21 terms not to exceed 8 years of service.
22 (5) Each board of trustees shall select its chair and
23 vice chair from the appointed members at its first regular
24 meeting after July 1. The chair shall serve for 2 years and
25 may be reselected for one additional consecutive term. The
26 duties of the chair shall include presiding at all meetings of
27 the board of trustees, calling special meetings of the board
28 of trustees, attesting to actions of the board of trustees,
29 and notifying the Governor in writing whenever a board member
30 fails to attend three consecutive regular board meetings in
31 any fiscal year, which failure may be grounds for removal. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 duty of the vice chair is to act as chair during the absence
2 or disability of the chair.
3 (6) The university president shall serve as executive
4 officer and corporate secretary of the board of trustees and
5 shall be responsible to the board of trustees for all
6 operations of the university and for setting the agenda for
7 meetings of the board of trustees in consultation with the
8 chair.
9 Section 84. Section 1001.72, Florida Statutes, is
10 created to read:
11 1001.72 University boards of trustees; boards to
12 constitute a corporation.--
13 (1) Each board of trustees shall be a public body
14 corporate by the name of "The (name of university) Board of
15 Trustees," with all the powers of a body corporate, including
16 the power to adopt a corporate seal, to contract and be
17 contracted with, to sue and be sued, to plead and be impleaded
18 in all courts of law or equity, and to give and receive
19 donations. In all suits against a board of trustees, service
20 of process shall be made on the chair of the board of trustees
21 or, in the absence of the chair, on the corporate secretary or
22 designee.
23 (2) It is the intent of the Legislature that the
24 university boards of trustees are not departments of the
25 executive branch of state government within the scope and
26 meaning of s. 6, Art. IV of the State Constitution.
27 (3) The corporation is constituted as a public
28 instrumentality, and the exercise by the corporation of the
29 power conferred by this section is considered to be the
30 performance of an essential public function. The corporation
31 shall constitute an agency for the purposes of s. 120.52. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 corporation is subject to chapter 119, subject to exceptions
2 applicable to the corporation, and to the provisions of
3 chapter 286; however, the corporation shall be entitled to
4 provide notice of internal review committee meetings for
5 competitive proposals or procurement to applicants by mail or
6 facsimile rather than by means of publication. The corporation
7 is not governed by chapter 607, but by the provisions of this
8 part.
9 (4) No bureau, department, division, agency, or
10 subdivision of the state shall exercise any responsibility and
11 authority to operate any state university except as
12 specifically provided by law or rules of the State Board of
13 Education. This section shall not prohibit any department,
14 bureau, division, agency, or subdivision of the state from
15 providing access to programs or systems or providing other
16 assistance to a state university pursuant to an agreement
17 between the board of trustees and such department, bureau,
18 division, agency, or subdivision of the state.
19 Section 85. Section 1001.73, Florida Statutes, is
20 created to read:
21 1001.73 University board empowered to act as
22 trustee.--
23 (1) Whenever appointed by any competent court of the
24 state, or by any statute, or in any will, deed, or other
25 instrument, or in any manner whatever as trustee of any funds
26 or real or personal property in which any of the institutions
27 or agencies under its management, control, or supervision, or
28 their departments or branches or students, faculty members,
29 officers, or employees, may be interested as beneficiaries, or
30 otherwise, or for any educational purpose, a university board
31 of trustees is hereby authorized to act as trustee with full
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 legal capacity as trustee to administer such trust property,
2 and the title thereto shall vest in said board as trustee. In
3 all such cases, the university board of trustees shall have
4 the power and capacity to do and perform all things as fully
5 as any individual trustee or other competent trustee might do
6 or perform, and with the same rights, privileges, and duties,
7 including the power, capacity, and authority to convey,
8 transfer, mortgage, or pledge such property held in trust and
9 to contract and execute all other documents relating to said
10 trust property which may be required for, or appropriate to,
11 the administration of such trust or to accomplish the purposes
12 of any such trust.
13 (2) Deeds, mortgages, leases, and other contracts of
14 the university board of trustees relating to real property of
15 any such trust or any interest therein may be executed by the
16 university board of trustees, as trustee, in the same manner
17 as is provided by the laws of the state for the execution of
18 similar documents by other corporations or may be executed by
19 the signatures of a majority of the members of the board of
20 trustees; however, to be effective, any such deed, mortgage,
21 or lease contract for more than 10 years of any trust
22 property, executed hereafter by the university board of
23 trustees, shall be approved by a resolution of the State Board
24 of Education; and such approving resolution may be evidenced
25 by the signature of either the chair or the secretary of the
26 State Board of Education to an endorsement on the instrument
27 approved, reciting the date of such approval, and bearing the
28 seal of the State Board of Education. Such signed and sealed
29 endorsement shall be a part of the instrument and entitled to
30 record without further proof.
31 (3) Any and all such appointments of, and acts by, the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Board of Regents as trustee of any estate, fund, or property
2 prior to May 18, 1949, are hereby validated, and said board's
3 capacity and authority to act as trustee subject to the
4 provisions of s. 1000.01(5)(a) in all of such cases is
5 ratified and confirmed; and all deeds, conveyances, lease
6 contracts, and other contracts heretofore executed by the
7 Board of Regents, either by the signatures of a majority of
8 the members of the board or in the board's name by its chair
9 or chief executive officer, are hereby approved, ratified,
10 confirmed, and validated.
11 (4) Nothing herein shall be construed to authorize a
12 university board of trustees to contract a debt on behalf of,
13 or in any way to obligate, the state; and the satisfaction of
14 any debt or obligation incurred by the university board as
15 trustee under the provisions of this section shall be
16 exclusively from the trust property, mortgaged or encumbered;
17 and nothing herein shall in any manner affect or relate to the
18 provisions of ss. 1010.61-1010.619, or s. 1013.78.
19 Section 86. Section 1001.74, Florida Statutes, is
20 created to read:
21 1001.74 Powers and duties of university boards of
22 trustees.--
23 (1) The boards of trustees shall be responsible for
24 cost-effective policy decisions appropriate to the
25 university's mission, the implementation and maintenance of
26 high quality education programs within law and rules of the
27 State Board of Education, the measurement of performance, the
28 reporting of information, and the provision of input regarding
29 state policy, budgeting, and education standards.
30 (2) Each board of trustees is vested with the
31 authority to govern its university, as necessary to provide
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 proper governance and improvement of the university in
2 accordance with law and with rules of the State Board of
3 Education. Each board of trustees shall perform all duties
4 assigned by law or by rule of the State Board of Education or
5 the Commissioner of Education.
6 (3) A board of trustees shall have the power to take
7 action without a recommendation from the president and shall
8 have the power to require the president to deliver to the
9 board of trustees all data and information required by the
10 board of trustees in the performance of its duties.
11 (4) Each board of trustees may adopt rules pursuant to
12 ss. 120.536(1) and 120.54 to implement the provisions of law
13 conferring duties upon it. Such rules must be consistent with
14 rules of the State Board of Education.
15 (5) Each board of trustees shall have the authority to
16 acquire real and personal property and contract for the sale
17 and disposal of same and approve and execute contracts for the
18 purchase, sale, lease, license, or acquisition of commodities,
19 goods, equipment, contractual services, leases of real and
20 personal property, and construction. The acquisition may
21 include purchase by installment or lease-purchase. Such
22 contracts may provide for payment of interest on the unpaid
23 portion of the purchase price. Title to all real property
24 acquired prior to January 7, 2003, and to all real property
25 acquired with funds appropriated by the Legislature shall be
26 vested in the Board of Trustees of the Internal Improvement
27 Trust Fund and shall be transferred and conveyed by it.
28 Notwithstanding any other provisions of this subsection, each
29 board of trustees shall comply with the provisions of s.
30 287.055 for the procurement of professional services as
31 defined therein.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (6) Each board of trustees shall have responsibility
2 for the use, maintenance, protection, and control of
3 university-owned or university-controlled buildings and
4 grounds, property and equipment, name, trademarks and other
5 proprietary marks, and the financial and other resources of
6 the university. Such authority may include placing
7 restrictions on activities and on access to facilities,
8 firearms, food, tobacco, alcoholic beverages, distribution of
9 printed materials, commercial solicitation, animals, and
10 sound. The authority vested in the board of trustees in this
11 subsection includes the prioritization of the use of space,
12 property, equipment, and resources and the imposition of
13 charges for those items.
14 (7) Each board of trustees has responsibility for the
15 establishment and discontinuance of degree programs up to and
16 including the master's degree level; the establishment and
17 discontinuance of course offerings; provision of credit and
18 noncredit educational offerings; location of classes; services
19 provided; and dissemination of information concerning such
20 programs and services. Approval of new programs must be
21 pursuant to criteria established by the State Board of
22 Education.
23 (8) Each board of trustees is authorized to create
24 divisions of sponsored research pursuant to the provisions of
25 s. 1011.411 to serve the function of administration and
26 promotion of the programs of research.
27 (9) Each board of trustees has responsibility for:
28 ensuring that students have access to general education
29 courses as identified in rule and requiring no more than 120
30 semester hours of coursework for baccalaureate degree programs
31 unless approved by the State Board of Education. At least half
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the required coursework for any baccalaureate degree must
2 be offered at the lower-division level, except in program
3 areas approved by the State Board of Education.
4 (10) Each board of trustees has responsibility for
5 policies related to students, enrollment of students, student
6 activities and organizations, financial assistance, and other
7 student services.
8 (a) Each board of trustees shall govern admission of
9 students pursuant to s. 1007.261 and rules of the State Board
10 of Education. Each board of trustees may consider the past
11 actions of any person applying for admission or enrollment and
12 may deny admission or enrollment to an applicant because of
13 misconduct if determined to be in the best interest of the
14 university.
15 (b) Each board of trustees shall establish student
16 performance standards for the award of degrees and
17 certificates.
18 (c) Each board of trustees must identify its core
19 curricula and work with school districts to ensure that its
20 curricula coordinate with the core curricula and prepare
21 students for college-level work.
22 (d) Each board of trustees must adopt a written
23 antihazing policy, appropriate penalties for violations of
24 such policy, and a program for enforcing such policy.
25 (e) Each board of trustees may establish a uniform
26 code of conduct and appropriate penalties for violations of
27 its rules by students and student organizations, including
28 rules governing student academic honesty. Such penalties,
29 unless otherwise provided by law, may include fines, the
30 withholding of diplomas or transcripts pending compliance with
31 rules or payment of fines, and the imposition of probation,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 suspension, or dismissal.
2 (f) Each board of trustees shall establish a
3 committee, at least one-half of the members of which shall be
4 students appointed by the student body president, to
5 periodically review and evaluate the student judicial system.
6 (g) Each board of trustees must adopt a policy
7 pursuant to s. 1006.53 that reasonably accommodates the
8 religious observance, practice, and belief of individual
9 students in regard to admissions, class attendance, and the
10 scheduling of examinations and work assignments.
11 (h) A board of trustees may establish
12 intrainstitutional and interinstitutional programs to maximize
13 articulation pursuant to s. 1007.22.
14 (i) Each board of trustees shall approve the internal
15 procedures of student government organizations.
16 (11) Each board of trustees shall establish fees
17 pursuant to ss. 1009.24 and 1009.26.
18 (12) Each board of trustees shall submit an
19 institutional budget request, including a request for fixed
20 capital outlay, and an operating budget to the State Board of
21 Education for approval in accordance with guidelines
22 established by the State Board of Education.
23 (13) Each board of trustees shall account for
24 expenditures of all state, local, federal, and other funds in
25 the manner described by the Department of Education.
26 (14) Each board of trustees shall develop a strategic
27 plan specifying institutional goals and objectives for the
28 university for recommendation to the State Board of Education.
29 (15) Each board of trustees shall develop an
30 accountability plan pursuant to guidelines established by the
31 State Board of Education.
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1 (16) Each board of trustees shall maintain an
2 effective information system to provide accurate, timely, and
3 cost-effective information about the university.
4 (17) Each board of trustees is authorized to secure
5 comprehensive general liability insurance pursuant to s.
6 1004.24.
7 (18) Each board of trustees may provide for payment of
8 the costs of civil actions against officers, employees, or
9 agents of the board pursuant to s. 1012.965.
10 (19) Each board of trustees shall establish the
11 personnel program for all employees of the university,
12 including the president, pursuant to the provisions of chapter
13 1012 and, in accordance with rules and guidelines of the State
14 Board of Education, including: compensation and other
15 conditions of employment, recruitment and selection,
16 nonreappointment, standards for performance and conduct,
17 evaluation, benefits and hours of work, leave policies,
18 recognition and awards, inventions and works, travel, learning
19 opportunities, exchange programs, academic freedom and
20 responsibility, promotion, assignment, demotion, transfer,
21 tenure and permanent status, ethical obligations and conflicts
22 of interest, restrictive covenants, disciplinary actions,
23 complaints, appeals and grievance procedures, and separation
24 and termination from employment.
25 (20) Each board of trustees may consider the past
26 actions of any person applying for employment and may deny
27 employment to a person because of misconduct if determined to
28 be in the best interest of the university.
29 (21) Each board of trustees shall appoint a
30 presidential search committee to make recommendations to the
31 full board of trustees, from which the board of trustees may
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1 select a candidate for ratification by the State Board of
2 Education.
3 (22) Each board of trustees shall conduct an annual
4 evaluation of the president in accordance with rules of the
5 State Board of Education and submit such evaluations to the
6 State Board of Education for review. The evaluation must
7 address the achievement of the performance goals established
8 by the accountability process implemented pursuant to s.
9 1008.46 and the performance of the president in achieving the
10 annual and long-term goals and objectives established in the
11 institution's employment equity accountability program
12 implemented pursuant to s. 1012.95.
13 (23) Each board of trustees constitutes the
14 contracting agent of the university.
15 (24) Each board of trustees may enter into agreements
16 for, and accept, credit card payments as compensation for
17 goods, services, tuition, and fees.
18 (25) Each board of trustees may establish educational
19 research centers for child development pursuant to s. 1011.48.
20 (26) Each board of trustees may develop and produce
21 work products relating to educational endeavors that are
22 subject to trademark, copyright, or patent statutes pursuant
23 to s. 1004.23.
24 (27) Each board of trustees shall submit to the State
25 Board of Education, for approval, all new campuses and
26 instructional centers.
27 (28) Each board of trustees shall administer a program
28 for the maintenance and construction of facilities pursuant to
29 chapter 1013.
30 (29) Each board of trustees shall ensure compliance
31 with the provisions of s. 287.09451 for all procurement and
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 ss. 255.101 and 255.102 for construction contracts, and rules
2 adopted pursuant thereto, relating to the utilization of
3 minority business enterprises, except that procurements
4 costing less than the amount provided for in CATEGORY FIVE as
5 provided in s. 287.017 shall not be subject to s. 287.09451.
6 (30) Each board of trustees may exercise the right of
7 eminent domain pursuant to the provisions of chapter 1013. Any
8 suits or actions brought by the board of trustees shall be
9 brought in the name of the board of trustees, and the
10 Department of Legal Affairs shall conduct the proceedings for,
11 and act as the counsel of, the board of trustees.
12 (31) Notwithstanding the provisions of s. 253.025,
13 each board of trustees may, with the consent of the Board of
14 Trustees of the Internal Improvement Trust Fund, sell, convey,
15 transfer, exchange, trade, or purchase real property and
16 related improvements necessary and desirable to serve the
17 needs and purposes of the university.
18 (a) The board of trustees may secure appraisals and
19 surveys. The board of trustees shall comply with the rules of
20 the Board of Trustees of the Internal Improvement Trust Fund
21 in securing appraisals. Whenever the board of trustees finds
22 it necessary for timely property acquisition, it may contract,
23 without the need for competitive selection, with one or more
24 appraisers whose names are contained on the list of approved
25 appraisers maintained by the Division of State Lands in the
26 Department of Environmental Protection.
27 (b) The board of trustees may negotiate and enter into
28 an option contract before an appraisal is obtained. The option
29 contract must state that the final purchase price may not
30 exceed the maximum value allowed by law. The consideration for
31 such an option contract may not exceed 10 percent of the
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 estimate obtained by the board of trustees or 10 percent of
2 the value of the parcel, whichever is greater, unless
3 otherwise authorized by the board of trustees.
4 (c) This subsection is not intended to abrogate in any
5 manner the authority delegated to the Board of Trustees of the
6 Internal Improvement Trust Fund or the Division of State Lands
7 to approve a contract for purchase of state lands or to
8 require policies and procedures to obtain clear legal title to
9 parcels purchased for state purposes. Title to property
10 acquired by a university board of trustees prior to January 7,
11 2003, and to property acquired with funds appropriated by the
12 Legislature shall vest in the Board of Trustees of the
13 Internal Improvement Trust Fund.
14 (32) Each board of trustees shall prepare and adopt a
15 campus master plan pursuant to s. 1013.30.
16 (33) Each board of trustees shall prepare, adopt, and
17 execute a campus development agreement pursuant to s. 1013.30.
18 (34) Each board of trustees has responsibility for
19 compliance with state and federal laws, rules, regulations,
20 and requirements.
21 (35) Each board of trustees may govern traffic on the
22 grounds of that campus pursuant to s. 1006.66.
23 (36) A board of trustees has responsibility for
24 supervising faculty practice plans for the academic health
25 science centers.
26 (37) Each board of trustees shall prescribe conditions
27 for direct-support organizations and university health
28 services support organizations to be certified and to use
29 university property and services. Conditions relating to
30 certification must provide for audit review and oversight by
31 the board of trustees.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (38) Each board of trustees shall actively implement a
2 plan, in accordance with guidelines of the State Board of
3 Education, for working on a regular basis with the other
4 university boards of trustees, representatives of the
5 community college boards of trustees, and representatives of
6 the district school boards, to achieve the goals of the
7 seamless education system.
8 (39) Notwithstanding the provisions of s. 216.351, a
9 board of trustees may authorize the rent or lease of parking
10 facilities, provided that such facilities are funded through
11 parking fees or parking fines imposed by a university. A board
12 of trustees may authorize a university to charge fees for
13 parking at such rented or leased parking facilities.
14 (40) Each board of trustees may adopt rules and
15 procedures related to data and technology, including
16 information systems, communications systems, computer hardware
17 and software, and networks.
18 (41) A board of trustees shall perform such other
19 duties as are provided by law or rule of the State Board of
20 Education.
21 Section 87. Section 1001.75, Florida Statutes, is
22 created to read:
23 1001.75 University presidents; powers and duties.--The
24 president is the chief executive officer of the state
25 university, shall be corporate secretary of the university
26 board of trustees, and is responsible for the operation and
27 administration of the university. Each state university
28 president shall:
29 (1) Recommend the adoption of rules, as appropriate,
30 to the university board of trustees to implement provisions of
31 law governing the operation and administration of the
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 university, which shall include the specific powers and duties
2 enumerated in this section. Such rules shall be consistent
3 with the mission of the university and the rules and policies
4 of the State Board of Education.
5 (2) Prepare a budget request and an operating budget
6 for approval by the university board of trustees.
7 (3) Establish and implement policies and procedures to
8 recruit, appoint, transfer, promote, compensate, evaluate,
9 reward, demote, discipline, and remove personnel, within law
10 and rules of the State Board of Education and in accordance
11 with rules or policies approved by the university board of
12 trustees.
13 (4) Govern admissions, subject to law and rules or
14 policies of the university board of trustees and the State
15 Board of Education.
16 (5) Approve, execute, and administer contracts for and
17 on behalf of the university board of trustees for licenses;
18 the acquisition or provision of commodities, goods, equipment,
19 and services; leases of real and personal property; and
20 planning and construction to be rendered to or by the
21 university, provided such contracts are within law and rules
22 of the State Board of Education and in conformance with
23 policies of the university board of trustees, and are for the
24 implementation of approved programs of the university.
25 University presidents shall comply with the provisions of s.
26 287.055 for the procurement of professional services and may
27 approve and execute all contracts on behalf of the board of
28 trustees for planning, construction, and equipment. For the
29 purposes of a university president's contracting authority, a
30 "continuing contract" for professional services under the
31 provisions of s. 287.055 is one in which construction costs do
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Amendment No. ___ (for drafter's use only)
1 not exceed $1 million or the fee for study activity does not
2 exceed $100,000.
3 (6) Act for the university board of trustees as
4 custodian of all university property.
5 (7) Establish the internal academic calendar of the
6 university within general guidelines of the State Board of
7 Education.
8 (8) Administer the university's program of
9 intercollegiate athletics.
10 (9) Recommend to the board of trustees the
11 establishment and termination of undergraduate and
12 master's-level degree programs within the approved role and
13 scope of the university.
14 (10) Award degrees.
15 (11) Recommend to the board of trustees a schedule of
16 tuition and fees to be charged by the university, within law
17 and rules of the State Board of Education.
18 (12) Organize the university to efficiently and
19 effectively achieve the goals of the university.
20 (13) Review periodically the operations of the
21 university in order to determine how effectively and
22 efficiently the university is being administered and whether
23 it is meeting the goals of its strategic plan adopted by the
24 State Board of Education.
25 (14) Enter into agreements for student exchange
26 programs that involve students at the university and students
27 in other postsecondary educational institutions.
28 (15) Provide purchasing, contracting, and budgetary
29 review processes for student government organizations.
30 (16) Ensure compliance with federal and state laws,
31 rules, regulations, and other requirements that are applicable
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1 to the university.
2 (17) Maintain all data and information pertaining to
3 the operation of the university, and report on the attainment
4 by the university of institutional and statewide performance
5 accountability goals.
6 (18) Adjust property records and dispose of
7 state-owned tangible personal property in the university's
8 custody in accordance with procedures established by the
9 university board of trustees. Notwithstanding the provisions
10 of s. 273.055(5), all moneys received from the disposition of
11 state-owned tangible personal property shall be retained by
12 the university and disbursed for the acquisition of tangible
13 personal property and for all necessary operating
14 expenditures. The university shall maintain records of the
15 accounts into which such moneys are deposited.
16 (19) Have vested with the president or the president's
17 designee the powers, duties, and authority that is vested with
18 the university.
19 Section 88. Chapter 1002, Florida Statutes, shall be
20 entitled "Student and Parental Rights and Educational Choices"
21 and shall consist of ss. 1002.01-1002.44.
22 Section 89. Part I of chapter 1002, Florida Statutes,
23 shall be entitled "General Provisions" and shall consist of s.
24 1002.01.
25 Section 90. Section 1002.01, Florida Statutes, is
26 created to read:
27 1002.01 Definitions.--
28 (1) A "home education program" means the sequentially
29 progressive instruction of a student directed by his or her
30 parent in order to satisfy the attendance requirements of ss.
31 1002.41, 1003.01(4), and 1003.21(1).
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Amendment No. ___ (for drafter's use only)
1 (2) A "private school" is a nonpublic school defined
2 as an individual, association, copartnership, or corporation,
3 or department, division, or section of such organizations,
4 that designates itself as an educational center that includes
5 kindergarten or a higher grade or as an elementary, secondary,
6 business, technical, or trade school below college level or
7 any organization that provides instructional services that
8 meet the intent of s. 1003.01(14) or that gives preemployment
9 or supplementary training in technology or in fields of trade
10 or industry or that offers academic, literary, or career and
11 technical training below college level, or any combination of
12 the above, including an institution that performs the
13 functions of the above schools through correspondence or
14 extension, except those licensed under the provisions of
15 chapter 1005. A private school may be a parochial, religious,
16 denominational, for-profit, or nonprofit school. This
17 definition does not include home education programs conducted
18 in accordance with s. 1002.41.
19 Section 91. Part II of chapter 1002, Florida Statutes,
20 shall be entitled "Student and Parental Rights" and shall
21 consist of ss. 1002.20-1002.22.
22 Section 92. Section 1002.20, Florida Statutes, is
23 created to read:
24 1002.20 K-12 student and parent rights.--K-12 students
25 and their parents are afforded numerous statutory rights
26 including, but not limited to, the following:
27 (1) SYSTEM OF EDUCATION.--In accordance with s. 1,
28 Art. IX of the State Constitution, all K-12 public school
29 students are entitled to a uniform, safe, secure, efficient,
30 and high quality system of education, one that allows students
31 the opportunity to obtain a high quality education. Parents
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Bill No. CS for CS for SB 1564, 1st Eng.
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1 are responsible to ready their children for school; however,
2 the State of Florida cannot be the guarantor of each
3 individual student's success.
4 (2) ATTENDANCE.--
5 (a) Compulsory school attendance.--The compulsory
6 school attendance laws apply to all children between the ages
7 of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),
8 and, in accordance with the provisions of s. 1003.21(1) and
9 (2)(a):
10 1. A student who attains the age of 16 years during
11 the school year has the right to file a formal declaration of
12 intent to terminate school enrollment if the declaration is
13 signed by the parent. The parent has the right to be notified
14 by the school district of the district's receipt of the
15 student's declaration of intent to terminate school
16 enrollment.
17 2. Students who become or have become married or who
18 are pregnant and parenting have the right to attend school and
19 receive the same or equivalent educational instruction as
20 other students.
21 (b) Regular school attendance.--Parents of students
22 who have attained the age of 6 years by February 1 of any
23 school year but who have not attained the age of 16 years must
24 comply with the compulsory school attendance laws. Parents
25 have the option to comply with the school attendance laws by
26 attendance of the student in a public school; a parochial,
27 religious, or denominational school; a private school; a home
28 education program; or a private tutoring program, in
29 accordance with the provisions of s. 1003.01(14).
30 (c) Absence for religious purposes.--A parent of a
31 public school student may request and be granted permission
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Bill No. CS for CS for SB 1564, 1st Eng.
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1 for absence of the student from school for religious
2 instruction or religious holidays, in accordance with the
3 provisions of s. 1003.21(2)(b).
4 (d) Dropout prevention and academic intervention
5 programs.--The parent of a public school student has the right
6 to receive written notice by certified mail prior to placement
7 of the student in a dropout prevention and academic
8 intervention program and shall be notified in writing and
9 entitled to an administrative review of any action by school
10 personnel relating to the student's placement, in accordance
11 with the provisions of s. 1003.53(5).
12 (3) HEALTH ISSUES.--
13 (a) School-entry health examinations.--The parent of
14 any child attending a public or private school shall be exempt
15 from the requirement of a health examination upon written
16 request stating objections on religious grounds in accordance
17 with the provisions of s. 1003.22(1) and (2).
18 (b) Immunizations.--The parent of any child attending
19 a public or private school shall be exempt from the school
20 immunization requirements upon meeting any of the exemptions
21 in accordance with the provisions of s. 1003.22(5).
22 (c) Biological experiments.--Parents may request that
23 their child be excused from performing surgery or dissection
24 in biological science classes in accordance with the
25 provisions of s. 1003.47.
26 (d) Reproductive health and disease education.--A
27 public school student whose parent makes written request to
28 the school principal shall be exempted from the teaching of
29 reproductive health or any disease, including HIV/AIDS, in
30 accordance with the provisions of s. 1003.42(3).
31 (e) Contraceptive services to public school
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Bill No. CS for CS for SB 1564, 1st Eng.
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1 students.--In accordance with the provisions of s.
2 1006.062(7), students may not be referred to or offered
3 contraceptive services at school facilities without the
4 parent's consent.
5 (f) Career and technical education courses involving
6 hazardous substances.--High school students must be given
7 plano safety glasses or devices in career and technical
8 education courses involving the use of hazardous substances
9 likely to cause eye injury, in accordance with the provisions
10 of s. 1006.65.
11 (g) Substance abuse reports.--The parent of a public
12 school student must be timely notified of any verified report
13 of a substance abuse violation by the student, in accordance
14 with the provisions of s. 1006.09(8).
15 (h) Inhaler use.--Asthmatic students whose parent and
16 physician provide their approval to the school principal may
17 carry a metered dose inhaler on their person while in school.
18 The school principal shall be provided a copy of the parent's
19 and physician's approval.
20 (4) DISCIPLINE.--
21 (a) Suspension of public school student.--In
22 accordance with the provisions of s. 1006.09(1)-(4):
23 1. A student may be suspended only as provided by rule
24 of the district school board. A good faith effort must be made
25 to immediately inform the parent by telephone of the student's
26 suspension and the reason. Each suspension and the reason
27 must be reported in writing within 24 hours to the parent by
28 U.S. mail. A good faith effort must be made to use parental
29 assistance before suspension unless the situation requires
30 immediate suspension.
31 2. A student with a disability may only be recommended
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for suspension or expulsion in accordance with State Board of
2 Education rules.
3 (b) Expulsion.--Public school students and their
4 parents have the right to written notice of a recommendation
5 of expulsion, including the charges against the student and a
6 statement of the right of the student to due process, in
7 accordance with the provisions of s. 1001.51(8).
8 (c) Corporal punishment.--In accordance with the
9 provisions of s. 1003.32, corporal punishment of a public
10 school student may only be administered by a teacher or school
11 principal within guidelines of the school principal and
12 according to district school board policy. Another adult must
13 be present and must be informed in the student's presence of
14 the reason for the punishment. Upon request, the teacher or
15 school principal must provide the parent with a written
16 explanation of the reason for the punishment and the name of
17 the other adult who was present.
18 (5) SAFETY.--In accordance with the provisions of s.
19 1006.13(5), students who have been victims of certain felony
20 offenses by other students, as well as the siblings of the
21 student victims, have the right to be kept separated from the
22 student offender both at school and during school
23 transportation.
24 (6) EDUCATIONAL CHOICE.--
25 (a) Public school choices.--Parents of public school
26 students may seek whatever public school choice options that
27 are applicable to their students and are available to students
28 in their school districts. These options may include
29 controlled open enrollment, lab schools, charter schools,
30 charter technical career centers, magnet schools, alternative
31 schools, special programs, advanced placement, dual
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 enrollment, International Baccalaureate, early admissions,
2 credit by examination or demonstration of competency, the New
3 World School of the Arts, the Florida School for the Deaf and
4 the Blind, and the Florida Virtual School. These options may
5 also include the public school choice options of the
6 Opportunity Scholarship Program and the McKay Scholarships for
7 Students with Disabilities Program.
8 (b) Private school choices.--Parents of public school
9 students may seek private school choice options under certain
10 programs.
11 1. Under the Opportunity Scholarship Program, the
12 parent of a student in a failing public school may request and
13 receive an opportunity scholarship for the student to attend a
14 private school in accordance with the provisions of s.
15 1002.38.
16 2. Under the McKay Scholarships for Students with
17 Disabilities Program, the parent of a public school student
18 with a disability who is dissatisfied with the student's
19 progress may request and receive a McKay Scholarship for the
20 student to attend a private school in accordance with the
21 provisions of s. 1002.39.
22 3. Under the corporate income tax credit scholarship
23 program, the parent of a student who qualifies for free or
24 reduced-price school lunch may seek a scholarship from an
25 eligible nonprofit scholarship-funding organization in
26 accordance with the provisions of s. 220.187.
27 (c) Home education.--The parent of a student may
28 choose to place the student in a home education program in
29 accordance with the provisions of s. 1002.41.
30 (d) Private tutoring.--The parent of a student may
31 choose to place the student in a private tutoring program in
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 accordance with the provisions of s. 1002.43(1).
2 (7) NONDISCRIMINATION.--All education programs,
3 activities, and opportunities offered by public educational
4 institutions must be made available without discrimination on
5 the basis of race, ethnicity, national origin, gender,
6 disability, or marital status, in accordance with the
7 provisions of s. 1000.05.
8 (8) STUDENTS WITH DISABILITIES.--Parents of public
9 school students with disabilities and parents of public school
10 students in residential care facilities are entitled to notice
11 and due process in accordance with the provisions of ss.
12 1003.57 and 1003.58. Public school students with disabilities
13 must be provided the opportunity to meet the graduation
14 requirements for a standard high school diploma in accordance
15 with the provisions of s. 1003.43(4). Certain public school
16 students with disabilities may be awarded a special diploma
17 upon high school graduation.
18 (9) BLIND STUDENTS.--Blind students have the right to
19 an individualized written education program and appropriate
20 instructional materials to attain literacy, in accordance with
21 provisions of s. 1003.55.
22 (10) LIMITED ENGLISH PROFICIENT STUDENTS.--In
23 accordance with the provisions of s. 1003.56, limited English
24 proficient students have the right to receive ESOL (English
25 for Speakers of Other Languages) instruction designed to
26 develop the student's mastery of listening, speaking, reading,
27 and writing in English as rapidly as possible, and the
28 students' parents have the right of parental involvement in
29 the ESOL program.
30 (11) BASIC RELIGIOUS FREEDOMS.--In accordance with the
31 joint statement of current case law by the American Jewish
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Congress, the ACLU, the Anti-Defamation League, and others:
2 (a) Right to pray.--Students have the right to pray
3 individually or in groups or to discuss their religious views
4 with their peers so long as they are not disruptive.
5 (b) Right to express.--Students may express their
6 religious beliefs in the form of reports, homework, and
7 artwork, and such expressions are constitutionally protected.
8 Teachers may not reject or correct such submissions simply
9 because they include a religious symbol or address religious
10 themes.
11 (c) Right to distribute.--Students have the right to
12 distribute religious literature to their schoolmates, subject
13 to those reasonable time, place, and manner or other
14 constitutionally acceptable restrictions imposed on the
15 distribution of all nonschool literature.
16 (d) Right to participate.--Student participation in
17 before-school or after-school events, such as "See you at the
18 pole," is permissible.
19 (e) Right to speak.--Students have the right to speak
20 to, and attempt to persuade, their peers about religious
21 topics just as they do with regard to political topics.
22 (f) Right to meet.--Student religious clubs in
23 secondary schools must be permitted to meet and to have equal
24 access to campus media to announce their meetings if a school
25 receives federal funds and permits any student noncurricular
26 club to meet during noninstructional time.
27 (12) PLEDGE OF ALLEGIANCE.--A public school student
28 must be excused from reciting the pledge of allegiance upon
29 written request by the student's parent, in accordance with
30 the provisions of s. 1003.44.
31 (13) STUDENT RECORDS.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) Parent rights.--Parents have rights regarding the
2 student records of their children, including right of access,
3 right of waiver of access, right to challenge and hearing, and
4 right of privacy, in accordance with the provisions of s.
5 1002.22.
6 (b) Student rights.--In accordance with the provisions
7 of s. 1008.386, a student is not required to provide his or
8 her social security number as a condition for enrollment or
9 graduation.
10 (14) STUDENT REPORT CARDS.--Students and their parents
11 have the right to receive student report cards on a regular
12 basis that clearly depict and grade the student's academic
13 performance in each class or course, the student's conduct,
14 and the student's attendance, in accordance with the
15 provisions of s. 1003.33.
16 (15) STUDENT PROGRESS REPORTS.--Parents of public
17 school students shall be apprised at regular intervals of the
18 academic progress and other needed information regarding their
19 child, in accordance with the provisions of s. 1003.02(1)(h)2.
20 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT
21 RATING REPORTS.--Parents of public school students are
22 entitled to an easy-to-read report card about the grade
23 designation, school accountability including the school
24 financial report, and school improvement rating of their
25 child's school in accordance with the provisions of ss.
26 1008.22, 1003.02(3), and 1010.215(5).
27 (17) ATHLETICS; PUBLIC HIGH SCHOOL.--
28 (a) Eligibility.--Eligibility requirements for all
29 students participating in high school athletic competition
30 must allow a student to be eligible in the school in which he
31 or she first enrolls each school year, or makes himself or
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1 herself a candidate for an athletic team by engaging in
2 practice before enrolling, in accordance with the provisions
3 of s. 1006.20(2)(a).
4 (b) Medical evaluation.--Students must satisfactorily
5 pass a medical evaluation each year before participating in
6 athletics, unless the parent objects in writing based on
7 religious tenets or practices, in accordance with the
8 provisions of s. 1006.20(2)(d).
9 (18) EXTRACURRICULAR ACTIVITIES.--In accordance with
10 the provisions of s. 1006.15:
11 (a) Eligibility.--Students who meet specified academic
12 and conduct requirements are eligible to participate in
13 extracurricular activities.
14 (b) Home education students.--Home education students
15 who meet specified academic and conduct requirements are
16 eligible to participate in extracurricular activities at the
17 public school to which the student would be assigned or could
18 choose to attend according to district school board policies,
19 or may develop an agreement to participate at a private
20 school.
21 (c) Charter school students.--Charter school students
22 who meet specified academic and conduct requirements are
23 eligible to participate in extracurricular activities at the
24 public school to which the student would be assigned or could
25 choose to attend according to district school board policies,
26 unless such activity is provided by the student's charter
27 school.
28 (d) Discrimination prohibited.--Organizations that
29 regulate or govern extracurricular activities of public
30 schools shall not discriminate against any eligible student
31 based on an educational choice of public, private, or home
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1 education.
2 (19) INSTRUCTIONAL MATERIALS.--
3 (a) Core courses.--Each public school student is
4 entitled to sufficient instructional materials in the core
5 courses of mathematics, language arts, social studies,
6 science, reading, and literature, in accordance with the
7 provisions of ss. 1003.02(1)(d) and 1006.40(2).
8 (b) Curricular objectives.--The parent of each public
9 school student has the right to receive effective
10 communication from the school principal as to the manner in
11 which instructional materials are used to implement the
12 school's curricular objectives, in accordance with the
13 provisions of s. 1006.28(3)(a).
14 (c) Sale of instructional materials.--Upon request of
15 the parent of a public school student, the school principal
16 must sell to the parent any instructional materials used in
17 the school, in accordance with the provisions of s.
18 1006.28(3)(c).
19 (d) Dual enrollment students.--Instructional materials
20 purchased by a district school board or community college
21 board of trustees on behalf of public school dual enrollment
22 students shall be made available to the dual enrollment
23 students free of charge, in accordance with the provisions of
24 s. 1007.271(14) and (15).
25 (20) JUVENILE JUSTICE PROGRAMS.--Students who are in
26 juvenile justice programs have the right to receive
27 educational programs and services in accordance with the
28 provisions of s. 1003.52.
29 (21) PARENTAL INPUT AND MEETINGS.--
30 (a) Meetings with school district personnel.--Parents
31 of public school students may be accompanied by another adult
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1 of their choice at any meeting with school district personnel.
2 (b) School district best financial management practice
3 reviews.--Public school students and their parents may provide
4 input regarding their concerns about the operations and
5 management of the school district both during and after the
6 conduct of a school district best financial management
7 practices review, in accordance with the provisions of s.
8 1008.35.
9 (c) District school board educational facilities
10 programs.--Parents of public school students and other members
11 of the public have the right to receive proper public notice
12 and opportunity for public comment regarding the district
13 school board's educational facilities work program, in
14 accordance with the provisions of s. 1013.35.
15 (22) TRANSPORTATION.--
16 (a) Transportation to school.--Public school students
17 shall be provided transportation to school, in accordance with
18 the provisions of s. 1006.21(3)(a).
19 (b) Hazardous walking conditions.--K-6 public school
20 students shall be provided transportation if they are
21 subjected to hazardous walking conditions, in accordance with
22 the provisions of ss. 1006.21(3)(b) and 1006.23.
23 (c) Parental consent.--Each parent of a public school
24 student must be notified in writing and give written consent
25 before the student may be transported in a privately owned
26 motor vehicle to a school function, in accordance with the
27 provisions of s. 1006.22(2)(b).
28 Section 93. Section 1002.21, Florida Statutes, is
29 created to read:
30 1002.21 Postsecondary student and parent rights.--
31 (1) STUDENT RECORDS.--Parents have rights regarding
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1 the student records of their children, and students 18 years
2 of age and older have rights regarding their student records,
3 including right of access, right of waiver of access, right to
4 challenge and hearing, and right of privacy, in accordance
5 with the provisions of ss. 1002.22, 1005.36, and 1006.52.
6 (2) LEARNING DISABLED STUDENTS.--Impaired and learning
7 disabled students may be eligible for reasonable substitution
8 for admission, graduation, and upper-level division
9 requirements of public postsecondary educational institutions,
10 in accordance with the provisions of s. 1007.264.
11 (3) EXPULSION, SUSPENSION, DISCIPLINE.--Public
12 postsecondary education students may be expelled, suspended,
13 or otherwise disciplined by the president of a public
14 postsecondary educational institution after notice to the
15 student of the charges and a hearing on the charges, in
16 accordance with the provisions of s. 1006.62.
17 (4) RELIGIOUS BELIEFS.--Public postsecondary
18 educational institutions must provide reasonable
19 accommodations for the religious practices and beliefs of
20 individual students in regard to admissions, class attendance,
21 and the scheduling of examinations and work assignments, in
22 accordance with the provisions of s. 1006.53, and must provide
23 and describe in the student handbook a grievance procedure for
24 students to seek redress when they feel they have been
25 unreasonably denied an educational benefit due to their
26 religious beliefs or practices.
27 (5) STUDENT HANDBOOKS.--Each state university and
28 community college shall provide its students with an
29 up-to-date student handbook that includes student rights and
30 responsibilities, appeals processes available to students,
31 contact persons available to help students, student conduct
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1 code, and information regarding HIV and AIDS, in accordance
2 with the provisions of s. 1006.50.
3 (6) STUDENT OMBUDSMAN OFFICE.--Each state university
4 and community college shall maintain a student ombudsman
5 office and established procedures for students to appeal to
6 the office regarding decisions about the student's access to
7 courses and credit granted toward the student's degree, in
8 accordance with the provisions of s. 1006.51.
9 Section 94. Section 1002.22, Florida Statutes, is
10 created to read:
11 1002.22 Student records and reports; rights of parents
12 and students; notification; penalty.--
13 (1) PURPOSE.--The purpose of this section is to
14 protect the rights of students and their parents with respect
15 to student records and reports as created, maintained, and
16 used by public educational institutions in the state. The
17 intent of the Legislature is that students and their parents
18 shall have rights of access, rights of challenge, and rights
19 of privacy with respect to such records and reports, and that
20 rules shall be available for the exercise of these rights.
21 (2) DEFINITIONS.--As used in this section:
22 (a) "Chief executive officer" means that person,
23 whether elected or appointed, who is responsible for the
24 management and administration of any public educational body
25 or unit, or the chief executive officer's designee for student
26 records; that is, the district school superintendent, the
27 director of an area technical center, the president of a
28 public postsecondary educational institution, or their
29 designees.
30 (b) "Directory information" includes the student's
31 name, address, telephone number if it is a listed number, date
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1 and place of birth, major field of study, participation in
2 officially recognized activities and sports, weight and height
3 of members of athletic teams, dates of attendance, degrees and
4 awards received, and the most recent previous educational
5 agency or institution attended by the student.
6 (c) "Records" and "reports" mean official records,
7 files, and data directly related to students that are created,
8 maintained, and used by public educational institutions,
9 including all material that is incorporated into each
10 student's cumulative record folder and intended for school use
11 or to be available to parties outside the school or school
12 system for legitimate educational or research purposes.
13 Materials that shall be considered as part of a student's
14 record include, but are not necessarily limited to:
15 identifying data, including a student's social security
16 number; academic work completed; level of achievement records,
17 including grades and standardized achievement test scores;
18 attendance data; scores on standardized intelligence,
19 aptitude, and psychological tests; interest inventory results;
20 health data; family background information; teacher or
21 counselor ratings and observations; verified reports of
22 serious or recurrent behavior patterns; and any other
23 evidence, knowledge, or information recorded in any medium,
24 including, but not limited to, handwriting, typewriting,
25 print, magnetic tapes, film, microfilm, and microfiche, and
26 maintained and used by an educational agency or institution or
27 by a person acting for such agency or institution. However,
28 the terms "records" and "reports" do not include:
29 1. Records of instructional, supervisory, and
30 administrative personnel, and educational personnel ancillary
31 to those persons, that are kept in the sole possession of the
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1 maker of the record and are not accessible or revealed to any
2 other person except a substitute for any of such persons. An
3 example of records of this type is instructor's grade books.
4 2. Records of law enforcement units of the institution
5 that are maintained solely for law enforcement purposes and
6 that are not available to persons other than officials of the
7 institution or law enforcement officials of the same
8 jurisdiction in the exercise of that jurisdiction.
9 3. Records made and maintained by the institution in
10 the normal course of business that relate exclusively to a
11 student in his or her capacity as an employee and that are not
12 available for use for any other purpose.
13 4. Records created or maintained by a physician,
14 psychiatrist, psychologist, or other recognized professional
15 or paraprofessional acting in his or her professional or
16 paraprofessional capacity, or assisting in that capacity, that
17 are created, maintained, or used only in connection with the
18 provision of treatment to the student and that are not
19 available to anyone other than persons providing such
20 treatment. However, such records shall be open to a physician
21 or other appropriate professional of the student's choice.
22 5. Directory information as defined in this section.
23 6. Other information, files, or data that do not
24 permit the personal identification of a student.
25 7. Letters or statements of recommendation or
26 evaluation that were confidential under Florida law and that
27 were received and made a part of the student's educational
28 records prior to July 1, 1977.
29 8. Copies of the student's fingerprints. No public
30 educational institution shall maintain any report or record
31 relative to a student that includes a copy of the student's
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1 fingerprints.
2 (d) "Student" means any child or adult who is enrolled
3 or who has been enrolled in any instructional program or
4 activity conducted under the authority and direction of an
5 institution comprising a part of the state system of public
6 education and with respect to whom an educational institution
7 maintains educational records and reports or personally
8 identifiable information, but does not include a person who
9 has not been in attendance as an enrollee at such institution.
10 (3) RIGHTS OF PARENT OR STUDENT.--The parent of any
11 student who attends or has attended any public school, area
12 technical center, or public postsecondary educational
13 institution shall have the following rights with respect to
14 any records or reports created, maintained, and used by any
15 public educational institution in the state. However,
16 whenever a student has attained 18 years of age, or is
17 attending a postsecondary educational institution, the
18 permission or consent required of, and the rights accorded to,
19 the parents of the student shall thereafter be required of and
20 accorded to the student only, unless the student is a
21 dependent student of such parents as defined in 26 U.S.C. s.
22 152 (s. 152 of the Internal Revenue Code of 1954). The State
23 Board of Education shall adopt rules whereby parents or
24 students may exercise these rights:
25 (a) Right of access.--
26 1. Such parent or student shall have the right, upon
27 request directed to the appropriate school official, to be
28 provided with a list of the types of records and reports,
29 directly related to students, as maintained by the institution
30 that the student attends or has attended.
31 2. Such parent or student shall have the right, upon
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1 request, to be shown any record or report relating to such
2 student maintained by any public educational institution.
3 When the record or report includes information on more than
4 one student, the parent or student shall be entitled to
5 receive, or be informed of, only that part of the record or
6 report that pertains to the student who is the subject of the
7 request. Upon a reasonable request therefor, the institution
8 shall furnish such parent or student with an explanation or
9 interpretation of any such record or report.
10 3. Copies of any list, record, or report requested
11 under the provisions of this paragraph shall be furnished to
12 the parent or student upon request.
13 4. The State Board of Education shall adopt rules to
14 be followed by all public educational institutions in granting
15 requests for lists, or for access to reports and records or
16 for copies or explanations thereof under this paragraph.
17 However, access to any report or record requested under the
18 provisions of subparagraph 2. shall be granted within 30 days
19 after receipt of such request by the institution. Fees may be
20 charged for furnishing any copies of reports or records
21 requested under subparagraph 3., but such fees shall not
22 exceed the actual cost to the institution of producing such
23 copies.
24 (b) Right of waiver of access to confidential letters
25 or statements.--A parent or student shall have the right to
26 waive the right of access to letters or statements of
27 recommendation or evaluation, except that such waiver shall
28 apply to recommendations or evaluations only if:
29 1. The parent or student is, upon request, notified of
30 the names of all persons submitting confidential letters or
31 statements.
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1 2. Such recommendations or evaluations are used solely
2 for the purpose for which they were specifically intended.
3
4 Such waivers may not be required as a condition for admission
5 to, receipt of financial aid from, or receipt of any other
6 services or benefits from, any public agency or public
7 educational institution in this state.
8 (c) Right to challenge and hearing.--A parent or
9 student shall have the right to challenge the content of any
10 record or report to which such person is granted access under
11 paragraph (a), in order to ensure that the record or report is
12 not inaccurate, misleading, or otherwise in violation of the
13 privacy or other rights of the student and to provide an
14 opportunity for the correction, deletion, or expunction of any
15 inaccurate, misleading, or otherwise inappropriate data or
16 material contained therein. Any challenge arising under the
17 provisions of this paragraph may be settled through informal
18 meetings or discussions between the parent or student and
19 appropriate officials of the educational institution. If the
20 parties at such a meeting agree to make corrections, to make
21 deletions, to expunge material, or to add a statement of
22 explanation or rebuttal to the file, such agreement shall be
23 reduced to writing and signed by the parties; and the
24 appropriate school officials shall take the necessary actions
25 to implement the agreement. If the parties cannot reach an
26 agreement, upon the request of either party, a hearing shall
27 be held on such challenge under rules adopted by the State
28 Board of Education. Upon the request of the parent or student,
29 the hearing shall be exempt from the requirements of s.
30 286.011. Such rules shall include at least the following
31 provisions:
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1 1. The hearing shall be conducted within a reasonable
2 period of time following the request for the hearing.
3 2. The hearing shall be conducted, and the decision
4 rendered, by an official of the educational institution or
5 other party who does not have a direct interest in the outcome
6 of the hearing.
7 3. The parent or student shall be afforded a full and
8 fair opportunity to present evidence relevant to the issues
9 raised under this paragraph.
10 4. The decision shall be rendered in writing within a
11 reasonable period of time after the conclusion of the hearing.
12 5. The appropriate school officials shall take the
13 necessary actions to implement the decision.
14 (d) Right of privacy.--Every student shall have a
15 right of privacy with respect to the educational records kept
16 on him or her. Personally identifiable records or reports of a
17 student, and any personal information contained therein, are
18 confidential and exempt from the provisions of s. 119.07(1).
19 No state or local educational agency, board, public school,
20 technical center, or public postsecondary educational
21 institution shall permit the release of such records, reports,
22 or information without the written consent of the student's
23 parent, or of the student himself or herself if he or she is
24 qualified as provided in this subsection, to any individual,
25 agency, or organization. However, personally identifiable
26 records or reports of a student may be released to the
27 following persons or organizations without the consent of the
28 student or the student's parent:
29 1. Officials of schools, school systems, technical
30 centers, or public postsecondary educational institutions in
31 which the student seeks or intends to enroll; and a copy of
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1 such records or reports shall be furnished to the parent or
2 student upon request.
3 2. Other school officials, including teachers within
4 the educational institution or agency, who have legitimate
5 educational interests in the information contained in the
6 records.
7 3. The United States Secretary of Education, the
8 Director of the National Institute of Education, the Assistant
9 Secretary for Education, the Comptroller General of the United
10 States, or state or local educational authorities who are
11 authorized to receive such information subject to the
12 conditions set forth in applicable federal statutes and
13 regulations of the United States Department of Education, or
14 in applicable state statutes and rules of the State Board of
15 Education.
16 4. Other school officials, in connection with a
17 student's application for or receipt of financial aid.
18 5. Individuals or organizations conducting studies for
19 or on behalf of an institution or a board of education for the
20 purpose of developing, validating, or administering predictive
21 tests, administering student aid programs, or improving
22 instruction, if such studies are conducted in such a manner as
23 will not permit the personal identification of students and
24 their parents by persons other than representatives of such
25 organizations and if such information will be destroyed when
26 no longer needed for the purpose of conducting such studies.
27 6. Accrediting organizations, in order to carry out
28 their accrediting functions.
29 7. School readiness coalitions and the Florida
30 Partnership for School Readiness in order to carry out their
31 assigned duties.
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1 8. For use as evidence in student expulsion hearings
2 conducted by a district school board pursuant to the
3 provisions of chapter 120.
4 9. Appropriate parties in connection with an
5 emergency, if knowledge of the information in the student's
6 educational records is necessary to protect the health or
7 safety of the student or other individuals.
8 10. The Auditor General and the Office of Program
9 Policy Analysis and Government Accountability in connection
10 with their official functions; however, except when the
11 collection of personally identifiable information is
12 specifically authorized by law, any data collected by the
13 Auditor General and the Office of Program Policy Analysis and
14 Government Accountability is confidential and exempt from the
15 provisions of s. 119.07(1) and shall be protected in such a
16 way as will not permit the personal identification of students
17 and their parents by other than the Auditor General, the
18 Office of Program Policy Analysis and Government
19 Accountability, and their staff, and such personally
20 identifiable data shall be destroyed when no longer needed for
21 the Auditor General's and the Office of Program Policy
22 Analysis and Government Accountability's official use.
23 11.a. A court of competent jurisdiction in compliance
24 with an order of that court or the attorney of record pursuant
25 to a lawfully issued subpoena, upon the condition that the
26 student and the student's parent are notified of the order or
27 subpoena in advance of compliance therewith by the educational
28 institution or agency.
29 b. A person or entity pursuant to a court of competent
30 jurisdiction in compliance with an order of that court or the
31 attorney of record pursuant to a lawfully issued subpoena,
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1 upon the condition that the student, or his or her parent if
2 the student is either a minor and not attending a
3 postsecondary educational institution or a dependent of such
4 parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
5 Revenue Code of 1954), is notified of the order or subpoena in
6 advance of compliance therewith by the educational institution
7 or agency.
8 12. Credit bureaus, in connection with an agreement
9 for financial aid that the student has executed, provided that
10 such information may be disclosed only to the extent necessary
11 to enforce the terms or conditions of the financial aid
12 agreement. Credit bureaus shall not release any information
13 obtained pursuant to this paragraph to any person.
14 13. Parties to an interagency agreement among the
15 Department of Juvenile Justice, school and law enforcement
16 authorities, and other signatory agencies for the purpose of
17 reducing juvenile crime and especially motor vehicle theft by
18 promoting cooperation and collaboration, and the sharing of
19 appropriate information in a joint effort to improve school
20 safety, to reduce truancy and in-school and out-of-school
21 suspensions, and to support alternatives to in-school and
22 out-of-school suspensions and expulsions that provide
23 structured and well-supervised educational programs
24 supplemented by a coordinated overlay of other appropriate
25 services designed to correct behaviors that lead to truancy,
26 suspensions, and expulsions, and that support students in
27 successfully completing their education. Information provided
28 in furtherance of such interagency agreements is intended
29 solely for use in determining the appropriate programs and
30 services for each juvenile or the juvenile's family, or for
31 coordinating the delivery of such programs and services, and
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1 as such is inadmissible in any court proceedings prior to a
2 dispositional hearing unless written consent is provided by a
3 parent or other responsible adult on behalf of the juvenile.
4
5 This paragraph does not prohibit any educational institution
6 from publishing and releasing to the general public directory
7 information relating to a student if the institution elects to
8 do so. However, no educational institution shall release, to
9 any individual, agency, or organization that is not listed in
10 subparagraphs 1.-13., directory information relating to the
11 student body in general or a portion thereof unless it is
12 normally published for the purpose of release to the public in
13 general. Any educational institution making directory
14 information public shall give public notice of the categories
15 of information that it has designated as directory information
16 with respect to all students attending the institution and
17 shall allow a reasonable period of time after such notice has
18 been given for a parent or student to inform the institution
19 in writing that any or all of the information designated
20 should not be released.
21 (4) NOTIFICATION.--Every parent and student entitled
22 to rights relating to student records and reports under the
23 provisions of subsection (3) shall be notified annually, in
24 writing, of such rights and that the institution has a policy
25 of supporting the law; the types of information and data
26 generally entered in the student records as maintained by the
27 institution; and the procedures to be followed in order to
28 exercise such rights. The notification shall be general in
29 form and in a manner to be determined by the State Board of
30 Education and may be incorporated with other printed materials
31 distributed to students, such as being printed on the back of
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1 school assignment forms or report cards for students attending
2 kindergarten or grades 1 through 12 in the public school
3 system and being printed in college catalogs or in other
4 program announcement bulletins for students attending
5 postsecondary educational institutions.
6 (5) PENALTY.--In the event that any public school
7 official or employee, district school board official or
8 employee, technical center official or employee, or public
9 postsecondary educational institution official or employee
10 refuses to comply with any of the provisions of this section,
11 the aggrieved parent or student shall have an immediate right
12 to bring an action in the circuit court to enforce the
13 violated right by injunction. Any aggrieved parent or student
14 who brings such an action and whose rights are vindicated may
15 be awarded attorney's fees and court costs.
16 (6) APPLICABILITY TO RECORDS OF DEFUNCT
17 INSTITUTIONS.--The provisions of this section also apply to
18 student records that any nonpublic educational institution
19 that is no longer operating has deposited with the district
20 school superintendent in the county where the nonpublic
21 educational institution was located.
22 Section 95. Part III of chapter 1002, Florida
23 Statutes, shall be entitled "Educational Choice" and shall
24 consist of ss. 1002.31-1002.39.
25 Section 96. Section 1002.31, Florida Statutes, is
26 created to read:
27 1002.31 Public school parental choice.--
28 (1) As used in this section, "controlled open
29 enrollment" means a public education delivery system that
30 allows school districts to make student school assignments
31 using parents' indicated preferential school choice as a
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 significant factor.
2 (2) Each district school board may offer controlled
3 open enrollment within the public schools. The controlled open
4 enrollment program shall be offered in addition to the
5 existing choice programs such as magnet schools, alternative
6 schools, special programs, advanced placement, and dual
7 enrollment.
8 (3) Each district school board shall develop a
9 controlled open enrollment plan which describes the
10 implementation of subsection (2).
11 (4) School districts shall adhere to federal
12 desegregation requirements. No controlled open enrollment
13 plan that conflicts with federal desegregation orders shall be
14 implemented.
15 (5) Each school district shall develop a system of
16 priorities for its plan that includes consideration of the
17 following:
18 (a) An application process required to participate in
19 the controlled open enrollment program.
20 (b) A process that allows parents to declare school
21 preferences.
22 (c) A process that encourages placement of siblings
23 within the same school.
24 (d) A lottery procedure used by the school district to
25 determine student assignment.
26 (e) An appeals process for hardship cases.
27 (f) The procedures to maintain socioeconomic,
28 demographic, and racial balance.
29 (g) The availability of transportation.
30 (h) A process that promotes strong parental
31 involvement, including the designation of a parent liaison.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (i) A strategy that establishes a clearinghouse of
2 information designed to assist parents in making informed
3 choices.
4 (6) Plans shall be submitted to the Commissioner of
5 Education. The Commissioner of Education shall develop an
6 annual report on the status of school choice and deliver the
7 report to the Governor, the President of the Senate, and the
8 Speaker of the House of Representatives at least 90 days prior
9 to the convening of the regular session of the Legislature.
10 (7) Notwithstanding any provision of this section, a
11 school district with schools operating on both multiple
12 session schedules and single session schedules shall afford
13 parents of students in multiple session schools preferred
14 access to the controlled open enrollment program of the school
15 district.
16 (8) Each district school board shall annually report
17 the number of students applying for and attending the various
18 types of public schools of choice in the district, including
19 schools such as magnet schools and public charter schools,
20 according to rules adopted by the State Board of Education.
21 Section 97. Section 1002.32, Florida Statutes, is
22 created to read:
23 1002.32 Developmental research (laboratory) schools.--
24 (1) SHORT TITLE.--This section may be cited as the
25 "Sidney Martin Developmental Research School Act."
26 (2) ESTABLISHMENT.--There is established a category of
27 public schools to be known as developmental research
28 (laboratory) schools (lab schools). Each lab school shall
29 provide sequential instruction and shall be affiliated with
30 the college of education within the state university of
31 closest geographic proximity. A lab school to which a charter
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 has been issued under s. 1002.33(5)(b) must be affiliated with
2 the college of education within the state university that
3 issued the charter, but is not subject to the requirement that
4 the state university be of closest geographic proximity. For
5 the purpose of state funding, Florida Agricultural and
6 Mechanical University, Florida Atlantic University, Florida
7 State University, the University of Florida, and other
8 universities approved by the State Board of Education and the
9 Legislature are authorized to sponsor one or more lab schools.
10 (3) MISSION.--The mission of a lab school shall be the
11 provision of a vehicle for the conduct of research,
12 demonstration, and evaluation regarding management, teaching,
13 and learning. Programs to achieve the mission of a lab school
14 shall embody the goals and standards established pursuant to
15 ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate
16 education for its students.
17 (a) Each lab school shall emphasize mathematics,
18 science, computer science, and foreign languages. The primary
19 goal of a lab school is to enhance instruction and research in
20 such specialized subjects by using the resources available on
21 a state university campus, while also providing an education
22 in nonspecialized subjects. Each lab school shall provide
23 sequential elementary and secondary instruction where
24 appropriate. A lab school may not provide instruction at grade
25 levels higher than grade 12 without authorization from the
26 State Board of Education. Each developmental research school
27 shall develop and implement a school improvement plan pursuant
28 to s. 1003.02(3).
29 (b) Research, demonstration, and evaluation conducted
30 at a lab school may be generated by the college of education
31 and other colleges within the university with which the school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 is affiliated.
2 (c) Research, demonstration, and evaluation conducted
3 at a lab school may be generated by the State Board of
4 Education. Such research shall respond to the needs of the
5 education community at large, rather than the specific needs
6 of the affiliated college.
7 (d) Research, demonstration, and evaluation conducted
8 at a lab school may consist of pilot projects to be generated
9 by the affiliated college, the State Board of Education, or
10 the Legislature.
11 (e) The exceptional education programs offered at a
12 lab school shall be determined by the research and evaluation
13 goals and the availability of students for efficiently sized
14 programs. The fact that a lab school offers an exceptional
15 education program in no way lessens the general responsibility
16 of the local school district to provide exceptional education
17 programs.
18 (4) STUDENT ADMISSIONS.--Each lab school may establish
19 a primary research objective related to fundamental issues and
20 problems that occur in the public elementary and secondary
21 schools of the state. A student population reflective of the
22 student population of the public school environment in which
23 the issues and problems are most prevalent shall be promoted
24 and encouraged through the establishment and implementation of
25 an admission process that is designed to result in a
26 representative sample of public school enrollment based on
27 gender, race, socioeconomic status, and academic ability,
28 notwithstanding the provisions of s. 1000.05.
29 (5) STUDENT FEES.--Each lab school may charge a
30 student activity and service fee. Any school that elects to
31 charge such a fee shall provide information regarding the use
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the fee as well as an annual report that documents the
2 manner in which the moneys provided by such fee were expended.
3 The annual report prescribed in this subsection shall be
4 distributed to the parents of each student. No additional fees
5 shall be charged.
6 (6) SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each lab
7 school may accrue supplemental revenue from
8 supplemental-support organizations, which include, but are not
9 limited to, alumni associations, foundations, parent-teacher
10 associations, and booster associations. The governing body of
11 each supplemental-support organization shall recommend the
12 expenditure of moneys collected by the organization for the
13 benefit of the school. Such expenditures shall be contingent
14 upon the recommendations of the school advisory council and
15 review of the director. The director may override any proposed
16 expenditure of the organization that would violate Florida
17 Statutes or breach sound educational management.
18 (7) PERSONNEL.--
19 (a) Each lab school may employ either a director or a
20 principal, or both, at the discretion of the university. The
21 duties of such personnel shall be as follows:
22 1. Each director shall be the chief executive officer
23 and shall oversee the education, research, and evaluation
24 goals of the school. The director shall be responsible for
25 recommending policy to the advisory board. The director shall
26 be accountable for the financial resources of the school.
27 2. Each principal shall be the chief educational
28 officer and shall oversee the educational program of the
29 school. The principal shall be accountable for the daily
30 operation and administration of the school.
31 (b) Faculty may serve simultaneously as instructional
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 personnel for the lab school and the university with which the
2 school is affiliated. Nothing in this section is intended to
3 affect the collective bargaining rights of lab school
4 employees, except as specifically provided in this section.
5 (c) Lab school faculty members shall meet the
6 certification requirements of ss. 1012.32 and 1012.42.
7 (8) ADVISORY BOARDS.--Each public school in the state
8 shall establish a school advisory council that is reflective
9 of the population served by the school, pursuant to s.
10 1001.452, and is responsible for the development and
11 implementation of the school improvement plan pursuant to s.
12 1003.02(3). Lab schools shall comply with the provisions of s.
13 1001.452 in one of two ways:
14 (a) Each lab school may establish two advisory bodies
15 as follows:
16 1. An advisory body pursuant to the provisions and
17 requirements of s. 1001.452 to be responsible for the
18 development and implementation of the school improvement plan,
19 pursuant to s. 1003.02(3).
20 2. An advisory board to provide general oversight and
21 guidance. The dean of the affiliated college of education
22 shall be a standing member of the board, and the president of
23 the university shall appoint four faculty members from the
24 related university, at least two of whom are from the college
25 of education, one layperson who resides in the county in which
26 the school is located, two parents of students who attend the
27 lab school, and one lab school student appointed by the
28 principal to serve on the advisory board. The term of each
29 member shall be for 2 years, and any vacancy shall be filled
30 with a person of the same classification as his or her
31 predecessor for the balance of the unexpired term. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 president shall stagger the terms of the initial appointees in
2 a manner that results in the expiration of terms of no more
3 than two members in any year. The president shall call the
4 organizational meeting of the board. The board shall annually
5 elect a chair and a vice chair. There shall be no limitation
6 on successive appointments to the board or successive terms
7 that may be served by a chair or vice chair. The board shall
8 adopt internal organizational procedures or bylaws necessary
9 for efficient operation as provided in chapter 120. Board
10 members shall not receive per diem or travel expenses for the
11 performance of their duties. The board shall:
12 a. Meet at least quarterly.
13 b. Monitor the operations of the school and the
14 distribution of moneys allocated for such operations.
15 c. Establish necessary policy, program, and
16 administration modifications.
17 d. Evaluate biennially the performance of the director
18 and principal and recommend corresponding action to the dean
19 of the college of education.
20 e. Annually review evaluations of the school's
21 operation and research findings.
22 (b) Each lab school may establish one advisory body
23 responsible for the development and implementation of the
24 school improvement plan, pursuant to s. 1003.02(3), in
25 addition to general oversight and guidance responsibilities.
26 The advisory body shall reflect the membership composition
27 requirements established in s. 1001.452, but may also include
28 membership by the dean of the college of education and
29 additional members appointed by the president of the
30 university that represent faculty members from the college of
31 education, the university, or other bodies deemed appropriate
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Amendment No. ___ (for drafter's use only)
1 for the mission of the school.
2 (9) FUNDING.--Funding for a lab school, including a
3 charter lab school, shall be provided as follows:
4 (a) Each lab school shall be allocated its
5 proportional share of operating funds from the Florida
6 Education Finance Program as provided in s. 1011.62 and the
7 General Appropriations Act. The nonvoted ad valorem millage
8 that would otherwise be required for lab schools shall be
9 allocated from state funds. The required local effort funds
10 calculated pursuant to s. 1011.62 shall be allocated from
11 state funds to the schools as a part of the allocation of
12 operating funds pursuant to s. 1011.62. Each eligible lab
13 school shall also receive a proportional share of the sparsity
14 supplement as calculated pursuant to s. 1011.62. In addition,
15 each lab school shall receive its proportional share of all
16 categorical funds, with the exception of s. 1011.68, and new
17 categorical funds enacted after July 1, 1994, for the purpose
18 of elementary or secondary academic program enhancement. The
19 sum of funds available as provided in this paragraph shall be
20 included annually in the Florida Education Finance Program and
21 appropriate categorical programs funded in the General
22 Appropriations Act.
23 (b) There is created a Lab School Educational Facility
24 Trust Fund to be administered by the Commissioner of
25 Education. Allocations from such fund shall be expended solely
26 for the purpose of facility construction, repair, renovation,
27 remodeling, site improvement, or maintenance. The commissioner
28 shall administer the fund in accordance with ss. 1013.60,
29 1013.64, 1013.65, and 1013.66.
30 (c) All operating funds provided under this section
31 shall be deposited in a Lab School Trust Fund and shall be
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 expended for the purposes of this section. The university
2 assigned a lab school shall be the fiscal agent for these
3 funds, and all rules of the university governing the budgeting
4 and expenditure of state funds shall apply to these funds
5 unless otherwise provided by law or rule of the State Board of
6 Education. The State Board of Education shall be the public
7 employer of lab school personnel for collective bargaining
8 purposes.
9 (d) Each lab school shall receive funds for operating
10 purposes in an amount determined as follows: multiply the
11 maximum allowable nonvoted discretionary millage for
12 operations pursuant to s. 1011.71(1) by the value of 95
13 percent of the current year's taxable value for school
14 purposes for the district in which each lab school is located;
15 divide the result by the total full-time equivalent membership
16 of the district; and multiply the result by the full-time
17 equivalent membership of the lab school. The amount thus
18 obtained shall be discretionary operating funds and shall be
19 appropriated from state funds in the General Appropriations
20 Act to the Lab School Trust Fund.
21 (e) Each lab school shall receive funds for capital
22 improvement purposes in an amount determined as follows:
23 multiply the maximum allowable nonvoted discretionary millage
24 for capital improvements pursuant to s. 1011.71(2) by the
25 value of 95 percent of the current year's taxable value for
26 school purposes for the district in which each lab school is
27 located; divide the result by the total full-time equivalent
28 membership of the district; and multiply the result by the
29 full-time equivalent membership of the lab school. The amount
30 thus obtained shall be discretionary capital improvement funds
31 and shall be appropriated from state funds in the General
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Appropriations Act to the Lab School Educational Facility
2 Trust Fund.
3 (f) In addition to the funds appropriated for capital
4 outlay budget needs, lab schools may receive specific funding
5 as specified in the General Appropriations Act for upgrading,
6 renovating, and remodeling science laboratories.
7 (g) Each lab school is designated a teacher education
8 center and may provide inservice training to school district
9 personnel. The Department of Education shall provide funds to
10 the Lab School Trust Fund for this purpose from appropriations
11 for inservice teacher education.
12 (h) A lab school to which a charter has been issued
13 under s. 1002.33(5)(b) is eligible to receive funding for
14 charter school capital outlay if it meets the eligibility
15 requirements of s. 1013.62. If the lab school receives funds
16 from charter school capital outlay, the school shall receive
17 capital outlay funds otherwise provided in this subsection
18 only to the extent that funds allocated pursuant to s. 1013.62
19 are insufficient to provide capital outlay funds to the lab
20 school at one-fifteenth of the cost per student station.
21 (10) IMPLEMENTATION.--The State Board of Education
22 shall adopt rules necessary to facilitate the implementation
23 of this section.
24 (11) EXCEPTIONS TO LAW.--To encourage innovative
25 practices and facilitate the mission of the lab schools, in
26 addition to the exceptions to law specified in s. 1001.23(2),
27 the following exceptions shall be permitted for lab schools:
28 (a) The methods and requirements of the following
29 statutes shall be held in abeyance: ss. 1001.30; 1001.31;
30 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361;
31 1001.362; 1001.363; 1001.37; 1001.371; 1001.372; 1001.38;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1001.39; 1001.395; 1001.40; 1001.41; 1001.44; 1001.46;
2 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
3 1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4);
4 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
5 1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
6 1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
7 (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
8 1011.72; 1011.73; 1011.74; 1013.77; and 316.75.
9 (b) With the exception of s. 1001.42(16), s. 1001.42
10 shall be held in abeyance. Reference to district school boards
11 in s. 1001.42(16) shall mean the president of the university
12 or the president's designee.
13 Section 98. Section 1002.33, Florida Statutes, is
14 created to read:
15 1002.33 Charter schools.--
16 (1) AUTHORIZATION.--Charter schools shall be part of
17 the state's program of public education. All charter schools
18 in Florida are public schools. A charter school may be formed
19 by creating a new school or converting an existing public
20 school to charter status. A public school may not use the term
21 charter in its name unless it has been approved under this
22 section.
23 (2) PURPOSE.--The purpose of charter schools shall be
24 to:
25 (a) Provide additional academic choices for parents
26 and students.
27 (b) Increase learning opportunity choices for
28 students.
29 (c) Increase learning opportunities for all students,
30 with special emphasis on expanded learning experiences for
31 students who are identified as academically low achieving.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) Encourage the use of different and innovative
2 learning methods.
3 (e) Improve student learning.
4 (f) Establish a new form of accountability for
5 schools.
6 (g) Require the measurement of learning outcomes and
7 create innovative measurement tools.
8 (h) Make the school the unit for improvement.
9 (i) Provide rigorous competition within the public
10 school district to stimulate continual improvement in all
11 public schools.
12 (j) Expand the capacity of the public school system.
13 (k) Create new professional opportunities for
14 teachers.
15 (3) APPLICATION FOR CHARTER STATUS.--
16 (a) An application for a new charter school may be
17 made by an individual, teachers, parents, a group of
18 individuals, a municipality, or a legal entity organized under
19 the laws of this state.
20 (b) An application for a conversion charter school
21 shall be made by the district school board, the principal,
22 teachers, parents, and/or the school advisory council at an
23 existing public school that has been in operation for at least
24 2 years prior to the application to convert, including a
25 public school-within-a-school that is designated as a school
26 by the district school board. An application submitted
27 proposing to convert an existing public school to a charter
28 school shall demonstrate the support of at least 50 percent of
29 the teachers employed at the school and 50 percent of the
30 parents voting whose children are enrolled at the school,
31 provided that a majority of the parents eligible to vote
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 participate in the ballot process, according to rules adopted
2 by the State Board of Education. A district school board
3 denying an application for a conversion charter school shall
4 provide notice of denial to the applicants in writing within
5 30 days after the meeting at which the district school board
6 denied the application. The notice must specify the exact
7 reasons for denial and must provide documentation supporting
8 those reasons. A private school, parochial school, or home
9 education program shall not be eligible for charter school
10 status.
11 (4) UNLAWFUL REPRISAL.--
12 (a) No district school board, or district school board
13 employee who has control over personnel actions, shall take
14 unlawful reprisal against another district school board
15 employee because that employee is either directly or
16 indirectly involved with an application to establish a charter
17 school. As used in this subsection, the term "unlawful
18 reprisal" means an action taken by a district school board or
19 a school system employee against an employee who is directly
20 or indirectly involved in a lawful application to establish a
21 charter school, which occurs as a direct result of that
22 involvement, and which results in one or more of the
23 following: disciplinary or corrective action; adverse transfer
24 or reassignment, whether temporary or permanent; suspension,
25 demotion, or dismissal; an unfavorable performance evaluation;
26 a reduction in pay, benefits, or rewards; elimination of the
27 employee's position absent of a reduction in workforce as a
28 result of lack of moneys or work; or other adverse significant
29 changes in duties or responsibilities that are inconsistent
30 with the employee's salary or employment classification. The
31 following procedures shall apply to an alleged unlawful
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reprisal that occurs as a consequence of an employee's direct
2 or indirect involvement with an application to establish a
3 charter school:
4 1. Within 60 days after the date upon which a reprisal
5 prohibited by this subsection is alleged to have occurred, an
6 employee may file a complaint with the Department of
7 Education.
8 2. Within 3 working days after receiving a complaint
9 under this section, the Department of Education shall
10 acknowledge receipt of the complaint and provide copies of the
11 complaint and any other relevant preliminary information
12 available to each of the other parties named in the complaint,
13 which parties shall each acknowledge receipt of such copies to
14 the complainant.
15 3. If the Department of Education determines that the
16 complaint demonstrates reasonable cause to suspect that an
17 unlawful reprisal has occurred, the Department of Education
18 shall conduct an investigation to produce a fact-finding
19 report.
20 4. Within 90 days after receiving the complaint, the
21 Department of Education shall provide the district school
22 superintendent of the complainant's district and the
23 complainant with a fact-finding report that may include
24 recommendations to the parties or a proposed resolution of the
25 complaint. The fact-finding report shall be presumed
26 admissible in any subsequent or related administrative or
27 judicial review.
28 5. If the Department of Education determines that
29 reasonable grounds exist to believe that an unlawful reprisal
30 has occurred, is occurring, or is to be taken, and is unable
31 to conciliate a complaint within 60 days after receipt of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 fact-finding report, the Department of Education shall
2 terminate the investigation. Upon termination of any
3 investigation, the Department of Education shall notify the
4 complainant and the district school superintendent of the
5 termination of the investigation, providing a summary of
6 relevant facts found during the investigation and the reasons
7 for terminating the investigation. A written statement under
8 this paragraph is presumed admissible as evidence in any
9 judicial or administrative proceeding.
10 6. The Department of Education shall either contract
11 with the Division of Administrative Hearings under s. 120.65,
12 or otherwise provide for a complaint for which the Department
13 of Education determines reasonable grounds exist to believe
14 that an unlawful reprisal has occurred, is occurring, or is to
15 be taken, and is unable to conciliate, to be heard by a panel
16 of impartial persons. Upon hearing the complaint, the panel
17 shall make findings of fact and conclusions of law for a final
18 decision by the Department of Education.
19
20 It shall be an affirmative defense to any action brought
21 pursuant to this section that the adverse action was
22 predicated upon grounds other than, and would have been taken
23 absent, the employee's exercise of rights protected by this
24 section.
25 (b) In any action brought under this section for which
26 it is determined reasonable grounds exist to believe that an
27 unlawful reprisal has occurred, is occurring, or is to be
28 taken, the relief shall include the following:
29 1. Reinstatement of the employee to the same position
30 held before the unlawful reprisal was commenced, or to an
31 equivalent position, or payment of reasonable front pay as
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 alternative relief.
2 2. Reinstatement of the employee's full fringe
3 benefits and seniority rights, as appropriate.
4 3. Compensation, if appropriate, for lost wages,
5 benefits, or other lost remuneration caused by the unlawful
6 reprisal.
7 4. Payment of reasonable costs, including attorney's
8 fees, to a substantially prevailing employee, or to the
9 prevailing employer if the employee filed a frivolous action
10 in bad faith.
11 5. Issuance of an injunction, if appropriate, by a
12 court of competent jurisdiction.
13 6. Temporary reinstatement to the employee's former
14 position or to an equivalent position, pending the final
15 outcome of the complaint, if it is determined that the action
16 was not made in bad faith or for a wrongful purpose, and did
17 not occur after a district school board's initiation of a
18 personnel action against the employee that includes
19 documentation of the employee's violation of a disciplinary
20 standard or performance deficiency.
21 (5) SPONSOR.--
22 (a) A district school board may sponsor a charter
23 school in the county over which the district school board has
24 jurisdiction.
25 (b) A state university may grant a charter to a lab
26 school created under s. 1002.32 and shall be considered to be
27 the school's sponsor. Such school shall be considered a
28 charter lab school.
29 (c) The sponsor shall monitor and review the charter
30 school in its progress towards the goals established in the
31 charter.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) The sponsor shall monitor the revenues and
2 expenditures of the charter school.
3 (e) The sponsor may approve a charter for a charter
4 school before the applicant has secured space, equipment, or
5 personnel, if the applicant indicates approval is necessary
6 for it to raise working capital.
7 (f) The sponsor's policies shall not apply to a
8 charter school.
9 (g) A sponsor shall ensure that the charter is
10 innovative and consistent with the state education goals
11 established by s. 1000.03(5).
12 (6) APPLICATION PROCESS AND REVIEW.--
13 (a) A district school board shall receive and review
14 all applications for a charter school. A district school board
15 shall receive and consider charter school applications
16 received on or before October 1 of each calendar year for
17 charter schools to be opened at the beginning of the school
18 district's next school year, or to be opened at a time agreed
19 to by the applicant and the district school board. A district
20 school board may receive applications later than this date if
21 it chooses. A sponsor may not charge an applicant for a
22 charter any fee for the processing or consideration of an
23 application, and a sponsor may not base its consideration or
24 approval of an application upon the promise of future payment
25 of any kind.
26 1. In order to facilitate an accurate budget
27 projection process, a district school board shall be held
28 harmless for FTE students who are not included in the FTE
29 projection due to approval of charter school applications
30 after the FTE projection deadline. In a further effort to
31 facilitate an accurate budget projection, within 15 calendar
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 days after receipt of a charter school application, a district
2 school board or other sponsor shall report to the Department
3 of Education the name of the applicant entity, the proposed
4 charter school location, and its projected FTE.
5 2. A district school board shall by a majority vote
6 approve or deny an application no later than 60 calendar days
7 after the application is received, unless the district school
8 board and the applicant mutually agree to temporarily postpone
9 the vote to a specific date, at which time the district school
10 board shall by a majority vote approve or deny the
11 application. If the district school board fails to act on the
12 application, an applicant may appeal to the State Board of
13 Education as provided in paragraph (b). If an application is
14 denied, the district school board shall, within 10 calendar
15 days, articulate in writing the specific reasons based upon
16 good cause supporting its denial of the charter application.
17 3. For budget projection purposes, the district school
18 board or other sponsor shall report to the Department of
19 Education the approval or denial of a charter application
20 within 10 calendar days after such approval or denial. In the
21 event of approval, the report to the Department of Education
22 shall include the final projected FTE for the approved charter
23 school.
24 4. Upon approval of a charter application, the initial
25 startup shall commence with the beginning of the public school
26 calendar for the district in which the charter is granted
27 unless the district school board allows a waiver of this
28 provision for good cause.
29 (b) An applicant may appeal any denial of that
30 applicant's application or failure to act on an application to
31 the State Board of Education no later than 30 calendar days
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 after receipt of the district school board's decision or
2 failure to act and shall notify the district school board of
3 its appeal. Any response of the district school board shall
4 be submitted to the State Board of Education within 30
5 calendar days after notification of the appeal. Upon receipt
6 of notification from the State Board of Education that a
7 charter school applicant is filing an appeal, the Commissioner
8 of Education shall convene a meeting of the Charter School
9 Appeal Commission to study and make recommendations to the
10 State Board of Education regarding its pending decision about
11 the appeal. The commission shall forward its recommendation
12 to the state board no later than 7 calendar days prior to the
13 date on which the appeal is to be heard. The State Board of
14 Education shall by majority vote accept or reject the decision
15 of the district school board no later than 60 calendar days
16 after an appeal is filed in accordance with State Board of
17 Education rule. The Charter School Appeal Commission may
18 reject an appeal submission for failure to comply with
19 procedural rules governing the appeals process. The rejection
20 shall describe the submission errors. The appellant may have
21 up to 15 calendar days from notice of rejection to resubmit an
22 appeal that meets requirements of State Board of Education
23 rule. An application for appeal submitted subsequent to such
24 rejection shall be considered timely if the original appeal
25 was filed within 30 calendar days after receipt of notice of
26 the specific reasons for the district school board's denial of
27 the charter application. The State Board of Education shall
28 remand the application to the district school board with its
29 written decision that the district school board approve or
30 deny the application. The district school board shall
31 implement the decision of the State Board of Education. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 decision of the State Board of Education is not subject to the
2 provisions of the Administrative Procedures Act, chapter 120.
3 (c) The district school board shall act upon the
4 decision of the State Board of Education within 30 calendar
5 days after it is received. The State Board of Education's
6 decision is a final action subject to judicial review.
7 (d)1. A Charter School Appeal Commission is
8 established to assist the commissioner and the State Board of
9 Education with a fair and impartial review of appeals by
10 applicants whose charters have been denied or whose charter
11 contracts have not been renewed by their sponsors.
12 2. The Charter School Appeal Commission may receive
13 copies of the appeal documents forwarded to the State Board of
14 Education, review the documents, gather other applicable
15 information regarding the appeal, and make a written
16 recommendation to the commissioner. The recommendation must
17 state whether the appeal should be upheld or denied and
18 include the reasons for the recommendation being offered. The
19 commissioner shall forward the recommendation to the State
20 Board of Education no later than 7 calendar days prior to the
21 date on which the appeal is to be heard. The state board must
22 consider the commission's recommendation in making its
23 decision, but is not bound by the recommendation. The
24 decision of the Charter School Appeal Commission is not
25 subject to the provisions of the Administrative Procedure Act,
26 chapter 120.
27 3. The commissioner shall appoint the members of the
28 Charter School Appeal Commission. Members shall serve without
29 compensation but may be reimbursed for travel and per diem
30 expenses in conjunction with their service. One-half of the
31 members must represent currently operating charter schools and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 one-half of the members must represent school districts. The
2 commissioner or a named designee shall chair the Charter
3 School Appeal Commission.
4 4. The chair shall convene meetings of the commission
5 and shall ensure that the written recommendations are
6 completed and forwarded in a timely manner. In cases where
7 the commission cannot reach a decision, the chair shall make
8 the written recommendation with justification, noting that the
9 decision was rendered by the chair.
10 5. Commission members shall throughly review the
11 materials presented to them from the appellant and the
12 sponsor. The commission may request information to clarify
13 the documentation presented to it. In the course of its
14 review, the commission may facilitate the postponement of an
15 appeal in those cases where additional time and communication
16 may negate the need for a formal appeal and both parties
17 agree, in writing, to postpone the appeal to the State Board
18 of Education. A new date certain for the appeal shall then be
19 set based upon the rules and procedures of the State Board of
20 Education. Commission members shall provide a written
21 recommendation to the state board as to whether the appeal
22 should be upheld or denied. A fact-based justification for
23 the recommendation must be included. The chair must ensure
24 that the written recommendation is submitted to the State
25 Board of Education members no later than 7 calendar days prior
26 to the date on which the appeal is to be heard. Both parties
27 in the case shall also be provided a copy of the
28 recommendation.
29 (e) The Department of Education may provide technical
30 assistance to an applicant upon written request.
31 (f) In considering charter applications for a lab
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school, a state university shall consult with the district
2 school board of the county in which the lab school is located.
3 The decision of a state university may be appealed pursuant to
4 the procedure established in this subsection.
5 (g) The terms and conditions for the operation of a
6 charter school shall be set forth by the sponsor and the
7 applicant in a written contractual agreement, called a
8 charter. The sponsor shall not impose unreasonable rules or
9 regulations that violate the intent of giving charter schools
10 greater flexibility to meet educational goals. The applicant
11 and sponsor shall have 6 months in which to mutually agree to
12 the provisions of the charter. The Department of Education
13 shall provide mediation services for any dispute regarding
14 this section subsequent to the approval of a charter
15 application and for any dispute relating to the approved
16 charter, except disputes regarding charter school application
17 denials. If the Commissioner of Education determines that the
18 dispute cannot be settled through mediation, the dispute may
19 be appealed to an administrative law judge appointed by the
20 Division of Administrative Hearings. The administrative law
21 judge may rule on issues of equitable treatment of the charter
22 school as a public school, whether proposed provisions of the
23 charter violate the intended flexibility granted charter
24 schools by statute, or on any other matter regarding this
25 section except a charter school application denial, and shall
26 award the prevailing party reasonable attorney's fees and
27 costs incurred to be paid by the losing party. The costs of
28 the administrative hearing shall be paid by the party whom the
29 administrative law judge rules against.
30 (7) CHARTER.--The major issues involving the operation
31 of a charter school shall be considered in advance and written
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 into the charter. The charter shall be signed by the governing
2 body of the charter school and the sponsor, following a public
3 hearing to ensure community input.
4 (a) The charter shall address, and criteria for
5 approval of the charter shall be based on:
6 1. The school's mission, the students to be served,
7 and the ages and grades to be included.
8 2. The focus of the curriculum, the instructional
9 methods to be used, any distinctive instructional techniques
10 to be employed, and identification and acquisition of
11 appropriate technologies needed to improve educational and
12 administrative performance which include a means for promoting
13 safe, ethical, and appropriate uses of technology which comply
14 with legal and professional standards.
15 3. The current incoming baseline standard of student
16 academic achievement, the outcomes to be achieved, and the
17 method of measurement that will be used. The criteria listed
18 in this subparagraph shall include a detailed description for
19 each of the following:
20 a. How the baseline student academic achievement
21 levels and prior rates of academic progress will be
22 established.
23 b. How these baseline rates will be compared to rates
24 of academic progress achieved by these same students while
25 attending the charter school.
26 c. To the extent possible, how these rates of progress
27 will be evaluated and compared with rates of progress of other
28 closely comparable student populations.
29
30 The district school board is required to provide academic
31 student performance data to charter schools for each of their
212
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 students coming from the district school system, as well as
2 rates of academic progress of comparable student populations
3 in the district school system.
4 4. The methods used to identify the educational
5 strengths and needs of students and how well educational goals
6 and performance standards are met by students attending the
7 charter school. Included in the methods is a means for the
8 charter school to ensure accountability to its constituents by
9 analyzing student performance data and by evaluating the
10 effectiveness and efficiency of its major educational
11 programs. Students in charter schools shall, at a minimum,
12 participate in the statewide assessment program created under
13 s. 1008.22.
14 5. In secondary charter schools, a method for
15 determining that a student has satisfied the requirements for
16 graduation in s. 1003.43.
17 6. A method for resolving conflicts between the
18 governing body of the charter school and the sponsor.
19 7. The admissions procedures and dismissal procedures,
20 including the school's code of student conduct.
21 8. The ways by which the school will achieve a
22 racial/ethnic balance reflective of the community it serves or
23 within the racial/ethnic range of other public schools in the
24 same school district.
25 9. The financial and administrative management of the
26 school, including a reasonable demonstration of the
27 professional experience or competence of those individuals or
28 organizations applying to operate the charter school or those
29 hired or retained to perform such professional services and
30 the description of clearly delineated responsibilities and the
31 policies and practices needed to effectively manage the
213
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 charter school. A description of internal audit procedures and
2 establishment of controls to ensure that financial resources
3 are properly managed must be included. Both public sector and
4 private sector professional experience shall be equally valid
5 in such a consideration.
6 10. A description of procedures that identify various
7 risks and provide for a comprehensive approach to reduce the
8 impact of losses; plans to ensure the safety and security of
9 students and staff; plans to identify, minimize, and protect
10 others from violent or disruptive student behavior; and the
11 manner in which the school will be insured, including whether
12 or not the school will be required to have liability
13 insurance, and, if so, the terms and conditions thereof and
14 the amounts of coverage.
15 11. The term of the charter which shall provide for
16 cancellation of the charter if insufficient progress has been
17 made in attaining the student achievement objectives of the
18 charter and if it is not likely that such objectives can be
19 achieved before expiration of the charter. The initial term of
20 a charter shall be for 3, 4, or 5 years. In order to
21 facilitate access to long-term financial resources for charter
22 school construction, charter schools that are operated by a
23 municipality or other public entity as provided by law are
24 eligible for up to a 15-year charter, subject to approval by
25 the district school board. A charter lab school is eligible
26 for a charter for a term of up to 15 years. In addition, to
27 facilitate access to long-term financial resources for charter
28 school construction, charter schools that are operated by a
29 private, not-for-profit, s. 501(c)(3) status corporation are
30 eligible for up to a 10-year charter, subject to approval by
31 the district school board. Such long-term charters remain
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subject to annual review and may be terminated during the term
2 of the charter, but only for specific good cause according to
3 the provisions set forth in subsection (8).
4 12. The facilities to be used and their location.
5 13. The qualifications to be required of the teachers
6 and the potential strategies used to recruit, hire, train, and
7 retain qualified staff to achieve best value.
8 14. The governance structure of the school, including
9 the status of the charter school as a public or private
10 employer as required in paragraph (12)(i).
11 15. A timetable for implementing the charter which
12 addresses the implementation of each element thereof and the
13 date by which the charter shall be awarded in order to meet
14 this timetable.
15 16. In the case of an existing public school being
16 converted to charter status, alternative arrangements for
17 current students who choose not to attend the charter school
18 and for current teachers who choose not to teach in the
19 charter school after conversion in accordance with the
20 existing collective bargaining agreement or district school
21 board rule in the absence of a collective bargaining
22 agreement. However, alternative arrangements shall not be
23 required for current teachers who choose not to teach in a
24 charter lab school, except as authorized by the employment
25 policies of the state university which grants the charter to
26 the lab school.
27 (b) A charter may be renewed every 5 school years,
28 provided that a program review demonstrates that the criteria
29 in paragraph (a) have been successfully accomplished and that
30 none of the grounds for nonrenewal established by paragraph
31 (8)(a) have been documented. In order to facilitate long-term
215
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 financing for charter school construction, charter schools
2 operating for a minimum of 2 years and demonstrating exemplary
3 academic programming and fiscal management are eligible for a
4 15-year charter renewal. Such long-term charter is subject to
5 annual review and may be terminated during the term of the
6 charter.
7 (c) A charter may be modified during its initial term
8 or any renewal term upon the recommendation of the sponsor or
9 the charter school governing board and the approval of both
10 parties to the agreement.
11 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
12 (a) At the end of the term of a charter, the sponsor
13 may choose not to renew the charter for any of the following
14 grounds:
15 1. Failure to meet the requirements for student
16 performance stated in the charter.
17 2. Failure to meet generally accepted standards of
18 fiscal management.
19 3. Violation of law.
20 4. Other good cause shown.
21 (b) During the term of a charter, the sponsor may
22 terminate the charter for any of the grounds listed in
23 paragraph (a).
24 (c) At least 90 days prior to renewing or terminating
25 a charter, the sponsor shall notify the governing body of the
26 school of the proposed action in writing. The notice shall
27 state in reasonable detail the grounds for the proposed action
28 and stipulate that the school's governing body may, within 14
29 calendar days after receiving the notice, request an informal
30 hearing before the sponsor. The sponsor shall conduct the
31 informal hearing within 30 calendar days after receiving a
216
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 written request. The charter school's governing body may,
2 within 14 calendar days after receiving the sponsor's decision
3 to terminate or refuse to renew the charter, appeal the
4 decision pursuant to the procedure established in subsection
5 (6).
6 (d) A charter may be terminated immediately if the
7 sponsor determines that good cause has been shown or if the
8 health, safety, or welfare of the students is threatened. The
9 school district in which the charter school is located shall
10 assume operation of the school under these circumstances. The
11 charter school's governing board may, within 14 days after
12 receiving the sponsor's decision to terminate the charter,
13 appeal the decision pursuant to the procedure established in
14 subsection (6).
15 (e) When a charter is not renewed or is terminated,
16 the school shall be dissolved under the provisions of law
17 under which the school was organized, and any unencumbered
18 public funds from the charter school shall revert to the
19 district school board. In the event a charter school is
20 dissolved or is otherwise terminated, all district school
21 board property and improvements, furnishings, and equipment
22 purchased with public funds shall automatically revert to full
23 ownership by the district school board, subject to complete
24 satisfaction of any lawful liens or encumbrances. Any
25 unencumbered public funds from the charter school, district
26 school board property and improvements, furnishings, and
27 equipment purchased with public funds, or financial or other
28 records pertaining to the charter school, in the possession of
29 any person, entity, or holding company, other than the charter
30 school, shall be held in trust upon the district school
31 board's request, until any appeal status is resolved.
217
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (f) If a charter is not renewed or is terminated, the
2 charter school is responsible for all debts of the charter
3 school. The district may not assume the debt from any contract
4 for services made between the governing body of the school and
5 a third party, except for a debt that is previously detailed
6 and agreed upon in writing by both the district and the
7 governing body of the school and that may not reasonably be
8 assumed to have been satisfied by the district.
9 (g) If a charter is not renewed or is terminated, a
10 student who attended the school may apply to, and shall be
11 enrolled in, another public school. Normal application
12 deadlines shall be disregarded under such circumstances.
13 (9) CHARTER SCHOOL REQUIREMENTS.--
14 (a) A charter school shall be nonsectarian in its
15 programs, admission policies, employment practices, and
16 operations.
17 (b) A charter school shall admit students as provided
18 in subsection (10).
19 (c) A charter school shall be accountable to its
20 sponsor for performance as provided in subsection (7).
21 (d) A charter school shall not charge tuition or
22 registration fees, except those fees normally charged by other
23 public schools. However, a charter lab school may charge a
24 student activity and service fee as authorized by s.
25 1002.32(5).
26 (e) A charter school shall meet all applicable state
27 and local health, safety, and civil rights requirements.
28 (f) A charter school shall not violate the
29 antidiscrimination provisions of s. 1000.05.
30 (g) A charter school shall provide for an annual
31 financial audit in accordance with s. 218.39.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (h) No organization shall hold more than 15 charters
2 statewide.
3 (i) In order to provide financial information that is
4 comparable to that reported for other public schools, charter
5 schools are to maintain all financial records which constitute
6 their accounting system:
7 1. In accordance with the accounts and codes
8 prescribed in the most recent issuance of the publication
9 titled "Financial and Program Cost Accounting and Reporting
10 for Florida Schools"; or
11 2. At the discretion of the charter school governing
12 board, a charter school may elect to follow generally accepted
13 accounting standards for not-for-profit organizations, but
14 must reformat this information for reporting according to this
15 paragraph.
16
17 Charter schools are to provide annual financial report and
18 program cost report information in the state-required formats
19 for inclusion in district reporting in compliance with s.
20 1011.60(1). Charter schools that are operated by a
21 municipality or are a component unit of a parent nonprofit
22 organization may use the accounting system of the municipality
23 or the parent, but must reformat this information for
24 reporting according to this paragraph.
25 (j) The governing board of the charter school shall
26 annually adopt and maintain an operating budget.
27 (k) The governing body of the charter school shall
28 exercise continuing oversight over charter school operations
29 and make annual progress reports to its sponsor, which upon
30 verification shall be forwarded to the Commissioner of
31 Education at the same time as other annual school
219
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 accountability reports. The report shall contain at least the
2 following information:
3 1. The charter school's progress towards achieving the
4 goals outlined in its charter.
5 2. The information required in the annual school
6 report pursuant to s. 1008.345.
7 3. Financial records of the charter school, including
8 revenues and expenditures.
9 4. Salary and benefit levels of charter school
10 employees.
11 (l) A charter school shall not levy taxes or issue
12 bonds secured by tax revenues.
13 (m) A charter school shall provide instruction for at
14 least the number of days required by law for other public
15 schools, and may provide instruction for additional days.
16 (10) ELIGIBLE STUDENTS.--
17 (a) A charter school shall be open to any student
18 covered in an interdistrict agreement or residing in the
19 school district in which the charter school is located;
20 however, in the case of a charter lab school, the charter lab
21 school shall be open to any student eligible to attend the lab
22 school as provided in s. 1002.32 or who resides in the school
23 district in which the charter lab school is located. Any
24 eligible student shall be allowed interdistrict transfer to
25 attend a charter school when based on good cause.
26 (b) The charter school shall enroll an eligible
27 student who submits a timely application, unless the number of
28 applications exceeds the capacity of a program, class, grade
29 level, or building. In such case, all applicants shall have an
30 equal chance of being admitted through a random selection
31 process.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) When a public school converts to charter status,
2 enrollment preference shall be given to students who would
3 have otherwise attended that public school.
4 (d) A charter school may give enrollment preference to
5 the following student populations:
6 1. Students who are siblings of a student enrolled in
7 the charter school.
8 2. Students who are the children of a member of the
9 governing board of the charter school.
10 3. Students who are the children of an employee of the
11 charter school.
12 (e) A charter school may limit the enrollment process
13 only to target the following student populations:
14 1. Students within specific age groups or grade
15 levels.
16 2. Students considered at risk of dropping out of
17 school or academic failure. Such students shall include
18 exceptional education students.
19 3. Students enrolling in a charter
20 school-in-the-workplace or charter school-in-a-municipality
21 established pursuant to subsection (16).
22 4. Students residing within a reasonable distance of
23 the charter school, as described in paragraph (21)(c). Such
24 students shall be subject to a random lottery and to the
25 racial/ethnic balance provisions described in subparagraph
26 (7)(a)8. or any federal provisions that require a school to
27 achieve a racial/ethnic balance reflective of the community it
28 serves or within the racial/ethnic range of other public
29 schools in the same school district.
30 5. Students who meet reasonable academic, artistic, or
31 other eligibility standards established by the charter school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and included in the charter school application and charter or,
2 in the case of existing charter schools, standards that are
3 consistent with the school's mission and purpose. Such
4 standards shall be in accordance with current state law and
5 practice in public schools and may not discriminate against
6 otherwise qualified individuals.
7 6. Students articulating from one charter school to
8 another pursuant to an articulation agreement between the
9 charter schools that has been approved by the sponsor.
10 (f) Students with handicapping conditions and students
11 served in English for Speakers of Other Languages programs
12 shall have an equal opportunity of being selected for
13 enrollment in a charter school.
14 (g) A student may withdraw from a charter school at
15 any time and enroll in another public school as determined by
16 district school board rule.
17 (h) The capacity of the charter school shall be
18 determined annually by the governing board, in conjunction
19 with the sponsor, of the charter school in consideration of
20 the factors identified in this subsection.
21 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
22 ACTIVITIES.--A charter school student is eligible to
23 participate in an interscholastic extracurricular activity at
24 the public school to which the student would be otherwise
25 assigned to attend pursuant to s. 1006.15(3)(d).
26 (12) EMPLOYEES OF CHARTER SCHOOLS.--
27 (a) A charter school shall select its own employees. A
28 charter school may contract with its sponsor for the services
29 of personnel employed by the sponsor.
30 (b) Charter school employees shall have the option to
31 bargain collectively. Employees may collectively bargain as a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 separate unit or as part of the existing district collective
2 bargaining unit as determined by the structure of the charter
3 school.
4 (c) The employees of a conversion charter school shall
5 remain public employees for all purposes, unless such
6 employees choose not to do so.
7 (d) The teachers at a charter school may choose to be
8 part of a professional group that subcontracts with the
9 charter school to operate the instructional program under the
10 auspices of a partnership or cooperative that they
11 collectively own. Under this arrangement, the teachers would
12 not be public employees.
13 (e) Employees of a school district may take leave to
14 accept employment in a charter school upon the approval of the
15 district school board. While employed by the charter school
16 and on leave that is approved by the district school board,
17 the employee may retain seniority accrued in that school
18 district and may continue to be covered by the benefit
19 programs of that school district, if the charter school and
20 the district school board agree to this arrangement and its
21 financing. School districts shall not require resignations of
22 teachers desiring to teach in a charter school. This paragraph
23 shall not prohibit a district school board from approving
24 alternative leave arrangements consistent with chapter 1012.
25 (f) Teachers employed by or under contract to a
26 charter school shall be certified as required by chapter 1012.
27 A charter school governing board may employ or contract with
28 skilled selected noncertified personnel to provide
29 instructional services or to assist instructional staff
30 members as education paraprofessionals in the same manner as
31 defined in chapter 1012, and as provided by State Board of
223
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education rule for charter school governing boards. A charter
2 school may not knowingly employ an individual to provide
3 instructional services or to serve as an education
4 paraprofessional if the individual's certification or
5 licensure as an educator is suspended or revoked by this or
6 any other state. A charter school may not knowingly employ an
7 individual who has resigned from a school district in lieu of
8 disciplinary action with respect to child welfare or safety,
9 or who has been dismissed for just cause by any school
10 district with respect to child welfare or safety. The
11 qualifications of teachers shall be disclosed to parents.
12 (g) A charter school shall employ or contract with
13 employees who have been fingerprinted as provided in s.
14 1012.32. Members of the governing board of the charter school
15 shall also be fingerprinted in a manner similar to that
16 provided in s. 1012.32.
17 (h) For the purposes of tort liability, the governing
18 body and employees of a charter school shall be governed by s.
19 768.28.
20 (i) A charter school shall organize as, or be operated
21 by, a nonprofit organization. A charter school may be operated
22 by a municipality or other public entity as provided for by
23 law. As such, the charter school may be either a private or a
24 public employer. As a public employer, a charter school may
25 participate in the Florida Retirement System upon application
26 and approval as a "covered group" under s. 121.021(34). If a
27 charter school participates in the Florida Retirement System,
28 the charter school employees shall be compulsory members of
29 the Florida Retirement System. As either a private or a public
30 employer, a charter school may contract for services with an
31 individual or group of individuals who are organized as a
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1 partnership or a cooperative. Individuals or groups of
2 individuals who contract their services to the charter school
3 are not public employees.
4 (13) NUMBER OF SCHOOLS.--
5 (a) The number of newly created charter schools is
6 limited to no more than 28 in each school district that has
7 100,000 or more students, no more than 20 in each school
8 district that has 50,000 to 99,999 students, and no more than
9 12 in each school district with fewer than 50,000 students.
10 (b) An existing public school which converts to a
11 charter school shall not be counted towards the limit
12 established by paragraph (a).
13 (c) Notwithstanding any limit established by this
14 subsection, a district school board or a charter school
15 applicant shall have the right to request an increase of the
16 limit on the number of charter schools authorized to be
17 established within the district from the State Board of
18 Education.
19 (d) Whenever a municipality has submitted charter
20 applications for the establishment of a charter school feeder
21 pattern (elementary, middle, and senior high schools), and
22 upon approval of each individual charter application by the
23 district school board, such applications shall then be
24 designated as one charter school for all purposes listed
25 pursuant to this section.
26 (14) CHARTER SCHOOL COOPERATIVES.--Charter schools may
27 enter into cooperative agreements to form charter school
28 cooperative organizations that may provide the following
29 services: charter school planning and development, direct
30 instructional services, and contracts with charter school
31 governing boards to provide personnel administrative services,
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1 payroll services, human resource management, evaluation and
2 assessment services, teacher preparation, and professional
3 development.
4 (15) CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
5 INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
6 TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into
7 to borrow or otherwise secure funds for a charter school
8 authorized in this section from a source other than the state
9 or a school district shall indemnify the state and the school
10 district from any and all liability, including, but not
11 limited to, financial responsibility for the payment of the
12 principal or interest. Any loans, bonds, or other financial
13 agreements are not obligations of the state or the school
14 district but are obligations of the charter school authority
15 and are payable solely from the sources of funds pledged by
16 such agreement. The credit or taxing power of the state or the
17 school district shall not be pledged and no debts shall be
18 payable out of any moneys except those of the legal entity in
19 possession of a valid charter approved by a district school
20 board pursuant to this section.
21 (16) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
22 SCHOOLS-IN-A-MUNICIPALITY.--
23 (a) In order to increase business partnerships in
24 education, to reduce school and classroom overcrowding
25 throughout the state, and to offset the high costs for
26 educational facilities construction, the Legislature intends
27 to encourage the formation of business partnership schools or
28 satellite learning centers and municipal-operated schools
29 through charter school status.
30 (b) A charter school-in-the-workplace may be
31 established when a business partner provides the school
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1 facility to be used; enrolls students based upon a random
2 lottery that involves all of the children of employees of that
3 business or corporation who are seeking enrollment, as
4 provided for in subsection (10); and enrolls students
5 according to the racial/ethnic balance provisions described in
6 subparagraph (7)(a)8. Any portion of a facility used for a
7 public charter school shall be exempt from ad valorem taxes,
8 as provided for in s. 1013.54, for the duration of its use as
9 a public school.
10 (c) A charter school-in-a-municipality designation may
11 be granted to a municipality that possesses a charter; enrolls
12 students based upon a random lottery that involves all of the
13 children of the residents of that municipality who are seeking
14 enrollment, as provided for in subsection (10); and enrolls
15 students according to the racial/ethnic balance provisions
16 described in subparagraph (7)(a)8. Any portion of the land and
17 facility used for a public charter school shall be exempt from
18 ad valorem taxes, as provided for in s. 1013.54, for the
19 duration of its use as a public school.
20 (d) As used in this subsection, the terms "business
21 partner" or "municipality" may include more than one business
22 or municipality to form a charter school-in-the-workplace or
23 charter school-in-a-municipality.
24 (17) EXEMPTION FROM STATUTES.--
25 (a) A charter school shall operate in accordance with
26 its charter and shall be exempt from all statutes in chapters
27 1000-1013. However, a charter school shall be in compliance
28 with the following statutes in chapters 1000-1013:
29 1. Those statutes specifically applying to charter
30 schools, including this section.
31 2. Those statutes pertaining to the student assessment
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1 program and school grading system.
2 3. Those statutes pertaining to the provision of
3 services to students with disabilities.
4 4. Those statutes pertaining to civil rights,
5 including s. 1000.05, relating to discrimination.
6 5. Those statutes pertaining to student health,
7 safety, and welfare.
8 (b) Additionally, a charter school shall be in
9 compliance with the following statutes:
10 1. Section 286.011, relating to public meetings and
11 records, public inspection, and criminal and civil penalties.
12 2. Chapter 119, relating to public records.
13 (18) FUNDING.--Students enrolled in a charter school,
14 regardless of the sponsorship, shall be funded as if they are
15 in a basic program or a special program, the same as students
16 enrolled in other public schools in the school district.
17 Funding for a charter lab school shall be as provided in s.
18 1002.32.
19 (a) Each charter school shall report its student
20 enrollment to the district school board as required in s.
21 1011.62, and in accordance with the definitions in s. 1011.61.
22 The district school board shall include each charter school's
23 enrollment in the district's report of student enrollment. All
24 charter schools submitting student record information required
25 by the Department of Education shall comply with the
26 Department of Education's guidelines for electronic data
27 formats for such data, and all districts shall accept
28 electronic data that complies with the Department of
29 Education's electronic format.
30 (b) The basis for the agreement for funding students
31 enrolled in a charter school shall be the sum of the school
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1 district's operating funds from the Florida Education Finance
2 Program as provided in s. 1011.62 and the General
3 Appropriations Act, including gross state and local funds,
4 discretionary lottery funds, and funds from the school
5 district's current operating discretionary millage levy;
6 divided by total funded weighted full-time equivalent students
7 in the school district; multiplied by the weighted full-time
8 equivalent students for the charter school. Charter schools
9 whose students or programs meet the eligibility criteria in
10 law shall be entitled to their proportionate share of
11 categorical program funds included in the total funds
12 available in the Florida Education Finance Program by the
13 Legislature, including transportation. Total funding for each
14 charter school shall be recalculated during the year to
15 reflect the revised calculations under the Florida Education
16 Finance Program by the state and the actual weighted full-time
17 equivalent students reported by the charter school during the
18 full-time equivalent student survey periods designated by the
19 Commissioner of Education.
20 (c) If the district school board is providing programs
21 or services to students funded by federal funds, any eligible
22 students enrolled in charter schools in the school district
23 shall be provided federal funds for the same level of service
24 provided students in the schools operated by the district
25 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
26 10306, all charter schools shall receive all federal funding
27 for which the school is otherwise eligible, including Title I
28 funding, not later than 5 months after the charter school
29 first opens and within 5 months after any subsequent expansion
30 of enrollment.
31 (d) District school boards shall make every effort to
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1 ensure that charter schools receive timely and efficient
2 reimbursement, including processing paperwork required to
3 access special state and federal funding for which they may be
4 eligible. The district school board may distribute funds to a
5 charter school for up to 3 months based on the projected
6 full-time equivalent student membership of the charter school.
7 Thereafter, the results of full-time equivalent student
8 membership surveys shall be used in adjusting the amount of
9 funds distributed monthly to the charter school for the
10 remainder of the fiscal year. The payment shall be issued no
11 later than 10 working days after the district school board
12 receives a distribution of state or federal funds. If a
13 warrant for payment is not issued within 30 working days after
14 receipt of funding by the district school board, the school
15 district shall pay to the charter school, in addition to the
16 amount of the scheduled disbursement, interest at a rate of 1
17 percent per month calculated on a daily basis on the unpaid
18 balance from the expiration of the 30-day period until such
19 time as the warrant is issued.
20 (19) FACILITIES.--
21 (a) A charter school shall utilize facilities which
22 comply with the State Uniform Building Code for Public
23 Educational Facilities Construction adopted pursuant to s.
24 1013.37 or with applicable state minimum building codes
25 pursuant to chapter 553 and state minimum fire protection
26 codes pursuant to s. 633.025, as adopted by the authority in
27 whose jurisdiction the facility is located.
28 (b) Any facility, or portion thereof, used to house a
29 charter school whose charter has been approved by the sponsor
30 and the governing board, pursuant to subsection (7), shall be
31 exempt from ad valorem taxes pursuant to s. 196.1983.
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1 (c) Charter school facilities shall utilize facilities
2 which comply with the Florida Building Code, pursuant to
3 chapter 553, and the Florida Fire Prevention Code, pursuant to
4 chapter 633.
5 (d) If a district school board facility or property is
6 available because it is surplus, marked for disposal, or
7 otherwise unused, it shall be provided for a charter school's
8 use on the same basis as it is made available to other public
9 schools in the district. A charter school receiving property
10 from the school district may not sell or dispose of such
11 property without written permission of the school district.
12 Similarly, for an existing public school converting to charter
13 status, no rental or leasing fee for the existing facility or
14 for the property normally inventoried to the conversion school
15 may be charged by the district school board to the parents and
16 teachers organizing the charter school. The charter organizers
17 shall agree to reasonable maintenance provisions in order to
18 maintain the facility in a manner similar to district school
19 board standards. The Public Education Capital Outlay
20 maintenance funds or any other maintenance funds generated by
21 the facility operated as a conversion school shall remain with
22 the conversion school.
23 (20) CAPITAL OUTLAY FUNDING.--Charter schools are
24 eligible for capital outlay funds pursuant to s. 1013.62.
25 (21) SERVICES.--
26 (a) A sponsor shall provide certain administrative and
27 educational services to charter schools. These services shall
28 include contract management services, full-time equivalent and
29 data reporting services, exceptional student education
30 administration services, test administration services,
31 processing of teacher certificate data services, and
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1 information services. Any administrative fee charged by the
2 sponsor for the provision of services shall be limited to 5
3 percent of the available funds defined in paragraph (18)(b).
4 (b) If goods and services are made available to the
5 charter school through the contract with the school district,
6 they shall be provided to the charter school at a rate no
7 greater than the district's actual cost. To maximize the use
8 of state funds, school districts shall allow charter schools
9 to participate in the sponsor's bulk purchasing program if
10 applicable.
11 (c) Transportation of charter school students shall be
12 provided by the charter school consistent with the
13 requirements of part I.e. of chapter 1006. The governing body
14 of the charter school may provide transportation through an
15 agreement or contract with the district school board, a
16 private provider, or parents. The charter school and the
17 sponsor shall cooperate in making arrangements that ensure
18 that transportation is not a barrier to equal access for all
19 students residing within a reasonable distance of the charter
20 school as determined in its charter.
21 (22) PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
22 Department of Education shall provide information to the
23 public, directly and through sponsors, both on how to form and
24 operate a charter school and on how to enroll in charter
25 schools once they are created. This information shall include
26 a standard application format which shall include the
27 information specified in subsection (7). This application
28 format may be used by chartering entities.
29 (23) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
30 REVIEW.--
31 (a) The Department of Education shall regularly
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1 convene a Charter School Review Panel in order to review
2 issues, practices, and policies regarding charter schools. The
3 composition of the review panel shall include individuals with
4 experience in finance, administration, law, education, and
5 school governance, and individuals familiar with charter
6 school construction and operation. The panel shall include two
7 appointees each from the Commissioner of Education, the
8 President of the Senate, and the Speaker of the House of
9 Representatives. The Governor shall appoint three members of
10 the panel and shall designate the chair. Each member of the
11 panel shall serve a 1-year term, unless renewed by the office
12 making the appointment. The panel shall make recommendations
13 to the Legislature, to the Department of Education, to charter
14 schools, and to school districts for improving charter school
15 operations and oversight and for ensuring best business
16 practices at and fair business relationships with charter
17 schools.
18 (b) The Legislature shall review the operation of
19 charter schools during the 2005 Regular Session of the
20 Legislature.
21 (24) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon
22 receipt of the annual report required by paragraph (9)(k), the
23 Department of Education shall provide to the State Board of
24 Education, the Commissioner of Education, the President of the
25 Senate, and the Speaker of the House of Representatives an
26 analysis and comparison of the overall performance of charter
27 school students, to include all students whose scores are
28 counted as part of the statewide assessment program, versus
29 comparable public school students in the district as
30 determined by the statewide assessment program currently
31 administered in the school district, and other assessments
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1 administered pursuant to s. 1008.22(3).
2 (25) CONVERSION CHARTER SCHOOL PILOT PROGRAM.--
3 (a) The conversion charter school pilot program is
4 hereby established with the intent to provide incentives for
5 local school districts to approve conversion charter schools.
6 (b) The conversion charter school pilot program shall
7 be a statewide pilot program in which 10 schools shall be
8 selected based on a competitive application process in
9 accordance with this section.
10 (c) The purpose of the pilot program is to produce
11 significant improvements in student achievement and school
12 management, to encourage and measure the use of innovative
13 learning methods, and to make the school the unit for
14 improvement.
15 (d) Each school principal or a majority of the parents
16 of students attending the school, a majority of the school's
17 teachers, or a majority of the members of the school advisory
18 council may apply to the school district to participate in
19 this pilot program on forms which shall be provided by the
20 Department of Education. The forms shall include
21 acknowledgment by the school principal of applicable
22 provisions of this section and s. 1013.62. For purposes of
23 this paragraph, "a majority of the parents of students
24 attending the school" means more than 50 percent of the
25 parents voting whose children are enrolled at the school,
26 provided that a majority of the parents eligible to vote
27 participate in the ballot process; and "a majority of the
28 school's teachers" means more than 50 percent of the teachers
29 employed at the school, according to procedures established by
30 rule of the State Board of Education pursuant to subsections
31 (3) and (4).
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1 (e) A person or group who has applied to participate
2 in the pilot program created by this section, pursuant to
3 paragraph (d), shall not be subject to an unlawful reprisal,
4 as defined by paragraph (4)(a), as a consequence of such
5 application. The procedures established by subsections (3) and
6 (4) shall apply to any alleged unlawful reprisal which occurs
7 as a consequence of such application.
8 (f) A district school board shall receive and review
9 all applications by school principals, parents, teachers, or
10 school advisory council members to participate in the pilot
11 project; shall select the best applications; and shall submit
12 these applications, together with the district school board's
13 letter of endorsement and commitment of support and
14 cooperation toward the success of program implementation, for
15 review by the statewide selection panel established pursuant
16 to paragraph (g).
17 (g) A conversion charter school pilot program
18 statewide selection panel is established. The panel shall be
19 comprised of the following nine members who are not elected
20 public officials:
21 1. Three members shall be appointed by the Governor.
22 2. Two members shall be appointed by the Commissioner
23 of Education.
24 3. Two members shall be appointed by the President of
25 the Senate.
26 4. Two members shall be appointed by the Speaker of
27 the House of Representatives.
28
29 The panel shall review the conversion charter school pilot
30 program applications submitted by the district school boards
31 and shall select the 10 applications which the panel deems
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Bill No. CS for CS for SB 1564, 1st Eng.
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1 best comply with the purpose of the program pursuant to
2 paragraph (c).
3 (h) Each district school board in which there is a
4 school selected by the statewide panel for participation in
5 the pilot program shall receive a grant as provided in the
6 General Appropriations Act:
7 1. One hundred thousand dollars for planning and
8 development for each conversion charter school selected; and
9 2.a. Eighty thousand dollars for each conversion
10 charter school selected with 500 or fewer students;
11 b. One hundred thousand dollars for each conversion
12 charter school selected with more than 500 but fewer than
13 1,001 students; or
14 c. One hundred twenty thousand dollars for each
15 conversion charter school selected with more than 1,000
16 students.
17
18 The Commissioner of Education may reduce the district's FEFP
19 funding entitlement by the amount of the grant awarded under
20 this subsection if he or she determines that the district has
21 failed to comply with its letter of endorsement and commitment
22 of support and cooperation submitted under paragraph (f).
23 (i) Each conversion charter school selected for
24 participation in the pilot program shall make annual progress
25 reports to the district school board and the Commissioner of
26 Education detailing the school's progress in achieving the
27 purpose of the program as described in paragraph (c).
28 (26) RULEMAKING.--The Department of Education, after
29 consultation with school districts and charter school
30 directors, shall recommend that the State Board of Education
31 adopt rules to implement specific subsections of this section.
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1 Such rules shall require minimum paperwork and shall not limit
2 charter school flexibility authorized by statute.
3 Section 99. Section 1002.34, Florida Statutes, is
4 created to read:
5 1002.34 Charter technical career centers.--
6 (1) AUTHORIZATION.--The Legislature finds that the
7 establishment of charter technical career centers can assist
8 in promoting advances and innovations in workforce preparation
9 and economic development. A charter technical career center
10 may provide a learning environment that better serves the
11 needs of a specific population group or a group of
12 occupations, thus promoting diversity and choices within the
13 public education and public postsecondary technical education
14 community in this state. Therefore, the creation of such
15 centers is authorized as part of the state's program of public
16 education. A charter technical career center may be formed by
17 creating a new school or converting an existing school
18 district or community college program to charter technical
19 status.
20 (2) PURPOSE.--The purpose of a charter technical
21 career center is to:
22 (a) Develop a competitive workforce to support local
23 business and industry and economic development.
24 (b) Create a training and education model that is
25 reflective of marketplace realities.
26 (c) Offer a continuum of career educational
27 opportunities using a school-to-work, tech-prep, technical,
28 academy, and magnet school model.
29 (d) Provide career pathways for lifelong learning and
30 career mobility.
31 (e) Enhance career and technical training.
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1 (3) DEFINITIONS.--As used in this section, the term:
2 (a) "Charter technical career center" or "center"
3 means a public school or a public technical center operated
4 under a charter granted by a district school board or
5 community college board of trustees or a consortium, including
6 one or more district school boards and community college
7 boards of trustees, that includes the district in which the
8 facility is located, that is nonsectarian in its programs,
9 admission policies, employment practices, and operations, and
10 is managed by a board of directors.
11 (b) "Sponsor" means a district school board, a
12 community college board of trustees, or a consortium of one or
13 more of each.
14 (4) CHARTER.--A sponsor may designate centers as
15 provided in this section. An application to establish a
16 center may be submitted by a sponsor or another organization
17 that is determined, by rule of the State Board of Education,
18 to be appropriate. However, an independent school is not
19 eligible for status as a center. The charter must be signed
20 by the governing body of the center and the sponsor, and must
21 be approved by the district school board and community college
22 board of trustees in whose geographic region the facility is
23 located. If a charter technical career center is established
24 by the conversion to charter status of a public technical
25 center formerly governed by a district school board, the
26 charter status of that center takes precedence in any question
27 of governance. The governance of the center or of any program
28 within the center remains with its board of directors unless
29 the board agrees to a change in governance or its charter is
30 revoked as provided in subsection (15). Such a conversion
31 charter technical career center is not affected by a change in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the governance of public technical centers or of programs
2 within other centers that are or have been governed by
3 district school boards. A charter technical career center, or
4 any program within such a center, that was governed by a
5 district school board and transferred to a community college
6 prior to the effective date of this act is not affected by
7 this provision. An applicant who wishes to establish a center
8 must submit to the district school board or community college
9 board of trustees, or a consortium of one or more of each, an
10 application that includes:
11 (a) The name of the proposed center.
12 (b) The proposed structure of the center, including a
13 list of proposed members of the board of directors or a
14 description of the qualifications for and method of their
15 appointment or election.
16 (c) The workforce development goals of the center, the
17 curriculum to be offered, and the outcomes and the methods of
18 assessing the extent to which the outcomes are met.
19 (d) The admissions policy and criteria for evaluating
20 the admission of students.
21 (e) A description of the staff responsibilities and
22 the proposed qualifications of the teaching staff.
23 (f) A description of the procedures to be implemented
24 to ensure significant involvement of representatives of
25 business and industry in the operation of the center.
26 (g) A method for determining whether a student has
27 satisfied the requirements for graduation specified in s.
28 1003.43 and for completion of a postsecondary certificate or
29 degree.
30 (h) A method for granting secondary and postsecondary
31 diplomas, certificates, and degrees.
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1 (i) A description of and address for the physical
2 facility in which the center will be located.
3 (j) A method of resolving conflicts between the
4 governing body of the center and the sponsor and between
5 consortium members, if applicable.
6 (k) A method for reporting student data as required by
7 law and rule.
8 (l) Other information required by the district school
9 board or community college board of trustees.
10
11 Students at a center must meet the same testing and academic
12 performance standards as those established by law and rule for
13 students at public schools and public technical centers. The
14 students must also meet any additional assessment indicators
15 that are included within the charter approved by the district
16 school board or community college board of trustees.
17 (5) APPLICATION.--An application to establish a center
18 must be submitted by February 1 of the year preceding the
19 school year in which the center will begin operation. The
20 sponsor must review the application and make a final decision
21 on whether to approve the application and grant the charter by
22 March 1, and may condition the granting of a charter on the
23 center's taking certain actions or maintaining certain
24 conditions. Such actions and conditions must be provided to
25 the applicant in writing. The district school board or
26 community college board of trustees is not required to issue a
27 charter to any person.
28 (6) SPONSOR.--A district school board or community
29 college board of trustees or a consortium of one or more of
30 each may sponsor a center in the county in which the board has
31 jurisdiction.
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Amendment No. ___ (for drafter's use only)
1 (a) A sponsor must review all applications for centers
2 received through at least February 1 of each calendar year for
3 centers to be opened at the beginning of the sponsor's next
4 school year. A sponsor may receive applications later than
5 this date if it so chooses. To facilitate an accurate budget
6 projection process, a sponsor shall be held harmless for FTE
7 students who are not included in the FTE projection due to
8 approval of applications after the FTE projection deadline. A
9 sponsor must, by a majority vote, approve or deny an
10 application no later than 60 days after the application is
11 received. If an application is denied, the sponsor must,
12 within 10 days, notify the applicant in writing of the
13 specific reasons for denial, which must be based upon good
14 cause. Upon approval of a charter application, the initial
15 startup must be consistent with the beginning of the public
16 school or community college calendar for the district in which
17 the charter is granted, unless the sponsor allows a waiver of
18 this provision for good cause.
19 (b) An applicant may appeal any denial of its
20 application to the State Board of Education within 30 days
21 after the sponsor's denial and shall notify the sponsor of its
22 appeal. Any response of the sponsor must be submitted to the
23 state board within 30 days after notification of the appeal.
24 The State Board of Education must, by majority vote, accept or
25 reject the decision of the sponsor no later than 60 days after
26 an appeal is filed, pursuant to State Board of Education rule.
27 The State Board of Education may reject an appeal for failure
28 to comply with procedural rules governing the appeals process,
29 and the rejection must describe the submission errors. The
30 appellant may have up to 15 days after notice of rejection to
31 resubmit an appeal. An application for appeal submitted after
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1 a rejection is timely if the original appeal was filed within
2 30 days after the sponsor's denial. The State Board of
3 Education shall remand the application to the sponsor with a
4 written recommendation that the sponsor approve or deny the
5 application, consistent with the state board's decision. The
6 decision of the State Board of Education is not subject to the
7 provisions of chapter 120.
8 (c) The sponsor must act upon the recommendation of
9 the State Board of Education within 30 days after it is
10 received, unless the sponsor determines by competent
11 substantial evidence that approving the state board's
12 recommendation would be contrary to law or the best interests
13 of the students or the community. The sponsor must notify the
14 applicant in writing concerning the specific reasons for its
15 failure to follow the state board's recommendation. The
16 sponsor's action on the state board's recommendation is a
17 final action, subject to judicial review.
18 (d) The Department of Education may provide technical
19 assistance to an applicant upon written request.
20 (e) The terms and conditions for the operation of a
21 center must be agreed to by the sponsor and the applicant in a
22 written contract. The sponsor may not impose unreasonable
23 requirements that violate the intent of giving centers greater
24 flexibility to meet educational goals. The applicant and
25 sponsor must reach an agreement on the provisions of the
26 contract or the application is deemed denied.
27 (f) The sponsor shall monitor and review the center's
28 progress towards charter goals and shall monitor the center's
29 revenues and expenditures.
30 (7) LEGAL ENTITY.--A center must organize as a
31 nonprofit organization and adopt a name and corporate seal. A
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1 center is a body corporate and politic, with all powers to
2 implement its charter program. The center may:
3 (a) Be a private or a public employer.
4 (b) Sue and be sued, but only to the same extent and
5 upon the same conditions that a public entity can be sued.
6 (c) Acquire real property by purchase, lease, lease
7 with an option to purchase, or gift, to use as a center
8 facility.
9 (d) Receive and disburse funds.
10 (e) Enter into contracts or leases for services,
11 equipment, or supplies.
12 (f) Incur temporary debts in anticipation of the
13 receipt of funds.
14 (g) Solicit and accept gifts or grants for career
15 center purposes.
16 (h) Take any other action that is not inconsistent
17 with this section and rules adopted under this section.
18 (8) ELIGIBLE STUDENTS.--A center must be open to all
19 students as space is available and may not discriminate in
20 admissions policies or practices on the basis of an
21 individual's physical disability or proficiency in English or
22 on any other basis that would be unlawful if practiced by a
23 public school or a community college. A center may establish
24 reasonable criteria by which to evaluate prospective students,
25 which criteria must be outlined in the charter.
26 (9) FACILITIES.--A center may be located in any
27 suitable location, including part of an existing public school
28 or community college building, space provided on a public
29 worksite, or a public building. A center's facilities must
30 comply with the State Uniform Building Code for Public
31 Educational Facilities Construction adopted pursuant to s.
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1 1013.37, or with applicable state minimum building codes
2 pursuant to chapter 553, and state minimum fire protection
3 codes pursuant to s. 633.025, adopted by the authority in
4 whose jurisdiction the facility is located. If K-12 public
5 school funds are used for construction, the facility must
6 remain on the local school district's Florida Inventory of
7 School Houses (FISH) school building inventory of the district
8 school board and must revert to the district school board if
9 the consortium dissolves and the program is discontinued. If
10 community college public school funds are used for
11 construction, the facility must remain on the local community
12 college's facilities inventory and must revert to the local
13 community college board of trustees if the consortium
14 dissolves and the program is discontinued. The additional
15 student capacity created by the addition of the center to the
16 local school district's FISH may not be calculated in the
17 permanent student capacity for the purpose of determining need
18 or eligibility for state capital outlay funds while the
19 facility is used as a center. If the construction of the
20 center is funded jointly by K-12 public school funds and
21 community college funds, the sponsoring entities must agree,
22 before granting the charter, on the appropriate owner and
23 terms of transfer of the facility if the charter is dissolved.
24 (10) EXEMPTION FROM STATUTES.--
25 (a) A center must operate pursuant to its charter and
26 is exempt from all statutes of the Florida School Code except
27 provisions pertaining to civil rights and to student health,
28 safety, and welfare, or as otherwise required by law.
29 (b) A center must comply with the Florida K-20
30 Education Code with respect to providing services to students
31 with disabilities.
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1 (c) A center must comply with the antidiscrimination
2 provisions of s. 1000.05.
3 (11) FUNDING.--
4 (a) Each district school board and community college
5 that sponsors a charter technical career center shall pay
6 directly to the center an amount stated in the charter. State
7 funding shall be generated for the center for its student
8 enrollment and program outcomes as provided in law. A center
9 is eligible for funding from the Florida Workforce Development
10 Education Fund, the Florida Education Finance Program, and the
11 Community College Program Fund, depending upon the programs
12 conducted by the center.
13 (b) A center may receive other state and federal aid,
14 grants, and revenue through the district school board or
15 community college board of trustees.
16 (c) A center may receive gifts and grants from private
17 sources.
18 (d) A center may not levy taxes or issue bonds, but it
19 may charge a student tuition fee consistent with authority
20 granted in its charter and permitted by law.
21 (e) A center shall provide for an annual financial
22 audit in accordance with s. 218.39.
23 (f) A center must provide instruction for at least the
24 number of days required by law for other public schools or
25 community colleges, as appropriate, and may provide
26 instruction for additional days.
27 (12) EMPLOYEES OF A CENTER.--
28 (a) A center may select its own employees.
29 (b) A center may contract for services with an
30 individual, partnership, or a cooperative. Such persons
31 contracted with are not public employees.
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1 (c) If a center contracts with a public educational
2 agency for services, the terms of employment must follow
3 existing state law and rule and local policies and procedures.
4 (d) The employees of a center may bargain
5 collectively, as a separate unit or as part of the existing
6 district collective bargaining unit, as determined by the
7 structure of the center.
8 (e) As a public employer, a center may participate in:
9 1. The Florida Retirement System upon application and
10 approval as a "covered group" under s. 121.021(34). If a
11 center participates in the Florida Retirement System, its
12 employees are compulsory members of the Florida Retirement
13 System.
14 2. The State Community College System Optional
15 Retirement Program pursuant to s. 1012.875(2), if the charter
16 is granted by a community college that participates in the
17 optional retirement program and meets the eligibility criteria
18 of s. 121.051(2)(c).
19 (f) Teachers who are considered qualified by the
20 career center are exempt from state certification
21 requirements.
22 (g) A public school or community college teacher or
23 administrator may take a leave of absence to accept employment
24 in a charter technical career center upon the approval of the
25 school district or community college.
26 (h) An employee who is on a leave of absence under
27 this section may retain seniority accrued in that school
28 district or community college and may continue to be covered
29 by the benefit programs of that district or community college
30 if the center and the district school board or community
31 college board of trustees agree to this arrangement and its
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1 financing.
2 (13) BOARD OF DIRECTORS AUTHORITY.--The board of
3 directors of a center may decide matters relating to the
4 operation of the school, including budgeting, curriculum, and
5 operating procedures, subject to the center's charter.
6 (14) ACCOUNTABILITY.--Each center must submit a report
7 to the participating district school board or community
8 college board of trustees by August 1 of each year. The
9 report must be in such form as the sponsor prescribes and must
10 include:
11 (a) A discussion of progress made toward the
12 achievement of the goals outlined in the center's charter.
13 (b) A financial statement setting forth by appropriate
14 categories the revenue and expenditures for the previous
15 school year.
16 (15) TERMS OF THE CHARTER.--The term of an initial
17 charter may not exceed 5 years. Thereafter, the sponsor may
18 renew a charter for a period up to 5 years. The sponsor may
19 refuse to renew a charter or may revoke a charter if the
20 center has not fulfilled a condition imposed under the charter
21 or if the center has violated any provision of the charter.
22 The sponsor may place the center on probationary status to
23 allow the implementation of a remedial plan, after which, if
24 the plan is unsuccessful, the charter may be summarily
25 revoked. The sponsor shall develop procedures and guidelines
26 for the revocation and renewal of a center's charter. The
27 sponsor must give written notice of its intent not to renew
28 the charter at least 12 months before the charter expires. If
29 the sponsor revokes a charter before the scheduled expiration
30 date, the sponsor must provide written notice to the governing
31 board of the center at least 60 days before the date of
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1 termination, stating the grounds for the proposed revocation.
2 The governing board of the center may request in writing an
3 informal hearing before the sponsor within 14 days after
4 receiving the notice of revocation. A revocation takes effect
5 at the conclusion of a school year, unless the sponsor
6 determines that earlier revocation is necessary to protect the
7 health, safety, and welfare of students. The sponsor shall
8 monitor and review the center in its progress towards the
9 goals established in the charter and shall monitor the
10 revenues and expenditures of the center.
11 (16) TRANSPORTATION.--The center may provide
12 transportation, pursuant to chapter 1006, through a contract
13 with the district school board or the community college board
14 of trustees, a private provider, or parents of students. The
15 center must ensure that transportation is not a barrier to
16 equal access for all students in grades K-12 residing within a
17 reasonable distance of the facility.
18 (17) IMMUNITY.--For the purposes of tort liability,
19 the governing body and employees of a center are governed by
20 s. 768.28.
21 (18) RULES.--The State Board of Education shall adopt
22 rules, pursuant to chapter 120, relating to the implementation
23 of charter technical career centers.
24 (19) EVALUATION; REPORT.--The Commissioner of
25 Education shall provide for an annual comparative evaluation
26 of charter technical career centers and public technical
27 centers. The evaluation may be conducted in cooperation with
28 the sponsor, through private contracts, or by department
29 staff. At a minimum, the comparative evaluation must address
30 the demographic and socioeconomic characteristics of the
31 students served, the types and costs of services provided, and
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1 the outcomes achieved. By December 30 of each year, the
2 Commissioner of Education shall submit to the Governor, the
3 President of the Senate, the Speaker of the House of
4 Representatives, and the Senate and House committees that have
5 responsibility for secondary and postsecondary career and
6 technical education a report of the comparative evaluation
7 completed for the previous school year.
8 Section 100. Section 1002.35, Florida Statutes, is
9 created to read:
10 1002.35 New World School of the Arts.--
11 (1) The New World School of the Arts is created as a
12 center of excellence for the performing and visual arts, to
13 serve all of the State of Florida. The school shall offer a
14 program of academic and artistic studies in the visual and
15 performing arts which shall be available to talented high
16 school and college students.
17 (2)(a) For purposes of governance, the New World
18 School of the Arts is assigned to Miami-Dade Community
19 College, the Dade County School District, and one or more
20 universities designated by the State Board of Education. The
21 State Board of Education shall assign to the New World School
22 of the Arts a university partner or partners. In this
23 selection, the State Board of Education shall consider the
24 accreditation status of the core programs. Florida
25 International University, in its capacity as the provider of
26 university services to Dade County, shall be a partner to
27 serve the New World School of the Arts, upon meeting the
28 accreditation criteria. The respective boards shall appoint
29 members to an executive board for administration of the
30 school. The executive board may include community members and
31 shall reflect proportionately the participating institutions.
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1 Miami-Dade Community College shall serve as fiscal agent for
2 the school.
3 (b) The New World School of the Arts Foundation is
4 created for the purpose of providing auxiliary financial
5 support for the school's programs, including, but not limited
6 to, the promotion and sponsorship of special events and
7 scholarships. Foundation membership shall be determined by the
8 executive board.
9 (c) The school may affiliate with other public or
10 private educational or arts institutions. The school shall
11 serve as a professional school for all qualified students
12 within appropriations and limitations established by the
13 Legislature and the respective educational institutions.
14 (3) The school shall submit annually a formula-driven
15 budget request to the commissioner and the Legislature. This
16 formula shall be developed in consultation with the Department
17 of Education and staff of the Legislature. However, the actual
18 funding for the school shall be determined by the Legislature
19 in the General Appropriations Act.
20 (4) The State Board of Education shall utilize
21 resources, programs, and faculty from the various state
22 universities in planning and providing the curriculum and
23 courses at the New World School of the Arts, drawing on
24 program strengths at each state university.
25 Section 101. Section 1002.36, Florida Statutes, is
26 created to read:
27 1002.36 Florida School for the Deaf and the Blind.--
28 (1) RESPONSIBILITIES.--The Florida School for the Deaf
29 and the Blind is a state-supported residential school for
30 hearing-impaired and visually impaired students in preschool
31 through 12th grade. The school is a part of the state system
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1 of public education and shall be funded through the Department
2 of Education. The school shall provide educational programs
3 and support services appropriate to meet the education and
4 related evaluation and counseling needs of hearing-impaired
5 and visually impaired students in the state who meet
6 enrollment criteria. Education services may be provided on an
7 outreach basis for sensory-impaired children ages 0 through 5
8 years and their parents. Graduates of the Florida School for
9 the Deaf and the Blind shall be eligible for the William L.
10 Boyd, IV, Florida Resident Access Grant Program as provided in
11 s. 1009.89.
12 (2) MISSION.--The mission of the Florida School for
13 the Deaf and the Blind is to utilize all available talent,
14 energy, and resources to provide free appropriate public
15 education for eligible sensory-impaired students of Florida.
16 As a school of academic excellence, the school shall strive to
17 provide students an opportunity to maximize their individual
18 potential in a caring, safe, unique learning environment to
19 prepare them to be literate, employable, and independent
20 lifelong learners. The school shall provide outreach services
21 that include collaboration with district school boards and
22 shall encourage input from students, staff, parents, and the
23 community. As a diverse organization, the school shall foster
24 respect and understanding for each individual.
25 (3) AUDITS.--The Auditor General shall audit the
26 Florida School for the Deaf and the Blind as provided in
27 chapter 11.
28 (4) BOARD OF TRUSTEES.--
29 (a) There is hereby created a Board of Trustees for
30 the Florida School for the Deaf and the Blind which shall
31 consist of seven members. Of these seven members, one
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1 appointee shall be a blind person and one appointee shall be a
2 deaf person. Each member shall have been a resident of the
3 state for a period of at least 10 years. Their terms of office
4 shall be 4 years. The appointment of the trustees shall be by
5 the Governor with the confirmation of the Senate. The Governor
6 may remove any member for cause and shall fill all vacancies
7 that occur.
8 (b) The board of trustees shall elect a chair
9 annually. The trustees shall be reimbursed for travel expenses
10 as provided in s. 112.061, the accounts of which shall be paid
11 by the Treasurer upon itemized vouchers duly approved by the
12 chair.
13 (c) The board of trustees has authority to adopt rules
14 pursuant to ss. 120.536(1) and 120.54 to implement provisions
15 of law relating to operation of the Florida School for the
16 Deaf and the Blind. Such rules shall be submitted to the State
17 Board of Education for approval or disapproval. If any rule is
18 not disapproved by the State Board of Education within 60 days
19 of its receipt by the State Board of Education, the rule shall
20 be filed immediately with the Department of State. The board
21 of trustees shall act at all times in conjunction with the
22 rules of the State Board of Education.
23 (d) The board of trustees is a body corporate and
24 shall have a corporate seal. Title to any gift, donation, or
25 bequest received by the board of trustees pursuant to
26 subsection (5) shall vest in the board of trustees. Title to
27 all other property and other assets of the Florida School for
28 the Deaf and the Blind shall vest in the State Board of
29 Education, but the board of trustees shall have complete
30 jurisdiction over the management of the school and is invested
31 with full power and authority to appoint a president, faculty,
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1 teachers, and other employees and remove the same as in its
2 judgment may be best and fix their compensation; to procure
3 professional services, such as medical, mental health,
4 architectural, engineering, and legal services; to determine
5 eligibility of students and procedure for admission; to
6 provide for the students of the school necessary bedding,
7 clothing, food, and medical attendance and such other things
8 as may be proper for the health and comfort of the students
9 without cost to their parents, except that the board of
10 trustees may set tuition and other fees for nonresidents; to
11 provide for the proper keeping of accounts and records and for
12 budgeting of funds; to enter into contracts; to sue and be
13 sued; to secure public liability insurance; and to do and
14 perform every other matter or thing requisite to the proper
15 management, maintenance, support, and control of the school at
16 the highest efficiency economically possible, the board of
17 trustees taking into consideration the purposes of the
18 establishment.
19 (e)1. The board of trustees is authorized to receive
20 gifts, donations, and bequests of money or property, real or
21 personal, tangible or intangible, from any person, firm,
22 corporation, or other legal entity. However, the board of
23 trustees may not obligate the state to any expenditure or
24 policy that is not specifically authorized by law.
25 2. If the bill of sale, will, trust indenture, deed,
26 or other legal conveyance specifies terms and conditions
27 concerning the use of such money or property, the board of
28 trustees shall observe such terms and conditions.
29 3. The board of trustees may deposit outside the State
30 Treasury such moneys as are received as gifts, donations, or
31 bequests and may disburse and expend such moneys, upon its own
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1 warrant, for the use and benefit of the Florida School for the
2 Deaf and the Blind and its students, as the board of trustees
3 deems to be in the best interest of the school and its
4 students. Such money or property shall not constitute or be
5 considered a part of any legislative appropriation, and such
6 money shall not be used to compensate any person for engaging
7 in lobbying activities before the House of Representatives or
8 Senate or any committee thereof.
9 4. The board of trustees may sell or convey by bill of
10 sale, deed, or other legal instrument any property, real or
11 personal, received as a gift, donation, or bequest, upon such
12 terms and conditions as the board of trustees deems to be in
13 the best interest of the school and its students.
14 5. The board of trustees may invest such moneys in
15 securities enumerated under s. 215.47, and in The Common Fund,
16 an Investment Management Fund exclusively for nonprofit
17 educational institutions.
18 (f) The board of trustees shall:
19 1. Prepare and submit legislative budget requests,
20 including fixed capital outlay requests, in accordance with
21 chapter 216 and s. 1013.60.
22 2. Administer and maintain personnel programs for all
23 employees of the board of trustees and the Florida School for
24 the Deaf and the Blind who shall be state employees, including
25 the personnel classification and pay plan established in
26 accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
27 academic and academic administrative personnel, the provisions
28 of chapter 110, and the provisions of law that grant authority
29 to the Department of Management Services over such programs
30 for state employees.
31 3. Adopt a master plan which specifies the mission and
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1 objectives of the Florida School for the Deaf and the Blind.
2 The plan shall include, but not be limited to, procedures for
3 systematically measuring the school's progress toward meeting
4 its objectives, analyzing changes in the student population,
5 and modifying school programs and services to respond to such
6 changes. The plan shall be for a period of 5 years and shall
7 be reviewed for needed modifications every 2 years. The board
8 of trustees shall submit the initial plan and subsequent
9 modifications to the Speaker of the House of Representatives
10 and the President of the Senate.
11 4. Seek the advice of the Division of Public Schools
12 within the Department of Education.
13 (g) The Board of Trustees for the Florida School for
14 the Deaf and the Blind, located in St. Johns County, shall
15 designate a portion of the school as "The Verle Allyn Pope
16 Complex for the Deaf," in tribute to the late Senator Verle
17 Allyn Pope.
18 (5) STUDENT AND EMPLOYEE PERSONNEL RECORDS.--The Board
19 of Trustees for the Florida School for the Deaf and the Blind
20 shall provide for the content and custody of student and
21 employee personnel records. Student records shall be subject
22 to the provisions of s. 1002.22. Employee personnel records
23 shall be subject to the provisions of s. 1012.31.
24 (6) LEGAL SERVICES.--The Board of Trustees for the
25 Florida School for the Deaf and the Blind may provide legal
26 services for officers and employees of the board of trustees
27 who are charged with civil or criminal actions arising out of
28 and in the course of the performance of assigned duties and
29 responsibilities. The board of trustees may provide for
30 reimbursement of reasonable expenses for legal services for
31 officers and employees of said board of trustees who are
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1 charged with civil or criminal actions arising out of and in
2 the course of the performance of assigned duties and
3 responsibilities upon successful defense by the officer or
4 employee. However, in any case in which the officer or
5 employee pleads guilty or nolo contendere or is found guilty
6 of any such action, the officer or employee shall reimburse
7 the board of trustees for any legal services that the board of
8 trustees may have supplied pursuant to this section. The
9 board of trustees may also reimburse an officer or employee
10 thereof for any judgment that may be entered against him or
11 her in a civil action arising out of and in the course of the
12 performance of his or her assigned duties and
13 responsibilities. Each expenditure by the board of trustees
14 for legal defense of an officer or employee, or for
15 reimbursement pursuant to this section, shall be made at a
16 public meeting with notice pursuant to s. 120.525(1). The
17 providing of such legal services or reimbursement under the
18 conditions described in this subsection is declared to be a
19 school purpose for which school funds may be expended.
20 (7) PERSONNEL SCREENING.--
21 (a) The Board of Trustees of the Florida School for
22 the Deaf and the Blind shall, because of the special trust or
23 responsibility of employees of the school, require all
24 employees and applicants for employment to undergo personnel
25 screening and security background investigations as provided
26 in chapter 435, using the level 2 standards for screening set
27 forth in that chapter, as a condition of employment and
28 continued employment. The cost of a personnel screening and
29 security background investigation for an employee of the
30 school shall be paid by the school. The cost of such a
31 screening and investigation for an applicant for employment
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1 may be paid by the school.
2 (b) As a prerequisite for initial and continuing
3 employment at the Florida School for the Deaf and the Blind:
4 1. The applicant or employee shall submit to the
5 Florida School for the Deaf and the Blind a complete set of
6 fingerprints taken by an authorized law enforcement agency or
7 an employee of the Florida School for the Deaf and the Blind
8 who is trained to take fingerprints. The Florida School for
9 the Deaf and the Blind shall submit the fingerprints to the
10 Department of Law Enforcement for state processing and the
11 Federal Bureau of Investigation for federal processing.
12 2.a. The applicant or employee shall attest to the
13 minimum standards for good moral character as contained in
14 chapter 435, using the level 2 standards set forth in that
15 chapter under penalty of perjury.
16 b. New personnel shall be on a probationary status
17 pending a determination of compliance with such minimum
18 standards for good moral character. This paragraph is in
19 addition to any probationary status provided for by Florida
20 law or Florida School for the Deaf and the Blind rules or
21 collective bargaining contracts.
22 3. The Florida School for the Deaf and the Blind shall
23 review the record of the applicant or employee with respect to
24 the crimes contained in s. 435.04 and shall notify the
25 applicant or employee of its findings. When disposition
26 information is missing on a criminal record, it shall be the
27 responsibility of the applicant or employee, upon request of
28 the Florida School for the Deaf and the Blind, to obtain and
29 supply within 30 days the missing disposition information to
30 the Florida School for the Deaf and the Blind. Failure to
31 supply missing information within 30 days or to show
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1 reasonable efforts to obtain such information shall result in
2 automatic disqualification of an applicant and automatic
3 termination of an employee.
4 4. After an initial personnel screening and security
5 background investigation, written notification shall be given
6 to the affected employee within a reasonable time prior to any
7 subsequent screening and investigation.
8 (c) The Florida School for the Deaf and the Blind may
9 grant exemptions from disqualification as provided in s.
10 435.07.
11 (d) The Florida School for the Deaf and the Blind may
12 not use the criminal records, private investigator findings,
13 or information reference checks obtained by the school
14 pursuant to this section for any purpose other than
15 determining if a person meets the minimum standards for good
16 moral character for personnel employed by the school. The
17 criminal records, private investigator findings, and
18 information from reference checks obtained by the Florida
19 School for the Deaf and the Blind for determining the moral
20 character of employees of the school are confidential and
21 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
22 I of the State Constitution.
23 (e) It is a misdemeanor of the first degree,
24 punishable as provided in s. 775.082 or s. 775.083, for any
25 person willfully, knowingly, or intentionally to:
26 1. Fail, by false statement, misrepresentation,
27 impersonation, or other fraudulent means, to disclose in any
28 application for voluntary or paid employment a material fact
29 used in making a determination as to such person's
30 qualifications for a position of special trust.
31 2. Use the criminal records, private investigator
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1 findings, or information from reference checks obtained under
2 this section or information obtained from such records or
3 findings for purposes other than screening for employment or
4 release such information or records to persons for purposes
5 other than screening for employment.
6 (f) For the purpose of teacher certification, the
7 Florida School for the Deaf and the Blind shall be considered
8 a school district.
9 (8) CAMPUS POLICE.--
10 (a) The Board of Trustees for the Florida School for
11 the Deaf and the Blind is permitted and empowered to employ
12 police officers for the school, who must be designated Florida
13 School for the Deaf and the Blind campus police.
14 (b) Each Florida School for the Deaf and the Blind
15 campus police officer is a law enforcement officer of the
16 state and a conservator of the peace who has the authority to
17 arrest, in accordance with the laws of this state, any person
18 for a violation of state law or applicable county or municipal
19 ordinance if that violation occurs on or in any property or
20 facilities of the school. A campus police officer may also
21 arrest a person off campus for a violation committed on campus
22 after a hot pursuit of that person which began on campus. A
23 campus police officer shall have full authority to bear arms
24 in the performance of the officer's duties and carry out a
25 search pursuant to a search warrant on the campus. Florida
26 School for the Deaf and the Blind campus police, upon request
27 of the sheriff or local police authority, may serve subpoenas
28 or other legal process and may make arrests of persons against
29 whom arrest warrants have been issued or against whom charges
30 have been made for violations of federal or state laws or
31 county or municipal ordinances.
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1 (c) The campus police shall promptly deliver all
2 persons arrested and charged with felonies to the sheriff of
3 the county within which the school is located and all persons
4 arrested and charged with misdemeanors to the applicable
5 authority as provided by law, but otherwise to the sheriff of
6 the county in which the school is located.
7 (d) The campus police must meet the minimum standards
8 established by the Criminal Justice Standards and Training
9 Commission of the Department of Law Enforcement and chapter
10 943 for law enforcement officers. Each campus police officer
11 must, before entering into the performance of the officer's
12 duties, take the oath of office established by the board of
13 trustees. The board of trustees may obtain and approve a bond
14 on each campus police officer, conditioned upon the officer's
15 faithful performance of the officer's duties, which bond must
16 be payable to the Governor. The board of trustees may
17 determine the amount of the bond. In determining the amount of
18 the bond, the board may consider the amount of money or
19 property likely to be in the custody of the officer at any one
20 time. The board of trustees must provide a uniform set of
21 identifying credentials to each campus police officer it
22 employs.
23 (e) In performance of any of the powers, duties, and
24 functions authorized by law, campus police have the same
25 rights, protections, and immunities afforded other law
26 enforcement officers.
27 (f) The board of trustees shall adopt rules,
28 including, without limitation, rules for the appointment,
29 employment, and removal of campus police in accordance with
30 the State Career Service System and shall establish in writing
31 a policy manual, that includes, without limitation, procedures
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1 for managing routine law enforcement situations and emergency
2 law enforcement situations. The board of trustees shall
3 furnish a copy of the policy manual to each of the campus
4 police officers it employs. A campus police officer appointed
5 by the board of trustees must have completed the training
6 required by the school in the special needs and proper
7 procedures for dealing with students served by the school.
8 (9) REPORT OF CAMPUS CRIME STATISTICS.--
9 (a) The school shall prepare an annual report of
10 statistics of crimes committed on its campus and shall submit
11 the report to the board of trustees and the Commissioner of
12 Education. The data for these reports may be taken from the
13 annual report of the Department of Law Enforcement. The board
14 of trustees shall prescribe the form for submission of these
15 reports.
16 (b) The school shall prepare annually a report of
17 statistics of crimes committed on its campus for the preceding
18 3 years. The school shall give students and prospective
19 students notice that this report is available upon request.
20 Section 102. Section 1002.37, Florida Statutes, is
21 created to read:
22 1002.37 The Florida Virtual School.--
23 (1)(a) The Florida Virtual School is established for
24 the development and delivery of on-line and distance learning
25 education and shall be administratively housed within the
26 Commissioner of Education's Office of Technology and
27 Information Services. The Commissioner of Education shall
28 monitor the school's performance and report its performance to
29 the State Board of Education and the Legislature.
30 (b) The mission of the Florida Virtual School is to
31 provide students with technology-based educational
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1 opportunities to gain the knowledge and skills necessary to
2 succeed. The school shall serve any student in the state who
3 meets the profile for success in this educational delivery
4 context and shall give priority to:
5 1. Students who need expanded access to courses in
6 order to meet their educational goals, such as home education
7 students and students in inner-city and rural high schools who
8 do not have access to higher-level courses.
9 2. Students seeking accelerated access in order to
10 obtain a high school diploma at least one semester early.
11 (c) To ensure students are informed of the
12 opportunities offered by the Florida Virtual School, the
13 commissioner shall provide the board of trustees of the
14 Florida Virtual School access to the records of public school
15 students in a format prescribed by the board of trustees.
16
17 The board of trustees of the Florida Virtual School shall
18 identify appropriate performance measures and standards based
19 on student achievement that reflect the school's statutory
20 mission and priorities, and shall implement an accountability
21 system for the school that includes assessment of its
22 effectiveness and efficiency in providing quality services
23 that encourage high student achievement, seamless
24 articulation, and maximum access.
25 (2) The Florida Virtual School shall be governed by a
26 board of trustees comprised of seven members appointed by the
27 Governor to 4-year staggered terms. The board of trustees
28 shall be a public agency entitled to sovereign immunity
29 pursuant to s. 768.28, and board members shall be public
30 officers who shall bear fiduciary responsibility for the
31 Florida Virtual School. The board of trustees shall have the
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1 following powers and duties:
2 (a)1. The board of trustees shall meet at least 4
3 times each year, upon the call of the chair, or at the request
4 of a majority of the membership.
5 2. The fiscal year for the Florida Virtual School
6 shall be the state fiscal year as provided in s.
7 216.011(1)(o).
8 (b) The board of trustees shall be responsible for the
9 Florida Virtual School's development of a state-of-the-art
10 technology-based education delivery system that is
11 cost-effective, educationally sound, marketable, and capable
12 of sustaining a self-sufficient delivery system through the
13 Florida Education Finance Program, by fiscal year 2003-2004.
14 The school shall collect and report data for all students
15 served and credit awarded. This data shall be segregated by
16 private, public, and home education students by program.
17 Information shall also be collected that reflects any other
18 school in which a virtual school student is enrolled.
19 (c) The board of trustees shall aggressively seek
20 avenues to generate revenue to support its future endeavors,
21 and shall enter into agreements with distance learning
22 providers. The board of trustees may acquire, enjoy, use, and
23 dispose of patents, copyrights, and trademarks and any
24 licenses and other rights or interests thereunder or therein.
25 Ownership of all such patents, copyrights, trademarks,
26 licenses, and rights or interests thereunder or therein shall
27 vest in the state, with the board of trustees having full
28 right of use and full right to retain the revenues derived
29 therefrom. Any funds realized from patents, copyrights,
30 trademarks, or licenses shall be used to support the school's
31 marketing and research and development activities in order to
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1 improve courseware and services to its students.
2 (d) The board of trustees shall annually prepare and
3 submit to the State Board of Education a legislative budget
4 request, including funding requests for computers for public
5 school students who do not have access to public school
6 computers, in accordance with chapter 216 and s. 1013.60. The
7 legislative budget request of the Florida Virtual School shall
8 be prepared using the same format, procedures, and timelines
9 required for the submission of the legislative budget of the
10 Department of Education. Nothing in this section shall be
11 construed to guarantee a computer to any individual student.
12 (e) In accordance with law and rules of the State
13 Board of Education, the board of trustees shall administer and
14 maintain personnel programs for all employees of the board of
15 trustees and the Florida Virtual School. The board of trustees
16 may adopt rules, policies, and procedures related to the
17 appointment, employment, and removal of personnel.
18 1. The board of trustees shall determine the
19 compensation, including salaries and fringe benefits, and
20 other conditions of employment for such personnel.
21 2. The board of trustees may establish and maintain a
22 personnel loan or exchange program by which persons employed
23 by the board of trustees for the Florida Virtual School as
24 academic administrative and instructional staff may be loaned
25 to, or exchanged with persons employed in like capacities by,
26 public agencies either within or without this state, or by
27 private industry. With respect to public agency employees, the
28 program authorized by this subparagraph shall be consistent
29 with the requirements of part II of chapter 112. The salary
30 and benefits of board of trustees personnel participating in
31 the loan or exchange program shall be continued during the
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1 period of time they participate in a loan or exchange program,
2 and such personnel shall be deemed to have no break in
3 creditable or continuous service or employment during such
4 time. The salary and benefits of persons participating in the
5 personnel loan or exchange program who are employed by public
6 agencies or private industry shall be paid by the originating
7 employers of those participants, and such personnel shall be
8 deemed to have no break in creditable or continuous service or
9 employment during such time.
10 3. The employment of all Florida Virtual School
11 academic administrative and instructional personnel shall be
12 subject to rejection for cause by the board of trustees, and
13 shall be subject to policies of the board of trustees relative
14 to certification, tenure, leaves of absence, sabbaticals,
15 remuneration, and such other conditions of employment as the
16 board of trustees deems necessary and proper, not inconsistent
17 with law.
18 4. Each person employed by the board of trustees in an
19 academic administrative or instructional capacity with the
20 Florida Virtual School shall be entitled to a contract as
21 provided by rules of the board of trustees.
22 5. All employees except temporary, seasonal, and
23 student employees may be state employees for the purpose of
24 being eligible to participate in the Florida Retirement System
25 and receive benefits. The classification and pay plan,
26 including terminal leave and other benefits, and any
27 amendments thereto, shall be subject to review and approval by
28 the Department of Management Services and the Executive Office
29 of the Governor prior to adoption. In the event that the board
30 of trustees assumes responsibility for governance pursuant to
31 this section before approval is obtained, employees shall be
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1 compensated pursuant to the system in effect for the employees
2 of the fiscal agent.
3 (f) The board of trustees shall establish priorities
4 for admission of students in accordance with paragraph (1)(b).
5 (g) The board of trustees shall establish and
6 distribute to all school districts and high schools in the
7 state procedures for enrollment of students in courses offered
8 by the Florida Virtual School. Such procedures shall be
9 designed to minimize paperwork and fairly resolve the issue of
10 double funding students taking courses online.
11 (h) The board of trustees shall annually submit to the
12 State Board of Education both forecasted and actual
13 enrollments for the Florida Virtual School, according to
14 procedures established by the State Board of Education. At a
15 minimum, such procedures must include the number of public,
16 private, and home education students served by district.
17 (i) The board of trustees shall provide for the
18 content and custody of student and employee personnel records.
19 Student records shall be subject to the provisions of s.
20 1002.22. Employee records shall be subject to the provisions
21 of s. 1012.31.
22 (j) The financial records and accounts of the Florida
23 Virtual School shall be maintained under the direction of the
24 board of trustees and under rules adopted by the State Board
25 of Education for the uniform system of financial records and
26 accounts for the schools of the state.
27
28 The Governor shall designate the initial chair of the board of
29 trustees to serve a term of 4 years. Members of the board of
30 trustees shall serve without compensation, but may be
31 reimbursed for per diem and travel expenses pursuant to s.
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1 112.061. The board of trustees shall be a body corporate with
2 all the powers of a body corporate and such authority as is
3 needed for the proper operation and improvement of the Florida
4 Virtual School. The board of trustees is specifically
5 authorized to adopt rules, policies, and procedures,
6 consistent with law and rules of the State Board of Education
7 related to governance, personnel, budget and finance,
8 administration, programs, curriculum and instruction, travel
9 and purchasing, technology, students, contracts and grants,
10 and property as necessary for optimal, efficient operation of
11 the Florida Virtual School. Tangible personal property owned
12 by the board of trustees shall be subject to the provisions of
13 chapter 273.
14 (3)(a) Until fiscal year 2003-2004, the Commissioner
15 of Education shall include the Florida Virtual School as a
16 grant-in-aid appropriation in the department's legislative
17 budget request to the State Board of Education, the Governor,
18 and the Legislature, subject to any guidelines imposed in the
19 General Appropriations Act.
20 (b) The Orange County District School Board shall be
21 the temporary fiscal agent of the Florida Virtual School.
22 (4) Under no circumstance may the credit of the state
23 be pledged on behalf of the Florida Virtual School.
24 (5) The board of trustees shall annually submit to the
25 Governor, the Legislature, the Commissioner of Education, and
26 the State Board of Education a complete and detailed report
27 setting forth:
28 (a) The operations and accomplishments of the Florida
29 Virtual School.
30 (b) The marketing and operational plan for the Florida
31 Virtual School, including recommendations regarding methods
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1 for improving the delivery of education through the Internet
2 and other distance learning technology.
3 (c) The assets and liabilities of the Florida Virtual
4 School at the end of the fiscal year.
5 (d) A copy of an annual financial audit of the
6 accounts and records of the Florida Virtual School, conducted
7 by an independent certified public accountant and performed in
8 accordance with rules adopted by the Auditor General.
9 (e) Recommendations regarding the unit cost of
10 providing services to students. In order to most effectively
11 develop public policy regarding any future funding of the
12 Florida Virtual School, it is imperative that the cost of the
13 program is accurately identified. The identified cost of the
14 program must be based on reliable data.
15 (f) Recommendations regarding an accountability
16 mechanism to assess the effectiveness of the services provided
17 by the Florida Virtual School.
18 (6) The State Board of Education may adopt rules it
19 deems necessary to implement reporting requirements for the
20 Florida Virtual School.
21 Section 103. Section 1002.38, Florida Statutes, is
22 created to read:
23 1002.38 Opportunity Scholarship Program.--
24 (1) FINDINGS AND INTENT.--The purpose of this section
25 is to provide enhanced opportunity for students in this state
26 to gain the knowledge and skills necessary for postsecondary
27 education, a technical education, or the world of work. The
28 Legislature recognizes that the voters of the State of
29 Florida, in the November 1998 general election, amended s. 1,
30 Art. IX of the Florida Constitution so as to make education a
31 paramount duty of the state. The Legislature finds that the
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1 State Constitution requires the state to provide a uniform,
2 safe, secure, efficient, and high-quality system which allows
3 the opportunity to obtain a high-quality education. The
4 Legislature further finds that a student should not be
5 compelled, against the wishes of the student's parent, to
6 remain in a school found by the state to be failing for 2
7 years in a 4-year period. The Legislature shall make available
8 opportunity scholarships in order to give parents the
9 opportunity for their children to attend a public school that
10 is performing satisfactorily or to attend an eligible private
11 school when the parent chooses to apply the equivalent of the
12 public education funds generated by his or her child to the
13 cost of tuition in the eligible private school as provided in
14 paragraph (6)(a). Eligibility of a private school shall
15 include the control and accountability requirements that,
16 coupled with the exercise of parental choice, are reasonably
17 necessary to secure the educational public purpose, as
18 delineated in subsection (4).
19 (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public
20 school student's parent may request and receive from the state
21 an opportunity scholarship for the student to enroll in and
22 attend a private school in accordance with the provisions of
23 this section if:
24 (a)1. By assigned school attendance area or by special
25 assignment, the student has spent the prior school year in
26 attendance at a public school that has been designated
27 pursuant to s. 1008.34 as performance grade category "F,"
28 failing to make adequate progress, and that has had two school
29 years in a 4-year period of such low performance, and the
30 student's attendance occurred during a school year in which
31 such designation was in effect;
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1 2. The student has been in attendance elsewhere in the
2 public school system and has been assigned to such school for
3 the next school year; or
4 3. The student is entering kindergarten or first grade
5 and has been notified that the student has been assigned to
6 such school for the next school year.
7 (b) The parent has obtained acceptance for admission
8 of the student to a private school eligible for the program
9 pursuant to subsection (4), and has notified the Department of
10 Education and the school district of the request for an
11 opportunity scholarship no later than July 1 of the first year
12 in which the student intends to use the scholarship.
13
14 The provisions of this section shall not apply to a student
15 who is enrolled in a school operating for the purpose of
16 providing educational services to youth in Department of
17 Juvenile Justice commitment programs. For purposes of
18 continuity of educational choice, the opportunity scholarship
19 shall remain in force until the student returns to a public
20 school or, if the student chooses to attend a private school
21 the highest grade of which is grade 8, until the student
22 matriculates to high school and the public high school to
23 which the student is assigned is an accredited school with a
24 performance grade category designation of "C" or better.
25 However, at any time upon reasonable notice to the Department
26 of Education and the school district, the student's parent may
27 remove the student from the private school and place the
28 student in a public school, as provided in subparagraph
29 (3)(a)2.
30 (3) SCHOOL DISTRICT OBLIGATIONS.--
31 (a) A school district shall, for each student enrolled
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1 in or assigned to a school that has been designated as
2 performance grade category "F" for 2 school years in a 4-year
3 period:
4 1. Timely notify the parent of the student as soon as
5 such designation is made of all options available pursuant to
6 this section.
7 2. Offer that student's parent an opportunity to
8 enroll the student in the public school within the district
9 that has been designated by the state pursuant to s. 1008.34
10 as a school performing higher than that in which the student
11 is currently enrolled or to which the student has been
12 assigned, but not less than performance grade category "C."
13 The parent is not required to accept this offer in lieu of
14 requesting a state opportunity scholarship to a private
15 school. The opportunity to continue attending the higher
16 performing public school shall remain in force until the
17 student graduates from high school.
18 (b) The parent of a student enrolled in or assigned to
19 a school that has been designated performance grade category
20 "F" for 2 school years in a 4-year period may choose as an
21 alternative to enroll the student in and transport the student
22 to a higher-performing public school that has available space
23 in an adjacent school district, and that school district shall
24 accept the student and report the student for purposes of the
25 district's funding pursuant to the Florida Education Finance
26 Program.
27 (c) For students in the school district who are
28 participating in the state Opportunity Scholarship Program,
29 the school district shall provide locations and times to take
30 all statewide assessments required pursuant to s. 1008.22.
31 (d) Students with disabilities who are eligible to
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1 receive services from the school district under federal or
2 state law, and who participate in this program, remain
3 eligible to receive services from the school district as
4 provided by federal or state law.
5 (e) If for any reason a qualified private school is
6 not available for the student or if the parent chooses to
7 request that the student be enrolled in the higher performing
8 public school, rather than choosing to request the state
9 opportunity scholarship, transportation costs to the higher
10 performing public school shall be the responsibility of the
11 school district. The district may utilize state categorical
12 transportation funds or state-appropriated public school
13 choice incentive funds for this purpose.
14 (4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
15 participate in the Opportunity Scholarship Program, a private
16 school must be a Florida private school, may be sectarian or
17 nonsectarian, and must:
18 (a) Demonstrate fiscal soundness by being in operation
19 for 1 school year or provide the Department of Education with
20 a statement by a certified public accountant confirming that
21 the private school desiring to participate is insured and the
22 owner or owners have sufficient capital or credit to operate
23 the school for the upcoming year serving the number of
24 students anticipated with expected revenues from tuition and
25 other sources that may be reasonably expected. In lieu of such
26 a statement, a surety bond or letter of credit for the amount
27 equal to the opportunity scholarship funds for any quarter may
28 be filed with the department.
29 (b) Notify the Department of Education and the school
30 district in whose service area the school is located of its
31 intent to participate in the program under this section by May
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1 1 of the school year preceding the school year in which it
2 intends to participate. The notice shall specify the grade
3 levels and services that the private school has available for
4 the Opportunity Scholarship Program.
5 (c) Comply with the antidiscrimination provisions of
6 42 U.S.C. s. 2000d.
7 (d) Meet state and local health and safety laws and
8 codes.
9 (e) Accept scholarship students on an entirely random
10 and religious-neutral basis without regard to the student's
11 past academic history; however, the private school may give
12 preference in accepting applications to siblings of students
13 who have already been accepted on a random and
14 religious-neutral basis.
15 (f) Be subject to the instruction, curriculum, and
16 attendance criteria adopted by an appropriate nonpublic school
17 accrediting body and be academically accountable to the parent
18 for meeting the educational needs of the student. The private
19 school must furnish a school profile which includes student
20 performance.
21 (g) Employ or contract with teachers who hold a
22 baccalaureate or higher degree, or have at least 3 years of
23 teaching experience in public or private schools, or have
24 special skills, knowledge, or expertise that qualifies them to
25 provide instruction in subjects taught.
26 (h) Comply with all state statutes relating to private
27 schools.
28 (i) Accept as full tuition and fees the amount
29 provided by the state for each student.
30 (j) Agree not to compel any student attending the
31 private school on an opportunity scholarship to profess a
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1 specific ideological belief, to pray, or to worship.
2 (k) Adhere to the tenets of its published disciplinary
3 procedures prior to the expulsion of any opportunity
4 scholarship student.
5 (5) OBLIGATION OF PROGRAM PARTICIPATION.--
6 (a) Any student participating in the Opportunity
7 Scholarship Program must remain in attendance throughout the
8 school year, unless excused by the school for illness or other
9 good cause, and must comply fully with the school's code of
10 conduct.
11 (b) The parent of each student participating in the
12 Opportunity Scholarship Program must comply fully with the
13 private school's parental involvement requirements, unless
14 excused by the school for illness or other good cause.
15 (c) The parent shall ensure that the student
16 participating in the Opportunity Scholarship Program takes all
17 statewide assessments required pursuant to s. 1008.22.
18 (d) A participant who fails to comply with this
19 subsection shall forfeit the opportunity scholarship.
20 (6) OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--
21 (a) The maximum opportunity scholarship granted for an
22 eligible student shall be a calculated amount equivalent to
23 the base student allocation in the Florida Education Finance
24 Program multiplied by the appropriate cost factor for the
25 educational program that would have been provided for the
26 student in the district school to which he or she was
27 assigned, multiplied by the district cost differential. In
28 addition, the calculated amount shall include the per-student
29 share of instructional materials funds, technology funds, and
30 other categorical funds as provided for this purpose in the
31 General Appropriations Act.
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1 (b) The amount of the opportunity scholarship shall be
2 the calculated amount or the amount of the private school's
3 tuition and fees, whichever is less. Fees eligible shall
4 include textbook fees, lab fees, and other fees related to
5 instruction, including transportation.
6 (c) The school district shall report all students who
7 are attending a private school under this program. The
8 students attending private schools on opportunity scholarships
9 shall be reported separately from those students reported for
10 purposes of the Florida Education Finance Program.
11 (d) The public or private school that provides
12 services to students with disabilities shall receive the
13 weighted funding for such services at the appropriate funding
14 level consistent with the provisions of s. 1011.62(1)(e).
15 (e) For purposes of calculating the opportunity
16 scholarship, a student will be eligible for the amount of the
17 appropriate basic cost factor if:
18 1. The student currently participates in a Group I
19 program funded at the basic cost factor and is not
20 subsequently identified as having a disability; or
21 2. The student currently participates in a Group II
22 program and the parent has chosen a private school that does
23 not provide the additional services funded by the Group II
24 program.
25 (f) Following annual notification on July 1 of the
26 number of participants, the Department of Education shall
27 transfer from each school district's appropriated funds the
28 calculated amount from the Florida Education Finance Program
29 and authorized categorical accounts to a separate account for
30 the Opportunity Scholarship Program for quarterly disbursement
31 to the parents of participating students.
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1 (g) Upon proper documentation reviewed and approved by
2 the Department of Education, the Comptroller shall make
3 opportunity scholarship payments in four equal amounts no
4 later than September 1, November 1, February 1, and April 1 of
5 each academic year in which the opportunity scholarship is in
6 force. The initial payment shall be made after Department of
7 Education verification of admission acceptance, and subsequent
8 payments shall be made upon verification of continued
9 enrollment and attendance at the private school. Payment must
10 be by individual warrant made payable to the student's parent
11 and mailed by the Department of Education to the private
12 school of the parent's choice, and the parent shall
13 restrictively endorse the warrant to the private school.
14 (7) LIABILITY.--No liability shall arise on the part
15 of the state based on any grant or use of an opportunity
16 scholarship.
17 (8) RULES.--The State Board of Education may adopt
18 rules pursuant to ss. 120.536(1) and 120.54 to implement the
19 provisions of this section. Rules shall include penalties for
20 noncompliance with subsections (3) and (5). However, the
21 inclusion of eligible private schools within options available
22 to Florida public school students does not expand the
23 regulatory authority of the state, its officers, or any school
24 district to impose any additional regulation of private
25 schools beyond those reasonably necessary to enforce
26 requirements expressly set forth in this section.
27 Section 104. Section 1002.39, Florida Statutes, is
28 created to read:
29 1002.39 The John M. McKay Scholarships for Students
30 with Disabilities Program.--There is established a program
31 that is separate and distinct from the Opportunity Scholarship
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1 Program and is named the John M. McKay Scholarships for
2 Students with Disabilities Program, pursuant to this section.
3 (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
4 DISABILITIES PROGRAM.--The John M. McKay Scholarships for
5 Students with Disabilities Program is established to provide
6 the option to attend a public school other than the one to
7 which assigned, or to provide a scholarship to a private
8 school of choice, for students with disabilities for whom an
9 individual education plan has been written in accordance with
10 rules of the State Board of Education. Students with
11 disabilities include K-12 students who are mentally
12 handicapped, speech and language impaired, deaf or hard of
13 hearing, visually impaired, dual sensory impaired, physically
14 impaired, emotionally handicapped, specific learning disabled,
15 hospitalized or homebound, or autistic.
16 (2) SCHOLARSHIP ELIGIBILITY.--The parent of a public
17 school student with a disability who is dissatisfied with the
18 student's progress may request and receive from the state a
19 John M. McKay Scholarship for the child to enroll in and
20 attend a private school in accordance with this section if:
21 (a) By assigned school attendance area or by special
22 assignment, the student has spent the prior school year in
23 attendance at a Florida public school. Prior school year in
24 attendance means that the student was enrolled and reported by
25 a school district for funding during the preceding October and
26 February Florida Education Finance Program surveys in
27 kindergarten through grade 12.
28 (b) The parent has obtained acceptance for admission
29 of the student to a private school that is eligible for the
30 program under subsection (4) and has notified, in writing, the
31 school district of the request for a scholarship at least 60
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1 days prior to the date of the first scholarship payment.
2
3 This section does not apply to a student who is enrolled in a
4 school operating for the purpose of providing educational
5 services to youth in Department of Juvenile Justice commitment
6 programs. For purposes of continuity of educational choice,
7 the scholarship shall remain in force until the student
8 returns to a public school or graduates from high school.
9 However, at any time, the student's parent may remove the
10 student from the private school and place the student in
11 another private school that is eligible for the program under
12 subsection (4) or in a public school as provided in subsection
13 (3).
14 (3) SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
15 OBLIGATIONS.--
16 (a) A school district shall timely notify the parent
17 of the student of all options available pursuant to this
18 section and offer that student's parent an opportunity to
19 enroll the student in another public school within the
20 district. The parent is not required to accept this offer in
21 lieu of requesting a John M. McKay Scholarship to a private
22 school. However, if the parent chooses the public school
23 option, the student may continue attending a public school
24 chosen by the parent until the student graduates from high
25 school. If the parent chooses a public school consistent with
26 the district school board's choice plan under s. 1002.31, the
27 school district shall provide transportation to the public
28 school selected by the parent. The parent is responsible to
29 provide transportation to a public school chosen that is not
30 consistent with the district school board's choice plan under
31 s. 1002.31.
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1 (b) For a student with disabilities who does not have
2 a matrix of services under s. 1011.62(1)(e), the school
3 district must complete a matrix that assigns the student to
4 one of the levels of service as they existed prior to the
5 2000-2001 school year. The school district must complete the
6 matrix of services for any student who is participating in the
7 John M. McKay Scholarships for Students with Disabilities
8 Program and must notify the Department of Education of the
9 student's matrix level within 30 days after receiving
10 notification by the student's parent of intent to participate
11 in the scholarship program. The Department of Education shall
12 notify the private school of the amount of the scholarship
13 within 10 days after receiving the school district's
14 notification of the student's matrix level. Within 10 school
15 days after it receives notification of a parent's intent to
16 apply for a McKay Scholarship, a district school board must
17 notify the student's parent if the matrix has not been
18 completed and provide the parent with the date for completion
19 of the matrix required in this paragraph.
20 (c) If the parent chooses the private school option
21 and the student is accepted by the private school pending the
22 availability of a space for the student, the parent of the
23 student must notify the school district 60 days prior to the
24 first scholarship payment and before entering the private
25 school in order to be eligible for the scholarship when a
26 space becomes available for the student in the private school.
27 (d) The parent of a student may choose, as an
28 alternative, to enroll the student in and transport the
29 student to a public school in an adjacent school district
30 which has available space and has a program with the services
31 agreed to in the student's individual education plan already
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1 in place, and that school district shall accept the student
2 and report the student for purposes of the district's funding
3 pursuant to the Florida Education Finance Program.
4 (e) For a student in the district who participates in
5 the John M. McKay Scholarships for Students with Disabilities
6 Program whose parent requests that the student take the
7 statewide assessments under s. 1008.22, the district shall
8 provide locations and times to take all statewide assessments.
9 (f) A school district must notify the Department of
10 Education within 10 days after it receives notification of a
11 parent's intent to apply for a scholarship for a student with
12 a disability. A school district must provide the student's
13 parent with the student's matrix level within 10 school days
14 after its completion.
15 (4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
16 participate in the John M. McKay Scholarships for Students
17 with Disabilities Program, a private school must be a Florida
18 private school, may be sectarian or nonsectarian, and must:
19 (a) Demonstrate fiscal soundness by being in operation
20 for 1 school year or provide the Department of Education with
21 a statement by a certified public accountant confirming that
22 the private school desiring to participate is insured and the
23 owner or owners have sufficient capital or credit to operate
24 the school for the upcoming year serving the number of
25 students anticipated with expected revenues from tuition and
26 other sources that may be reasonably expected. In lieu of such
27 a statement, a surety bond or letter of credit for the amount
28 equal to the scholarship funds for any quarter may be filed
29 with the department.
30 (b) Notify the Department of Education of its intent
31 to participate in the program under this section by May 1 of
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1 the school year preceding the school year in which it intends
2 to participate. The notice must specify the grade levels and
3 services that the private school has available for students
4 with disabilities who are participating in the scholarship
5 program.
6 (c) Comply with the antidiscrimination provisions of
7 42 U.S.C. s. 2000d.
8 (d) Meet state and local health and safety laws and
9 codes.
10 (e) Be academically accountable to the parent for
11 meeting the educational needs of the student.
12 (f) Employ or contract with teachers who hold
13 baccalaureate or higher degrees, or have at least 3 years of
14 teaching experience in public or private schools, or have
15 special skills, knowledge, or expertise that qualifies them to
16 provide instruction in subjects taught.
17 (g) Comply with all state laws relating to general
18 regulation of private schools.
19 (h) Adhere to the tenets of its published disciplinary
20 procedures prior to the expulsion of a scholarship student.
21 (5) OBLIGATION OF PROGRAM PARTICIPANTS.--
22 (a) A parent who applies for a John M. McKay
23 Scholarship is exercising his or her parental option to place
24 his or her child in a private school. The parent must select
25 the private school and apply for the admission of his or her
26 child.
27 (b) The parent must have requested the scholarship at
28 least 60 days prior to the date of the first scholarship
29 payment.
30 (c) Any student participating in the scholarship
31 program must remain in attendance throughout the school year,
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1 unless excused by the school for illness or other good cause,
2 and must comply fully with the school's code of conduct.
3 (d) The parent of each student participating in the
4 scholarship program must comply fully with the private
5 school's parental involvement requirements, unless excused by
6 the school for illness or other good cause.
7 (e) If the parent requests that the student
8 participating in the scholarship program take all statewide
9 assessments required pursuant to s. 1008.22, the parent is
10 responsible for transporting the student to the assessment
11 site designated by the school district.
12 (f) Upon receipt of a scholarship warrant, the parent
13 to whom the warrant is made must restrictively endorse the
14 warrant to the private school for deposit into the account of
15 the private school.
16 (g) A participant who fails to comply with this
17 subsection forfeits the scholarship.
18 (6) SCHOLARSHIP FUNDING AND PAYMENT.--
19 (a)1. The maximum scholarship granted for an eligible
20 student with disabilities shall be a calculated amount
21 equivalent to the base student allocation in the Florida
22 Education Finance Program multiplied by the appropriate cost
23 factor for the educational program that would have been
24 provided for the student in the district school to which he or
25 she was assigned, multiplied by the district cost
26 differential.
27 2. In addition, a share of the guaranteed allocation
28 for exceptional students shall be determined and added to the
29 calculated amount. The calculation shall be based on the
30 methodology and the data used to calculate the guaranteed
31 allocation for exceptional students for each district in
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1 chapter 2000-166, Laws of Florida. Except as provided in
2 subparagraph 3., the calculation shall be based on the
3 student's grade, matrix level of services, and the difference
4 between the 2000-2001 basic program and the appropriate level
5 of services cost factor, multiplied by the 2000-2001 base
6 student allocation and the 2000-2001 district cost
7 differential for the sending district. Also, the calculated
8 amount shall include the per-student share of supplemental
9 academic instruction funds, instructional materials funds,
10 technology funds, and other categorical funds as provided for
11 such purposes in the General Appropriations Act.
12 3. Until the school district completes the matrix
13 required by paragraph (3)(b), the calculation shall be based
14 on the matrix that assigns the student to support level I of
15 service as it existed prior to the 2000-2001 school year.
16 When the school district completes the matrix, the amount of
17 the payment shall be adjusted as needed.
18 (b) The amount of the John M. McKay Scholarship shall
19 be the calculated amount or the amount of the private school's
20 tuition and fees, whichever is less. The amount of any
21 assessment fee required by the participating private school
22 may be paid from the total amount of the scholarship.
23 (c) If the participating private school requires
24 partial payment of tuition prior to the start of the academic
25 year to reserve space for students admitted to the school,
26 that partial payment may be paid by the Department of
27 Education prior to the first quarterly payment of the year in
28 which the John M. McKay Scholarship is awarded, up to a
29 maximum of $1,000, and deducted from subsequent scholarship
30 payments. If a student decides not to attend the participating
31 private school, the partial reservation payment must be
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1 returned to the Department of Education by the participating
2 private school. There is a limit of one reservation payment
3 per student per year.
4 (d) The school district shall report all students who
5 are attending a private school under this program. The
6 students with disabilities attending private schools on John
7 M. McKay Scholarships shall be reported separately from other
8 students reported for purposes of the Florida Education
9 Finance Program.
10 (e) Following notification on July 1, September 1,
11 December 1, or February 1 of the number of program
12 participants, the Department of Education shall transfer, from
13 General Revenue funds only, the amount calculated under
14 paragraph (b) from the school district's total funding
15 entitlement under the Florida Education Finance Program and
16 from authorized categorical accounts to a separate account for
17 the scholarship program for quarterly disbursement to the
18 parents of participating students. When a student enters the
19 scholarship program, the Department of Education must receive
20 all documentation required for the student's participation,
21 including the private school's and student's fee schedules, at
22 least 30 days before the first quarterly scholarship payment
23 is made for the student. The Department of Education may not
24 make any retroactive payments.
25 (f) Upon proper documentation reviewed and approved by
26 the Department of Education, the Comptroller shall make
27 scholarship payments in four equal amounts no later than
28 September 1, November 1, February 1, and April 15 of each
29 academic year in which the scholarship is in force. The
30 initial payment shall be made after Department of Education
31 verification of admission acceptance, and subsequent payments
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1 shall be made upon verification of continued enrollment and
2 attendance at the private school. Payment must be by
3 individual warrant made payable to the student's parent and
4 mailed by the Department of Education to the private school of
5 the parent's choice, and the parent shall restrictively
6 endorse the warrant to the private school for deposit into the
7 account of the private school.
8 (7) LIABILITY.--No liability shall arise on the part
9 of the state based on the award or use of a John M. McKay
10 Scholarship.
11 (8) RULES.--The State Board of Education may adopt
12 rules pursuant to ss. 120.536(1) and 120.54 to administer this
13 section. However, the inclusion of eligible private schools
14 within options available to Florida public school students
15 does not expand the regulatory authority of the state, its
16 officers, or any school district to impose any additional
17 regulation of private schools beyond those reasonably
18 necessary to enforce requirements expressly set forth in this
19 section.
20 Section 105. Part IV of chapter 1002, Florida
21 Statutes, shall be entitled "Home Education, Private Schools,
22 Other Education Options" and shall consist of ss.
23 1002.41-1002.43.
24 Section 106. Section 1002.41, Florida Statutes, is
25 created to read:
26 1002.41 Home education programs.--
27 (1) A "home education program" is defined in s.
28 1002.01. The parent is not required to hold a valid regular
29 Florida teaching certificate.
30 (a) The parent shall notify the district school
31 superintendent of the county in which the parent resides of
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1 her or his intent to establish and maintain a home education
2 program. The notice shall be in writing, signed by the parent,
3 and shall include the names, addresses, and birthdates of all
4 children who shall be enrolled as students in the home
5 education program. The notice shall be filed in the district
6 school superintendent's office within 30 days of the
7 establishment of the home education program. A written notice
8 of termination of the home education program shall be filed in
9 the district school superintendent's office within 30 days
10 after said termination.
11 (b) The parent shall maintain a portfolio of records
12 and materials. The portfolio shall consist of the following:
13 1. A log of educational activities that is made
14 contemporaneously with the instruction and that designates by
15 title any reading materials used.
16 2. Samples of any writings, worksheets, workbooks, or
17 creative materials used or developed by the student.
18
19 The portfolio shall be preserved by the parent for 2 years and
20 shall be made available for inspection by the district school
21 superintendent, or the district school superintendent's agent,
22 upon 15 days' written notice. Nothing in this section shall
23 require the district school superintendent to inspect the
24 portfolio.
25 (c) The parent shall provide for an annual educational
26 evaluation in which is documented the student's demonstration
27 of educational progress at a level commensurate with her or
28 his ability. The parent shall select the method of evaluation
29 and shall file a copy of the evaluation annually with the
30 district school superintendent's office in the county in which
31 the student resides. The annual educational evaluation shall
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1 consist of one of the following:
2 1. A teacher selected by the parent shall evaluate the
3 student's educational progress upon review of the portfolio
4 and discussion with the student. Such teacher shall hold a
5 valid regular Florida certificate to teach academic subjects
6 at the elementary or secondary level;
7 2. The student shall take any nationally normed
8 student achievement test administered by a certified teacher;
9 3. The student shall take a state student assessment
10 test used by the school district and administered by a
11 certified teacher, at a location and under testing conditions
12 approved by the school district;
13 4. The student shall be evaluated by an individual
14 holding a valid, active license pursuant to the provisions of
15 s. 490.003(7) or (8); or
16 5. The student shall be evaluated with any other valid
17 measurement tool as mutually agreed upon by the district
18 school superintendent of the district in which the student
19 resides and the student's parent.
20 (2) The district school superintendent shall review
21 and accept the results of the annual educational evaluation of
22 the student in a home education program. If the student does
23 not demonstrate educational progress at a level commensurate
24 with her or his ability, the district school superintendent
25 shall notify the parent, in writing, that such progress has
26 not been achieved. The parent shall have 1 year from the date
27 of receipt of the written notification to provide remedial
28 instruction to the student. At the end of the 1-year
29 probationary period, the student shall be reevaluated as
30 specified in paragraph (1)(c). Continuation in a home
31 education program shall be contingent upon the student
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1 demonstrating educational progress commensurate with her or
2 his ability at the end of the probationary period.
3 (3) A home education program shall be excluded from
4 meeting the requirements of a school day.
5 (4) Home education students may participate in
6 interscholastic extracurricular student activities in
7 accordance with the provisions of s. 1006.15.
8 (5) Home education students may participate in the
9 Bright Futures Scholarship Program in accordance with the
10 provisions of ss. 1009.53-1009.539.
11 (6) Home education students may participate in dual
12 enrollment programs in accordance with the provisions of s.
13 1007.27(4) and 1007.271(10).
14 (7) Home education students are eligible for admission
15 to community colleges in accordance with the provisions of s.
16 1007.263.
17 (8) Home education students are eligible for admission
18 to state universities in accordance with the provisions of s.
19 1007.261.
20 (9) Home education program students may receive
21 testing and evaluation services at diagnostic and resource
22 centers, in accordance with the provisions of s. 1006.03.
23 Section 107. Section 1002.42, Florida Statutes, is
24 created to read:
25 1002.42 Private schools.--
26 (1) DEFINITION.--A "private school" is defined in s.
27 1002.01.
28 (2) ANNUAL PRIVATE SCHOOL SURVEY.--
29 (a) The Department of Education shall organize,
30 maintain, and annually update a database of educational
31 institutions within the state coming within the provisions of
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1 this section. There shall be included in the database of each
2 institution the name, address, and telephone number of the
3 institution; the type of institution; the names of
4 administrative officers; the enrollment by grade or special
5 group (e.g., career and technical education and exceptional
6 child education); the number of graduates; the number of
7 instructional and administrative personnel; the number of days
8 the school is in session; and such data as may be needed to
9 meet the provisions of this section and s. 1003.23(2).
10 (b) For the purpose of organizing, maintaining, and
11 updating this database, each private school shall annually
12 execute and file a database survey form on a date designated
13 by the Department of Education which shall include a notarized
14 statement ascertaining that the owner of the private school
15 has complied with the provisions of paragraph (c). For the
16 purpose of this section, "owner" means any individual who is
17 the chief administrative officer of a private school.
18 (c)1. Notwithstanding the provisions of paragraph (h),
19 each person who is an owner or who establishes, purchases, or
20 otherwise becomes an owner of a private school shall, within 5
21 days of assuming ownership of a school, file with the
22 Department of Law Enforcement a complete set of fingerprints
23 for state processing and checking for criminal background. The
24 fingerprints shall be taken by an authorized law enforcement
25 officer or an employee of the school who is trained to take
26 fingerprints. The costs of fingerprinting, criminal records
27 checking, and processing shall be borne by the applicant or
28 private school. The result of the criminal records checking
29 by the Department of Law Enforcement shall be forwarded to the
30 owner of the private school and shall be made available for
31 public inspection in the private school office as soon as it
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1 is received.
2 2. It shall be unlawful for a person who has been
3 convicted of a crime involving moral turpitude to own or
4 operate a private school.
5 3. An owner of a private school may require school
6 employees to file a complete set of fingerprints with the
7 Department of Law Enforcement for processing and criminal
8 records checking. Findings from such processing and checking
9 shall be reported to the owner for use in employment
10 decisions.
11 4. Owners or employees of private schools who have
12 been fingerprinted pursuant to this paragraph, s. 1012.32, or
13 s. 402.3055 shall not be required to be refingerprinted if
14 they have not been unemployed or unassociated with a private
15 school or child care facility for more than 90 days.
16 5. Persons holding a valid Florida teaching
17 certificate who have been fingerprinted pursuant to s. 1012.35
18 shall not be required to comply with the provisions of this
19 paragraph.
20 (d) The data inquiries to be included and answered in
21 the survey required in paragraph (b) shall be limited to
22 matters set forth in paragraph (a). The department shall
23 furnish annually to each school sufficient copies of this
24 form.
25 (e) To ensure completeness and accuracy of the
26 database, each existing private educational institution
27 falling within the provisions of this section shall notify the
28 Department of Education of any change in the name of the
29 institution, the address, or the chief administrative officer.
30 Each new institution shall notify the department of its
31 establishment.
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1 (f) Annually, the department shall make accessible to
2 the public data on private education in this state. Such data
3 shall include that collected pursuant to paragraph (a) and
4 from other sources.
5 (g) The failure of any institution to submit the
6 annual database survey form and notarized statement of
7 compliance with the provisions of paragraph (c), as required
8 by this section, shall be judged a misdemeanor and, upon
9 conviction, proper authorities of such institution shall be
10 subject to a fine not exceeding $500. Submission of data for
11 a nonexistent school or an institution providing no
12 instruction or training, the purpose of which is to defraud
13 the public, is unlawful and the person or persons responsible
14 commit a misdemeanor of the second degree, punishable as
15 provided in s. 775.082 or s. 775.083. Persons found to be in
16 violation of subparagraph (c)2. commit a misdemeanor of the
17 first degree, punishable as provided in s. 775.082 or s.
18 775.083.
19 (h) It is the intent of the Legislature not to
20 regulate, control, approve, or accredit private educational
21 institutions, but to create a database where current
22 information may be obtained relative to the educational
23 institutions in this state coming within the provisions of
24 this section as a service to the public, to governmental
25 agencies, and to other interested parties. It is not the
26 intent of the Legislature to regulate, control, or monitor,
27 expressly or implicitly, churches, their ministries, or
28 religious instruction, freedoms, or rites. It is the intent
29 of the Legislature that the annual submission of the database
30 survey by a school shall not be used by that school to imply
31 approval or accreditation by the Department of Education.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) RETENTION OF RECORDS.--
2 (a) As used in this subsection:
3 1. "Defunct private school" means any private school
4 that has terminated the operation of an education or training
5 program, or that has no students in attendance, or that has
6 dissolved as a business entity.
7 2. "Student records" means those records, files,
8 documents, and other materials that contain information
9 directly related to students that are maintained by a private
10 school or by a person acting for such institution and that are
11 accessible to other professional personnel to facilitate the
12 instruction, guidance, and educational progress of students.
13 Information contained in student records shall be classified
14 as follows:
15 a. Permanent information, which includes verified
16 information of clear educational importance, containing the
17 following: student's full name and any known changes thereto
18 due to marriage or adoption; authenticated birthdate, place of
19 birth, race, and sex; last known address of student; names of
20 student's parents; name and location of last school attended;
21 number of days present and absent; date enrolled; date
22 withdrawn; courses taken and record of achievement; and date
23 of graduation or program achievement.
24 b. Temporary information, which includes verified
25 information subject to change, containing, but not limited to,
26 the following: health information, standardized test scores,
27 honors and activities, personal attributes, work experience,
28 teacher and counselor comments, and special reports.
29 (b) All private schools that become defunct shall
30 transfer all permanent information contained in student
31 records to the district school superintendent of the public
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school district in which the private school was located; or,
2 if the private school is a member of a private school system
3 or association, such school may transfer such records to the
4 principal office of such system or association, which shall
5 constitute full compliance with this subsection. In the event
6 that such private school system or association becomes
7 defunct, it shall transfer all the permanent information
8 contained in its files to the district school superintendent
9 of the public school district in which the private school was
10 located.
11 (c) All private schools that become defunct shall
12 notify the Department of Education Office of Private Schools
13 and Home Education Programs of the date of transfer of student
14 records, the location of storage, the custodian of such
15 records, and the number of records to be stored. The
16 department shall act as a clearinghouse and maintain a
17 registry of such transfers of student records.
18 (d) It is not the intent of the Legislature to limit
19 or restrict the use or possession of any student records while
20 a school is operational, but to facilitate access to academic
21 records by former students seeking to continue their education
22 or training after a private school has become defunct.
23 (4) ATTENDANCE RECORDS AND REPORTS.--All officials,
24 teachers, and other employees in parochial, religious,
25 denominational, and private schools shall keep and prepare
26 records in accordance with the provisions of s. 1003.23(2).
27 (5) SCHOOL-ENTRY HEALTH EXAMINATIONS.--The governing
28 authority of each private school shall require students to
29 present a certification of a school-entry health examination
30 in accordance with the provisions of s. 1003.22(1) and (2).
31 (6) IMMUNIZATIONS.--The governing authority of each
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 private school shall require students to present a
2 certification of immunization in accordance with the
3 provisions of s. 1003.22(3)-(11).
4 (7) ATTENDANCE REQUIREMENTS.--Attendance of a student
5 at a private, parochial, religious, or denominational school
6 satisfies the attendance requirements of ss. 1003.01(14) and
7 1003.21(1).
8 (8) ATHLETIC COMPETITION.--A private school may
9 participate in athletic competition with a public high school
10 in accordance with the provisions of s. 1006.20(1).
11 (9) RECEIPT OF EDUCATIONAL MATERIALS.--The Department
12 of Education may disseminate educational materials and sell
13 copies for educational use to private schools pursuant to s.
14 1006.39.
15 (10) INSTRUCTIONAL MATERIALS.--District school boards
16 may dispose of instructional materials when they become
17 unserviceable or surplus or are no longer on state contract by
18 giving them to a private school in accordance with the
19 provisions of s. 1006.41.
20 (11) DIAGNOSTIC AND RESOURCE CENTERS.--Diagnostic and
21 resource centers may provide testing and evaluation services
22 to private school students in accordance with the provisions
23 of s. 1006.03(3).
24 (12) EXCEPTIONAL EDUCATION SERVICES.--District school
25 boards may provide instruction for an appropriate program of
26 special instruction, facilities, and services for exceptional
27 students through contractual arrangements with approved
28 private schools in accordance with the provisions of s.
29 1003.57.
30 (13) PROFESSIONAL DEVELOPMENT SYSTEM.--An organization
31 of private schools that has no fewer than 10 member schools in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 this state may develop a professional development system to be
2 filed with the Department of Education in accordance with the
3 provisions of s. 1012.98(7).
4 (14) BUS DRIVER TRAINING.--Private school bus drivers
5 may participate in a district school board's bus driver
6 training program, if the district school board makes the
7 program available pursuant to s. 1006.26.
8 (15) POOL PURCHASE OF SCHOOL BUSES.--
9 (a) Florida private schools that demonstrate a
10 racially nondiscriminatory student admission policy may
11 purchase school buses from the state pool purchase program as
12 authorized in s. 1006.27(1), if the private school meets the
13 following conditions:
14 1. Students in one or more grades, kindergarten
15 through grade 12, are provided an education program by the
16 school and the school has submitted the information required
17 pursuant to this section and the most recent school survey
18 required in subsection (2).
19 2. All conditions of the contracts for purchasing
20 school buses between the Department of Education and the
21 companies involved, including bus specifications, ordering
22 deadlines, delivery period and procedures, and payment
23 requirements, shall be met.
24 3. Purchase orders shall be made out to the
25 appropriate company or companies involved and shall be
26 accompanied by a certified check in the amount of 25 percent
27 of the total cost of the bus or buses as a good faith deposit
28 that the bus or buses will be purchased.
29 4. The remainder of the total cost shall be paid upon
30 delivery of the bus or buses to the representative of the
31 private school receiving the bus or buses, or shall be paid
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 when the company informs the purchaser that the buses are
2 ready for delivery if the purchaser has specified that buses
3 are to be picked up at the company's location. If the chassis
4 and the body are purchased from different companies, the
5 remainder of the chassis' total cost shall be payable upon
6 delivery of the chassis to the body manufacturer.
7 5. If the private school does not meet the obligation
8 stated in subparagraph 4. within 30 calendar days after notice
9 that the bus is ready for delivery or that the chassis has
10 been delivered to the body manufacturer, the selling company
11 may retain 15 percent of the amount being held by the company
12 as a good faith deposit, and all obligations to the private
13 school may be canceled. When the 15 percent is retained, the
14 company shall return 10 percent of the good faith deposit to
15 the nonpublic school within 15 days of cancellation of the
16 companies' objection.
17 (b) Any bus purchased under this section may not be
18 sold, if still titled as a motor vehicle, within 5 calendar
19 years of the date of the initial Florida title being issued,
20 unless the following conditions are met:
21 1. The bus or buses may be sold only to a Florida
22 public school district or Florida private school. Any such
23 sale during the first 5 years shall be documented to the
24 Department of Education within 15 days after the sale.
25 2. The bus or buses shall be advertised by the private
26 school in one major newspaper located in each of the five
27 regions of the state for 3 consecutive days and a copy of the
28 advertisement and the name of each newspaper shall be sent to
29 the Department of Education before the first day of
30 advertising the bus or buses for sale.
31 3. The bus may not be sold at a profit. The bus shall
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be depreciated at a rate of 10 percent per calendar year, with
2 the first year starting on the date of issue of the initial
3 title in this state.
4 4. Notwithstanding any other provisions of law and
5 rule regarding purchase of used school buses, the bus may be
6 sold to a public school district if the conditions of
7 subparagraph 3. are met.
8 5. Any public school district or private school
9 purchasing a bus under the conditions of this subsection must
10 accept the obligations of this subsection, and such shall be
11 entered in the sales contract.
12 (c) Any private school, including the owner or
13 corporation purchasing a bus or buses under the conditions of
14 this section, that does not comply with all the conditions of
15 this section shall not be eligible for future purchases of a
16 school bus under this section.
17 (d) Any private school interested in purchasing a bus
18 under this section shall notify, in writing, the Department of
19 Education. The Department of Education shall send the school
20 the appropriate forms, instructions, and price quotations.
21 (e) Notwithstanding any other provisions of this
22 section, no school bus manufacturer, distributor, or dealer
23 shall be required to violate any dealer contract or franchise
24 agreement entered into before the effective date of this
25 section regarding the sale of its buses.
26 (f) The State Board of Education may adopt rules
27 pursuant to ss. 120.536 and 120.54 necessary to implement this
28 section, maintain the integrity of the school bus pool
29 purchase program, and ensure the best and lowest price for
30 purchasing school buses by the public school districts.
31 Section 108. Section 1002.43, Florida Statutes, is
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 created to read:
2 1002.43 Private tutoring programs.--
3 (1) Regular attendance as defined in s. 1003.01(14)
4 may be achieved by attendance in a private tutoring program if
5 the person tutoring the student meets the following
6 requirements:
7 (a) Holds a valid Florida certificate to teach the
8 subjects or grades in which instruction is given.
9 (b) Keeps all records and makes all reports required
10 by the state and district school board and makes regular
11 reports on the attendance of students in accordance with the
12 provisions of s. 1003.23(2).
13 (c) Requires students to be in actual attendance for
14 the minimum length of time prescribed by s. 1011.60(2).
15 (2) Private tutors shall keep and prepare records in
16 accordance with the provisions of s. 1003.23(2).
17 Section 109. Chapter 1003, Florida Statutes, shall be
18 entitled "Public K-12 Education" and shall consist of ss.
19 1003.01-1003.63.
20 Section 110. Part I of chapter 1003, Florida Statutes,
21 shall be entitled "General Provisions" and shall consist of
22 ss. 1003.01-1003.04.
23 Section 111. Section 1003.01, Florida Statutes, is
24 created to read:
25 1003.01 Definitions.--As used in this chapter, the
26 term:
27 (1) "District school board" means the members who are
28 elected by the voters of a school district created and
29 existing pursuant to s. 4, Art. IX of the State Constitution
30 to operate and control public K-12 education within the school
31 district.
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HOUSE AMENDMENT
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1 (2) "School" means an organization of students for
2 instructional purposes on an elementary, middle or junior high
3 school, secondary or high school, or other public school level
4 authorized under rules of the State Board of Education.
5 (3)(a) "Exceptional student" means any student who has
6 been determined eligible for a special program in accordance
7 with rules of the State Board of Education. The term includes
8 students who are gifted and students with disabilities who are
9 mentally handicapped, speech and language impaired, deaf or
10 hard of hearing, visually impaired, dual sensory impaired,
11 physically impaired, emotionally handicapped, specific
12 learning disabled, hospital and homebound, autistic,
13 developmentally delayed children, ages birth through 5 years,
14 or children, ages birth through 2 years, with established
15 conditions that are identified in State Board of Education
16 rules pursuant to s. 1003.21(1)(e).
17 (b) "Special education services" means specially
18 designed instruction and such related services as are
19 necessary for an exceptional student to benefit from
20 education. Such services may include: transportation;
21 diagnostic and evaluation services; social services; physical
22 and occupational therapy; job placement; orientation and
23 mobility training; braillists, typists, and readers for the
24 blind; interpreters and auditory amplification; rehabilitation
25 counseling; transition services; mental health services;
26 guidance and career counseling; specified materials, assistive
27 technology devices, and other specialized equipment; and other
28 such services as approved by rules of the state board.
29 (4) "Career and technical education" means education
30 that provides instruction for the following purposes:
31 (a) At the elementary, middle, and secondary school
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 levels, exploratory courses designed to give students initial
2 exposure to a broad range of occupations to assist them in
3 preparing their academic and occupational plans, and practical
4 arts courses that provide generic skills that may apply to
5 many occupations but are not designed to prepare students for
6 entry into a specific occupation. Career and technical
7 education provided before high school completion must be
8 designed to enhance both occupational and academic skills
9 through integration with academic instruction.
10 (b) At the secondary school level, job-preparatory
11 instruction in the competencies that prepare students for
12 effective entry into an occupation, including diversified
13 cooperative education, work experience, and job-entry programs
14 that coordinate directed study and on-the-job training.
15 (c) At the postsecondary education level, courses of
16 study that provide competencies needed for entry into specific
17 occupations or for advancement within an occupation.
18 (5)(a) "Suspension," also referred to as out-of-school
19 suspension, means the temporary removal of a student from all
20 classes of instruction on public school grounds and all other
21 school-sponsored activities, except as authorized by the
22 principal or the principal's designee, for a period not to
23 exceed 10 school days and remanding of the student to the
24 custody of the student's parent with specific homework
25 assignments for the student to complete.
26 (b) "In-school suspension" means the temporary removal
27 of a student from the student's regular school program and
28 placement in an alternative program, such as that provided in
29 s. 1003.53, under the supervision of district school board
30 personnel, for a period not to exceed 10 school days.
31 (6) "Expulsion" means the removal of the right and
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 obligation of a student to attend a public school under
2 conditions set by the district school board, and for a period
3 of time not to exceed the remainder of the term or school year
4 and 1 additional year of attendance. Expulsions may be imposed
5 with or without continuing educational services and shall be
6 reported accordingly.
7 (7) "Corporal punishment" means the moderate use of
8 physical force or physical contact by a teacher or principal
9 as may be necessary to maintain discipline or to enforce
10 school rule. However, the term "corporal punishment" does not
11 include the use of such reasonable force by a teacher or
12 principal as may be necessary for self-protection or to
13 protect other students from disruptive students.
14 (8) "Habitual truant" means a student who has 15
15 unexcused absences within 90 calendar days with or without the
16 knowledge or consent of the student's parent, is subject to
17 compulsory school attendance under s. 1003.21(1) and (2)(a),
18 and is not exempt under s. 1003.21(3) or s. 1003.24, or by
19 meeting the criteria for any other exemption specified by law
20 or rules of the State Board of Education. Such a student must
21 have been the subject of the activities specified in ss.
22 1003.26 and 1003.27(3), without resultant successful
23 remediation of the truancy problem before being dealt with as
24 a child in need of services according to the provisions of
25 chapter 984.
26 (9) "Dropout" means a student who meets any one or
27 more of the following criteria:
28 (a) The student has voluntarily removed himself or
29 herself from the school system before graduation for reasons
30 that include, but are not limited to, marriage, or the student
31 has withdrawn from school because he or she has failed the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 statewide student assessment test and thereby does not receive
2 any of the certificates of completion;
3 (b) The student has not met the relevant attendance
4 requirements of the school district pursuant to State Board of
5 Education rules, or the student was expected to attend a
6 school but did not enter as expected for unknown reasons, or
7 the student's whereabouts are unknown;
8 (c) The student has withdrawn from school, but has not
9 transferred to another public or private school or enrolled in
10 any career and technical, adult, home education, or
11 alternative educational program;
12 (d) The student has withdrawn from school due to
13 hardship, unless such withdrawal has been granted under the
14 provisions of s. 322.091, court action, expulsion, medical
15 reasons, or pregnancy; or
16 (e) The student is not eligible to attend school
17 because of reaching the maximum age for an exceptional student
18 program in accordance with the district's policy.
19
20 The State Board of Education may adopt rules to implement the
21 provisions of this subsection.
22 (10) "Alternative measures for students with special
23 needs" or "special programs" means measures designed to meet
24 the special needs of a student that cannot be met by regular
25 school curricula.
26 (11)(a) "Juvenile justice education programs or
27 schools" means programs or schools operating for the purpose
28 of providing educational services to youth in Department of
29 Juvenile Justice programs, for a school year comprised of 250
30 days of instruction distributed over 12 months. At the request
31 of the provider, a district school board may decrease the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 minimum number of days of instruction by up to 10 days for
2 teacher planning for residential programs and up to 20 days
3 for teacher planning for nonresidential programs, subject to
4 the approval of the Department of Juvenile Justice and the
5 Department of Education.
6 (b) "Juvenile justice provider" means the Department
7 of Juvenile Justice or a private, public, or other
8 governmental organization under contract with the Department
9 of Juvenile Justice that provides treatment, care and custody,
10 or educational programs for youth in juvenile justice
11 intervention, detention, or commitment programs.
12 (12) "Homeless child" means:
13 (a) One who lacks a fixed, regular nighttime
14 residence;
15 (b) One who has a primary nighttime residence that is:
16 1. A supervised publicly or privately operated shelter
17 designed to provide temporary living accommodations, including
18 welfare hotels, congregate shelters, and transitional housing
19 for the mentally ill;
20 2. An institution that provides a temporary residence
21 for individuals intended to be institutionalized; or
22 3. A public or private place not designed for, or
23 ordinarily used as, a regular sleeping accommodation for human
24 beings; or
25 (c) One who temporarily resides with an adult other
26 than his or her parent because the parent is suffering
27 financial hardship.
28
29 A child who is imprisoned, detained, or in the custody of the
30 state pursuant to a state or federal law is not a homeless
31 child.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (13) "Regular school attendance" means the actual
2 attendance of a student during the school day as defined by
3 law and rules of the State Board of Education. Regular
4 attendance within the intent of s. 1003.21 may be achieved by
5 attendance in:
6 (a) A public school supported by public funds;
7 (b) A parochial, religious, or denominational school;
8 (c) A private school supported in whole or in part by
9 tuition charges or by endowments or gifts;
10 (d) A home education program that meets the
11 requirements of chapter 1002; or
12 (e) A private tutoring program that meets the
13 requirements of chapter 1002.
14 Section 112. Section 1003.02, Florida Statutes, is
15 created to read:
16 1003.02 District school board operation and control of
17 public K-12 education within the school district.--As provided
18 in part II of chapter 1001, district school boards are
19 constitutionally and statutorily charged with the operation
20 and control of public K-12 education within their school
21 district. The district school boards must establish, organize,
22 and operate their public K-12 schools and educational
23 programs, employees, and facilities. Their responsibilities
24 include staff development, public K-12 school student
25 education including education for exceptional students and
26 students in juvenile justice programs, special programs, adult
27 education programs, and career and technical education
28 programs. Additionally, district school boards must:
29 (1) Provide for the proper accounting for all students
30 of school age, for the attendance and control of students at
31 school, and for proper attention to health, safety, and other
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 matters relating to the welfare of students in the following
2 fields:
3 (a) Admission, classification, promotion, and
4 graduation of students.--Adopt rules for admitting,
5 classifying, promoting, and graduating students to or from the
6 various schools of the district.
7 (b) Enforcement of attendance laws.--Provide for the
8 enforcement of all laws and rules relating to the attendance
9 of students at school.
10 (c) Control of students.--
11 1. Adopt rules for the control, attendance,
12 discipline, in-school suspension, suspension, and expulsion of
13 students and decide all cases recommended for expulsion.
14 2. Maintain a code of student conduct as provided in
15 chapter 1006.
16 (d) Courses of study and instructional materials.--
17 1. Provide adequate instructional materials for all
18 students as follows and in accordance with the requirements of
19 chapter 1006, in the core courses of mathematics, language
20 arts, social studies, science, reading, and literature, except
21 for instruction for which the school advisory council approves
22 the use of a program that does not include a textbook as a
23 major tool of instruction.
24 2. Adopt courses of study for use in the schools of
25 the district.
26 3. Provide for proper requisitioning, distribution,
27 accounting, storage, care, and use of all instructional
28 materials as may be needed, and ensure that instructional
29 materials used in the district are consistent with the
30 district goals and objectives and the curriculum frameworks
31 approved by the State Board of Education, as well as with the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 state and school district performance standards required by
2 law and state board rule.
3 (e) Transportation.--Make provision for the
4 transportation of students to the public schools or school
5 activities they are required or expected to attend,
6 efficiently and economically, in accordance with the
7 requirements of chapter 1006.
8 (f) Facilities and school plant.--
9 1. Approve and adopt a districtwide school facilities
10 program, in accordance with the requirements of chapter 1013.
11 2. Approve plans for locating, planning, constructing,
12 sanitating, insuring, maintaining, protecting, and condemning
13 school property as prescribed in chapter 1013.
14 3. Approve and adopt a districtwide school building
15 program.
16 4. Select and purchase school sites, playgrounds, and
17 recreational areas located at centers at which schools are to
18 be constructed, of adequate size to meet the needs of
19 projected students to be accommodated.
20 5. Approve the proposed purchase of any site,
21 playground, or recreational area for which school district
22 funds are to be used.
23 6. Expand existing sites.
24 7. Rent buildings when necessary.
25 8. Enter into leases or lease-purchase arrangements,
26 in accordance with the requirements and conditions provided in
27 s. 1013.15(2).
28 9. Provide for the proper supervision of construction.
29 10. Make or contract for additions, alterations, and
30 repairs on buildings and other school properties.
31 11. Ensure that all plans and specifications for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 buildings provide adequately for the safety and well-being of
2 students, as well as for economy of construction.
3 12. Provide adequately for the proper maintenance and
4 upkeep of school plants.
5 13. Carry insurance on every school building in all
6 school plants including contents, boilers, and machinery,
7 except buildings of three classrooms or less which are of
8 frame construction and located in a tenth class public
9 protection zone as defined by the Florida Inspection and
10 Rating Bureau, and on all school buses and other property
11 under the control of the district school board or title to
12 which is vested in the district school board, except as
13 exceptions may be authorized under rules of the State Board of
14 Education.
15 14. Condemn and prohibit the use for public school
16 purposes of any building under the control of the district
17 school board.
18 (g) School operation.--
19 1. Provide for the operation of all public schools as
20 free schools for a term of at least 180 days or the equivalent
21 on an hourly basis as specified by rules of the State Board of
22 Education; determine district school funds necessary in
23 addition to state funds to operate all schools for the minimum
24 term; and arrange for the levying of district school taxes
25 necessary to provide the amount needed from district sources.
26 2. Prepare, adopt, and timely submit to the Department
27 of Education, as required by law and by rules of the State
28 Board of Education, the annual school budget, so as to promote
29 the improvement of the district school system.
30 (h) Records and reports.--
31 1. Keep all necessary records and make all needed and
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 required reports, as required by law or by rules of the State
2 Board of Education.
3 2. At regular intervals require reports to be made by
4 principals or teachers in all public schools to the parents of
5 the students enrolled and in attendance at their schools,
6 apprising them of the academic and other progress being made
7 by the student and giving other useful information.
8 (2) Require that all laws, all rules of the State
9 Board of Education, and all rules of the district school board
10 are properly enforced.
11 (3) Maintain a system of school improvement and
12 education accountability as required by law and State Board of
13 Education rule, including but not limited to the requirements
14 of chapter 1008.
15 (4) For any school within the district that is not in
16 compliance with the small school size requirements of chapter
17 1013, in order to reduce the anonymity of students in large
18 schools, adopt policies that encourage subdivision of the
19 school into schools-within-a-school, which shall operate
20 within existing resources. A "school-within-a-school" means an
21 operational program that uses flexible scheduling, team
22 planning, and curricular and instructional innovation to
23 organize groups of students with groups of teachers as smaller
24 units, so as to functionally operate as a smaller school.
25 Examples of this include, but are not limited to:
26 (a) An organizational arrangement assigning both
27 students and teachers to smaller units in which the students
28 take some or all of their coursework with their fellow grouped
29 students and from the teachers assigned to the smaller unit. A
30 unit may be grouped together for 1 year or on a vertical,
31 multiyear basis.
308
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1 (b) An organizational arrangement similar to that
2 described in paragraph (a) with additional variations in
3 instruction and curriculum. The smaller unit usually seeks to
4 maintain a program different from that of the larger school,
5 or of other smaller units. It may be vertically organized, but
6 is dependent upon the school principal for its existence,
7 budget, and staff.
8 (c) A separate and autonomous smaller unit formally
9 authorized by the district school board or district school
10 superintendent. The smaller unit plans and runs its own
11 program, has its own staff and students, and receives its own
12 separate budget. The smaller unit must negotiate the use of
13 common space with the larger school and defer to the building
14 principal on matters of safety and building operation.
15 Section 113. Section 1003.03, Florida Statutes, is
16 created to read:
17 1003.03 Maximum class size goals.--It is the goal of
18 the Legislature and each district school board that each
19 elementary school in the school district beginning with
20 kindergarten through grade three class sizes not exceed 20
21 students, with a ratio of one full-time equivalent teacher per
22 20 students; except that only in the case of "D" and "F"
23 schools as identified by the commissioner, the goal in
24 kindergarten through grade three shall be a ratio of one
25 full-time equivalent teacher per 15 students. For purposes of
26 any funding in the General Appropriations Act to meet these
27 goals, the district school board shall give priority to
28 identified "D" and "F" schools in the school district. Second
29 priority for the use of any funds designated for meeting these
30 goals shall be for kindergarten through grade one. Third
31 priority for the use of any funds designated for meeting these
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1 goals shall be for grades two and three.
2 Section 114. Section 1003.04, Florida Statutes, is
3 created to read:
4 1003.04 Student conduct and parental involvement
5 goals.--
6 (1) It is the goal of the Legislature and each
7 district school board that each public K-12 student remain in
8 attendance throughout the school year, unless excused by the
9 school for illness or other good cause, and comply fully with
10 the school's code of conduct.
11 (2) It is the goal of the Legislature and each
12 district school board that the parent of each public K-12
13 student comply with the school's reasonable and
14 time-acceptable parental involvement requests.
15 Section 115. Part II of chapter 1003, Florida
16 Statutes, shall be entitled "School Attendance" and shall
17 consist of ss. 1003.21-1003.29.
18 Section 116. Section 1003.21, Florida Statutes, is
19 created to read:
20 1003.21 School attendance.--
21 (1)(a)1. All children who have attained the age of 6
22 years or who will have attained the age of 6 years by February
23 1 of any school year or who are older than 6 years of age but
24 who have not attained the age of 16 years, except as otherwise
25 provided, are required to attend school regularly during the
26 entire school term.
27 2. Children who will have attained the age of 5 years
28 on or before September 1 of the school year are eligible for
29 admission to public kindergartens during that school year
30 under rules adopted by the district school board.
31 (b) Any child who has attained the age of 6 years on
310
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1 or before September 1 of the school year and who has been
2 enrolled in a public school or who has attained the age of 6
3 years on or before September 1 and has satisfactorily
4 completed the requirements for kindergarten in a private
5 school from which the district school board accepts transfer
6 of academic credit, or who otherwise meets the criteria for
7 admission or transfer in a manner similar to that applicable
8 to other grades, shall progress according to the district's
9 student progression plan. However, nothing in this section
10 shall authorize the state or any school district to oversee or
11 exercise control over the curricula or academic programs of
12 private schools or home education programs.
13 (c) A student who attains the age of 16 years during
14 the school year is not subject to compulsory school attendance
15 beyond the date upon which he or she attains that age if the
16 student files a formal declaration of intent to terminate
17 school enrollment with the district school board. The
18 declaration must acknowledge that terminating school
19 enrollment is likely to reduce the student's earning potential
20 and must be signed by the student and the student's parent.
21 The school district must notify the student's parent of
22 receipt of the student's declaration of intent to terminate
23 school enrollment.
24 (d) Students who become or have become married and
25 students who are pregnant shall not be prohibited from
26 attending school. These students and students who are parents
27 shall receive the same educational instruction or its
28 equivalent as other students, but may voluntarily be assigned
29 to a class or program suited to their special needs.
30 Consistent with s. 1003.54, pregnant or parenting teens may
31 participate in a teenage parent program. Pregnant students may
311
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Amendment No. ___ (for drafter's use only)
1 attend alternative education programs or adult education
2 programs, provided that the curriculum allows the student to
3 continue to work toward a high school diploma.
4 (e) Consistent with rules adopted by the State Board
5 of Education, children with disabilities who have attained the
6 age of 3 years shall be eligible for admission to public
7 special education programs and for related services under
8 rules adopted by the district school board. Exceptional
9 children who are deaf or hard of hearing, visually impaired,
10 dual sensory impaired, severely physically handicapped,
11 trainable mentally handicapped, or profoundly handicapped, or
12 who have established conditions, or exhibit developmental
13 delays, below age 3 may be eligible for special programs; or,
14 if enrolled in other school readiness programs, they may be
15 eligible for supplemental instruction. Rules for the
16 identification of established conditions for children birth
17 through 2 years of age and developmental delays for children
18 birth through 5 years of age must be adopted by the State
19 Board of Education.
20 (f) Homeless children, as defined in s. 1003.01, must
21 have access to a free public education and must be admitted to
22 school in the school district in which they or their families
23 live. School districts shall assist homeless children to meet
24 the requirements of subsection (4) and s. 1003.22, as well as
25 local requirements for documentation.
26 (2)(a) The State Board of Education may adopt rules
27 under which students not meeting the entrance age may be
28 transferred from another state if their parents have been
29 legal residents of that state.
30 (b) Each district school board, in accordance with
31 rules of the State Board of Education, shall adopt a policy
312
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that authorizes a parent to request and be granted permission
2 for absence of a student from school for religious instruction
3 or religious holidays.
4 (3) The district school superintendent may authorize
5 certificates of exemptions from school attendance requirements
6 in certain situations. Students within the compulsory
7 attendance age limits who hold valid certificates of exemption
8 that have been issued by the superintendent shall be exempt
9 from attending school. A certificate of exemption shall cease
10 to be valid at the end of the school year in which it is
11 issued.
12 (4) Before admitting a child to kindergarten, the
13 principal shall require evidence that the child has attained
14 the age at which he or she should be admitted in accordance
15 with the provisions of subparagraph (1)(a)2. The district
16 school superintendent may require evidence of the age of any
17 child whom he or she believes to be within the limits of
18 compulsory attendance as provided for by law. If the first
19 prescribed evidence is not available, the next evidence
20 obtainable in the order set forth below shall be accepted:
21 (a) A duly attested transcript of the child's birth
22 record filed according to law with a public officer charged
23 with the duty of recording births;
24 (b) A duly attested transcript of a certificate of
25 baptism showing the date of birth and place of baptism of the
26 child, accompanied by an affidavit sworn to by the parent;
27 (c) An insurance policy on the child's life that has
28 been in force for at least 2 years;
29 (d) A bona fide contemporary religious record of the
30 child's birth accompanied by an affidavit sworn to by the
31 parent;
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Amendment No. ___ (for drafter's use only)
1 (e) A passport or certificate of arrival in the United
2 States showing the age of the child;
3 (f) A transcript of record of age shown in the child's
4 school record of at least 4 years prior to application,
5 stating date of birth; or
6 (g) If none of these evidences can be produced, an
7 affidavit of age sworn to by the parent, accompanied by a
8 certificate of age signed by a public health officer or by a
9 public school physician, or, if neither of these is available
10 in the county, by a practicing physician licensed under
11 chapter 458, chapter 459, or chapter 460 designated by the
12 district school board, which certificate states that the
13 health officer or physician has examined the child and
14 believes that the age as stated in the affidavit is
15 substantially correct. A homeless child, as defined in s.
16 1003.01, shall be given temporary exemption from this section
17 for 30 school days.
18 Section 117. Section 1003.22, Florida Statutes, is
19 created to read:
20 1003.22 School-entry health examinations; immunization
21 against communicable diseases; exemptions; duties of
22 Department of Health.--
23 (1) Each district school board and the governing
24 authority of each private school shall require that each child
25 who is entitled to admittance to kindergarten, or is entitled
26 to any other initial entrance into a public or private school
27 in this state, present a certification of a school-entry
28 health examination performed by a physician licensed under
29 chapter 458, chapter 459, or chapter 460 within 1 year prior
30 to enrollment in school. Each district school board, and the
31 governing authority of each private school, may establish a
314
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 policy that permits a student up to 30 school days to present
2 a certification of a school-entry health examination performed
3 by a physician licensed under chapter 458, chapter 459, or
4 chapter 460. A homeless child, as defined in s. 1003.01,
5 shall be given a temporary exemption for 30 school days. Any
6 district school board that establishes such a policy shall
7 include provisions in its local school health services plan to
8 assist students in obtaining the health examinations. However,
9 any child shall be exempt from the requirement of a health
10 examination upon written request of the parent of the child
11 stating objections to the examination on religious grounds.
12 (2) The State Board of Education, subject to the
13 concurrence of the Department of Health, shall adopt rules to
14 govern medical examinations and immunizations performed under
15 this section.
16 (3) The Department of Health may adopt rules necessary
17 to administer and enforce this section. The Department of
18 Health, after consultation with the Department of Education,
19 shall adopt rules governing the immunization of children
20 against, the testing for, and the control of preventable
21 communicable diseases. The rules must include procedures for
22 exempting a child from immunization requirements.
23 Immunizations shall be required for poliomyelitis, diphtheria,
24 rubeola, rubella, pertussis, mumps, tetanus, and other
25 communicable diseases as determined by rules of the Department
26 of Health. The manner and frequency of administration of the
27 immunization or testing shall conform to recognized standards
28 of medical practice. The Department of Health shall supervise
29 and secure the enforcement of the required immunization.
30 Immunizations required by this section shall be available at
31 no cost from the county health departments.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4) Each district school board and the governing
2 authority of each private school shall establish and enforce
3 as policy that, prior to admittance to or attendance in a
4 public or private school, grades kindergarten through 12, each
5 child present or have on file with the school a certification
6 of immunization for the prevention of those communicable
7 diseases for which immunization is required by the Department
8 of Health and further shall provide for appropriate screening
9 of its students for scoliosis at the proper age. Such
10 certification shall be made on forms approved and provided by
11 the Department of Health and shall become a part of each
12 student's permanent record, to be transferred when the student
13 transfers, is promoted, or changes schools. The transfer of
14 such immunization certification by Florida public schools
15 shall be accomplished using the Florida Automated System for
16 Transferring Education Records and shall be deemed to meet the
17 requirements of this section.
18 (5) The provisions of this section shall not apply if:
19 (a) The parent of the child objects in writing that
20 the administration of immunizing agents conflicts with his or
21 her religious tenets or practices;
22 (b) A physician licensed under the provisions of
23 chapter 458 or chapter 459 certifies in writing, on a form
24 approved and provided by the Department of Health, that the
25 child should be permanently exempt from the required
26 immunization for medical reasons stated in writing, based upon
27 valid clinical reasoning or evidence, demonstrating the need
28 for the permanent exemption;
29 (c) A physician licensed under the provisions of
30 chapter 458, chapter 459, or chapter 460 certifies in writing,
31 on a form approved and provided by the Department of Health,
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that the child has received as many immunizations as are
2 medically indicated at the time and is in the process of
3 completing necessary immunizations;
4 (d) The Department of Health determines that,
5 according to recognized standards of medical practice, any
6 required immunization is unnecessary or hazardous; or
7 (e) An authorized school official issues a temporary
8 exemption, for a period not to exceed 30 school days, to
9 permit a student who transfers into a new county to attend
10 class until his or her records can be obtained. A homeless
11 child, as defined in s. 1003.01, shall be given a temporary
12 exemption for 30 school days. The public school health nurse
13 or authorized private school official is responsible for
14 followup of each such student until proper documentation or
15 immunizations are obtained. An exemption for 30 days may be
16 issued for a student who enters a juvenile justice program to
17 permit the student to attend class until his or her records
18 can be obtained or until the immunizations can be obtained. An
19 authorized juvenile justice official is responsible for
20 followup of each student who enters a juvenile justice program
21 until proper documentation or immunizations are obtained.
22 (6)(a) No person licensed by this state as a physician
23 or nurse shall be liable for any injury caused by his or her
24 action or failure to act in the administration of a vaccine or
25 other immunizing agent pursuant to the provisions of this
26 section if the person acts as a reasonably prudent person with
27 similar professional training would have acted under the same
28 or similar circumstances.
29 (b) No member of a district school board, or any of
30 its employees, or member of a governing board of a private
31 school, or any of its employees, shall be liable for any
317
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 injury caused by the administration of a vaccine to any
2 student who is required to be so immunized or for a failure to
3 diagnose scoliosis pursuant to the provisions of this section.
4 (7) The parents of any child admitted to or in
5 attendance at a Florida public or private school, grades
6 kindergarten through 12, are responsible for assuring that the
7 child is in compliance with the provisions of this section.
8 (8) Each public school, including public kindergarten,
9 and each private school, including private kindergarten, shall
10 be required to provide to the county health department
11 director or administrator annual reports of compliance with
12 the provisions of this section. Reports shall be completed on
13 forms provided by the Department of Health for each
14 kindergarten, and other grade as specified; and the reports
15 shall include the status of children who were admitted at the
16 beginning of the school year. After consultation with the
17 Department of Education, the Department of Health shall
18 establish by administrative rule the dates for submission of
19 these reports, the grades for which the reports shall be
20 required, and the forms to be used.
21 (9) The presence of any of the communicable diseases
22 for which immunization is required by the Department of Health
23 in a Florida public or private school shall permit the county
24 health department director or administrator or the State
25 Health Officer to declare a communicable disease emergency.
26 The declaration of such emergency shall mandate that all
27 students in attendance in the school who are not in compliance
28 with the provisions of this section be identified by the
29 district school board or by the governing authority of the
30 private school; and the school health and immunization records
31 of such children shall be made available to the county health
318
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 department director or administrator. Those children
2 identified as not being immunized against the disease for
3 which the emergency has been declared shall be temporarily
4 excluded from school by the district school board, or the
5 governing authority of the private school, until such time as
6 is specified by the county health department director or
7 administrator.
8 (10) Each district school board and the governing
9 authority of each private school shall:
10 (a) Refuse admittance to any child otherwise entitled
11 to admittance to kindergarten, or any other initial entrance
12 into a Florida public or private school, who is not in
13 compliance with the provisions of subsection (4).
14 (b) Temporarily exclude from attendance any student
15 who is not in compliance with the provisions of subsection
16 (4).
17 (11) The provisions of this section do not apply to
18 those persons admitted to or attending adult education classes
19 unless the adult students are under 21 years of age.
20 Section 118. Section 1003.23, Florida Statutes, is
21 created to read:
22 1003.23 Attendance records and reports.--
23 (1) The attendance of all public K-12 school students
24 shall be checked each school day in the manner prescribed by
25 rules of the State Board of Education and recorded in the
26 teacher's register or by some approved system of recording
27 attendance. Students may be counted in attendance only if
28 they are actually present at school or are away from school on
29 a school day and are engaged in an educational activity which
30 constitutes a part of the school-approved instructional
31 program for the student.
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Amendment No. ___ (for drafter's use only)
1 (2) All officials, teachers, and other employees in
2 public, parochial, religious, denominational, and private K-12
3 schools, including private tutors, shall keep all records and
4 shall prepare and submit promptly all reports that may be
5 required by law and by rules of the State Board of Education
6 and district school boards. Such records shall include a
7 register of enrollment and attendance and all persons
8 described above shall make these reports therefrom as may be
9 required by the State Board of Education. The enrollment
10 register shall show the absence or attendance of each student
11 enrolled for each school day of the year in a manner
12 prescribed by the State Board of Education. The register shall
13 be open for the inspection by the designated school
14 representative or the district school superintendent of the
15 district in which the school is located. Violation of the
16 provisions of this section shall be a misdemeanor of the
17 second degree, punishable as provided by law. This section
18 shall not apply to home education programs provided in s.
19 1002.41.
20 Section 119. Section 1003.24, Florida Statutes, is
21 created to read:
22 1003.24 Parents responsible for attendance of
23 children; attendance policy.--Each parent of a child within
24 the compulsory attendance age is responsible for the child's
25 school attendance as required by law. The absence of a
26 student from school is prima facie evidence of a violation of
27 this section; however, criminal prosecution under this chapter
28 may not be brought against a parent until the provisions of s.
29 1003.26 have been complied with. A parent of a student is not
30 responsible for the student's nonattendance at school under
31 any of the following conditions:
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) WITH PERMISSION.--The absence was with permission
2 of the head of the school;
3 (2) WITHOUT KNOWLEDGE.--The absence was without the
4 parent's knowledge, consent, or connivance, in which case the
5 student shall be dealt with as a dependent child;
6 (3) FINANCIAL INABILITY.--The parent was unable
7 financially to provide necessary clothes for the student,
8 which inability was reported in writing to the superintendent
9 prior to the opening of school or immediately after the
10 beginning of such inability, provided that the validity of any
11 claim for exemption under this paragraph shall be determined
12 by the district school superintendent subject to appeal to the
13 district school board; or
14 (4) SICKNESS, INJURY, OR OTHER INSURMOUNTABLE
15 CONDITION.--Attendance was impracticable or inadvisable on
16 account of sickness or injury, attested to by a written
17 statement of a practicing physician licensed under chapter
18 458, chapter 459, or chapter 460, or was impracticable because
19 of some other stated insurmountable condition as defined by
20 rules of the State Board of Education. If a student is
21 continually sick and repeatedly absent from school, he or she
22 must be under the supervision of a physician licensed under
23 chapter 458, chapter 459, or chapter 460 in order to receive
24 an excuse from attendance. Such excuse provides that a
25 student's condition justifies absence for more than the number
26 of days permitted by the district school board.
27
28 Each district school board shall establish an attendance
29 policy that includes, but is not limited to, the required
30 number of days each school year that a student must be in
31 attendance and the number of absences and tardinesses after
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 which a statement explaining such absences and tardinesses
2 must be on file at the school. Each school in the district
3 must determine if an absence or tardiness is excused or
4 unexcused according to criteria established by the district
5 school board.
6 Section 120. Section 1003.25, Florida Statutes, is
7 created to read:
8 1003.25 Procedures for maintenance and transfer of
9 student records.--
10 (1) Each principal shall maintain a permanent
11 cumulative record for each student enrolled in a public K-12
12 school. Such record shall be maintained in the form, and
13 contain all data, prescribed by rule by the State Board of
14 Education. The cumulative record is confidential and exempt
15 from the provisions of s. 119.07(1) and is open to inspection
16 only as provided in chapter 1002.
17 (2) The procedure for transferring and maintaining
18 records of students who transfer from school to school shall
19 be prescribed by rules of the State Board of Education.
20 (3) Procedures relating to the acceptance of transfer
21 work and credit for students shall be prescribed by rule by
22 the State Board of Education.
23 Section 121. Section 1003.26, Florida Statutes, is
24 created to read:
25 1003.26 Enforcement of school attendance.--The
26 Legislature finds that poor academic performance is associated
27 with nonattendance and that schools must take an active role
28 in enforcing attendance as a means of improving the
29 performance of many students. It is the policy of the state
30 that each district school superintendent be responsible for
31 enforcing school attendance of all students subject to the
322
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 compulsory school age in the school district. The
2 responsibility includes recommending to the district school
3 board policies and procedures to ensure that schools respond
4 in a timely manner to every unexcused absence, or absence for
5 which the reason is unknown, of students enrolled in the
6 schools. District school board policies must require each
7 parent of a student to justify each absence of the student,
8 and that justification will be evaluated based on adopted
9 district school board policies that define excused and
10 unexcused absences. The policies must provide that schools
11 track excused and unexcused absences and contact the home in
12 the case of an unexcused absence from school, or an absence
13 from school for which the reason is unknown, to prevent the
14 development of patterns of nonattendance. The Legislature
15 finds that early intervention in school attendance matters is
16 the most effective way of producing good attendance habits
17 that will lead to improved student learning and achievement.
18 Each public school shall implement the following steps to
19 enforce regular school attendance:
20 (1) CONTACT, REFER, AND ENFORCE.--
21 (a) Upon each unexcused absence, or absence for which
22 the reason is unknown, the school principal or his or her
23 designee shall contact the student's parent to determine the
24 reason for the absence. If the absence is an excused absence,
25 as defined by district school board policy, the school shall
26 provide opportunities for the student to make up assigned work
27 and not receive an academic penalty unless the work is not
28 made up within a reasonable time.
29 (b) If a student has had at least five unexcused
30 absences, or absences for which the reasons are unknown,
31 within a calendar month or 10 unexcused absences, or absences
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for which the reasons are unknown, within a 90-calendar-day
2 period, the student's primary teacher shall report to the
3 school principal or his or her designee that the student may
4 be exhibiting a pattern of nonattendance. The principal shall,
5 unless there is clear evidence that the absences are not a
6 pattern of nonattendance, refer the case to the school's child
7 study team to determine if early patterns of truancy are
8 developing. If the child study team finds that a pattern of
9 nonattendance is developing, whether the absences are excused
10 or not, a meeting with the parent must be scheduled to
11 identify potential remedies, and the principal shall notify
12 the district school superintendent and the school district
13 contact for home education programs that the referred student
14 is exhibiting a pattern of nonattendance.
15 (c) If an initial meeting does not resolve the
16 problem, the child study team shall implement interventions
17 that best address the problem. The interventions may include,
18 but need not be limited to:
19 1. Frequent communication between the teacher and the
20 family;
21 2. Changes in the learning environment;
22 3. Mentoring;
23 4. Student counseling;
24 5. Tutoring, including peer tutoring;
25 6. Placement into different classes;
26 7. Evaluation for alternative education programs;
27 8. Attendance contracts;
28 9. Referral to other agencies for family services; or
29 10. Other interventions, including, but not limited
30 to, a truancy petition pursuant to s. 984.151.
31 (d) The child study team shall be diligent in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 facilitating intervention services and shall report the case
2 to the district school superintendent only when all reasonable
3 efforts to resolve the nonattendance behavior are exhausted.
4 (e) If the parent refuses to participate in the
5 remedial strategies because he or she believes that those
6 strategies are unnecessary or inappropriate, the parent may
7 appeal to the district school board. The district school board
8 may provide a hearing officer, and the hearing officer shall
9 make a recommendation for final action to the district school
10 board. If the district school board's final determination is
11 that the strategies of the child study team are appropriate,
12 and the parent still refuses to participate or cooperate, the
13 district school superintendent may seek criminal prosecution
14 for noncompliance with compulsory school attendance.
15 (f)1. If the parent of a child who has been identified
16 as exhibiting a pattern of nonattendance enrolls the child in
17 a home education program pursuant to chapter 1002, the
18 district school superintendent shall provide the parent a copy
19 of s. 1002.41 and the accountability requirements of this
20 paragraph. The district school superintendent shall also
21 refer the parent to a home education review committee composed
22 of the district contact for home education programs and at
23 least two home educators selected by the parent from a
24 district list of all home educators who have conducted a home
25 education program for at least 3 years and who have indicated
26 a willingness to serve on the committee. The home education
27 review committee shall review the portfolio of the student, as
28 defined by s. 1002.41, every 30 days during the district's
29 regular school terms until the committee is satisfied that the
30 home education program is in compliance with s. 1002.41(1)(b).
31 The first portfolio review must occur within the first 30
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1 calendar days of the establishment of the program. The
2 provisions of subparagraph 2. do not apply once the committee
3 determines the home education program is in compliance with s.
4 1002.41(1)(b).
5 2. If the parent fails to provide a portfolio to the
6 committee, the committee shall notify the district school
7 superintendent. The district school superintendent shall then
8 terminate the home education program and require the parent to
9 enroll the child in an attendance option that meets the
10 definition of "regular school attendance" under s.
11 1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
12 termination of a home education program pursuant to this
13 subparagraph, the parent shall not be eligible to reenroll the
14 child in a home education program for 180 calendar days.
15 Failure of a parent to enroll the child in an attendance
16 option as required by this subparagraph after termination of
17 the home education program pursuant to this subparagraph shall
18 constitute noncompliance with the compulsory attendance
19 requirements of s. 1003.21 and may result in criminal
20 prosecution under s. 1003.27(2). Nothing contained herein
21 shall restrict the ability of the district school
22 superintendent, or the ability of his or her designee, to
23 review the portfolio pursuant to s. 1002.41(1)(b).
24 (g) If a student subject to compulsory school
25 attendance will not comply with attempts to enforce school
26 attendance, the parent or the district school superintendent
27 or his or her designee shall refer the case to the case
28 staffing committee pursuant to s. 984.12, and the district
29 school superintendent or his or her designee may file a
30 truancy petition pursuant to the procedures in s. 984.151.
31 (2) GIVE WRITTEN NOTICE.--
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1 (a) Under the direction of the district school
2 superintendent, a designated school representative shall give
3 written notice that requires enrollment or attendance within 3
4 days after the date of notice, in person or by return-receipt
5 mail, to the parent when no valid reason is found for a
6 student's nonenrollment in school. If the notice and
7 requirement are ignored, the designated school representative
8 shall report the case to the district school superintendent,
9 and may refer the case to the case staffing committee,
10 established pursuant to s. 984.12. The district school
11 superintendent shall take such steps as are necessary to bring
12 criminal prosecution against the parent.
13 (b) Subsequent to the activities required under
14 subsection (1), the district school superintendent or his or
15 her designee shall give written notice in person or by
16 return-receipt mail to the parent that criminal prosecution is
17 being sought for nonattendance. The district school
18 superintendent may file a truancy petition, as defined in s.
19 984.03, following the procedures outlined in s. 984.151.
20 (3) RETURN STUDENT TO PARENT.--A designated school
21 representative shall visit the home or place of residence of a
22 student and any other place in which he or she is likely to
23 find any student who is required to attend school when the
24 student is not enrolled or is absent from school during school
25 hours without an excuse, and, when the student is found, shall
26 return the student to his or her parent or to the principal or
27 teacher in charge of the school, or to the private tutor from
28 whom absent, or to the juvenile assessment center or other
29 location established by the district school board to receive
30 students who are absent from school. Upon receipt of the
31 student, the parent shall be immediately notified.
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1 (4) REPORT TO APPROPRIATE AUTHORITY.--A designated
2 school representative shall report to the appropriate
3 authority designated by law to receive such notices, all
4 violations of the Child Labor Law that may come to his or her
5 knowledge.
6 (5) RIGHT TO INSPECT.--A designated school
7 representative shall have the right of access to, and
8 inspection of, establishments where minors may be employed or
9 detained only for the purpose of ascertaining whether students
10 of compulsory school age are actually employed there and are
11 actually working there regularly. The designated school
12 representative shall, if he or she finds unsatisfactory
13 working conditions or violations of the Child Labor Law,
14 report his or her findings to the appropriate authority.
15 Section 122. Section 1003.27, Florida Statutes, is
16 created to read:
17 1003.27 Court procedure and penalties.--The court
18 procedure and penalties for the enforcement of the provisions
19 of this part, relating to compulsory school attendance, shall
20 be as follows:
21 (1) COURT JURISDICTION.--The circuit court has
22 original and exclusive jurisdiction of all proceedings
23 against, or prosecutions of, students under the provisions of
24 this part. Proceedings against, or prosecutions of, parents or
25 employers as provided by this section shall be in the court of
26 each county having jurisdiction of misdemeanors wherein trial
27 by jury is afforded the defendant.
28 (2) NONENROLLMENT AND NONATTENDANCE CASES.--
29 (a) In each case of nonenrollment or of nonattendance
30 upon the part of a student who is required to attend some
31 school, when no valid reason for such nonenrollment or
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1 nonattendance is found, the district school superintendent
2 shall institute a criminal prosecution against the student's
3 parent.
4 (b) Each public school principal or the principal's
5 designee shall notify the district school board of each minor
6 student under its jurisdiction who accumulates 15 unexcused
7 absences in a period of 90 calendar days. Each designee of the
8 governing body of each private school, and each parent whose
9 child is enrolled in a home education program, may provide the
10 Department of Highway Safety and Motor Vehicles with the legal
11 name, sex, date of birth, and social security number of each
12 minor student under his or her jurisdiction who fails to
13 satisfy relevant attendance requirements and who fails to
14 otherwise satisfy the requirements of s. 322.091. The district
15 school superintendent must provide the Department of Highway
16 Safety and Motor Vehicles the legal name, sex, date of birth,
17 and social security number of each minor student who has been
18 reported under this paragraph and who fails to otherwise
19 satisfy the requirements of s. 322.091. The Department of
20 Highway Safety and Motor Vehicles may not issue a driver's
21 license or learner's driver's license to, and shall suspend
22 any previously issued driver's license or learner's driver's
23 license of, any such minor student, pursuant to the provisions
24 of s. 322.091.
25 (3) HABITUAL TRUANCY CASES.--The district school
26 superintendent is authorized to file a truancy petition, as
27 defined in s. 984.03, following the procedures outlined in s.
28 984.151. If the district school superintendent chooses not to
29 file a truancy petition, procedures for filing a
30 child-in-need-of-services petition shall be commenced pursuant
31 to this subsection and chapter 984. In accordance with
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1 procedures established by the district school board, the
2 designated school representative shall refer a student who is
3 habitually truant and the student's family to the
4 children-in-need-of-services and families-in-need-of-services
5 provider or the case staffing committee, established pursuant
6 to s. 984.12, as determined by the cooperative agreement
7 required in this section. The case staffing committee may
8 request the Department of Juvenile Justice or its designee to
9 file a child-in-need-of-services petition based upon the
10 report and efforts of the district school board or other
11 community agency or may seek to resolve the truant behavior
12 through the school or community-based organizations or
13 agencies. Prior to and subsequent to the filing of a
14 child-in-need-of-services petition due to habitual truancy,
15 the appropriate governmental agencies must allow a reasonable
16 time to complete actions required by this section and s.
17 1003.26 to remedy the conditions leading to the truant
18 behavior. Prior to the filing of a petition, the district
19 school board must have complied with the requirements of s.
20 1003.26, and those efforts must have been unsuccessful.
21 (4) COOPERATIVE AGREEMENTS.--The circuit manager of
22 the Department of Juvenile Justice or the circuit manager's
23 designee, the district administrator of the Department of
24 Children and Family Services or the district administrator's
25 designee, and the district school superintendent or the
26 superintendent's designee must develop a cooperative
27 interagency agreement that:
28 (a) Clearly defines each department's role,
29 responsibility, and function in working with habitual truants
30 and their families.
31 (b) Identifies and implements measures to resolve and
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1 reduce truant behavior.
2 (c) Addresses issues of streamlining service delivery,
3 the appropriateness of legal intervention, case management,
4 the role and responsibility of the case staffing committee,
5 student and parental intervention and involvement, and
6 community action plans.
7 (d) Delineates timeframes for implementation and
8 identifies a mechanism for reporting results by the circuit
9 juvenile justice manager or the circuit manager's designee and
10 the district school superintendent or the superintendent's
11 designee to the Department of Juvenile Justice and the
12 Department of Education and other governmental entities as
13 needed.
14 (e) Designates which agency is responsible for each of
15 the intervention steps in this section, to yield more
16 effective and efficient intervention services.
17 (5) ATTENDANCE REGISTER AS EVIDENCE.--The register of
18 attendance of students at a public, parochial, religious,
19 denominational, or private school, or of students taught by a
20 private tutor, kept in compliance with rules of the State
21 Board of Education is prima facie evidence of the facts which
22 it is required to show. A certified copy of any rule and a
23 statement of the date of its adoption by the State Board of
24 Education is admissible as prima facie evidence of the
25 provisions of the rule and of the date of its adoption.
26 (6) PROCEEDINGS AND PROSECUTIONS; WHO MAY
27 BEGIN.--Proceedings or prosecutions under this chapter may be
28 commenced by the district school superintendent, by a
29 designated school representative, by the probation officer of
30 the county, by the executive officer of any court of competent
31 jurisdiction, by an officer of any court of competent
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1 jurisdiction, or by a duly authorized agent of the Department
2 of Education or the Department of Juvenile Justice. If a
3 proceeding has been commenced against both a parent and a
4 child pursuant to this chapter, the presiding courts shall
5 make every effort to coordinate sanctions against the child
6 and parent, including ordering the child and parent to perform
7 community service hours or attend counseling together.
8 (7) PENALTIES.--The penalties for refusing or failing
9 to comply with this chapter shall be as follows:
10 (a) The parent.--
11 1. A parent who refuses or fails to have a minor
12 student who is under his or her control attend school
13 regularly, or who refuses or fails to comply with the
14 requirements in subsection (3), commits a misdemeanor of the
15 second degree, punishable as provided in s. 775.082 or s.
16 775.083.
17 2. The continued or habitual absence of a minor
18 student without the consent of the principal or teacher in
19 charge of the school he or she attends or should attend, or of
20 the tutor who instructs or should instruct him or her, is
21 prima facie evidence of a violation of this chapter; however,
22 a showing that the parent has made a bona fide and diligent
23 effort to control and keep the student in school shall be an
24 affirmative defense to any criminal or other liability under
25 this subsection and the court shall refer the parent and child
26 for counseling, guidance, or other needed services.
27 3. In addition to any other punishment, the court
28 shall order a parent who has violated this section to send the
29 minor student to school, and may also order the parent to
30 participate in an approved parent training class, attend
31 school with the student unless this would cause undue
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1 hardship, perform community service hours at the school, or
2 participate in counseling or other services, as appropriate.
3 If a parent is ordered to attend school with a student, the
4 school shall provide for programming to educate the parent and
5 student on the importance of school attendance. It shall be
6 unlawful to terminate any employee solely because he or she is
7 attending school with his or her child pursuant to a court
8 order.
9 (b) The principal or teacher.--A principal or teacher
10 in any public, parochial, religious, denominational, or
11 private school, or a private tutor who willfully violates any
12 provision of this chapter may, upon satisfactory proof of such
13 violation, have his or her certificate revoked by the
14 Department of Education.
15 (c) The employer.--
16 1. An employer who fails to notify the district school
17 superintendent when he or she ceases to employ a student
18 commits a misdemeanor of the second degree, punishable as
19 provided in s. 775.082 or s. 775.083.
20 2. An employer who terminates any employee solely
21 because he or she is attending school with a student pursuant
22 to court order commits a misdemeanor of the second degree,
23 punishable as provided in s. 775.082 or s. 775.083.
24 (d) The student.--
25 1. In addition to any other authorized sanctions, the
26 court shall order a student found to be a habitual truant to
27 make up all school work missed and may order the student to
28 pay a civil penalty of up to $2, based on the student's
29 ability to pay, for each day of school missed, perform up to
30 25 community service hours at the school, or participate in
31 counseling or other services, as appropriate.
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1 2. Upon a second or subsequent finding that a student
2 is a habitual truant, the court, in addition to any other
3 authorized sanctions, shall order the student to make up all
4 school work missed and may order the student to pay a civil
5 penalty of up to $5, based on the student's ability to pay,
6 for each day of school missed, perform up to 50 community
7 service hours at the school, or participate in counseling or
8 other services, as appropriate.
9 Section 123. Section 1003.28, Florida Statutes, is
10 created to read:
11 1003.28 Continuation of truancy remedial activities
12 upon transfer of student; retention of legal jurisdiction.--
13 (1) If, during the activities designed to remedy
14 truant behavior as described in s. 1003.27, the parent of the
15 student who is the subject of such activities transfers the
16 student to another school district in this state in an attempt
17 to circumvent the remedial procedures which have already
18 begun, the administration of the school from which the student
19 transferred shall provide to the administration of the new
20 school, at no charge, copies of all available records and
21 documents relevant to such remedial activities, and the
22 administration of the new school shall begin remedial
23 activities in the program that most closely meets the transfer
24 student's needs.
25 (2) In the event that a legal proceeding has
26 commenced, as provided in s. 1003.27, against a student who
27 has been determined to be a habitual truant, the movement of
28 the student who is the subject of such proceeding to another
29 circuit court district in this state will not affect the
30 jurisdiction of the court to proceed with the case under the
31 law.
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1 Section 124. Section 1003.29, Florida Statutes, is
2 created to read:
3 1003.29 Notice to schools of court action.--If a court
4 takes action that directly involves a student's school,
5 including, but not limited to, an order that a student attend
6 school, attend school with his or her parent, perform at grade
7 level, or perform community service hours at the school, the
8 office of the clerk of the court shall provide notice to the
9 school of the court's action.
10 Section 125. Part III of chapter 1003, Florida
11 Statutes, shall be entitled "Control of Students" and shall
12 consist of ss. 1003.31-1003.33.
13 Section 126. Section 1003.31, Florida Statutes, is
14 created to read:
15 1003.31 Students subject to control of school.--
16 (1) Subject to law and rules of the State Board of
17 Education and of the district school board, each student
18 enrolled in a school shall:
19 (a) During the time she or he is being transported to
20 or from school at public expense;
21 (b) During the time she or he is attending school;
22 (c) During the time she or he is on the school
23 premises participating with authorization in a
24 school-sponsored activity; and
25 (d) During a reasonable time before and after the
26 student is on the premises for attendance at school or for
27 authorized participation in a school-sponsored activity, and
28 only when on the premises,
29
30 be under the control and direction of the principal or teacher
31 in charge of the school, and under the immediate control and
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1 direction of the teacher or other member of the instructional
2 staff or of the bus driver to whom such responsibility may be
3 assigned by the principal. However, the State Board of
4 Education or the district school board may, by rules, subject
5 each student to the control and direction of the principal or
6 teacher in charge of the school during the time she or he is
7 otherwise en route to or from school or is presumed by law to
8 be attending school.
9 (2) There is a rebuttable presumption that the term
10 "reasonable time" means 30 minutes before or after the
11 activity is scheduled or actually begins or ends, whichever
12 period is longer. A school or district school board may, by
13 policy or other formal action, assume a longer period of
14 supervision. Casual or incidental contact between school
15 district personnel and students on school property shall not
16 result in a legal duty to supervise outside of the reasonable
17 times set forth in this section, provided that parents shall
18 be advised in writing twice per year or by posted signs of the
19 school's formal supervisory responsibility and that parents
20 should not rely on additional supervision. The duty of
21 supervision shall not extend to anyone other than students
22 attending school and students authorized to participate in
23 school-sponsored activities.
24 (3) Nothing shall prohibit a district school board
25 from having the right to expel, or to take disciplinary action
26 against, a student who is found to have committed an offense
27 on school property at any time if:
28 (a) The student is found to have committed a
29 delinquent act which would be a felony if committed by an
30 adult;
31 (b) The student has had adjudication withheld for a
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1 delinquent act which, if committed by an adult, would be a
2 felony; or
3 (c) The student has been found guilty of a felony.
4
5 However, if the student is a student with a disability, the
6 disciplinary action must comply with the procedures set forth
7 in State Board of Education rule.
8 (4) Each student enrolled in a school may be required
9 to take the following school child's daily conduct pledge:
10 (a) I will be respectful at all times and obedient
11 unless asked to do wrong.
12 (b) I will not hurt another person with my words or my
13 acts, because it is wrong to hurt others.
14 (c) I will tell the truth, because it is wrong to tell
15 a lie.
16 (d) I will not steal, because it is wrong to take
17 someone else's property.
18 (e) I will respect my body, and not take drugs.
19 (f) I will show strength and courage, and not do
20 something wrong, just because others are doing it.
21 (g) I pledge to be nonviolent and to respect my
22 teachers and fellow classmates.
23 Section 127. Section 1003.32, Florida Statutes, is
24 created to read:
25 1003.32 Authority of teacher; responsibility for
26 control of students; district school board and principal
27 duties.--Subject to law and to the rules of the district
28 school board, each teacher or other member of the staff of any
29 school shall have such authority for the control and
30 discipline of students as may be assigned to him or her by the
31 principal or the principal's designated representative and
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1 shall keep good order in the classroom and in other places in
2 which he or she is assigned to be in charge of students.
3 (1) Within the framework of the district school
4 board's code of student conduct, teachers and other
5 instructional personnel shall have the authority to undertake
6 any of the following actions in managing student behavior and
7 ensuring the safety of all students in their classes and
8 school:
9 (a) Establish classroom rules of conduct.
10 (b) Establish and implement consequences, designed to
11 change behavior, for infractions of classroom rules.
12 (c) Have disobedient, disrespectful, violent, abusive,
13 uncontrollable, or disruptive students temporarily removed
14 from the classroom for behavior management intervention.
15 (d) Have violent, abusive, uncontrollable, or
16 disruptive students directed for information or assistance
17 from appropriate school or district school board personnel.
18 (e) Assist in enforcing school rules on school
19 property, during school-sponsored transportation, and during
20 school-sponsored activities.
21 (f) Request and receive information as to the
22 disposition of any referrals to the administration for
23 violation of classroom or school rules.
24 (g) Request and receive immediate assistance in
25 classroom management if a student becomes uncontrollable or in
26 case of emergency.
27 (h) Request and receive training and other assistance
28 to improve skills in classroom management, violence
29 prevention, conflict resolution, and related areas.
30 (i) Press charges if a crime has been committed
31 against the teacher or other instructional personnel on school
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1 property, during school-sponsored transportation, or during
2 school-sponsored activities.
3 (j) Use reasonable force, according to standards
4 adopted by the State Board of Education, to protect himself or
5 herself or others from injury.
6 (k) Use corporal punishment according to school board
7 policy and at least the following procedures, if a teacher
8 feels that corporal punishment is necessary:
9 1. The use of corporal punishment shall be approved in
10 principle by the principal before it is used, but approval is
11 not necessary for each specific instance in which it is used.
12 The principal shall prepare guidelines for administering such
13 punishment which identify the types of punishable offenses,
14 the conditions under which the punishment shall be
15 administered, and the specific personnel on the school staff
16 authorized to administer the punishment.
17 2. A teacher or principal may administer corporal
18 punishment only in the presence of another adult who is
19 informed beforehand, and in the student's presence, of the
20 reason for the punishment.
21 3. A teacher or principal who has administered
22 punishment shall, upon request, provide the student's parent
23 with a written explanation of the reason for the punishment
24 and the name of the other adult who was present.
25 (2) Teachers and other instructional personnel shall:
26 (a) Set and enforce reasonable classroom rules that
27 treat all students equitably.
28 (b) Seek professional development to improve classroom
29 management skills when data show that they are not effective
30 in handling minor classroom disruptions.
31 (c) Maintain a positive and effective learning
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1 environment that maximizes learning and minimizes disruption.
2 (d) Work with parents and other school personnel to
3 solve discipline problems in their classrooms.
4 (3) A teacher may send a student to the principal's
5 office to maintain effective discipline in the classroom. The
6 principal shall respond by employing appropriate
7 discipline-management techniques consistent with the student
8 code of conduct under s. 1006.07.
9 (4) A teacher may remove from class a student whose
10 behavior the teacher determines interferes with the teacher's
11 ability to communicate effectively with the students in the
12 class or with the ability of the student's classmates to
13 learn.
14 (5) If a teacher removes a student from class under
15 subsection (4), the principal may place the student in another
16 appropriate classroom, in in-school suspension, or in a
17 dropout prevention and academic intervention program as
18 provided by s. 1003.53; or the principal may recommend the
19 student for out-of-school suspension or expulsion, as
20 appropriate. The student may be prohibited from attending or
21 participating in school-sponsored or school-related
22 activities. The principal may not return the student to that
23 teacher's class without the teacher's consent unless the
24 committee established under subsection (6) determines that
25 such placement is the best or only available alternative. The
26 teacher and the placement review committee must render
27 decisions within 5 days of the removal of the student from the
28 classroom.
29 (6) Each school shall establish a committee to
30 determine placement of a student when a teacher withholds
31 consent to the return of a student to the teacher's class.
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1 Committee membership must include at least the following:
2 (a) Two teachers selected by the school's faculty.
3 (b) One member from the school's staff who is selected
4 by the principal.
5
6 The teacher who withheld consent to readmitting the student
7 may not serve on the committee. The teacher and the placement
8 review committee must render decisions within 5 days after the
9 removal of the student from the classroom.
10 (7) Any teacher who removes 25 percent of his or her
11 total class enrollment shall be required to complete
12 professional development to improve classroom management
13 skills.
14 (8) When knowledgeable of the likely risk of physical
15 violence in the schools, the district school board shall take
16 reasonable steps to ensure that teachers, other school staff,
17 and students are not at undue risk of violence or harm.
18 Section 128. Section 1003.33, Florida Statutes, is
19 created to read:
20 1003.33 Report cards; end-of-the-year status.--
21 (1) Each district school board shall establish and
22 publish policies requiring the content and regular issuance of
23 student report cards for all elementary school, middle school,
24 and high school students. These report cards must clearly
25 depict and grade:
26 (a) The student's academic performance in each class
27 or course, which in grades 1 through 12 must be based upon
28 examinations as well as written papers, class participation,
29 and other academic performance criteria.
30 (b) The student's conduct and behavior.
31 (c) The student's attendance, including absences and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 tardiness.
2 (2) A student's final report card for a school year
3 shall contain a statement indicating end-of-the-year status
4 regarding performance or nonperformance at grade level,
5 acceptable or unacceptable behavior and attendance, and
6 promotion or nonpromotion.
7
8 District school boards shall not allow schools to exempt
9 students from academic performance requirements based on
10 practices or policies designed to encourage student
11 attendance. A student's attendance record may not be used in
12 whole or in part to provide an exemption from any academic
13 performance requirement.
14 Section 129. Part IV of chapter 1003, Florida
15 Statutes, shall be entitled "Public K-12 Educational
16 Instruction" and shall consist of ss. 1003.41-1003.491.
17 Section 130. Section 1003.41, Florida Statutes, is
18 created to read:
19 1003.41 Sunshine State Standards.--Public K-12
20 educational instruction in Florida is based on the "Sunshine
21 State Standards." These standards have been adopted by the
22 State Board of Education and delineate the academic
23 achievement of students, for which the state will hold schools
24 accountable, in grades K-2, 3-5, 6-8, and 9-12 in the subjects
25 of language arts, mathematics, science, social studies, the
26 arts, health and physical education, and foreign languages.
27 They include standards in reading, writing, history,
28 government, geography, economics, and computer literacy.
29 Section 131. Section 1003.42, Florida Statutes, is
30 created to read:
31 1003.42 Required instruction.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) Each district school board shall provide all
2 courses required for high school graduation and appropriate
3 instruction designed to ensure that students meet State Board
4 of Education adopted standards in the following subject areas:
5 reading and other language arts, mathematics, science, social
6 studies, foreign languages, health and physical education, and
7 the arts.
8 (2) Members of the instructional staff of the public
9 schools, subject to the rules of the State Board of Education
10 and the district school board, shall teach efficiently and
11 faithfully, using the books and materials required, following
12 the prescribed courses of study, and employing approved
13 methods of instruction, the following:
14 (a) The content of the Declaration of Independence and
15 how it forms the philosophical foundation of our government.
16 (b) The arguments in support of adopting our
17 republican form of government, as they are embodied in the
18 most important of the Federalist Papers.
19 (c) The essentials of the United States Constitution
20 and how it provides the structure of our government.
21 (d) Flag education, including proper flag display and
22 flag salute.
23 (e) The elements of civil government, including the
24 primary functions of and interrelationships between the
25 Federal Government, the state, and its counties,
26 municipalities, school districts, and special districts.
27 (f) The history of the Holocaust (1933-1945), the
28 systematic, planned annihilation of European Jews and other
29 groups by Nazi Germany, a watershed event in the history of
30 humanity, to be taught in a manner that leads to an
31 investigation of human behavior, an understanding of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 ramifications of prejudice, racism, and stereotyping, and an
2 examination of what it means to be a responsible and
3 respectful person, for the purposes of encouraging tolerance
4 of diversity in a pluralistic society and for nurturing and
5 protecting democratic values and institutions.
6 (g) The history of African Americans, including the
7 history of African peoples before the political conflicts that
8 led to the development of slavery, the passage to America, the
9 enslavement experience, abolition, and the contributions of
10 African Americans to society.
11 (h) The elementary principles of agriculture.
12 (i) The true effects of all alcoholic and intoxicating
13 liquors and beverages and narcotics upon the human body and
14 mind.
15 (j) Kindness to animals.
16 (k) The history of the state.
17 (l) The conservation of natural resources.
18 (m) Comprehensive health education that addresses
19 concepts of community health; consumer health; environmental
20 health; family life, including an awareness of the benefits of
21 sexual abstinence as the expected standard and the
22 consequences of teenage pregnancy; mental and emotional
23 health; injury prevention and safety; nutrition; personal
24 health; prevention and control of disease; and substance use
25 and abuse.
26 (n) Such additional materials, subjects, courses, or
27 fields in such grades as are prescribed by law or by rules of
28 the State Board of Education and the district school board in
29 fulfilling the requirements of law.
30 (o) The study of Hispanic contributions to the United
31 States.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (p) The study of women's contributions to the United
2 States.
3 (q) A character-development program in the elementary
4 schools, similar to Character First or Character Counts, which
5 is secular in nature and stresses such character qualities as
6 attentiveness, patience, and initiative. Beginning in school
7 year 2004-2005, the character-development program shall be
8 required in kindergarten through grade 12. Each district
9 school board shall develop or adopt a curriculum for the
10 character-development program that shall be submitted to the
11 department for approval. The character-development curriculum
12 shall stress the qualities of patriotism, responsibility,
13 citizenship, kindness, respect, honesty, self-control,
14 tolerance, and cooperation.
15 (r) In order to encourage patriotism, the sacrifices
16 that veterans have made in serving our country and protecting
17 democratic values worldwide. Such instruction must occur on or
18 before Veterans' Day and Memorial Day. Members of the
19 instructional staff are encouraged to use the assistance of
20 local veterans when practicable.
21 (3) Any student whose parent makes written request to
22 the school principal shall be exempted from the teaching of
23 reproductive health or any disease, including HIV/AIDS, its
24 symptoms, development, and treatment. A student so exempted
25 may not be penalized by reason of that exemption. Course
26 descriptions for comprehensive health education shall not
27 interfere with the local determination of appropriate
28 curriculum which reflects local values and concerns.
29 Section 132. Section 1003.43, Florida Statutes, is
30 created to read:
31 1003.43 General requirements for high school
345
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 graduation.--
2 (1) Graduation requires successful completion of
3 either a minimum of 24 academic credits in grades 9 through 12
4 or an International Baccalaureate curriculum. The 24 credits
5 shall be distributed as follows:
6 (a) Four credits in English, with major concentration
7 in composition and literature.
8 (b) Three credits in mathematics. Effective for
9 students entering the 9th grade in the 1997-1998 school year
10 and thereafter, one of these credits must be Algebra I, a
11 series of courses equivalent to Algebra I, or a higher-level
12 mathematics course.
13 (c) Three credits in science, two of which must have a
14 laboratory component. The State Board of Education may grant
15 an annual waiver of the laboratory requirement to a district
16 school board that certifies that its laboratory facilities are
17 inadequate, provided the district school board submits a
18 capital outlay plan to provide adequate facilities and makes
19 the funding of this plan a priority of the district school
20 board. Agriscience Foundations I, the core course in secondary
21 Agriscience and Natural Resources programs, counts as one of
22 the science credits.
23 (d) One credit in American history.
24 (e) One credit in world history, including a
25 comparative study of the history, doctrines, and objectives of
26 all major political systems.
27 (f) One-half credit in economics, including a
28 comparative study of the history, doctrines, and objectives of
29 all major economic systems. The Florida Council on Economic
30 Education shall provide technical assistance to the department
31 and district school boards in developing curriculum materials
346
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for the study of economics.
2 (g) One-half credit in American government, including
3 study of the Constitution of the United States. For students
4 entering the 9th grade in the 1997-1998 school year and
5 thereafter, the study of Florida government, including study
6 of the State Constitution, the three branches of state
7 government, and municipal and county government, shall be
8 included as part of the required study of American government.
9 (h)1. One credit in practical arts career and
10 technical education or exploratory career and technical
11 education. Any career and technical education course as
12 defined in s. 1003.01 may be taken to satisfy the high school
13 graduation requirement for one credit in practical arts or
14 exploratory career and technical education provided in this
15 subparagraph;
16 2. One credit in performing fine arts to be selected
17 from music, dance, drama, painting, or sculpture. A course in
18 any art form, in addition to painting or sculpture, that
19 requires manual dexterity, or a course in speech and debate,
20 may be taken to satisfy the high school graduation requirement
21 for one credit in performing arts pursuant to this
22 subparagraph; or
23 3. One-half credit each in practical arts career and
24 technical education or exploratory career and technical
25 education and performing fine arts, as defined in this
26 paragraph.
27
28 Such credit for practical arts career and technical education
29 or exploratory career and technical education or for
30 performing fine arts shall be made available in the 9th grade,
31 and students shall be scheduled into a 9th grade course as a
347
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 priority.
2 (i) One-half credit in life management skills to
3 include consumer education, positive emotional development,
4 marriage and relationship skill-based education, nutrition,
5 prevention of human immunodeficiency virus infection and
6 acquired immune deficiency syndrome and other sexually
7 transmissible diseases, benefits of sexual abstinence and
8 consequences of teenage pregnancy, information and instruction
9 on breast cancer detection and breast self-examination,
10 cardiopulmonary resuscitation, drug education, and the hazards
11 of smoking. Such credit shall be given for a course to be
12 taken by all students in either the 9th or 10th grade.
13 (j) One credit in physical education to include
14 assessment, improvement, and maintenance of personal fitness.
15 Participation in an interscholastic sport at the junior
16 varsity or varsity level, for two full seasons, shall satisfy
17 the one-credit requirement in physical education if the
18 student passes a competency test on personal fitness with a
19 score of "C" or better. The competency test on personal
20 fitness must be developed by the Department of Education. A
21 district school board may not require that the one credit in
22 physical education be taken during the 9th grade year.
23 Completion of one semester with a grade of "C" or better in a
24 marching band class or in a physical activity class that
25 requires participation in marching band activities as an
26 extracurricular activity shall satisfy a one-half credit
27 requirement in physical education. This one-half credit may
28 not be used to satisfy the personal fitness requirement or the
29 requirement for adaptive physical education under an
30 individual educational plan (IEP) or 504 plan.
31 (k) Eight and one-half elective credits.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1
2 District school boards may award a maximum of one-half credit
3 in social studies and one-half elective credit for student
4 completion of nonpaid voluntary community or school service
5 work. Students choosing this option must complete a minimum
6 of 75 hours of service in order to earn the one-half credit in
7 either category of instruction. Credit may not be earned for
8 service provided as a result of court action. District school
9 boards that approve the award of credit for student volunteer
10 service shall develop guidelines regarding the award of the
11 credit, and school principals are responsible for approving
12 specific volunteer activities. A course designated in the
13 Course Code Directory as grade 9 through grade 12 that is
14 taken below the 9th grade may be used to satisfy high school
15 graduation requirements or Florida Academic Scholars award
16 requirements as specified in a district school board's student
17 progression plan. A student shall be granted credit toward
18 meeting the requirements of this subsection for equivalent
19 courses, as identified pursuant to s. 1007.271(6), taken
20 through dual enrollment.
21 (2) Remedial and compensatory courses taken in grades
22 9 through 12 may only be counted as elective credit as
23 provided in subsection (1).
24 (3) Credit for high school graduation may be earned
25 for volunteer activities and nonacademic activities which have
26 been approved for such credit by the State Board of Education.
27 (4)(a) A district school board may require specific
28 courses and programs of study within the minimum credit
29 requirements for high school graduation and shall modify basic
30 courses, as necessary, to assure exceptional students the
31 opportunity to meet the graduation requirements for a standard
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 diploma, using one of the following strategies:
2 1. Assignment of the exceptional student to an
3 exceptional education class for instruction in a basic course
4 with the same student performance standards as those required
5 of nonexceptional students in the district school board
6 student progression plan; or
7 2. Assignment of the exceptional student to a basic
8 education class for instruction that is modified to
9 accommodate the student's exceptionality.
10 (b) The district school board shall determine which of
11 these strategies to employ based upon an assessment of the
12 student's needs and shall reflect this decision in the
13 student's individual educational plan.
14 (c) District school boards are authorized and
15 encouraged to establish requirements for high school
16 graduation in excess of the minimum requirements; however, an
17 increase in academic credit or minimum grade point average
18 requirements shall not apply to those students enrolled in
19 grades 9 through 12 at the time the district school board
20 increases the requirements. In addition, any increase in
21 academic credit or minimum grade point average requirements
22 shall not apply to a student who earns credit toward the
23 graduation requirements of this section for equivalent courses
24 taken through dual enrollment.
25 (5) Each district school board shall establish
26 standards for graduation from its schools, and these standards
27 must include:
28 (a) Earning passing scores on the FCAT, as defined in
29 s. 1008.22(3)(c).
30 (b) Completion of all other applicable requirements
31 prescribed by the district school board pursuant to s.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1008.25.
2 (c) Achievement of a cumulative grade point average of
3 1.5 on a 4.0 scale, or its equivalent, for students entering
4 9th grade before the 1997-1998 school year; however, these
5 students must earn a cumulative grade point average of 2.0 on
6 a 4.0 scale, or its equivalent, in the courses required by
7 subsection (1) that are taken after July 1, 1997, or have an
8 overall cumulative grade point average of 2.0 or above.
9 (d) Achievement of a cumulative grade point average of
10 2.0 on a 4.0 scale, or its equivalent, in the courses required
11 by subsection (1), for students entering 9th grade in the
12 1997-1998 school year and thereafter.
13 (e) For purposes of paragraphs (c) and (d):
14 1. Each district school board shall adopt policies
15 designed to assist students in meeting these requirements.
16 These policies may include, but are not limited to:
17 forgiveness policies, summer school or before or after school
18 attendance, special counseling, volunteer and/or peer tutors,
19 school-sponsored help sessions, homework hotlines, and study
20 skills classes. Beginning in the 2000-2001 school year and
21 each year thereafter, forgiveness policies for required
22 courses shall be limited to replacing a grade of "D" or "F,"
23 or the equivalent of a grade of "D" or "F," with a grade of
24 "C" or higher, or the equivalent of a grade of "C" or higher,
25 earned subsequently in the same or comparable course.
26 Forgiveness policies for elective courses shall be limited to
27 replacing a grade of "D" or "F," or the equivalent of a grade
28 of "D" or "F," with a grade of "C" or higher, or the
29 equivalent of a grade of "C" or higher, earned subsequently in
30 another course. Any course grade not replaced according to a
31 district school board forgiveness policy shall be included in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the calculation of the cumulative grade point average required
2 for graduation.
3 2. At the end of each semester, the parent of each
4 student in grades 9, 10, 11, and 12 who has a cumulative grade
5 point average of less than 0.5 above the cumulative grade
6 point average required for graduation shall be notified that
7 the student is at risk of not meeting the requirements for
8 graduation. The notice shall contain an explanation of the
9 policies the district school board has in place to assist the
10 student in meeting the grade point average requirement.
11 3. Special assistance to obtain a high school
12 equivalency diploma pursuant to s. 1003.435 may be given only
13 when the student has completed all requirements for graduation
14 except the attainment of the required cumulative grade point
15 average.
16
17 The standards required in this subsection, and any subsequent
18 modifications, shall be reprinted in the Florida
19 Administrative Code even though not defined as "rules."
20 (6) The Legislature recognizes that adult learners are
21 unique in situation and needs. The following graduation
22 requirements are therefore instituted for students enrolled in
23 adult general education in accordance with s. 1004.93 in
24 pursuit of a high school diploma:
25 (a) The one credit in physical education required for
26 graduation, pursuant to subsection (1), is not required for
27 graduation and shall be substituted with elective credit
28 keeping the total credits needed for graduation consistent
29 with subsection (1).
30 (b) Each district school board may waive the
31 laboratory component of the science requirement expressed in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subsection (1) when such facilities are inaccessible or do not
2 exist.
3 (c) Any course listed within the Department of
4 Education Course Code Directory in the areas of art, dance,
5 drama, or music may be undertaken by adult secondary education
6 students. Enrollment and satisfactory completion of such a
7 course shall satisfy the credit in performing fine arts
8 required for high school graduation pursuant to subsection
9 (1).
10 (7) No student may be granted credit toward high
11 school graduation for enrollment in the following courses or
12 programs:
13 (a) More than a total of nine elective credits in
14 remedial programs.
15 (b) More than one credit in exploratory career
16 education courses as defined in s. 1003.01(4)(a).
17 (c) More than three credits in practical arts family
18 and consumer sciences classes as defined in s. 1003.01(4)(a).
19 (d) Any Level I course unless the student's assessment
20 indicates that a more rigorous course of study would be
21 inappropriate, in which case a written assessment of the need
22 must be included in the student's individual educational plan
23 or in a student performance plan, signed by the principal, the
24 guidance counselor, and the parent of the student, or the
25 student if the student is 18 years of age or older.
26 (8) The State Board of Education, after a public
27 hearing and consideration, shall make provision for
28 appropriate modification of testing instruments and procedures
29 for students with identified handicaps or disabilities in
30 order to ensure that the results of the testing represent the
31 student's achievement, rather than reflecting the student's
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 impaired sensory, manual, speaking, or psychological process
2 skills.
3 (9) A student who meets all requirements prescribed in
4 subsections (1), (4), and (5) shall be awarded a standard
5 diploma in a form prescribed by the State Board of Education.
6 A district school board may attach the Florida gold seal
7 career and technical endorsement to a standard diploma or,
8 instead of the standard diploma, award differentiated diplomas
9 to those exceeding the prescribed minimums. A student who
10 completes the minimum number of credits and other requirements
11 prescribed by subsections (1) and (4), but who is unable to
12 meet the standards of paragraph (5)(a), paragraph (5)(b), or
13 paragraph (5)(c), shall be awarded a certificate of completion
14 in a form prescribed by the State Board of Education. However,
15 any student who is otherwise entitled to a certificate of
16 completion may elect to remain in the secondary school either
17 as a full-time student or a part-time student for up to 1
18 additional year and receive special instruction designed to
19 remedy his or her identified deficiencies.
20 (10) The public hearing and consideration required in
21 subsection (8) shall not be construed to amend or nullify the
22 requirements of security relating to the contents of
23 examinations or assessment instruments and related materials
24 or data as prescribed in s. 1008.23.
25 (11) The Commissioner of Education may award a
26 standard high school diploma to honorably discharged veterans
27 who started high school between 1937 and 1946 and were
28 scheduled to graduate between 1941 and 1950 but were inducted
29 into the United States Armed Forces between September 16,
30 1940, and December 31, 1946, prior to completing the necessary
31 high school graduation requirements. Upon the recommendation
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the commissioner, the State Board of Education may develop
2 criteria and guidelines for awarding such diplomas.
3 Section 133. Section 1003.435, Florida Statutes, is
4 created to read:
5 1003.435 High school equivalency diploma program.--
6 (1) The State Board of Education shall adopt rules
7 that prescribe performance standards and provide for
8 comprehensive examinations to be administered to candidates
9 for high school equivalency diplomas. Such rules shall
10 include, but are not limited to, provisions for fees,
11 frequency of examinations, and procedures for retaking an
12 examination upon unsatisfactory performance.
13 (2) The department may award high school equivalency
14 diplomas to candidates who meet the performance standards
15 prescribed by the State Board of Education.
16 (3) Each district school board shall offer and
17 administer the high school equivalency diploma examinations
18 and the subject area examinations to all candidates pursuant
19 to rules of the State Board of Education.
20 (4) A candidate for a high school equivalency diploma
21 shall be at least 18 years of age on the date of the
22 examination, except that in extraordinary circumstances, as
23 provided for in rules of the district school board of the
24 district in which the candidate resides or attends school, a
25 candidate may take the examination after reaching the age of
26 16.
27 (5) Each district school board shall develop, in
28 cooperation with the area community college board of trustees,
29 a plan for the provision of advanced instruction for those
30 students who attain satisfactory performance on the high
31 school equivalency examination or the subject area
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 examinations or who demonstrate through other means a
2 readiness to engage in postsecondary-level academic work. The
3 plan shall include provisions for the equitable distribution
4 of generated funds to cover personnel, maintenance, and other
5 costs of offering the advanced instruction. Priority shall be
6 given to programs of advanced instruction offered in high
7 school facilities.
8 (6)(a) All high school equivalency diplomas issued
9 under the provisions of this section shall have equal status
10 with other high school diplomas for all state purposes,
11 including admission to any state university or community
12 college.
13 (b) The State Board of Education shall adopt rules
14 providing for the award of a standard high school diploma to
15 holders of high school equivalency diplomas who are assessed
16 as meeting designated criteria, and the commissioner shall
17 establish procedures for administering the assessment.
18 Section 134. Section 1003.436, Florida Statutes, is
19 created to read:
20 1003.436 Definition of "credit".--
21 (1)(a) For the purposes of requirements for high
22 school graduation, one full credit means a minimum of 135
23 hours of bona fide instruction in a designated course of study
24 that contains student performance standards. The State Board
25 of Education shall determine the number of postsecondary
26 credit hours earned through dual enrollment pursuant to s.
27 1007.271 that satisfy the requirements of a district's
28 interinstitutional articulation agreement according to s.
29 1007.235 and that equal one full credit of the equivalent high
30 school course identified pursuant to s. 1007.271(6).
31 (b) The hourly requirements for one-half credit are
356
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 one-half the requirements specified in paragraph (a).
2 (2) In awarding credit for high school graduation,
3 each district school board shall maintain a one-half credit
4 earned system that shall include courses provided on a
5 full-year basis. A student enrolled in a full-year course
6 shall receive one-half credit if the student successfully
7 completes either the first half or the second half of a
8 full-year course but fails to successfully complete the other
9 half of the course and the averaging of the grades obtained in
10 each half would not result in a passing grade. A student
11 enrolled in a full-year course shall receive a full credit if
12 the student successfully completes either the first half or
13 the second half of a full-year course but fails to
14 successfully complete the other half of the course and the
15 averaging of the grades obtained in each half would result in
16 a passing grade, provided that such additional requirements
17 specified in district school board policies, such as class
18 attendance, homework, participation, and other indicators of
19 performance, shall be successfully completed by the student.
20 Section 135. Section 1003.437, Florida Statutes, is
21 created to read:
22 1003.437 High school grading system.--The grading
23 system and interpretation of letter grades used in public high
24 schools shall be as follows:
25 (1) Grade "A" equals 90 percent through 100 percent,
26 has a grade point average value of 4, and is defined as
27 "outstanding progress."
28 (2) Grade "B" equals 80 percent through 89 percent,
29 has a grade point average value of 3, and is defined as "above
30 average progress."
31 (3) Grade "C" equals 70 percent through 79 percent,
357
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 has a grade point average value of 2, and is defined as
2 "average progress."
3 (4) Grade "D" equals 60 percent through 69 percent,
4 has a grade point average value of 1, and is defined as
5 "lowest acceptable progress."
6 (5) Grade "F" equals zero percent through 59 percent,
7 has a grade point average value of zero, and is defined as
8 "failure."
9 (6) Grade "I" equals zero percent, has a grade point
10 average value of zero, and is defined as "incomplete."
11
12 For the purposes of class ranking, district school boards may
13 exercise a weighted grading system.
14 Section 136. Section 1003.438, Florida Statutes, is
15 created to read:
16 1003.438 Special high school graduation requirements
17 for certain exceptional students.--A student who has been
18 properly classified, in accordance with rules established by
19 the State board of Education, as "educable mentally
20 handicapped," "trainable mentally handicapped," "hearing
21 impaired," "specific learning disabled," "physically or
22 language impaired," or "emotionally handicapped" shall not be
23 required to meet all requirements of s. 1003.43 and shall,
24 upon meeting all applicable requirements prescribed by the
25 district school board pursuant to s. 1008.25, be awarded a
26 special diploma in a form prescribed by the commissioner;
27 however, such special graduation requirements prescribed by
28 the district school board must include minimum graduation
29 requirements as prescribed by the commissioner. Any such
30 student who meets all special requirements of the district
31 school board for exceptionality, but is unable to meet the
358
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 appropriate special state minimum requirements, shall be
2 awarded a special certificate of completion in a form
3 prescribed by the commissioner. A student who has been
4 properly classified as "profoundly handicapped" and who meets
5 the special requirements of the district school board for a
6 special diploma in accordance with requirements for any
7 exceptional student identified in this section shall be
8 awarded a special diploma; however, such a student shall
9 alternatively be eligible for a special certificate of
10 completion, in a form prescribed by the commissioner, if all
11 school requirements for students who are "profoundly
12 handicapped" have been met. However, this section does not
13 limit or restrict the right of an exceptional student solely
14 to a special diploma or special certificate of completion.
15 Any such student shall, upon proper request, be afforded the
16 opportunity to fully meet all requirements of s. 1003.43
17 through the standard procedures established therein and
18 thereby to qualify for a standard diploma upon graduation.
19 Section 137. Section 1003.44, Florida Statutes, is
20 created to read:
21 1003.44 Patriotic programs; rules.--
22 (1) Each district school board may adopt rules to
23 require, in all of the schools of the district, programs of a
24 patriotic nature to encourage greater respect for the
25 government of the United States and its national anthem and
26 flag, subject always to other existing pertinent laws of the
27 United States or of the state. When the national anthem is
28 played, students and all civilians shall stand at attention,
29 men removing the headdress, except when such headdress is worn
30 for religious purposes. The pledge of allegiance to the flag,
31 "I pledge allegiance to the flag of the United States of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 America and to the republic for which it stands, one nation
2 under God, indivisible, with liberty and justice for all,"
3 shall be rendered by students standing with the right hand
4 over the heart. The pledge of allegiance to the flag shall be
5 recited at the beginning of the day in each public elementary,
6 middle, and high school in the state. Each student shall be
7 informed by posting a notice in a conspicuous place that the
8 student has the right not to participate in reciting the
9 pledge. Upon written request by his or her parent, the student
10 must be excused from reciting the pledge. When the pledge is
11 given, civilians must show full respect to the flag by
12 standing at attention, men removing the headdress, except when
13 such headdress is worn for religious purposes, as provided by
14 Pub. L. ch. 77-435, s. 7, approved June 22, 1942, 56 Stat.
15 377, as amended by Pub. L. ch. 77-806, 56 Stat. 1074, approved
16 December 22, 1942.
17 (2) Each district school board may allow any teacher
18 or administrator to read, or to post in a public school
19 building or classroom or at any school-related event, any
20 excerpt or portion of the following historic material: the
21 national motto; the national anthem; the pledge of allegiance;
22 the Constitution of the State of Florida, including the
23 Preamble; the Constitution of the United States, including the
24 Preamble; the Bill of Rights; the Declaration of Independence;
25 the Mayflower Compact; the Emancipation Proclamation; the
26 writings, speeches, documents, and proclamations of the
27 presidents of the United States, the signers of the
28 Constitution of the United States and the Declaration of
29 Independence, and civil rights leaders; and decisions of the
30 United States Supreme Court. However, any material that is
31 read, posted, or taught pursuant to this provision may be
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 presented only from a historical perspective and in a
2 nonproselytizing manner. When less than an entire document is
3 used, the excerpt or portion must include as much material as
4 is reasonably necessary to reflect the sentiment of the entire
5 document and avoid expressing statements out of the context in
6 which they were originally made. If the material refers to
7 laws or judicial decisions that have been superseded, the
8 material must be accompanied by a statement indicating that
9 such law or decision is no longer the law of the land. No
10 material shall be selected to advance a particular religious,
11 political, or sectarian purpose. The department shall
12 distribute a copy of this section to each district school
13 board, whereupon each district school superintendent shall
14 distribute a copy to all teachers and administrators.
15 Section 138. Section 1003.45, Florida Statutes, is
16 created to read:
17 1003.45 Permitting study of the Bible and religion;
18 permitting brief meditation period.--
19 (1) The district school board may install in the
20 public schools in the district a secular program of education
21 including, but not limited to, an objective study of the Bible
22 and of religion.
23 (2) The district school board may provide that a brief
24 period, not to exceed 2 minutes, for the purpose of silent
25 prayer or meditation be set aside at the start of each school
26 day or each school week in the public schools in the district.
27 Section 139. Section 1003.46, Florida Statutes, is
28 created to read:
29 1003.46 Health education; instruction in acquired
30 immune deficiency syndrome.--
31 (1) Each district school board may provide instruction
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in acquired immune deficiency syndrome education as a specific
2 area of health education. Such instruction may include, but
3 is not limited to, the known modes of transmission, signs and
4 symptoms, risk factors associated with acquired immune
5 deficiency syndrome, and means used to control the spread of
6 acquired immune deficiency syndrome. The instruction shall be
7 appropriate for the grade and age of the student and shall
8 reflect current theory, knowledge, and practice regarding
9 acquired immune deficiency syndrome and its prevention.
10 (2) Throughout instruction in acquired immune
11 deficiency syndrome, sexually transmitted diseases, or health
12 education, when such instruction and course material contains
13 instruction in human sexuality, a school shall:
14 (a) Teach abstinence from sexual activity outside of
15 marriage as the expected standard for all school-age students
16 while teaching the benefits of monogamous heterosexual
17 marriage.
18 (b) Emphasize that abstinence from sexual activity is
19 a certain way to avoid out-of-wedlock pregnancy, sexually
20 transmitted diseases, including acquired immune deficiency
21 syndrome, and other associated health problems.
22 (c) Teach that each student has the power to control
23 personal behavior and encourage students to base actions on
24 reasoning, self-esteem, and respect for others.
25 (d) Provide instruction and material that is
26 appropriate for the grade and age of the student.
27 Section 140. Section 1003.47, Florida Statutes, is
28 created to read:
29 1003.47 Biological experiments on living subjects.--
30 (1) It is the intent of the Legislature with respect
31 to biological experiments involving living subjects by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 students in grades K through 12 that:
2 (a) No surgery or dissection shall be performed on any
3 living mammalian vertebrate or bird. Dissection may be
4 performed on nonliving mammals or birds secured from a
5 recognized source of such specimens and under supervision of
6 qualified instructors. Students may be excused upon written
7 request of a parent.
8 (b) Lower orders of life and invertebrates may be used
9 in such experiments.
10 (c) Nonmammalian vertebrates, excluding birds, may be
11 used in biological experiments, provided that physiological
12 harm does not result from such experiments. Anatomical
13 studies shall only be conducted on models that are
14 anatomically correct for the animal being studied or on
15 nonliving nonmammalian vertebrates secured and from a
16 recognized source of such specimens and under the supervision
17 of qualified instructors. Students may be excused from such
18 experiments upon written request of the parent.
19 (d) Observational studies of animals in the wild or in
20 zoological parks, gardens, or aquaria, or of pets, fish,
21 domestic animals, or livestock may be conducted.
22 (e) Studies of vertebrate animal cells, such as red
23 blood cells or other tissue cells, plasma or serum, or
24 anatomical specimens, such as organs, tissues, or skeletons,
25 purchased or acquired from biological supply houses or
26 research facilities or from wholesale or retail establishments
27 that supply carcasses or parts of food animals may be
28 conducted.
29 (f) Normal physiological and behavioral studies of the
30 human animal may be conducted, provided that such projects are
31 carefully selected so that neither physiological or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 psychological harm to the subject can result from such
2 studies.
3 (g) All experiments shall be carried out under the
4 supervision of a competent science teacher who shall be
5 responsible for ensuring that the student has the necessary
6 comprehension for the study to be undertaken. Whenever
7 feasible, specifically qualified experts in the field should
8 be consulted.
9 (h) Live animals on the premises of public and private
10 elementary, middle, and high schools shall be housed and cared
11 for in a humane and safe manner. Animals shall not remain on
12 the premises of any school during periods when such school is
13 not in session, unless adequate care is provided for such
14 animals.
15 (2) The provisions of this section shall not be
16 construed to prohibit or constrain conventional instruction in
17 the normal practices of animal husbandry or exhibition of any
18 livestock in connection with any agricultural program or
19 instruction of advanced students participating in advanced
20 research, scientific studies, or projects.
21 (3) If any instructional employee of a public high
22 school or area technical center knowingly or intentionally
23 fails or refuses to comply with any of the provisions of this
24 section, the district school board may suspend, dismiss,
25 return to annual contract, or otherwise discipline such
26 employee as provided in s. 1012.22(1)(f) in accordance with
27 procedures established in chapter 1012. If any instructional
28 employee of any private school knowingly or intentionally
29 fails or refuses to comply with the provisions of this
30 section, the governing authority of the private school may
31 suspend, dismiss, or otherwise discipline such employee in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 accordance with its standard personnel procedures.
2 Section 141. Section 1003.48, Florida Statutes, is
3 created to read:
4 1003.48 Instruction in operation of motor vehicles.--
5 (1) A course of study and instruction in the safe and
6 lawful operation of a motor vehicle shall be made available by
7 each district school board to students in the secondary
8 schools in the state. As used in this section, the term
9 "motor vehicle" shall have the same meaning as in s.
10 320.01(1)(a) and shall include motorcycles and mopeds.
11 Instruction in motorcycle or moped operation may be limited to
12 classroom instruction. The course shall not be made a part
13 of, or a substitute for, any of the minimum requirements for
14 graduation.
15 (2) In order to make such a course available to any
16 secondary school student, the district school board may use
17 any one of the following procedures or any combination
18 thereof:
19 (a) Utilize instructional personnel employed by the
20 district school board.
21 (b) Contract with a commercial driving school licensed
22 under the provisions of chapter 488.
23 (c) Contract with an instructor certified under the
24 provisions of chapter 488.
25 (3)(a) District school boards shall earn funds on
26 full-time equivalent students at the appropriate basic program
27 cost factor, regardless of the method by which such courses
28 are offered.
29 (b) For the purpose of financing the Driver Education
30 Program in the secondary schools, there shall be levied an
31 additional 50 cents per year to the driver's license fee
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 required by s. 322.21. The additional fee shall be promptly
2 remitted to the Department of Highway Safety and Motor
3 Vehicles, which shall transmit the fee to the Treasurer to be
4 deposited in the General Revenue Fund.
5 (4) The district school board shall prescribe
6 standards for the course required by this section and for
7 instructional personnel directly employed by the district
8 school board. Any certified instructor or licensed commercial
9 driving school shall be deemed sufficiently qualified and
10 shall not be required to meet any standards in lieu of or in
11 addition to those prescribed under chapter 488.
12 Section 142. Section 1003.49, Florida Statutes, is
13 created to read:
14 1003.49 Graduation and promotion requirements for
15 publicly operated schools.--
16 (1) Each state or local public agency, including the
17 Department of Children and Family Services, the Department of
18 Corrections, the boards of trustees of universities and
19 community colleges, and the Board of Trustees of the Florida
20 School for the Deaf and the Blind, which agency is authorized
21 to operate educational programs for students at any level of
22 grades kindergarten through 12 shall be subject to all
23 applicable requirements of ss. 1003.43, 1008.23, and 1008.25.
24 Within the content of these cited statutes each such state or
25 local public agency or entity shall be considered a "district
26 school board."
27 (2) The Commissioner of Education shall establish
28 procedures to extend the state-administered assessment program
29 to school programs operated by such state or local public
30 agencies or entities in the same manner and to the same extent
31 as such program is administered in each district school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 system.
2 Section 143. Section 1003.491, Florida Statutes, is
3 created to read:
4 1003.491 Career and technical education.--
5 (1) School board, superintendent, and school
6 accountability for career and technical education within
7 elementary and secondary schools includes, but is not limited
8 to:
9 (a) Student exposure to a variety of careers and
10 provision of instruction to explore specific careers in
11 greater depth.
12 (b) Student awareness of available career and
13 technical programs and the corresponding occupations into
14 which such programs lead.
15 (c) Student development of individual career plans.
16 (d) Integration of academic and career and technical
17 skills in the secondary curriculum.
18 (e) Student preparation to enter the workforce and
19 enroll in postsecondary education without being required to
20 complete college-preparatory or career and
21 technical-preparatory instruction.
22 (f) Student retention in school through high school
23 graduation.
24 (g) Career and technical curriculum articulation with
25 corresponding postsecondary programs in the local area
26 technical center or community college, or both.
27 (2) No school board or public school shall require a
28 student to participate in any school-to-work or job training
29 program. A district school board or school shall not require a
30 student to meet occupational standards for grade level
31 promotion or graduation unless the student is voluntarily
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 enrolled in a job training program.
2 Section 144. Part V of chapter 1003, Florida Statutes,
3 shall be entitled "Specialized Instruction For Certain Public
4 K-12 Students" and shall consist of ss. 1003.51-1003.58.
5 Section 145. Section 1003.51, Florida Statutes, is
6 created to read:
7 1003.51 Other public educational services.--
8 (1) The general control of other public educational
9 services shall be vested in the State Board of Education
10 except as provided herein. The State Board of Education
11 shall, at the request of the Department of Children and Family
12 Services and the Department of Juvenile Justice, advise as to
13 standards and requirements relating to education to be met in
14 all state schools or institutions under their control which
15 provide educational programs. The Department of Education
16 shall provide supervisory services for the educational
17 programs of all such schools or institutions. The direct
18 control of any of these services provided as part of the
19 district program of education shall rest with the district
20 school board. These services shall be supported out of state,
21 district, federal, or other lawful funds, depending on the
22 requirements of the services being supported.
23 (2) The State Board of Education shall adopt and
24 maintain an administrative rule articulating expectations for
25 effective education programs for youth in Department of
26 Juvenile Justice programs, including, but not limited to,
27 education programs in juvenile justice commitment and
28 detention facilities. The rule shall articulate policies and
29 standards for education programs for youth in Department of
30 Juvenile Justice programs and shall include the following:
31 (a) The interagency collaborative process needed to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 ensure effective programs with measurable results.
2 (b) The responsibilities of the Department of
3 Education, the Department of Juvenile Justice, district school
4 boards, and providers of education services to youth in
5 Department of Juvenile Justice programs.
6 (c) Academic expectations.
7 (d) Service delivery options available to district
8 school boards, including direct service and contracting.
9 (e) Assessment procedures, which:
10 1. Include appropriate academic and career and
11 technical assessments administered at program entry and exit
12 that are selected by the Department of Education in
13 partnership with representatives from the Department of
14 Juvenile Justice, district school boards, and providers.
15 2. Require district school boards to be responsible
16 for ensuring the completion of the assessment process.
17 3. Require assessments for students in detention who
18 will move on to commitment facilities, to be designed to
19 create the foundation for developing the student's education
20 program in the assigned commitment facility.
21 4. Require assessments of students sent directly to
22 commitment facilities to be completed within the first week of
23 the student's commitment.
24
25 The results of these assessments, together with a portfolio
26 depicting the student's academic and career and technical
27 accomplishments, shall be included in the discharge package
28 assembled for each youth.
29 (f) Recommended instructional programs, including, but
30 not limited to, career and technical training and job
31 preparation.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (g) Funding requirements, which shall include the
2 requirement that at least 80 percent of the FEFP funds
3 generated by students in Department of Juvenile Justice
4 programs be spent on instructional costs for those students.
5 One hundred percent of the formula-based categorical funds
6 generated by students in Department of Juvenile Justice
7 programs must be spent on appropriate categoricals such as
8 instructional materials and public school technology for those
9 students.
10 (h) Qualifications of instructional staff, procedures
11 for the selection of instructional staff, and procedures to
12 ensure consistent instruction and qualified staff year round.
13 (i) Transition services, including the roles and
14 responsibilities of appropriate personnel in school districts,
15 provider organizations, and the Department of Juvenile
16 Justice.
17 (j) Procedures and timeframe for transfer of education
18 records when a youth enters and leaves a facility.
19 (k) The requirement that each district school board
20 maintain an academic transcript for each student enrolled in a
21 juvenile justice facility that delineates each course
22 completed by the student as provided by the State Course Code
23 Directory.
24 (l) The requirement that each district school board
25 make available and transmit a copy of a student's transcript
26 in the discharge packet when the student exits a facility.
27 (m) Contract requirements.
28 (n) Performance expectations for providers and
29 district school boards, including the provision of an academic
30 improvement plan as required in s. 1008.25.
31 (o) The role and responsibility of the district school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 board in securing workforce development funds.
2 (p) A series of graduated sanctions for district
3 school boards whose educational programs in Department of
4 Juvenile Justice facilities are considered to be
5 unsatisfactory and for instances in which district school
6 boards fail to meet standards prescribed by law, rule, or
7 State Board of Education policy. These sanctions shall include
8 the option of requiring a district school board to contract
9 with a provider or another district school board if the
10 educational program at the Department of Juvenile Justice
11 facility has failed a quality assurance review and, after 6
12 months, is still performing below minimum standards.
13 (q) Other aspects of program operations.
14 (3) The Department of Education in partnership with
15 the Department of Juvenile Justice, the district school
16 boards, and providers shall:
17 (a) Maintain model contracts for the delivery of
18 appropriate education services to youth in Department of
19 Juvenile Justice programs to be used for the development of
20 future contracts. The model contracts shall reflect the policy
21 and standards included in subsection (2). The Department of
22 Education shall ensure that appropriate district school board
23 personnel are trained and held accountable for the management
24 and monitoring of contracts for education programs for youth
25 in juvenile justice residential and nonresidential facilities.
26 (b) Maintain model procedures for transitioning youth
27 into and out of Department of Juvenile Justice programs. These
28 procedures shall reflect the policy and standards adopted
29 pursuant to subsection (2).
30 (c) Maintain standardized required content of
31 education records to be included as part of a youth's
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 commitment record. These requirements shall reflect the policy
2 and standards adopted pursuant to subsection (2) and shall
3 include, but not be limited to, the following:
4 1. A copy of the student's individual educational
5 plan.
6 2. Assessment data, including grade level proficiency
7 in reading, writing, and mathematics, and performance on tests
8 taken according to s. 1008.22.
9 3. A copy of the student's permanent cumulative
10 record.
11 4. A copy of the student's academic transcript.
12 5. A portfolio reflecting the youth's academic
13 accomplishments while in the Department of Juvenile Justice
14 program.
15 (d) Maintain model procedures for securing the
16 education record and the roles and responsibilities of the
17 juvenile probation officer and others involved in the
18 withdrawal of the student from school and assignment to a
19 commitment or detention facility. District school boards shall
20 respond to requests for student education records received
21 from another district school board or a juvenile justice
22 facility within 5 working days after receiving the request.
23 (4) The Department of Education shall ensure that
24 district school boards notify students in juvenile justice
25 residential or nonresidential facilities who attain the age of
26 16 years of the provisions of law regarding compulsory school
27 attendance and make available the option of enrolling in a
28 program to attain a Florida high school diploma by taking the
29 general educational development test prior to release from the
30 facility. District school boards or community colleges, or
31 both, shall waive GED testing fees for youth in Department of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Juvenile Justice residential programs and shall, upon request,
2 designate schools operating for the purpose of providing
3 educational services to youth in Department of Juvenile
4 Justice programs as GED testing centers, subject to GED
5 testing center requirements. The administrative fees for the
6 general education development test required by the Department
7 of Education are the responsibility of district school boards
8 and may be required of providers by contractual agreement.
9 (5) The Department of Education shall establish and
10 operate, either directly or indirectly through a contract, a
11 mechanism to provide quality assurance reviews of all juvenile
12 justice education programs and shall provide technical
13 assistance and related research to district school boards and
14 providers on how to establish, develop, and operate
15 educational programs that exceed the minimum quality assurance
16 standards.
17 Section 146. Section 1003.52, Florida Statutes, is
18 created to read:
19 1003.52 Educational services in Department of Juvenile
20 Justice programs.--
21 (1) The Legislature finds that education is the single
22 most important factor in the rehabilitation of adjudicated
23 delinquent youth in the custody of the Department of Juvenile
24 Justice in detention or commitment facilities. It is the goal
25 of the Legislature that youth in the juvenile justice system
26 continue to be allowed the opportunity to obtain a high
27 quality education. The Department of Education shall serve as
28 the lead agency for juvenile justice education programs,
29 curriculum, support services, and resources. To this end, the
30 Department of Education and the Department of Juvenile Justice
31 shall each designate a Coordinator for Juvenile Justice
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education Programs to serve as the point of contact for
2 resolving issues not addressed by district school boards and
3 to provide each department's participation in the following
4 activities:
5 (a) Training, collaborating, and coordinating with the
6 Department of Juvenile Justice, district school boards,
7 educational contract providers, and juvenile justice
8 providers, whether state operated or contracted.
9 (b) Collecting information on the academic performance
10 of students in juvenile justice commitment and detention
11 programs and reporting on the results.
12 (c) Developing academic and career and technical
13 protocols that provide guidance to district school boards and
14 providers in all aspects of education programming, including
15 records transfer and transition.
16 (d) Prescribing the roles of program personnel and
17 interdepartmental district school board or provider
18 collaboration strategies.
19
20 Annually, a cooperative agreement and plan for juvenile
21 justice education service enhancement shall be developed
22 between the Department of Juvenile Justice and the Department
23 of Education and submitted to the Secretary of Juvenile
24 Justice and the Commissioner of Education by June 30.
25 (2) Students participating in a detention, commitment,
26 or rehabilitation program pursuant to chapter 985 which is
27 sponsored by a community-based agency or is operated or
28 contracted for by the Department of Juvenile Justice shall
29 receive educational programs according to rules of the State
30 Board of Education. These students shall be eligible for
31 services afforded to students enrolled in programs pursuant to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 s. 1003.53 and all corresponding State Board of Education
2 rules.
3 (3) The district school board of the county in which
4 the residential or nonresidential care facility or juvenile
5 assessment facility is located shall provide appropriate
6 educational assessments and an appropriate program of
7 instruction and special education services. The district
8 school board shall make provisions for each student to
9 participate in basic, career and technical education, and
10 exceptional student programs as appropriate. Students served
11 in Department of Juvenile Justice programs shall have access
12 to the appropriate courses and instruction to prepare them for
13 the GED test. Students participating in GED preparation
14 programs shall be funded at the basic program cost factor for
15 Department of Juvenile Justice programs in the Florida
16 Education Finance Program. Each program shall be conducted
17 according to applicable law providing for the operation of
18 public schools and rules of the State Board of Education.
19 (4) Educational services shall be provided at times of
20 the day most appropriate for the juvenile justice program.
21 School programming in juvenile justice detention, commitment,
22 and rehabilitation programs shall be made available by the
23 local school district during the juvenile justice school year,
24 as defined in s. 1003.01(12).
25 (5) The educational program shall consist of
26 appropriate basic academic, career and technical, or
27 exceptional curricula and related services which support the
28 treatment goals and reentry and which may lead to completion
29 of the requirements for receipt of a high school diploma or
30 its equivalent. If the duration of a program is less than 40
31 days, the educational component may be limited to tutorial
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 activities and career and technical employability skills.
2 (6) Participation in the program by students of
3 compulsory school-attendance age as provided for in s. 1003.21
4 shall be mandatory. All students of noncompulsory
5 school-attendance age who have not received a high school
6 diploma or its equivalent shall participate in the educational
7 program, unless the student files a formal declaration of his
8 or her intent to terminate school enrollment as described in
9 s. 1003.21 and is afforded the opportunity to take the general
10 educational development test and attain a Florida high school
11 diploma prior to release from a facility. A youth who has
12 received a high school diploma or its equivalent and is not
13 employed shall participate in workforce development or other
14 career or technical education or community college or
15 university courses while in the program, subject to available
16 funding.
17 (7) An academic improvement plan shall be developed
18 for students who score below the level specified in district
19 school board policy in reading, writing, and mathematics or
20 below the level specified by the Commissioner of Education on
21 statewide assessments as required by s. 1008.25. These plans
22 shall address academic, literacy, and life skills and shall
23 include provisions for intensive remedial instruction in the
24 areas of weakness.
25 (8) Each district school board shall maintain an
26 academic record for each student enrolled in a juvenile
27 justice facility as prescribed by s. 1003.51. Such record
28 shall delineate each course completed by the student according
29 to procedures in the State Course Code Directory. The district
30 school board shall include a copy of a student's academic
31 record in the discharge packet when the student exits the
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Amendment No. ___ (for drafter's use only)
1 facility.
2 (9) The Department of Education shall ensure that all
3 district school boards make provisions for high school level
4 committed youth to earn credits toward high school graduation
5 while in residential and nonresidential juvenile justice
6 facilities. Provisions must be made for the transfer of
7 credits and partial credits earned.
8 (10) The district school board shall recruit and train
9 teachers who are interested, qualified, or experienced in
10 educating students in juvenile justice programs. Students in
11 juvenile justice programs shall be provided a wide range of
12 educational programs and opportunities including textbooks,
13 technology, instructional support, and other resources
14 available to students in public schools. Teachers assigned to
15 educational programs in juvenile justice settings in which the
16 district school board operates the educational program shall
17 be selected by the district school board in consultation with
18 the director of the juvenile justice facility. Educational
19 programs in juvenile justice facilities shall have access to
20 the substitute teacher pool utilized by the district school
21 board. Full-time teachers working in juvenile justice schools,
22 whether employed by a district school board or a provider,
23 shall be eligible for the critical teacher shortage tuition
24 reimbursement program as defined by s. 1009.58.
25 (11) District school boards may contract with a
26 private provider for the provision of educational programs to
27 youths placed with the Department of Juvenile Justice and
28 shall generate local, state, and federal funding, including
29 funding through the Florida Education Finance Program for such
30 students. The district school board's planning and budgeting
31 process shall include the needs of Department of Juvenile
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Amendment No. ___ (for drafter's use only)
1 Justice programs in the district school board's plan for
2 expenditures for state categorical and federal funds.
3 (12) The district school board shall fund the
4 educational program in a Department of Juvenile Justice
5 facility at the same or higher level of funding for equivalent
6 students in the district school system based on the funds
7 generated by state funding through the Florida Education
8 Finance Program for such students. It is the intent of the
9 Legislature that the school district maximize its available
10 local, state, and federal funding to a juvenile justice
11 program.
12 (a) Juvenile justice educational programs shall be
13 funded in the appropriate FEFP program based on the
14 educational services needed by the student for Department of
15 Juvenile Justice programs in accordance with s. 1011.62.
16 (b) Juvenile justice educational programs to receive
17 the appropriate FEFP funding for Department of Juvenile
18 Justice programs shall include those operated through a
19 contract with the Department of Juvenile Justice and which are
20 under purview of the Department of Juvenile Justice quality
21 assurance standards for education.
22 (c) Consistent with the rules of the State Board of
23 Education, district school boards are required to request an
24 alternative FTE survey for Department of Juvenile Justice
25 programs experiencing fluctuations in student enrollment.
26 (d) FTE count periods shall be prescribed in rules of
27 the State Board of Education and shall be the same for
28 programs of the Department of Juvenile Justice as for other
29 public school programs. The summer school period for students
30 in Department of Juvenile Justice programs shall begin on the
31 day immediately following the end of the regular school year
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Amendment No. ___ (for drafter's use only)
1 and end on the day immediately preceding the subsequent
2 regular school year. Students shall be funded for no more than
3 25 hours per week of direct instruction.
4 (13) Each district school board shall negotiate a
5 cooperative agreement with the Department of Juvenile Justice
6 on the delivery of educational services to youths under the
7 jurisdiction of the Department of Juvenile Justice. Such
8 agreement must include, but is not limited to:
9 (a) Roles and responsibilities of each agency,
10 including the roles and responsibilities of contract
11 providers.
12 (b) Administrative issues including procedures for
13 sharing information.
14 (c) Allocation of resources including maximization of
15 local, state, and federal funding.
16 (d) Procedures for educational evaluation for
17 educational exceptionalities and special needs.
18 (e) Curriculum and delivery of instruction.
19 (f) Classroom management procedures and attendance
20 policies.
21 (g) Procedures for provision of qualified
22 instructional personnel, whether supplied by the district
23 school board or provided under contract by the provider, and
24 for performance of duties while in a juvenile justice setting.
25 (h) Provisions for improving skills in teaching and
26 working with juvenile delinquents.
27 (i) Transition plans for students moving into and out
28 of juvenile facilities.
29 (j) Procedures and timelines for the timely
30 documentation of credits earned and transfer of student
31 records.
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1 (k) Methods and procedures for dispute resolution.
2 (l) Provisions for ensuring the safety of education
3 personnel and support for the agreed-upon education program.
4 (m) Strategies for correcting any deficiencies found
5 through the quality assurance process.
6 (14) Nothing in this section or in a cooperative
7 agreement shall be construed to require the district school
8 board to provide more services than can be supported by the
9 funds generated by students in the juvenile justice programs.
10 (15)(a) The Department of Education in consultation
11 with the Department of Juvenile Justice, district school
12 boards, and providers shall establish objective and measurable
13 quality assurance standards for the educational component of
14 residential and nonresidential juvenile justice facilities.
15 These standards shall rate the district school board's
16 performance both as a provider and contractor. The quality
17 assurance rating for the educational component shall be
18 disaggregated from the overall quality assurance score and
19 reported separately.
20 (b) The Department of Education shall develop a
21 comprehensive quality assurance review process and schedule
22 for the evaluation of the educational component in juvenile
23 justice programs. The Department of Juvenile Justice quality
24 assurance site visit and the education quality assurance site
25 visit shall be conducted during the same visit.
26 (c) The Department of Education, in consultation with
27 district school boards and providers, shall establish minimum
28 thresholds for the standards and key indicators for
29 educational programs in juvenile justice facilities. If a
30 district school board fails to meet the established minimum
31 standards, it will be given 6 months to achieve compliance
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 with the standards. If after 6 months, the district school
2 board's performance is still below minimum standards, the
3 Department of Education shall exercise sanctions as prescribed
4 by rules adopted by the State Board of Education. If a
5 provider, under contract with the district school board, fails
6 to meet minimum standards, such failure shall cause the
7 district school board to cancel the provider's contract unless
8 the provider achieves compliance within 6 months or unless
9 there are documented extenuating circumstances.
10 (16) The district school board shall not be charged
11 any rent, maintenance, utilities, or overhead on such
12 facilities. Maintenance, repairs, and remodeling of existing
13 facilities shall be provided by the Department of Juvenile
14 Justice.
15 (17) When additional facilities are required, the
16 district school board and the Department of Juvenile Justice
17 shall agree on the appropriate site based on the instructional
18 needs of the students. When the most appropriate site for
19 instruction is on district school board property, a special
20 capital outlay request shall be made by the commissioner in
21 accordance with s. 1013.60. When the most appropriate site is
22 on state property, state capital outlay funds shall be
23 requested by the Department of Juvenile Justice provided by s.
24 216.043 and shall be submitted as specified by s. 216.023.
25 Any instructional facility to be built on state property shall
26 have educational specifications jointly developed by the
27 district school board and the Department of Juvenile Justice
28 and approved by the Department of Education. The size of
29 space and occupant design capacity criteria as provided by
30 State Board of Education rules shall be used for remodeling or
31 new construction whether facilities are provided on state
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 property or district school board property.
2 (18) The parent of an exceptional student shall have
3 the due process rights provided for in chapter 1003.
4 (19) Department of Juvenile Justice detention and
5 commitment programs may be designated as second chance schools
6 pursuant to s. 1003.53(1)(d). Admission to such programs shall
7 be governed by chapter 985.
8 (20) The Department of Education and the Department of
9 Juvenile Justice, after consultation with and assistance from
10 local providers and district school boards, shall report
11 annually to the Legislature by February 1 on the progress
12 towards developing effective educational programs for juvenile
13 delinquents, including the amount of funding provided by
14 district school boards to juvenile justice programs, the
15 amount retained for administration including documenting the
16 purposes for such expenses, the status of the development of
17 cooperative agreements, the results of the quality assurance
18 reviews including recommendations for system improvement, and
19 information on the identification of, and services provided
20 to, exceptional students in juvenile justice commitment
21 facilities to determine whether these students are properly
22 reported for funding and are appropriately served.
23 (21) The educational programs at the Arthur Dozier
24 School for Boys in Jackson County and the Florida School for
25 Boys in Okeechobee shall be operated by the Department of
26 Education, either directly or through grants or contractual
27 agreements with other public or duly accredited education
28 agencies approved by the Department of Education.
29 (22) The State Board of Education may adopt any rules
30 necessary to implement the provisions of this section,
31 including uniform curriculum, funding, and second chance
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 schools. Such rules shall require the minimum amount of
2 paperwork and reporting.
3 (23) The Department of Juvenile Justice and the
4 Department of Education shall, in consultation with the
5 statewide Workforce Development Youth Council, district school
6 boards, providers, and others, jointly develop a multiagency
7 plan for career and technical education which describes the
8 curriculum, goals, and outcome measures for career and
9 technical education programming in juvenile commitment
10 facilities, pursuant to s. 985.3155.
11 Section 147. Section 1003.53, Florida Statutes, is
12 created to read:
13 1003.53 Dropout prevention and academic
14 intervention.--
15 (1)(a) Dropout prevention and academic intervention
16 programs may differ from traditional educational programs and
17 schools in scheduling, administrative structure, philosophy,
18 curriculum, or setting and shall employ alternative teaching
19 methodologies, curricula, learning activities, and diagnostic
20 and assessment procedures in order to meet the needs,
21 interests, abilities, and talents of eligible students. The
22 educational program shall provide curricula, character
23 development and law education, and related services that
24 support the program goals and lead to improved performance in
25 the areas of academic achievement, attendance, and discipline.
26 Student participation in such programs shall be voluntary.
27 District school boards may, however, assign students to a
28 program for disruptive students. Notwithstanding any other
29 provision of law to the contrary, no student shall be
30 identified as being eligible to receive services funded
31 through the dropout prevention and academic intervention
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 program based solely on the student being from a single-parent
2 family.
3 (b) Students in grades 1-12 shall be eligible for
4 dropout prevention and academic intervention programs.
5 Eligible students shall be reported in the appropriate basic
6 cost factor in the Florida Education Finance Program. The
7 strategies and supports provided to eligible students shall be
8 funded through the General Appropriations Act and may include,
9 but are not limited to, those services identified on the
10 student's academic intervention plan.
11 (c) A student shall be identified as being eligible to
12 receive services funded through the dropout prevention and
13 academic intervention program based upon one of the following
14 criteria:
15 1. The student is academically unsuccessful as
16 evidenced by low test scores, retention, failing grades, low
17 grade point average, falling behind in earning credits, or not
18 meeting the state or district proficiency levels in reading,
19 mathematics, or writing.
20 2. The student has a pattern of excessive absenteeism
21 or has been identified as a habitual truant.
22 3. The student has a history of disruptive behavior in
23 school or has committed an offense that warrants out-of-school
24 suspension or expulsion from school according to the district
25 school board's code of student conduct. For the purposes of
26 this program, "disruptive behavior" is behavior that:
27 a. Interferes with the student's own learning or the
28 educational process of others and requires attention and
29 assistance beyond that which the traditional program can
30 provide or results in frequent conflicts of a disruptive
31 nature while the student is under the jurisdiction of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school either in or out of the classroom; or
2 b. Severely threatens the general welfare of students
3 or others with whom the student comes into contact.
4 (d)1. "Second chance schools" means district school
5 board programs provided through cooperative agreements between
6 the Department of Juvenile Justice, private providers, state
7 or local law enforcement agencies, or other state agencies for
8 students who have been disruptive or violent or who have
9 committed serious offenses. As partnership programs, second
10 chance schools are eligible for waivers by State Board of
11 Education rules from statutory requirements that prevent the
12 provision of appropriate educational services to violent,
13 severely disruptive, or delinquent students in small
14 nontraditional settings or in court-adjudicated settings.
15 2. District school boards seeking to enter into a
16 partnership with a private entity or public entity to operate
17 a second chance school for disruptive students may apply to
18 the Department of Education for startup grants. These grants
19 must be available for 1 year and must be used to offset the
20 startup costs for implementing such programs off public school
21 campuses. General operating funds must be generated through
22 the appropriate programs of the Florida Education Finance
23 Program. Grants approved under this program shall be for the
24 full operation of the school by a private nonprofit or
25 for-profit provider or the public entity. This program must
26 operate under rules adopted by the State Board of Education
27 and be implemented to the extent funded by the Legislature.
28 3. A student enrolled in a sixth, seventh, eighth,
29 ninth, or tenth grade class may be assigned to a second chance
30 school if the student meets the following criteria:
31 a. The student is a habitual truant as defined in s.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1003.01.
2 b. The student's excessive absences have detrimentally
3 affected the student's academic progress and the student may
4 have unique needs that a traditional school setting may not
5 meet.
6 c. The student's high incidences of truancy have been
7 directly linked to a lack of motivation.
8 d. The student has been identified as at risk of
9 dropping out of school.
10 4. A student who is habitually truant may be assigned
11 to a second chance school only if the case staffing committee,
12 established pursuant to s. 984.12, determines that such
13 placement could be beneficial to the student and the criteria
14 included in subparagraph 3. are met.
15 5. A student may be assigned to a second chance school
16 if the district school board in which the student resides has
17 a second chance school and if the student meets one of the
18 following criteria:
19 a. The student habitually exhibits disruptive behavior
20 in violation of the code of student conduct adopted by the
21 district school board.
22 b. The student interferes with the student's own
23 learning or the educational process of others and requires
24 attention and assistance beyond that which the traditional
25 program can provide, or, while the student is under the
26 jurisdiction of the school either in or out of the classroom,
27 frequent conflicts of a disruptive nature occur.
28 c. The student has committed a serious offense which
29 warrants suspension or expulsion from school according to the
30 district school board's code of student conduct. For the
31 purposes of this program, "serious offense" is behavior which:
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HOUSE AMENDMENT
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1 (I) Threatens the general welfare of students or
2 others with whom the student comes into contact;
3 (II) Includes violence;
4 (III) Includes possession of weapons or drugs; or
5 (IV) Is harassment or verbal abuse of school personnel
6 or other students.
7 6. Prior to assignment of students to second chance
8 schools, district school boards are encouraged to use
9 alternative programs, such as in-school suspension, which
10 provide instruction and counseling leading to improved student
11 behavior, a reduction in the incidence of truancy, and the
12 development of more effective interpersonal skills.
13 7. Students assigned to second chance schools must be
14 evaluated by the district school board's child study team
15 before placement in a second chance school. The study team
16 shall ensure that students are not eligible for placement in a
17 program for emotionally disturbed children.
18 8. Students who exhibit academic and social progress
19 and who wish to return to a traditional school shall complete
20 a character development and law education program and
21 demonstrate preparedness to reenter the regular school setting
22 prior to reentering a traditional school.
23 (2)(a) Each district school board may establish
24 dropout prevention and academic intervention programs at the
25 elementary, middle, junior high school, or high school level.
26 Programs designed to eliminate patterns of excessive
27 absenteeism or habitual truancy shall emphasize academic
28 performance and may provide specific instruction in the areas
29 of career education, preemployment training, and behavioral
30 management. Such programs shall utilize instructional teaching
31 methods appropriate to the specific needs of the student.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Each school that establishes a dropout prevention
2 and academic intervention program at that school site shall
3 reflect that program in the school improvement plan as
4 required under s. 1001.42(16).
5 (3) Each district school board receiving state funding
6 for dropout prevention and academic intervention programs
7 through the General Appropriations Act shall submit
8 information through an annual report to the Department of
9 Education's database documenting the extent to which each of
10 the district's dropout prevention and academic intervention
11 programs has been successful in the areas of graduation rate,
12 dropout rate, attendance rate, and retention/promotion rate.
13 The department shall compile this information into an annual
14 report which shall be submitted to the presiding officers of
15 the Legislature by February 15.
16 (4) Each district school board shall establish
17 procedures for ensuring that teachers assigned to dropout
18 prevention and academic intervention programs possess the
19 affective, pedagogical, and content-related skills necessary
20 to meet the needs of these students.
21 (5) Each district school board providing a dropout
22 prevention and academic intervention program pursuant to this
23 section shall maintain for each participating student records
24 documenting the student's eligibility, the length of
25 participation, the type of program to which the student was
26 assigned or the type of academic intervention services
27 provided, and an evaluation of the student's academic and
28 behavioral performance while in the program. The school
29 principal or his or her designee shall, prior to placement in
30 a dropout prevention and academic intervention program or the
31 provision of an academic service, provide written notice of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 placement or services by certified mail, return receipt
2 requested, to the student's parent. The parent of the student
3 shall sign an acknowledgment of the notice of placement or
4 service and return the signed acknowledgment to the principal
5 within 3 days after receipt of the notice. The parents of a
6 student assigned to such a dropout prevention and academic
7 intervention program shall be notified in writing and entitled
8 to an administrative review of any action by school personnel
9 relating to such placement pursuant to the provisions of
10 chapter 120.
11 (6) District school board dropout prevention and
12 academic intervention programs shall be coordinated with
13 social service, law enforcement, prosecutorial, and juvenile
14 justice agencies and juvenile assessment centers in the school
15 district. Notwithstanding the provisions of s. 1002.22, these
16 agencies are authorized to exchange information contained in
17 student records and juvenile justice records. Such information
18 is confidential and exempt from the provisions of s.
19 119.07(1). District school boards and other agencies receiving
20 such information shall use the information only for official
21 purposes connected with the certification of students for
22 admission to and for the administration of the dropout
23 prevention and academic intervention program, and shall
24 maintain the confidentiality of such information unless
25 otherwise provided by law or rule.
26 (7) The State Board of Education shall have the
27 authority pursuant to ss. 120.536(1) and 120.54 to adopt rules
28 necessary to implement the provisions of this section; such
29 rules shall require the minimum amount of necessary paperwork
30 and reporting.
31 Section 148. Section 1003.54, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1003.54 Teenage parent programs.--
3 (1) Each district school board shall maintain a
4 teenage parent program.
5 (2) "Teenage parent programs" means educational
6 programs designed to provide a specialized curriculum to meet
7 the needs of students who are pregnant or students who are
8 mothers or fathers and the children of the students.
9 (3)(a) The program shall provide pregnant students or
10 students who are parents and the children of these students
11 with a comprehensive teenage parent program. The program shall
12 provide pregnant students or students who are parents with the
13 option of participating in regular classroom activities or
14 enrolling in a special program designed to meet their needs
15 pursuant to s. 1003.21. Students participating in teenage
16 parent programs shall be exempt from minimum attendance
17 requirements for absences related to pregnancy or parenting,
18 but shall be required to make up work missed due to absence.
19 (b) The curriculum shall include instruction in such
20 topics as prenatal and postnatal health care, parenting
21 skills, benefits of sexual abstinence, and consequences of
22 subsequent pregnancies. Parenting skills should include
23 instruction in the stages of child growth and development,
24 methods for aiding in the intellectual, language, physical,
25 and social development of children, and guidance on
26 constructive play activities.
27 (c) Provision for necessary child care, health care,
28 social services, parent education, and transportation shall be
29 ancillary service components of teenage parent programs.
30 Ancillary services may be provided through the coordination of
31 existing programs and services and through joint agreements
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 between district school boards and local school readiness
2 coalitions or other appropriate public and private providers.
3 (d) The district school board shall make adequate
4 provisions for pregnant and parenting teenagers to complete
5 the coursework necessary to earn a high school diploma.
6 (e) Children enrolled in child care provided by the
7 district shall be funded at the special program cost factor
8 pursuant to s. 1011.62 if the parent or parents are enrolled
9 full time in a public school in the district.
10 (4) Districts may modify courses listed in the State
11 Course Code Directory for the purpose of providing teenage
12 parent programs pursuant to the provisions of this section.
13 Such modifications must be approved by the commissioner and
14 may include lengthening or shortening of the school time
15 allotted for in-class study, alternate methods of assessment
16 of student performance, and the integration of curriculum
17 frameworks or student performance standards to produce
18 interdisciplinary units of instruction.
19 (5) The State Board of Education shall adopt rules
20 necessary to implement the provisions of this section.
21 Section 149. Section 1003.55, Florida Statutes, is
22 created to read:
23 1003.55 Instructional programs for blind or visually
24 impaired students and deaf or hard-of-hearing students.--
25 (1) The Department of Education may establish a
26 coordinating unit and instructional materials center for
27 visually impaired students and deaf or hard-of-hearing
28 students to provide staff and resources for the coordination,
29 cataloging, standardizing, producing, procuring, storing, and
30 distributing of braille, large print, tangible apparatus,
31 captioned films and video tapes, and other specialized
391
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 educational materials needed by these students and other
2 exceptional students. The coordinating unit shall have as its
3 major purpose the improvement of instructional programs for
4 visually impaired students and deaf or hard-of-hearing
5 students and may, as a second priority, extend appropriate
6 services to other exceptional students, consistent with
7 provisions and criteria established, to the extent that
8 resources are available.
9 (2) The unit shall be operated under rules adopted by
10 the State Board of Education.
11 (3) As used in this section, the term:
12 (a) "Blind student" means a student who is eligible
13 for special education services and who:
14 1. Has a visual acuity of 20/200 or less in the better
15 eye with correcting lenses or has a limited field of vision
16 such that the widest diameter subtends an angular distance of
17 no greater than 20 degrees; or
18 2. Has a medically indicated expectation of visual
19 deterioration.
20 (b) "Braille" means the system of reading and writing
21 through touch commonly known as standard English braille.
22 (c) "Individualized education program" means a written
23 statement developed for a student eligible for special
24 education services pursuant to s. 602(a)(20), Part A of the
25 Individuals with Disabilities Education Act, 20 U.S.C. s.
26 1401(a).
27 (4) In developing an individualized written education
28 program for each blind student, the presumption shall be that
29 blind students can communicate effectively and efficiently
30 with the same level of proficiency expected of the students'
31 peers of comparable ability and grade level. Accordingly,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 proficiency in reading and writing braille shall be considered
2 during the individualized planning and assessment processes in
3 this context.
4 (5) Any publisher of a textbook adopted pursuant to
5 the state instructional materials adoption process shall
6 furnish the Department of Education with a computer file in an
7 electronic format specified by the department at least 2 years
8 in advance that is readily translatable to braille and can be
9 used for large print or speech access. Any textbook
10 reproduced pursuant to the provisions of this subsection shall
11 be purchased at a price equal to the price paid for the
12 textbook as adopted. The Department of Education shall not
13 reproduce textbooks obtained pursuant to this subsection in
14 any manner that would generate revenues for the department
15 from the use of such computer files or that would preclude the
16 rightful payment of fees to the publisher for use of all or
17 some portion of the textbook.
18 Section 150. Section 1003.56, Florida Statutes, is
19 created to read:
20 1003.56 English language instruction for limited
21 English proficient students.--
22 (1) Instruction in the English language shall be
23 provided to limited English proficient students. Such
24 instruction shall be designed to develop the student's mastery
25 of the four language skills, including listening, speaking,
26 reading, and writing, as rapidly as possible.
27 (2)(a) "Limited English proficient" or "limited
28 English proficiency," when used with reference to an
29 individual, means:
30 1.a. An individual who was not born in the United
31 States and whose native language is a language other than
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 English;
2 b. An individual who comes from a home environment
3 where a language other than English is spoken in the home; or
4 c. An individual who is an American Indian or Alaskan
5 native and who comes from an environment where a language
6 other than English has had a significant impact on his or her
7 level of English language proficiency; and
8 2. Who, by reason thereof, has sufficient difficulty
9 speaking, reading, writing, or listening to the English
10 language to deny such individual the opportunity to learn
11 successfully in classrooms where the language of instruction
12 is English.
13 (b) "Home language" or "native language," when used
14 with reference to an individual of limited English
15 proficiency, means the language normally used by such
16 individual or, in the case of a student, the language normally
17 used by the parents of the student.
18 (c) "ESOL" means English for Speakers of Other
19 Languages and:
20 1. When modifying instruction, the strategy used to
21 teach limited English proficient students; or
22 2. When modifying program, the program funded in the
23 Florida Education Finance Program, listed under English for
24 Speakers of Other Languages in s. 1011.62.
25 (3) Each district school board shall implement the
26 following procedures:
27 (a) Develop and submit a plan for providing English
28 language instruction for limited English proficient students
29 to the Department of Education for review and approval.
30 (b) Identify limited English proficient students
31 through assessment.
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1 (c) Provide for student exit from and reclassification
2 into the program.
3 (d) Provide limited English proficient students ESOL
4 instruction in English and ESOL instruction or home language
5 instruction in the basic subject areas of reading,
6 mathematics, science, social studies, and computer literacy.
7 (e) Maintain a student plan.
8 (f) Provide qualified teachers.
9 (g) Provide equal access to other programs for
10 eligible limited English proficient students based on need.
11 (h) Provide for parental involvement in the program.
12 (4) Each district school board's program for limited
13 English proficient students shall be evaluated and monitored
14 periodically.
15 (5) The State Board of Education shall adopt rules for
16 the purpose of implementing this section.
17 Section 151. Section 1003.57, Florida Statutes, is
18 created to read:
19 1003.57 Exceptional students instruction.--Each
20 district school board shall provide for an appropriate program
21 of special instruction, facilities, and services for
22 exceptional students as prescribed by the State Board of
23 Education as acceptable, including provisions that:
24 (1) The district school board provide the necessary
25 professional services for diagnosis and evaluation of
26 exceptional students.
27 (2) The district school board provide the special
28 instruction, classes, and services, either within the district
29 school system, in cooperation with other district school
30 systems, or through contractual arrangements with approved
31 private schools or community facilities that meet standards
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1 established by the commissioner.
2 (3) The district school board annually provide
3 information describing the Florida School for the Deaf and the
4 Blind and all other programs and methods of instruction
5 available to the parent of a sensory-impaired student.
6 (4) The district school board, once every 3 years,
7 submit to the department its proposed procedures for the
8 provision of special instruction and services for exceptional
9 students.
10 (5) No student be given special instruction or
11 services as an exceptional student until after he or she has
12 been properly evaluated, classified, and placed in the manner
13 prescribed by rules of the State Board of Education. The
14 parent of an exceptional student evaluated and placed or
15 denied placement in a program of special education shall be
16 notified of each such evaluation and placement or denial. Such
17 notice shall contain a statement informing the parent that he
18 or she is entitled to a due process hearing on the
19 identification, evaluation, and placement, or lack thereof.
20 Such hearings shall be exempt from the provisions of ss.
21 120.569, 120.57, and 286.011, except to the extent that the
22 State Board of Education adopts rules establishing other
23 procedures and any records created as a result of such
24 hearings shall be confidential and exempt from the provisions
25 of s. 119.07(1). The hearing must be conducted by an
26 administrative law judge from the Division of Administrative
27 Hearings of the Department of Management Services. The
28 decision of the administrative law judge shall be final,
29 except that any party aggrieved by the finding and decision
30 rendered by the administrative law judge shall have the right
31 to bring a civil action in the circuit court. In such an
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Amendment No. ___ (for drafter's use only)
1 action, the court shall receive the records of the
2 administrative hearing and shall hear additional evidence at
3 the request of either party. In the alternative, any party
4 aggrieved by the finding and decision rendered by the
5 administrative law judge shall have the right to request an
6 impartial review of the administrative law judge's order by
7 the district court of appeal as provided by s. 120.68.
8 Notwithstanding any law to the contrary, during the pendency
9 of any proceeding conducted pursuant to this section, unless
10 the district school board and the parents otherwise agree, the
11 student shall remain in his or her then-current educational
12 assignment or, if applying for initial admission to a public
13 school, shall be assigned, with the consent of the parents, in
14 the public school program until all such proceedings have been
15 completed.
16 (6) In providing for the education of exceptional
17 students, the district school superintendent, principals, and
18 teachers shall utilize the regular school facilities and adapt
19 them to the needs of exceptional students to the maximum
20 extent appropriate. Segregation of exceptional students shall
21 occur only if the nature or severity of the exceptionality is
22 such that education in regular classes with the use of
23 supplementary aids and services cannot be achieved
24 satisfactorily.
25 Section 152. Section 1003.58, Florida Statutes, is
26 created to read:
27 1003.58 Students in residential care facilities.--Each
28 district school board shall provide educational programs
29 according to rules of the State Board of Education to students
30 who reside in residential care facilities operated by the
31 Department of Children and Family Services.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) The district school board shall not be charged any
2 rent, maintenance, utilities, or overhead on such facilities.
3 Maintenance, repairs, and remodeling of existing facilities
4 shall be provided by the Department of Children and Family
5 Services.
6 (2) If additional facilities are required, the
7 district school board and the Department of Children and
8 Family Services shall agree on the appropriate site based on
9 the instructional needs of the students. When the most
10 appropriate site for instruction is on district school board
11 property, a special capital outlay request shall be made by
12 the commissioner in accordance with s. 1013.60. When the most
13 appropriate site is on state property, state capital outlay
14 funds shall be requested by the Department of Children and
15 Family Services as provided by s. 216.043 and shall be
16 submitted as specified by s. 216.023. Any instructional
17 facility to be built on state property shall have educational
18 specifications jointly developed by the school district and
19 the Department of Children and Family Services and approved by
20 the Department of Education. The size of space and occupant
21 design capacity criteria as provided by state board rules
22 shall be used for remodeling or new construction whether
23 facilities are provided on state property or district school
24 board property. The planning of such additional facilities
25 shall incorporate current Department of Children and Family
26 Services deinstitutionalization plans.
27 (3) The district school board shall have full and
28 complete authority in the matter of the assignment and
29 placement of such students in educational programs. The parent
30 of an exceptional student shall have the same due process
31 rights as are provided under s. 1003.57(5).
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1 (4) The district school board shall have a written
2 agreement with the Department of Children and Family Services
3 outlining the respective duties and responsibilities of each
4 party.
5
6 Notwithstanding the provisions herein, the educational program
7 at the Marianna Sunland Center in Jackson County shall be
8 operated by the Department of Education, either directly or
9 through grants or contractual agreements with other public or
10 duly accredited educational agencies approved by the
11 Department of Education.
12 Section 153. Part VI of chapter 1003, Florida
13 Statutes, shall be entitled "Pilot Public K-12 Education
14 Programs" and shall consist of ss. 1003.61-1003.63.
15 Section 154. Section 1003.61, Florida Statutes, is
16 created to read:
17 1003.61 Pilot attendance project.--It is the purpose
18 of this section to require the Manatee County District School
19 Board to implement a pilot project that raises the compulsory
20 age of attendance for children from the age of 16 years to the
21 age of 18 years. The pilot project applies to each child who
22 has not attained the age of 16 years by September 30 of the
23 school year in which a school board policy is adopted.
24 (1) Beginning July 1, 1999, the Manatee County
25 District School Board shall implement a pilot project
26 consistent with policy adopted by the school board to raise
27 the compulsory age of attendance for children from the age of
28 16 years to the age of 18 years.
29 (2) The district school board must, before the
30 beginning of the school year, adopt a policy for raising the
31 compulsory age of attendance for children from the age of 16
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 years to 18 years.
2 (a) Before the adoption of the policy, the district
3 school board must provide a notice of intent to adopt a policy
4 to raise the compulsory age of attendance for children from
5 the age of 16 years to the age of 18 years. The notice must be
6 provided to the parent of each child who is 15 years of age
7 and who is enrolled in a school in the district.
8 (b) Within 2 weeks after adoption of the school board
9 policy, the district school board must provide notice of the
10 policy to the parent of each child who is 15 years of age and
11 who is enrolled in a school in the district. The notice must
12 also provide information related to the penalties for refusing
13 or failing to comply with the compulsory attendance
14 requirements and information on alternative education programs
15 offered within the school district.
16 (3) All state laws and State Board of Education rules
17 related to students subject to compulsory school attendance
18 apply to the district school board. Notwithstanding the
19 provisions of s. 1003.21, the formal declaration of intent to
20 terminate school enrollment does not apply to the district
21 school board.
22 (4) The district school board must evaluate the effect
23 of its adopted policy raising the compulsory age of attendance
24 on school attendance and on the school district's dropout
25 rate, as well as on the costs associated with the pilot
26 project. The school district shall report its findings to the
27 President of the Senate, the Speaker of the House of
28 Representatives, the minority leader of each house of the
29 Legislature, the Governor, and the Commissioner of Education
30 not later than August 1 following each year that the pilot
31 project is in operation.
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 Section 155. Section 1003.62, Florida Statutes, is
2 created to read:
3 1003.62 Charter school districts pilot program.--The
4 State Board of Education is authorized to enter into a
5 performance contract with up to six district school boards for
6 the purpose of establishing them as charter school districts.
7 The State Board of Education shall give priority to
8 Hillsborough and Volusia Counties upon the submission of a
9 completed precharter agreement or charter proposal for a
10 charter school district. The purpose of this pilot program is
11 to examine a new relationship between the State Board of
12 Education and district school boards that may produce
13 significant improvements in student achievement and school
14 management, while complying with constitutional requirements
15 assigned to each entity.
16 (1) CHARTER DISTRICT.--A charter school district is a
17 school district in Florida in which the district school board
18 has submitted and the State Board of Education has approved a
19 charter proposal that exchanges statutory and rule exemption
20 for agreement to meet performance goals in the proposal. The
21 charter school district shall be chartered for 3 years, at the
22 end of which the performance shall be evaluated.
23 (2) EXEMPTION FROM STATUTES AND RULES.--Charter school
24 districts shall be exempt from state statutes and specified
25 State Board of Education rules. The district school board of a
26 charter school district shall not be exempt from any statute
27 governing election of district school board members, public
28 meetings and public records requirements, financial
29 disclosure, conflicts of interest, operation in the sunshine,
30 or any provisions outside the Florida K-20 Education Code.
31 (3) GOVERNING BOARD.--The governing board of the
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1 charter school district shall be the duly elected district
2 school board. The district school board shall be responsible
3 for supervising the schools in the charter district and is
4 authorized to charter each of its existing public schools
5 pursuant to s. 1002.33, apply for deregulation of its public
6 schools pursuant to s. 1003.63, or otherwise establish
7 performance-based contractual relationships with its public
8 schools for the purpose of giving them greater autonomy with
9 accountability for performance.
10 (4) PRECHARTER AGREEMENT.--The State Board of
11 Education is authorized to approve a precharter agreement with
12 a potential charter district. The agreement may grant limited
13 flexibility and direction for developing the full charter
14 proposal.
15 (5) TIME PERIOD FOR PILOT.--The pilot program shall be
16 authorized for a period of 3 full school years commencing with
17 award of a charter. The charter may be renewed upon action of
18 the State Board of Education.
19 (6) REPORTS.--The State Board of Education shall
20 annually report on the implementation of the charter school
21 district pilot program. Upon the completion of the first
22 3-year term, the State Board of Education, through the
23 Commissioner of Education, shall submit to the Legislature a
24 full evaluation of the effectiveness of the program.
25 (7) RULEMAKING.--The State Board of Education shall
26 have the authority to enact rules to implement this section in
27 accordance with ss. 120.536 and 120.54.
28 Section 156. Section 1003.63, Florida Statutes, is
29 created to read:
30 1003.63 Deregulated public schools pilot program.--
31 (1) PILOT PROGRAM.--To provide public schools the same
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Amendment No. ___ (for drafter's use only)
1 flexibility and accountability afforded charter schools, pilot
2 programs for deregulated public schools shall be conducted.
3 The following districts are authorized to conduct pilot
4 programs in 1998-1999: Palm Beach, Pinellas, Seminole, Leon,
5 Walton, and Citrus Counties. The schools and district school
6 boards which are participating in the pilot program as of
7 January 1, 1999, are authorized to continue the pilot program
8 through the 2003-2004 school year. Lee County is authorized to
9 conduct the pilot program beginning in the 1999-2000 school
10 year through the 2003-2004 school year.
11 (2) PURPOSE.--The purpose of the pilot program for
12 deregulated public schools shall be to:
13 (a) Improve student learning.
14 (b) Increase learning opportunities for all students,
15 with special emphasis on expanded learning experiences for
16 students who are identified as academically low achieving.
17 (c) Encourage the use of different and innovative
18 learning methods.
19 (d) Increase choice of learning opportunities for
20 students.
21 (e) Establish a new form of accountability for
22 schools.
23 (f) Require the measurement of learning outcomes and
24 create innovative measurement tools.
25 (g) Make the school the unit for improvement.
26 (h) Relieve schools of paperwork and procedures that
27 are required by the state and the district school board for
28 purposes other than health, safety, equal opportunity, fiscal
29 accountability and documentation of student achievement.
30 (3) PROPOSAL.--
31 (a) A proposal to be a deregulated school must be
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1 developed by the school principal and the school advisory
2 council. A majority of the members of the school advisory
3 council must approve the proposal, and the principal and the
4 school advisory council chair must sign the proposal. At least
5 50 percent of the teachers employed at the school must approve
6 the proposal. The school must conduct a survey to show
7 parental support for the proposal.
8 (b) A district school board shall receive and review
9 all proposals for a deregulated public school. A district
10 school board must by a majority vote approve or deny a
11 proposal no later than 30 days after the proposal is received.
12 If a proposal is denied, the district school board must,
13 within 10 calendar days, articulate in writing the specific
14 reasons based upon good cause supporting its denial of the
15 proposal.
16 (c) The Department of Education may provide technical
17 assistance to an applicant upon written request.
18 (d) The terms and conditions for the operation of a
19 deregulated public school shall be set forth in the proposal.
20 The district school board shall not impose unreasonable rules
21 or regulations that violate the intent of giving schools
22 greater flexibility to meet educational goals.
23 (4) ELIGIBLE STUDENTS.--
24 (a) A deregulated school shall be open to all students
25 residing in the school's attendance boundaries as determined
26 by the district school board.
27 (b) The deregulated public school shall have maximum
28 flexibility to enroll students under the district school board
29 open enrollment plan.
30 (5) REQUIREMENTS.--Like other public schools, a
31 deregulated public school shall:
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Amendment No. ___ (for drafter's use only)
1 (a) Be nonsectarian in its programs, admission
2 policies, employment practices, and operations.
3 (b) Not charge tuition or fees, except those fees
4 normally charged by other public schools.
5 (c) Meet all applicable state and local health,
6 safety, and civil rights requirements.
7 (d) Not violate the antidiscrimination provisions of
8 s. 1000.05.
9 (e) Be subject to an annual financial audit in a
10 manner similar to that of other public schools in the
11 district.
12 (6) ELEMENTS OF THE PROPOSAL.--The major issues
13 involving the operation of a deregulated public school shall
14 be considered in advance and written into the proposal.
15 (a) The proposal shall address, and criteria for
16 approval of the proposal shall be based on:
17 1. The school's mission and the students to be served.
18 2. The focus of the curriculum, the instructional
19 methods to be used, and any distinctive instructional
20 techniques to be employed.
21 3. The current baseline standard of achievement and
22 the outcomes to be achieved and the method of measurement that
23 will be used.
24 4. The methods used to identify the educational
25 strengths and needs of students and how well educational goals
26 and performance standards are met by students attending the
27 school. Students in deregulated public schools shall, at a
28 minimum, participate in the statewide assessment program.
29 5. In secondary schools, a method for determining that
30 a student has satisfied the requirements for graduation in s.
31 1003.43.
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1 6. A method for resolving conflicts between the school
2 and the district.
3 7. The admissions procedures and dismissal procedures,
4 including the school's code of student conduct.
5 8. The ways by which the school's racial/ethnic
6 balance reflects the community it serves or reflects the
7 racial/ethnic range of other public schools in the same school
8 district.
9 9. The financial and administrative management of the
10 school including a statement of the areas in which the school
11 will have administrative and fiscal autonomy and the areas in
12 which the school will follow district school board fiscal and
13 administrative policies.
14 10. The manner in which the school will be insured,
15 including whether or not the school will be required to have
16 liability insurance, and, if so, the terms and conditions
17 thereof and the amounts of coverage.
18 11. The qualifications to be required of the teachers.
19 (b) The school shall make annual progress reports to
20 the district, which upon verification shall be forwarded to
21 the Commissioner of Education at the same time as other annual
22 school accountability reports. The report shall contain at
23 least the following information:
24 1. The school's progress towards achieving the goals
25 outlined in its proposal.
26 2. The information required in the annual school
27 report pursuant to s. 1008.345.
28 3. Financial records of the school, including revenues
29 and expenditures.
30 4. Salary and benefit levels of school employees.
31 (c) A district school board shall ensure that the
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 proposal is innovative and consistent with the state education
2 goals established by s. 1000.03(5).
3 (d) Upon receipt of the annual report required by
4 paragraph (b), the Department of Education shall provide the
5 State Board of Education, the Commissioner of Education, the
6 President of the Senate, and the Speaker of the House of
7 Representatives with a copy of each report and an analysis and
8 comparison of the overall performance of students, to include
9 all students in deregulated public schools whose scores are
10 counted as part of the statewide assessment tests, versus
11 comparable public school students in the district as
12 determined by FCAT and district assessment tests and, as
13 appropriate, the Florida Writes Assessment Test, and other
14 assessments administered pursuant to s. 1008.22(3).
15 (7) EXEMPTION FROM STATUTES.--
16 (a) A deregulated public school shall operate in
17 accordance with its proposal and shall be exempt from all
18 statutes of the Florida K-20 Education Code, except those
19 pertaining to civil rights and student health, safety, and
20 welfare, or as otherwise required by this section. A
21 deregulated public school shall not be exempt from the
22 following statutes: chapter 119, relating to public records,
23 and s. 286.011, relating to public meetings and records,
24 public inspection, and penalties. The school district, upon
25 request of a deregulated public school, may apply to the State
26 Board of Education for a waiver of provisions of law
27 applicable to deregulated public schools under this section,
28 except that the provisions of chapter 1010 or chapter 1011
29 shall not be eligible for waiver if the waiver would affect
30 funding allocations or create inequity in public school
31 funding. The State Board of Education may grant the waiver if
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 necessary to implement the school program.
2 (b) A deregulated public school may employ or contract
3 with skilled selected noncertified personnel to provide
4 instructional services or to assist instructional staff
5 members as education paraprofessionals in the same manner as
6 defined in chapter 1012. A deregulated public school may not
7 employ an individual to provide instructional services or to
8 serve as an education paraprofessional if the individual's
9 certification or licensure as an educator is suspended or
10 revoked by this or any other state. The qualifications of
11 teachers shall be disclosed to parents.
12 (c) A deregulated public school shall employ or
13 contract with employees who have been fingerprinted as
14 provided in s. 1012.32.
15 (8) REVENUE.--Students enrolled in a deregulated
16 public school shall be funded in a basic program or a special
17 program in the same manner as students enrolled in other
18 public schools in the school district.
19 (9) LENGTH OF SCHOOL YEAR.--A deregulated public
20 school shall provide instruction for at least the number of
21 days required by law for other public schools, and may provide
22 instruction for additional days.
23 (10) FACILITIES.--A deregulated public school shall
24 utilize facilities which comply with the State Uniform
25 Building Code for Public Educational Facilities Construction
26 adopted pursuant to s. 1013.37, or with applicable state
27 minimum building codes pursuant to chapter 553 and state
28 minimum fire protection codes pursuant to s. 633.025, as
29 adopted by the authority in whose jurisdiction the facility is
30 located.
31 Section 157. Chapter 1004, Florida Statutes, shall be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 entitled "Public Postsecondary Education" and shall consist of
2 ss. 1004.01-1004.98.
3 Section 158. Part I of chapter 1004, Florida Statutes,
4 shall be entitled "General Provisions" and shall consist of
5 ss. 1004.01-1004.06.
6 Section 159. Section 1004.01, Florida Statutes, is
7 created to read:
8 1004.01 Statement of purpose and mission.--
9 (1) The Legislature finds it in the public interest to
10 provide a system of postsecondary education which is of the
11 highest possible quality; which enables all students to
12 participate in the search for knowledge and individual
13 development; which stresses undergraduate teaching as its main
14 priority; which offers selected professional, graduate, and
15 research programs with emphasis on state and national needs;
16 which fosters diversity of educational opportunity; which
17 promotes service to the public; which makes effective and
18 efficient use of human and physical resources; which functions
19 cooperatively with other educational institutions and systems;
20 and which promotes internal coordination and the wisest
21 possible use of resources.
22 (2) The mission of the state system of postsecondary
23 education is to develop human resources, to discover and
24 disseminate knowledge, to extend knowledge and its application
25 beyond the boundaries of its campuses, and to develop in
26 students heightened intellectual, cultural, and humane
27 sensitivities; scientific, professional, and technological
28 expertise; and a sense of purpose. Inherent in this broad
29 mission are methods of instruction, research, extended
30 training, and public service designed to educate people and
31 improve the human condition.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 160. Section 1004.02, Florida Statutes, is
2 created to read:
3 1004.02 Definitions.--As used in this chapter:
4 (1) "Adult basic education" means courses of
5 instruction designed to improve the employability of the
6 state's workforce through instruction in mathematics, reading,
7 language, and workforce readiness skills at grade level
8 equivalency 0-8.9.
9 (2) "Adult ESOL" or "adult ESL" means noncredit
10 English literacy courses designed to improve the employability
11 of the state's workforce through acquisition of communication
12 skills and cultural competencies that enhance ability to read,
13 write, speak, and listen in English. ESOL means English for
14 Speakers of Other Languages. ESL means English as a Second
15 Language. The two terms are interchangeable.
16 (3) "Adult general education" means comprehensive
17 instructional programs designed to improve the employability
18 of the state's workforce through adult basic education, adult
19 secondary education, English for Speakers of Other Languages,
20 vocational-preparatory instruction, and instruction for adults
21 with disabilities.
22 (4) "Adult high school credit program" means the award
23 of credits upon completion of courses and passing of state
24 mandated assessments necessary to qualify for a high school
25 diploma. Except as provided elsewhere in law, the graduation
26 standards for adults shall be the same as those for secondary
27 students.
28 (5) "Adult secondary education" means courses through
29 which a person receives high school credit that leads to the
30 award of a high school diploma or courses of instruction
31 through which a student prepares to take the General
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Educational Development test.
2 (6) "Adult student" is a student who is beyond the
3 compulsory school age and who has legally left elementary or
4 secondary school, or a high school student who is taking an
5 adult course required for high school graduation.
6 (7) "Adult with disability" means an individual who
7 has a physical or mental impairment that substantially limits
8 one or more major life activities, has a record of such
9 impairment, or is regarded as having such an impairment, and
10 who requires modifications to the educational program,
11 adaptive equipment, or specialized instructional methods and
12 services in order to participate in workforce development
13 programs that lead to competitive employment.
14 (8) "Applied technology diploma program" means a
15 course of study that is part of a technical degree program, is
16 less than 60 credit hours, and leads to employment in a
17 specific occupation. An applied technology diploma program may
18 consist of either technical credit or college credit. A public
19 school district may offer an applied technology diploma
20 program only as technical credit, with college credit awarded
21 to a student upon articulation to a community college.
22 Statewide articulation among public schools and community
23 colleges is guaranteed by s. 1007.23, and is subject to
24 guidelines and standards adopted by the State Board of
25 Education pursuant to ss. 1007.24 and 1007.25.
26 (9) "Basic literacy," means the demonstration of
27 academic competence from 2.0 through 5.9 educational grade
28 levels as measured by means approved for this purpose by the
29 State Board of Education.
30 (10) "Beginning literacy" means the demonstration of
31 academic competence from 0 through 1.9 educational grade
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1 levels as measured by means approved for this purpose by the
2 State Board of Education.
3 (11) "College-preparatory instruction" means courses
4 through which a high school graduate who applies for any
5 college credit program may attain the communication and
6 computation skills necessary to enroll in college credit
7 instruction.
8 (12) "Community education" means the use of a school
9 or other public facility as a community center operated in
10 conjunction with other public, private, and governmental
11 organizations for the purpose of providing educational,
12 recreational, social, cultural, health, and community services
13 for persons in the community in accordance with the needs,
14 interests, and concerns of that community, including lifelong
15 learning.
16 (13) "Continuing workforce education" means
17 instruction that does not result in a technical certificate,
18 diploma, associate in applied science degree, or associate in
19 science degree. Continuing workforce education is for:
20 (a) Individuals who are required to have training for
21 licensure renewal or certification renewal by a regulatory
22 agency or credentialing body;
23 (b) New or expanding businesses as described in
24 chapter 288;
25 (c) Business, industry, and government agencies whose
26 products or services are changing so that retraining of
27 employees is necessary or whose employees need training in
28 specific skills to increase efficiency and productivity; or
29 (d) Individuals who are enhancing occupational skills
30 necessary to maintain current employment, to cross train, or
31 to upgrade employment.
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1 (14) "Technical degree education program" means a
2 course of study that leads to an associate in applied science
3 degree or an associate in science degree. A technical degree
4 program may contain within it one or more program progression
5 points and may lead to certificates or diplomas within the
6 course of study. The term is interchangeable with the term
7 "degree career education program." For licensure purposes, the
8 term "associate in science degree" is interchangeable with
9 "associate in applied science degree."
10 (15) "Family literacy" means a program for adults with
11 a literacy component for parents and children or other
12 intergenerational literacy components.
13 (16) "Functional literacy," which is also referred to
14 as "intermediate adult basic education," means the
15 demonstration of academic competence from 6.0 through 8.9
16 educational grade levels as measured by means approved for
17 this purpose by the State Board of Education.
18 (17) "General Educational Development (GED) test
19 preparation" means courses of instruction designed to prepare
20 adults for success on GED subject area tests leading to
21 qualification for a State of Florida high school diploma.
22 (18) "Lifelong learning" means a noncredit course or
23 activity offered by a school district or community college
24 that seeks to address community social and economic issues
25 related to health and human relations, government, parenting,
26 consumer economics, and senior citizens.
27 (19) "Local educational agency" means a community
28 college or school district.
29 (20) "Local sponsor" means a district school board,
30 community college board of trustees, public library, other
31 public entity, or private nonprofit entity, or any combination
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1 of these entities, that provides adult literacy instruction.
2 (21) "Technical certificate program" means a course of
3 study that leads to at least one occupational completion
4 point. The program may also confer credit that may articulate
5 with a diploma or technical degree education program, if
6 authorized by rules of the State Board of Education. Any
7 credit instruction designed to articulate to a degree program
8 is subject to guidelines and standards adopted by the
9 Department of Education pursuant to chapter 1007. The term is
10 interchangeable with the term "certificate career and
11 technical education program."
12 (22) "Occupational completion point" means the
13 occupational competencies that qualify a person to enter an
14 occupation that is linked to a career and technical program.
15 (23) "Career and technical education planning region"
16 means the geographic area in which career and technical or
17 adult education is provided. Each career and technical region
18 is contiguous with one of the 28 community college service
19 areas.
20 (24) "Vocational-preparatory instruction" means adult
21 general education through which persons attain academic and
22 workforce readiness skills at the level of functional literacy
23 (grade levels 6.0-8.9) or higher so that such persons may
24 pursue technical certificate education or higher-level
25 technical education.
26 (25) "Career and technical program" means a group of
27 identified competencies leading to occupations identified by a
28 Classification of Instructional Programs number.
29 (26) "Workforce development education" means adult
30 general education or career and technical education and may
31 consist of a continuing workforce education course or a
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1 program of study leading to an occupational completion point,
2 a technical certificate, an applied technology diploma, or a
3 technical degree.
4 (27) "Workforce literacy" means the basic skills
5 necessary to perform in entry-level occupations or the skills
6 necessary to adapt to technological advances in the workplace.
7 Section 161. Section 1004.03, Florida Statutes, is
8 created to read:
9 1004.03 Program approval.--
10 (1) The State Board of Education shall establish
11 criteria for the approval of new programs at state
12 universities, which criteria include, but are not limited to,
13 the following:
14 (a) New programs may not be approved unless the same
15 objectives cannot be met through use of educational
16 technology.
17 (b) Unnecessary duplication of programs offered by
18 public and independent institutions shall be avoided.
19 (c) Cooperative programs, particularly within regions,
20 should be encouraged.
21 (d) New programs shall be approved only if they are
22 consistent with the state master plans adopted by the State
23 Board of Education.
24 (e) A new graduate-level program may be approved if:
25 1. The university has taken into account the offerings
26 of its counterparts, including institutions in other sectors,
27 particularly at the regional level.
28 2. The addition of the program will not alter the
29 emphasis on undergraduate education.
30 3. The regional need and demand for the graduate
31 program was addressed and the community needs are obvious.
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1 (2) The State Board of Education shall establish
2 criteria for the approval of new programs at community
3 colleges, which criteria include, but are not limited to, the
4 following:
5 (a) New programs may not be approved unless the same
6 objectives cannot be met through use of educational
7 technology.
8 (b) Unnecessary duplication of programs offered by
9 independent institutions shall be avoided.
10 (c) Cooperative programs, particularly within regions,
11 should be encouraged.
12 (d) New programs may be approved only if they are
13 consistent with the state master plan adopted by the State
14 Board of Education.
15 Section 162. Section 1004.04, Florida Statutes, is
16 created to read:
17 1004.04 Public accountability and state approval for
18 teacher preparation programs.--
19 (1) INTENT.--The Legislature recognizes that skilled
20 teachers make an important contribution to a system that
21 allows students to obtain a high-quality education. The intent
22 of the Legislature is to establish a system for development
23 and approval of teacher preparation programs that will free
24 postsecondary teacher preparation institutions to employ
25 varied and innovative teacher preparation techniques while
26 being held accountable for producing graduates with the
27 competencies and skills necessary to achieve the state
28 education goals; help the state's diverse student population,
29 including students with limited English proficiency, meet high
30 standards for academic achievement; maintain safe, secure
31 classroom learning environments; and sustain the state system
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1 of school improvement and education accountability established
2 pursuant to ss. 1000.03(5) and 1008.345. The State Board of
3 Education shall adopt rules pursuant to ss. 120.536(1) and
4 120.54 that establish uniform core curricula for each
5 state-approved teacher preparation program.
6 (2) DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A
7 system developed by the Department of Education in
8 collaboration with postsecondary educational institutions
9 shall assist departments and colleges of education in the
10 restructuring of their programs to meet the need for producing
11 quality teachers now and in the future. The system must be
12 designed to assist teacher educators in conceptualizing,
13 developing, implementing, and evaluating programs that meet
14 state-adopted standards. These standards shall emphasize
15 quality indicators drawn from research, professional
16 literature, recognized guidelines, Florida essential teaching
17 competencies and educator-accomplished practices, effective
18 classroom practices, and the outcomes of the state system of
19 school improvement and education accountability, as well as
20 performance measures. Departments and colleges of education
21 shall emphasize the state system of school improvement and
22 education accountability concepts and standards, including
23 Sunshine State Standards. State-approved teacher preparation
24 programs must incorporate appropriate English for Speakers of
25 Other Languages instruction so that program graduates will
26 have completed the requirements for teaching limited English
27 proficient students in Florida public schools.
28 (3) INITIAL STATE PROGRAM APPROVAL.--
29 (a) A program approval process based on standards
30 adopted pursuant to subsection (2) must be established for
31 postsecondary teacher preparation programs, phased in
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1 according to timelines determined by the Department of
2 Education, and fully implemented for all teacher preparation
3 programs in the state. Each program shall be approved by the
4 department, consistent with the intent set forth in subsection
5 (1) and based primarily upon significant, objective, and
6 quantifiable graduate performance measures.
7 (b) Each teacher preparation program approved by the
8 Department of Education, as provided for by this section,
9 shall require students to meet the following as prerequisites
10 for admission into the program:
11 1. Have a grade point average of at least 2.5 on a 4.0
12 scale for the general education component of undergraduate
13 studies or have completed the requirements for a baccalaureate
14 degree with a minimum grade point average of 2.5 on a 4.0
15 scale from any college or university accredited by a regional
16 accrediting association as defined by State Board of Education
17 rule.
18 2. Demonstrate mastery of general knowledge, including
19 the ability to read, write, and compute, by passing the
20 College Level Academic Skills Test, a corresponding component
21 of the National Teachers Examination series, or a similar test
22 pursuant to rules of the State Board of Education.
23
24 Each teacher preparation program may waive these admissions
25 requirements for up to 10 percent of the students admitted.
26 Programs shall implement strategies to ensure that students
27 admitted under a waiver receive assistance to demonstrate
28 competencies to successfully meet requirements for
29 certification.
30 (4) CONTINUED PROGRAM APPROVAL.--Notwithstanding
31 subsection (3), failure by a public or nonpublic teacher
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 preparation program to meet the criteria for continued program
2 approval shall result in loss of program approval. The
3 Department of Education, in collaboration with the departments
4 and colleges of education, shall develop procedures for
5 continued program approval that document the continuous
6 improvement of program processes and graduates' performance.
7 (a) Continued approval of specific teacher preparation
8 programs at each public and nonpublic postsecondary
9 educational institution within the state is contingent upon
10 the passing of the written examination required by s. 1012.56
11 by at least 90 percent of the graduates of the program who
12 take the examination. On request of an institution, the
13 Department of Education shall provide an analysis of the
14 performance of the graduates of such institution with respect
15 to the competencies assessed by the examination required by s.
16 1012.56.
17 (b) Additional criteria for continued program approval
18 for public institutions may be approved by the State Board of
19 Education. Such criteria must emphasize instruction in
20 classroom management and must provide for the evaluation of
21 the teacher candidates' performance in this area. The criteria
22 shall also require instruction in working with underachieving
23 students. Program evaluation procedures must include, but are
24 not limited to, program graduates' satisfaction with
25 instruction and the program's responsiveness to local school
26 districts. Additional criteria for continued program approval
27 for nonpublic institutions shall be developed in the same
28 manner as for public institutions; however, such criteria must
29 be based upon significant, objective, and quantifiable
30 graduate performance measures. Responsibility for collecting
31 data on outcome measures through survey instruments and other
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 appropriate means shall be shared by the postsecondary
2 educational institutions and the Department of Education. By
3 January 1 of each year, the Department of Education shall
4 report this information for each postsecondary educational
5 institution that has state-approved programs of teacher
6 education to the Governor, the State Board of Education, the
7 Commissioner of Education, the President of the Senate, the
8 Speaker of the House of Representatives, all Florida
9 postsecondary teacher preparation programs, and interested
10 members of the public. This report must analyze the data and
11 make recommendations for improving teacher preparation
12 programs in the state.
13 (c) Continued approval for a teacher preparation
14 program is contingent upon the results of annual reviews of
15 the program conducted by the postsecondary educational
16 institution, using procedures and criteria outlined in an
17 institutional program evaluation plan approved by the
18 Department of Education. This plan must incorporate the
19 criteria established in paragraphs (a) and (b) and include
20 provisions for involving primary stakeholders, such as program
21 graduates, district school personnel, classroom teachers,
22 principals, community agencies, and business representatives
23 in the evaluation process. Upon request by an institution, the
24 department shall provide assistance in developing, enhancing,
25 or reviewing the institutional program evaluation plan and
26 training evaluation team members.
27 (d) Continued approval for a teacher preparation
28 program is contingent upon standards being in place that are
29 designed to adequately prepare elementary, middle, and high
30 school teachers to instruct their students in higher-level
31 mathematics concepts and in the use of technology at the
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1 appropriate grade level.
2 (e) Continued approval of teacher preparation programs
3 is contingent upon compliance with the student admission
4 requirements of subsection (3) and upon the receipt of at
5 least a satisfactory rating from public schools and private
6 schools that employ graduates of the program. Employer
7 satisfaction shall be determined by an annually administered
8 survey instrument approved by the Department of Education
9 that, at a minimum, must include employer satisfaction of the
10 graduates' ability to do the following:
11 1. Write and speak in a logical and understandable
12 style with appropriate grammar.
13 2. Recognize signs of students' difficulty with the
14 reading and computational process and apply appropriate
15 measures to improve students' reading and computational
16 performance.
17 3. Use and integrate appropriate technology in
18 teaching and learning processes.
19 4. Demonstrate knowledge and understanding of Sunshine
20 State Standards.
21 (f)1. Each Florida public and private institution that
22 offers a state-approved teacher preparation program must
23 annually report information regarding these programs to the
24 state and the general public. This information shall be
25 reported in a uniform and comprehensible manner that is
26 consistent with definitions and methods approved by the
27 Commissioner of the National Center for Educational Statistics
28 and that is approved by the State Board of Education. This
29 information must include, at a minimum:
30 a. The percent of graduates obtaining full-time
31 teaching employment within the first year of graduation.
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1 b. The average length of stay of graduates in their
2 full-time teaching positions.
3 c. Satisfaction ratings required in paragraph (e).
4 2. Each public and private institution offering
5 training for school readiness related professions, including
6 training in the fields of child care and early childhood
7 education, whether offering technical credit, associate in
8 applied science degree programs, associate in science degree
9 programs, or associate in arts degree programs, shall annually
10 report information regarding these programs to the state and
11 the general public in a uniform and comprehensible manner that
12 conforms with definitions and methods approved by the State
13 Board of Education. This information must include, at a
14 minimum:
15 a. Average length of stay of graduates in their
16 positions.
17 b. Satisfaction ratings of graduates' employers.
18
19 This information shall be reported through publications,
20 including college and university catalogs and promotional
21 materials sent to potential applicants, secondary school
22 guidance counselors, and prospective employers of the
23 institution's program graduates.
24 (5) PRESERVICE FIELD EXPERIENCE.--All postsecondary
25 instructors, school district personnel and instructional
26 personnel, and school sites preparing instructional personnel
27 through preservice field experience courses and internships
28 shall meet special requirements.
29 (a) All instructors in postsecondary teacher
30 preparation programs who instruct or supervise preservice
31 field experience courses or internships shall have at least
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1 one of the following: specialized training in clinical
2 supervision; a valid professional teaching certificate
3 pursuant to ss. 1012.56 and 1012.585; or at least 3 years of
4 successful teaching experience in prekindergarten through
5 grade 12.
6 (b) All school district personnel and instructional
7 personnel who supervise or direct teacher preparation students
8 during field experience courses or internships must have
9 evidence of "clinical educator" training and must successfully
10 demonstrate effective classroom management strategies that
11 consistently result in improved student performance. The State
12 Board of Education shall approve the training requirements.
13 (c) Preservice field experience programs must provide
14 specific guidance and demonstration of effective classroom
15 management strategies, strategies for incorporating technology
16 into classroom instruction, and ways to link instructional
17 plans to the Sunshine State Standards, as appropriate. The
18 length of structured field experiences may be extended to
19 ensure that candidates achieve the competencies needed to meet
20 certification requirements.
21 (d) Postsecondary teacher preparation programs in
22 cooperation with district school boards and approved private
23 school associations shall select the school sites for
24 preservice field experience activities. These sites must
25 represent the full spectrum of school communities, including,
26 but not limited to, schools located in urban settings. In
27 order to be selected, school sites must demonstrate commitment
28 to the education of public school students and to the
29 preparation of future teachers.
30 (6) STANDARDS OF EXCELLENCE.--The State Board of
31 Education shall approve standards of excellence for teacher
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Bill No. CS for CS for SB 1564, 1st Eng.
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1 preparation. These standards must exceed the requirements for
2 program approval pursuant to subsection (3) and must
3 incorporate state and national recommendations for exemplary
4 teacher preparation programs.
5 (7) NATIONAL BOARD STANDARDS.--The State Board of
6 Education shall review standards and recommendations developed
7 by the National Board for Professional Teaching Standards and
8 may incorporate those parts deemed appropriate into criteria
9 for continued state program approval, standards of excellence,
10 and requirements for inservice education.
11 (8) COMMUNITY COLLEGES.--To the extent practical,
12 postsecondary educational institutions offering teacher
13 preparation programs shall establish articulation agreements
14 on a core of liberal arts courses and introductory
15 professional courses with field experience components which
16 shall be offered at community colleges.
17 (9) PRETEACHER AND TEACHER EDUCATION PILOT
18 PROGRAMS.--State universities and community colleges may
19 establish preteacher education and teacher education pilot
20 programs to encourage promising minority students to prepare
21 for a career in education. These pilot programs shall be
22 designed to recruit and provide additional academic, clinical,
23 and counseling support for students whom the institution
24 judges to be potentially successful teacher education
25 candidates, but who may not meet teacher education program
26 admission standards. Priority consideration shall be given to
27 those pilot programs that are jointly submitted by community
28 colleges and state universities.
29 (a) These pilot programs shall be approved by the
30 State Board of Education and shall be designed to provide help
31 and support for program participants during the preteacher
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Bill No. CS for CS for SB 1564, 1st Eng.
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1 education period of general academic preparation at a
2 community college or state university and during professional
3 preparation in a state-approved teacher education program.
4 Emphasis shall be placed on development of the basic skills
5 needed by successful teachers.
6 (b) State universities and community colleges may
7 admit into the pilot program those incoming students who
8 demonstrate an interest in teaching as a career, but who may
9 not meet the requirements for entrance into an approved
10 teacher education program.
11 1. Flexibility may be given to colleges of education
12 to develop and market innovative teacher training programs
13 directed at specific target groups such as graduates from the
14 colleges of arts and sciences, employed education
15 paraprofessionals, substitute teachers, early federal
16 retirees, and nontraditional college students. Programs must
17 be submitted to the State Board of Education for approval.
18 2. Academically successful graduates in the fields of
19 liberal arts and science may be encouraged to embark upon a
20 career in education.
21 3. Models may be developed to provide a positive
22 initial experience in teaching in order to encourage
23 retention. Priority should be given to models that encourage
24 minority graduates.
25 (c) In order to be certified, a graduate from a pilot
26 program shall meet all requirements for teacher certification
27 specified by s. 1012.56. Should a graduate of a pilot program
28 not meet the requirements of s. 1012.56, that person shall not
29 be included in the calculations required by paragraph (4)(a)
30 and State Board of Education rules for continued program
31 approval, or in the statutes used by the State Board of
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Bill No. CS for CS for SB 1564, 1st Eng.
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1 Education in deciding which teacher education programs to
2 approve.
3 (d) Institutions participating in the pilot program
4 shall submit an annual report evaluating the success of the
5 program to the Commissioner of Education by March 1 of each
6 year. The report shall contain, but shall not be limited to:
7 the number of pilot program participants, including the number
8 participating in general education and the number admitted to
9 approved teacher education programs, the number of pilot
10 program graduates, and the number of pilot program graduates
11 who met the requirements of s. 1012.56. The commissioner shall
12 consider the number of participants recruited, the number of
13 graduates, and the number of graduates successfully meeting
14 the requirements of s. 1012.56 reported by each institution,
15 and shall make an annual recommendation to the State Board of
16 Education regarding the institution's continued participation
17 in the pilot program.
18 (10) TEACHER EDUCATION PILOT PROGRAMS FOR
19 HIGH-ACHIEVING STUDENTS.--Pilot teacher preparation programs
20 shall be established at the University of Central Florida, the
21 University of North Florida, and the University of South
22 Florida. These programs shall include a year-long paid
23 teaching assignment and competency-based learning experiences
24 and shall be designed to encourage high-achieving students, as
25 identified by the institution, to pursue a career in
26 education. Students chosen to participate in the pilot
27 programs shall agree to teach for at least 1 year after they
28 receive their degrees. Criteria for identifying
29 high-achieving students shall be developed by the institution
30 and shall include, at a minimum, requirements that the student
31 have a 3.3 grade point average or above and that the student
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 has demonstrated mastery of general knowledge pursuant to s.
2 1012.56. The year-long paid teaching assignment shall begin
3 after completion of the equivalent of 3 years of the state
4 university teacher preparation program.
5 (a) Each pilot program shall be designed to include:
6 1. A year-long paid teaching assignment at a specified
7 school site during the fourth year of the state university
8 teacher preparation program, which includes intense
9 supervision by a support team trained in clinical education.
10 The support team shall include a state university supervisor
11 and experienced school-based mentors. A mentor teacher shall
12 be assigned to each fourth year employed teacher to implement
13 an individualized learning plan. This mentor teacher will be
14 considered an adjunct professor for purposes of this program
15 and may receive credit for time spent as a mentor teacher in
16 the program. The mentor teacher must have a master's degree
17 or above, a minimum of 3 years of teaching experience, and
18 clinical education training or certification by the National
19 Board of Professional Teaching Standards. Experiences and
20 instruction may be delivered by other mentors, assigned
21 teachers, professors, individualized learning, and
22 demonstrations. Students in this paid teaching assignment
23 shall assume full responsibility of all teaching duties.
24 2. Professional education curriculum requirements that
25 address the educator-accomplished practices and other
26 competencies specified in state board rule.
27 3. A modified instructional delivery system that
28 provides onsite training during the paid teaching assignment
29 in the professional education areas and competencies specified
30 in this subsection. The institutions participating in this
31 pilot program shall be given a waiver to provide a modified
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 instructional delivery system meeting criteria that allows
2 earned credit through nontraditional approaches. The modified
3 system may provide for an initial evaluation of the
4 candidate's competencies to determine an appropriate
5 individualized professional development plan and may provide
6 for earned credit by:
7 a. Internet learning and competency acquisition.
8 b. Learning acquired by observing demonstrations and
9 being observed in application.
10 c. Independent study or instruction by mentor teachers
11 or adjunct teachers.
12 4. Satisfactory demonstration of the
13 educator-accomplished practices and content area competencies
14 for program completion.
15 5. For program completion, required achievement of
16 passing scores on all tests required for certification by
17 State Board of Education rules.
18 (b) Beginning in July 2003, each institution
19 participating in the pilot program shall submit to the
20 Commissioner of Education an annual report evaluating the
21 effectiveness of the program. The report shall include, but
22 shall not be limited to, the number of students selected for
23 the pilot program, the number of students successfully
24 completing the pilot program, the number of program
25 participants who passed all required examinations, the number
26 of program participants who successfully demonstrated all
27 required competencies, and a followup study to determine the
28 number of pilot program completers who were employed in a
29 teaching position and employers' satisfaction with the
30 performance of pilot program completers.
31 (c) This subsection shall be implemented to the extent
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 specifically funded in the General Appropriations Act.
2 (11) RULES.--The State Board of Education shall adopt
3 necessary rules pursuant to ss. 120.536(1) and 120.54 to
4 implement this section.
5 Section 163. Section 1004.05, Florida Statutes, is
6 created to read:
7 1004.05 Substance abuse training programs.--
8 (1) Each state university and community college may
9 develop courses designed for public school teachers,
10 counselors, physicians, law enforcement personnel, and other
11 professionals to assist them in recognizing symptoms of
12 substance abuse impairment and identifying appropriate service
13 providers for referral and treatment.
14 (2) Such courses may be made available to students who
15 are currently enrolled and for continuing education units.
16 Section 164. Section 1004.06, Florida Statutes, is
17 created to read:
18 1004.06 Prohibited expenditures.--No community
19 college, state university, community college direct-support
20 organization, or state university direct-support organization
21 shall expend any funds, regardless of source, to purchase
22 membership in, or goods and services from, any organization
23 that discriminates on the basis of race, national origin,
24 gender, or religion.
25 Section 165. Part II of chapter 1004, Florida
26 Statutes, shall be entitled "State Universities" and shall
27 consist of ss. 1004.21-1004.62.
28 Section 166. Part II.a. of chapter 1004, Florida
29 Statutes, shall be entitled "General Provisions" and shall
30 consist of ss. 1004.21-1004.32.
31 Section 167. Section 1004.21, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1004.21 State universities; legislative intent.--It is
3 the legislative intent that state universities be constituted
4 as public corporations of the state and be operated by a board
5 of trustees as provided in s. 1001.74.
6 Section 168. Section 1004.22, Florida Statutes, is
7 created to read:
8 1004.22 Divisions of sponsored research at state
9 universities.--
10 (1) Each university is authorized to create, as it
11 deems advisable, divisions of sponsored research which will
12 serve the function of administration and promotion of the
13 programs of research, including sponsored training programs,
14 of the university at which they are located. A division of
15 sponsored research created under the provisions of this
16 section shall be under the supervision of the president of
17 that university.
18 (2) The university shall set such policies to regulate
19 the activities of the divisions of sponsored research as it
20 may consider necessary to effectuate the purposes of this act
21 and to administer the research programs in a manner which
22 assures efficiency and effectiveness, producing the maximum
23 benefit for the educational programs and maximum service to
24 the state. To this end, materials that relate to methods of
25 manufacture or production, potential trade secrets,
26 potentially patentable material, actual trade secrets,
27 business transactions, or proprietary information received,
28 generated, ascertained, or discovered during the course of
29 research conducted within the state universities shall be
30 confidential and exempt from the provisions of s. 119.07(1),
31 except that a division of sponsored research shall make
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 available upon request the title and description of a research
2 project, the name of the researcher, and the amount and source
3 of funding provided for such project.
4 (3) The president of the university where a division
5 of sponsored research is created, or his or her designee, is
6 authorized to negotiate, enter into, and execute research
7 contracts; to solicit and accept research grants and
8 donations; and to fix and collect fees, other payments, and
9 donations that may accrue by reason thereof. The president or
10 his or her designee may negotiate, enter into, and execute
11 contracts on a cost-reimbursement basis and may provide
12 temporary financing of such costs prior to reimbursement from
13 moneys on deposit in a sponsored research development fund,
14 except as may be prohibited elsewhere by law.
15 (4) A division of sponsored research shall be financed
16 from the moneys of a university which are on deposit or
17 received for use in the research or related programs of that
18 particular university. Such moneys shall be deposited by the
19 university in a permanent sponsored research development fund.
20 (5) Moneys deposited in the permanent sponsored
21 research development fund of a university shall be disbursed
22 in accordance with the terms of the contract, grant, or
23 donation under which they are received. Moneys received for
24 overhead or indirect costs and other moneys not required for
25 the payment of direct costs shall be applied to the cost of
26 operating the division of sponsored research. Any surplus
27 moneys shall be used to support other research or sponsored
28 training programs in any area of the university.
29 Transportation and per diem expense allowances shall be the
30 same as those provided by law in s. 112.061, except that
31 personnel performing travel under a sponsored research
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subcontract may be reimbursed for travel expenses in
2 accordance with the provisions of the applicable prime
3 contract or grant and the travel allowances established by the
4 subcontractor, subject to the requirements of subsection (7),
5 or except as provided in subsection (11).
6 (6)(a) Each university shall submit to the State Board
7 of Education a report of the activities of each division of
8 sponsored research together with an estimated budget for the
9 next fiscal year.
10 (b) Not less than 90 days prior to the convening of
11 each regular session of the Legislature in which an
12 appropriation shall be made, the State Board of Education
13 shall submit to the chair of the appropriations committee of
14 each house of the Legislature a compiled report, together with
15 a compiled estimated budget for the next fiscal year. A copy
16 of such report and estimated budget shall be furnished to the
17 Governor, as the chief budget officer of the state.
18 (7) All purchases of a division of sponsored research
19 shall be made in accordance with the policies and procedures
20 of the university; however, upon certification addressed to
21 the university president that it is necessary for the
22 efficient or expeditious prosecution of a research project,
23 the president may exempt the purchase of material, supplies,
24 equipment, or services for research purposes shall be exempt
25 from the general purchasing requirement of the Florida
26 Statutes.
27 (8) The university may authorize the construction,
28 alteration, or remodeling of buildings when the funds used are
29 derived entirely from the sponsored research development fund
30 of a university or from that fund in combination with other
31 nonstate sources, provided that such construction, alteration,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or remodeling is for use exclusively in the area of research;
2 it also may authorize the acquisition of real property when
3 the cost is entirely from said funds. Title to all real
4 property purchased prior to January 7, 2003, or with funds
5 appropriated by the Legislature shall vest in the Board of
6 Trustees of the Internal Improvement Trust Fund and shall only
7 be transferred or conveyed by it.
8 (9) The sponsored research programs of the Institute
9 of Food and Agricultural Sciences, the University of Florida
10 Health Science Center, and the engineering and industrial
11 experiment station shall continue to be centered at the
12 University of Florida as heretofore provided by law. Indirect
13 cost reimbursements of all grants deposited in the Division of
14 Sponsored Research shall be distributed directly to the above
15 units in direct proportion to the amounts earned by each unit.
16 (10) The operation of the divisions of sponsored
17 research and the conduct of the sponsored research program are
18 expressly exempted from the provisions of any other laws or
19 portions of laws in conflict herewith and are, subject to the
20 requirements of subsection (7), exempted from the provisions
21 of chapters 215, 216, and 283.
22 (11) The divisions of sponsored research may pay, by
23 advancement or reimbursement, or a combination thereof, the
24 costs of per diem of university employees and of other
25 authorized persons, as defined in s. 112.061(2)(e), for
26 foreign travel up to the current rates as stated in the grant
27 and contract terms and may also pay incidental expenses as
28 authorized by s. 112.061(8). This subsection applies to any
29 university employee traveling in foreign countries for
30 sponsored programs of the university, if such travel expenses
31 are approved in the terms of the contract or grant. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provisions of s. 112.061, other than those relating to per
2 diem, apply to the travel described in this subsection. As
3 used in this subsection, "foreign travel" means any travel
4 outside the United States and its territories and possessions
5 and Canada. Persons traveling in foreign countries pursuant
6 to this section shall not be entitled to reimbursements or
7 advancements pursuant to s. 112.061(6)(a)2. for such travel.
8 (12) Each division of sponsored research is authorized
9 to advance funds to any principal investigator who, under the
10 contract or grant terms, will be performing a portion of his
11 or her research at a site that is remote from the university.
12 Funds shall be advanced only to employees who have executed a
13 proper power of attorney with the university to ensure the
14 proper collection of such advanced funds if it becomes
15 necessary. As used in this subsection, the term "remote"
16 means so far removed from the university as to render normal
17 purchasing and payroll functions ineffective.
18 (13) Each university board of trustees is authorized
19 to adopt rules, as necessary, to administer this section.
20 Section 169. Section 1004.23, Florida Statutes, is
21 created to read:
22 1004.23 Universities; powers; patents, copyrights, and
23 trademarks.--Any other law to the contrary notwithstanding,
24 each state university is authorized, in its own name, to:
25 (1) Perform all things necessary to secure letters of
26 patent, copyrights, and trademarks on any work products and to
27 enforce its rights therein. The university shall consider
28 contributions by university personnel in the development of
29 trademarks, copyrights, and patents and shall enter into
30 written contracts with such personnel establishing the
31 interests of the university and such personnel in each
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 trademark, copyright, or patent.
2 (2) License, lease, assign, or otherwise give written
3 consent to any person, firm, or corporation for the
4 manufacture or use thereof, on a royalty basis or for such
5 other consideration as the university shall deem proper.
6 (3) Take any action necessary, including legal action,
7 to protect the same against improper or unlawful use or
8 infringement.
9 (4) Enforce the collection of any sums due the
10 university for the manufacture or use thereof by any other
11 party.
12 (5) Sell any of the same and execute all instruments
13 necessary to consummate any such sale.
14 (6) Do all other acts necessary and proper for the
15 execution of powers and duties herein conferred upon the
16 university, including adopting rules, as necessary, in order
17 to administer this section. Any proceeds therefrom shall be
18 deposited and expended in accordance with s. 1004.22. Any
19 action taken by the university in securing or exploiting such
20 trademarks, copyrights, or patents shall, within 30 days, be
21 reported in writing by the president to the Department of
22 State.
23 Section 170. Section 1004.24, Florida Statutes, is
24 created to read:
25 1004.24 State Board of Education authorized to secure
26 liability insurance.--
27 (1) The State Board of Education is authorized to
28 secure, or otherwise provide as a self-insurer, or by a
29 combination thereof, comprehensive general liability
30 insurance, including professional liability for health care
31 and veterinary sciences, for:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) The State Board of Education and its officers and
2 members.
3 (b) A university board of trustees and its officers
4 and members.
5 (c) The faculty and other employees and agents of a
6 university board of trustees.
7 (d) The students of a state university.
8 (e) A state university or any college, school,
9 institute, center, or program thereof.
10 (f) Any not-for-profit corporation organized pursuant
11 to chapter 617, and the directors, officers, employees, and
12 agents thereof, which is affiliated with a state university,
13 if the corporation is operated for the benefit of the state
14 university in a manner consistent with the best interests of
15 the state, and if such participation is approved by a
16 self-insurance program council, the university president, and
17 the board of trustees.
18 (2) In the event the State Board of Education adopts a
19 self-insurance program, a governing council chaired by the
20 vice president for health affairs or his or her academic
21 equivalent shall be established to administer the program and
22 its duties and responsibilities, including the administration
23 of self-insurance program assets and expenditure policies,
24 which shall be defined in rules as authorized by this section.
25 The council shall have an annual actuary review performed to
26 establish funding requirements to maintain the fiscal
27 integrity of the self-insurance program. The assets of a
28 self-insurance program shall be deposited outside the State
29 Treasury and shall be administered in accordance with rules as
30 authorized by this section.
31 (3) Any self-insurance program created under this
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 section shall be funded by the entities and individuals
2 protected by such program. There shall be no funds
3 appropriated to any self-insurance program. The assets of the
4 self-insurance program shall be the property of the State
5 Board of Education and shall be used only to pay the
6 administrative expenses of the self-insurance program and to
7 pay any claim, judgment, or claims bill arising out of
8 activities for which the self-insurance program was created.
9 Investment income that is in excess of that income necessary
10 to ensure the solvency of a self-insurance program as
11 established by a casualty actuary may be used to defray the
12 annual contribution paid into the program by the entities and
13 individuals protected by the program.
14 (4) No self-insurance program adopted by the State
15 Board of Education may sue or be sued. The claims files of any
16 such program are privileged and confidential, exempt from the
17 provisions of s. 119.07(1), and are only for the use of the
18 program in fulfilling its duties. Any self-insurance trust
19 fund and revenues generated by that fund shall only be used to
20 pay claims and administration expenses.
21 (5) Each self-insurance program council shall make
22 provision for an annual postaudit of its financial accounts to
23 be conducted by an independent certified public accountant.
24 The annual audit report must include a management letter and
25 shall be submitted to the State Board of Education for review.
26 The State Board of Education shall have the authority to
27 require and receive from the self-insurance program council or
28 from its independent auditor any detail or supplemental data
29 relative to the operation of the self-insurance program.
30 (6) The State Board of Education may make such rules
31 as are necessary to carry out the provisions of this section.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 171. Section 1004.25, Florida Statutes, is
2 created to read:
3 1004.25 State universities; payment of costs of civil
4 action.--A university may defray all costs of defending any
5 civil action brought against any officer or employee of the
6 university for any act or omission arising out of and in the
7 course of the performance of his or her duties and
8 responsibilities, which costs may include reasonable
9 attorney's fees and expenses together with costs of appeal,
10 and may save harmless and protect such person from any
11 financial loss resulting from the lawful performance of his or
12 her duties and responsibilities. Claims based on such actions
13 or omissions may be settled prior to or after the filing of
14 suit thereon. The university may arrange for and pay the
15 premium for appropriate insurance to cover all such losses and
16 expenses. The university may use funds available, not subject
17 to the obligation of contract, covenant, or trust, to carry
18 out the purposes of this section in the amount necessary.
19 Failure by the university to perform any act authorized by
20 this section shall not constitute a cause of action against
21 the university or its members, officers, or employees.
22 Section 172. Section 1004.28, Florida Statutes, is
23 created to read:
24 1004.28 Direct-support organizations; use of property;
25 board of directors; activities; audit; facilities.--
26 (1) DEFINITIONS.--For the purposes of this section:
27 (a) "University direct-support organization" means an
28 organization which is:
29 1. A Florida corporation not for profit incorporated
30 under the provisions of chapter 617 and approved by the
31 Department of State.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. Organized and operated exclusively to receive,
2 hold, invest, and administer property and to make expenditures
3 to or for the benefit of a state university in Florida or for
4 the benefit of a research and development park or research and
5 development authority affiliated with a state university and
6 organized under part V of chapter 159.
7 3. An organization that a state university board of
8 trustees, after review, has certified to be operating in a
9 manner consistent with the goals of the university and in the
10 best interest of the state. Any organization that is denied
11 certification by the board of trustees shall not use the name
12 of the university that it serves.
13 (b) "Personal services" includes full-time or
14 part-time personnel as well as payroll processing.
15 (2) USE OF PROPERTY.--
16 (a) Each state university board of trustees is
17 authorized to permit the use of property, facilities, and
18 personal services at any state university by any university
19 direct-support organization, and, subject to the provisions of
20 this section, direct-support organizations may establish
21 accounts with the State Board of Administration for investment
22 of funds pursuant to part IV of chapter 218.
23 (b) The board of trustees shall prescribe by rule
24 conditions with which a university direct-support organization
25 must comply in order to use property, facilities, or personal
26 services at any state university. Such rules shall provide
27 for budget and audit review and oversight by the board of
28 trustees.
29 (c) The board of trustees shall not permit the use of
30 property, facilities, or personal services at any state
31 university by any university direct-support organization that
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 does not provide equal employment opportunities to all persons
2 regardless of race, color, religion, gender, age, or national
3 origin.
4 (3) BOARD OF DIRECTORS.--The chair of the university
5 board of trustees may appoint a representative to the board of
6 directors and the executive committee of any direct-support
7 organization established under this section. The president of
8 the university for which the direct-support organization is
9 established, or his or her designee, shall also serve on the
10 board of directors and the executive committee of any
11 direct-support organization established to benefit that
12 university.
13 (4) ACTIVITIES; RESTRICTION.--A university
14 direct-support organization is prohibited from giving, either
15 directly or indirectly, any gift to a political committee or
16 committee of continuous existence as defined in s. 106.011 for
17 any purpose other than those certified by a majority roll call
18 vote of the governing board of the direct-support organization
19 at a regularly scheduled meeting as being directly related to
20 the educational mission of the university.
21 (5) ANNUAL AUDIT.--Each direct-support organization
22 shall provide for an annual financial audit of its accounts
23 and records to be conducted by an independent certified public
24 accountant in accordance with rules adopted by the Auditor
25 General pursuant to s. 11.45(8) and by the university board of
26 trustees. The annual audit report shall be submitted, within
27 9 months after the end of the fiscal year, to the Auditor
28 General and the State Board of Education for review. The State
29 Board of Education, the university board of trustees, the
30 Auditor General, and the Office of Program Policy Analysis and
31 Government Accountability shall have the authority to require
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and receive from the organization or from its independent
2 auditor any records relative to the operation of the
3 organization. The identity of donors who desire to remain
4 anonymous shall be protected, and that anonymity shall be
5 maintained in the auditor's report. All records of the
6 organization other than the auditor's report, management
7 letter, and any supplemental data requested by the State Board
8 of Education, the university board of trustees, the Auditor
9 General, and the Office of Program Policy Analysis and
10 Government Accountability shall be confidential and exempt
11 from the provisions of s. 119.07(1).
12 (6) FACILITIES.--In addition to issuance of
13 indebtedness pursuant to s. 1010.60(2), each direct-support
14 organization is authorized to enter into agreements to
15 finance, design and construct, lease, lease-purchase,
16 purchase, or operate facilities necessary and desirable to
17 serve the needs and purposes of the university, as determined
18 by the systemwide strategic plan adopted by the State Board of
19 Education. Such agreements are subject to the provisions of
20 s. 1013.171.
21 (7) ANNUAL BUDGETS AND REPORTS.--Each direct-support
22 organization shall submit to the university president and the
23 State Board of Education its federal Internal Revenue Service
24 Application for Recognition of Exemption form (Form 1023) and
25 its federal Internal Revenue Service Return of Organization
26 Exempt from Income Tax form (Form 990).
27 Section 173. Section 1004.29, Florida Statutes, is
28 created to read:
29 1004.29 University health services support
30 organizations.--
31 (1) Each state university is authorized to establish
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 university health services support organizations which shall
2 have the ability to enter into, for the benefit of the
3 university academic health sciences center, arrangements with
4 other entities as providers in other integrated health care
5 systems or similar entities. To the extent required by law or
6 rule, university health services support organizations shall
7 become licensed as insurance companies, pursuant to chapter
8 624, or be certified as health maintenance organizations,
9 pursuant to chapter 641. University health services support
10 organizations shall have sole responsibility for the acts,
11 debts, liabilities, and obligations of the organization. In
12 no case shall the state or university have any responsibility
13 for such acts, debts, liabilities, and obligations incurred or
14 assumed by university health services support organizations.
15 (2) Each university health services support
16 organization shall be a Florida corporation not for profit,
17 incorporated under the provisions of chapter 617 and approved
18 by the Department of State.
19 (3) A state university board of trustees may
20 prescribe, by rule, conditions with which a university health
21 services support organization must comply in order to be
22 certified and to use property, facilities, or personal
23 services at any state university. The rules must provide for
24 budget, audit review, and oversight by the board of trustees.
25 Such rules shall provide that the university health services
26 support organization may provide salary supplements and other
27 compensation or benefits for university faculty and staff
28 employees only as set forth in the organization's budget,
29 which shall be subject to approval by the university
30 president.
31 (4) The chair of the university board of trustees may
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 appoint a representative to the board of directors and the
2 executive committee of any university health services support
3 organization established under this section. The president of
4 the university for which the university health services
5 support organization is established, or the president's
6 designee, shall also serve on the board of directors and the
7 executive committee of any university health services support
8 organization established to benefit that university.
9 (5) Each university health services support
10 organization shall provide for an annual financial audit in
11 accordance with s. 1004.28(5). The auditor's report,
12 management letter, and any supplemental data requested by the
13 State Board of Education, the university board of trustees,
14 and the Auditor General shall be considered public records,
15 pursuant to s. 119.07.
16 Section 174. Section 1004.30, Florida Statutes, is
17 created to read:
18 1004.30 University health services support
19 organization; confidentiality of information.--
20 (1) All meetings of a governing board of a university
21 health services support organization and all university health
22 services support organization records shall be open and
23 available to the public in accordance with s. 286.011 and s.
24 24(b), Art. I of the State Constitution and chapter 119 and s.
25 24(a), Art. I of the State Constitution, respectively, unless
26 made confidential or exempt by law. Records required by the
27 Department of Insurance to discharge its duties shall be made
28 available to the department upon request.
29 (2) The following university health services support
30 organization's records and information are confidential and
31 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 I of the State Constitution:
2 (a) Contracts for managed care arrangements under
3 which the university health services support organization
4 provides health care services, preferred provider organization
5 contracts, health maintenance organization contracts, alliance
6 network arrangements, and exclusive provider organization
7 contracts, and any documents directly relating to the
8 negotiation, performance, and implementation of any such
9 contracts for managed care arrangements or alliance network
10 arrangements. As used in this paragraph, the term "managed
11 care" means systems or techniques generally used by
12 third-party payors or their agents to affect access to and
13 control payment for health care services. Managed-care
14 techniques most often include one or more of the following:
15 prior, concurrent, and retrospective review of the medical
16 necessity and appropriateness of services or site of services;
17 contracts with selected health care providers; financial
18 incentives or disincentives related to the use of specific
19 providers, services, or service sites; controlled access to
20 and coordination of services by a case manager; and payor
21 efforts to identify treatment alternatives and modify benefit
22 restrictions for high-cost patient care.
23 (b) Each university health services support
24 organization's marketing plan the disclosure of which may
25 reasonably be expected by the organization's governing board
26 to be used by a competitor or an affiliated provider of the
27 organization to frustrate, circumvent, or exploit the purposes
28 of the plan before it is implemented and which is not
29 otherwise known or cannot be legally obtained by a competitor
30 or an affiliated provider. However, documents that are
31 submitted to the organization's governing board as part of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 board's approval of the organization's budget, and the budget
2 itself, are not confidential and exempt.
3 (c) Trade secrets, as defined in s. 688.002, including
4 reimbursement methodologies and rates.
5 (d) The records of the peer review panels, committees,
6 governing board, and agents of the university health services
7 support organization which relate solely to the evaluation of
8 health care services and professional credentials of health
9 care providers and physicians employed by or providing
10 services under contract to the university health services
11 support organization. The exemptions created by this
12 paragraph shall not be construed to impair any otherwise
13 established rights of an individual health care provider to
14 inspect documents concerning the determination of such
15 provider's professional credentials.
16 (3) Any portion of a governing board or peer review
17 panel or committee meeting during which a confidential and
18 exempt contract, document, record, marketing plan, or trade
19 secret, as provided for in subsection (2), is discussed is
20 exempt from the provisions of s. 286.011 and s. 24(b), Art. I
21 of the State Constitution.
22 (4) Those portions of any public record, such as a
23 tape recording, minutes, and notes, generated during that
24 portion of a governing board or peer review panel or committee
25 meeting which is closed to the public pursuant to this
26 section, which contain information relating to contracts,
27 documents, records, marketing plans, or trade secrets which
28 are made confidential and exempt by this section, are
29 confidential and exempt from the provisions of s. 119.07(1)
30 and s. 24(a), Art. I of the State Constitution.
31 (5) The exemptions from s. 119.07(1) and s. 24(a),
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Art. I of the State Constitution and s. 286.011 and s. 24(b),
2 Art. I of the State Constitution provided in this section do
3 not apply if the governing board of a university health
4 services support organization votes to lease, sell, or
5 transfer all or any substantial part of the facilities or
6 property of the university health services support
7 organization to a nonpublic entity.
8 (6) Any person may petition a court of competent
9 jurisdiction for an order for the public release of those
10 portions of any public record, such as a tape recording,
11 minutes, or notes, generated during that portion of a
12 governing board meeting which is closed to the public pursuant
13 to subsection (3), which record is made confidential and
14 exempt by subsection (4). Any action pursuant to this
15 subsection must be brought in the county where the principal
16 office of the university health services support organization
17 is located, as reflected in the records of the Secretary of
18 State. In any order for the public release of a record
19 pursuant to this subsection, the court shall make a finding
20 that a compelling public interest is served by the release of
21 the record or portions thereof which exceeds the public
22 necessity for maintaining the confidentiality of such record
23 as described in s. 2, chapter 96-171, Laws of Florida, and
24 that the release of the record will not cause damage to or
25 adversely affect the interests of private persons, business
26 entities, the university health services support organization,
27 or the affiliated university.
28 (7) Those portions of any public record, such as a
29 tape recording, minutes, or notes, generated during that
30 portion of a governing board meeting at which negotiations for
31 contracts for managed-care arrangements occur, are reported
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1 on, or are acted on by the governing board, which record is
2 made confidential and exempt by subsection (4), shall become
3 public records 2 years after the termination or completion of
4 the term of the contract to which such negotiations relate or,
5 if no contract was executed, 2 years after the termination of
6 the negotiations. Notwithstanding paragraph (2)(a) and
7 subsection (4), a university health services support
8 organization must make available, upon request, the title and
9 general description of a contract for managed-care
10 arrangements, the names of the contracting parties, and the
11 duration of the contract term. All contracts for managed-care
12 arrangements which are made confidential and exempt by
13 paragraph (2)(a), except those portions of any contract
14 containing trade secrets which are made confidential and
15 exempt by paragraph (2)(c), shall become public 2 years after
16 the termination or completion of the term of the contract.
17 (8) A university health services support organization
18 may petition a court of competent jurisdiction to continue the
19 confidentiality of any public record made nonconfidential by
20 this section, upon a showing of good cause. In determining
21 good cause, the court shall balance the property, privacy, and
22 economic interests of any affected person or business entity
23 with those of the university health services support
24 organization and with the public interest and must make a
25 finding that a substantial public interest is served by the
26 continued confidentiality of the public record for an
27 additional time period. The length of time for this continued
28 exemption may be no longer than is necessary to protect that
29 substantial public interest.
30 (9) This act does not preclude discovery of records
31 and information that are otherwise discoverable under the
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Amendment No. ___ (for drafter's use only)
1 Florida Rules of Civil Procedure or any statutory provision
2 allowing discovery or presuit disclosure of such records and
3 information for the purpose of civil actions.
4 Section 175. Section 1004.31, Florida Statutes, is
5 created to read:
6 1004.31 Assent to Hatch Act and Morrill Land-Grant
7 Act.--The assent of the Legislature is given to the provisions
8 and requirements of the Acts of Congress commonly known as the
9 "Hatch Act of 1887," the "First Morrill Act of 1862," the
10 "Second Morrill Act of 1890," and all acts supplemental
11 thereto. The University of Florida Board of Trustees may
12 receive grants of money appropriated for the benefit of the
13 University of Florida Institute of Food and Agricultural
14 Sciences in the case of the First Morrill Act, the Hatch Act,
15 and all acts supplemental thereto. The Florida Agricultural
16 and Mechanical University Board of Trustees may receive grants
17 of money appropriated for the benefit of Florida Agricultural
18 and Mechanical University in the case of the Second Morrill
19 Act and all acts supplemental thereto. The provisions of
20 chapter 3564, 1885, Laws of Florida, and s. 7, chapter 1776,
21 1870, Laws of Florida, are made applicable to said
22 universities insofar as the same are or can be made effective;
23 and all estate, right, property claim, and emoluments, and the
24 rents and issues thereof, or any substitutions thereof, and
25 all claims and demands arising or that may or can arise
26 thereunder, or any Act of Congress in that regard, are hereby
27 preserved, maintained, and transferred to the University of
28 Florida Board of Trustees and the Florida Agricultural and
29 Mechanical University Board of Trustees for the use and
30 benefit of said universities under the terms of said acts.
31 Section 176. Section 1004.32, Florida Statutes, is
448
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Amendment No. ___ (for drafter's use only)
1 created to read:
2 1004.32 New College of Florida.--
3 (1) MISSION AND GOALS.--New College of Florida serves
4 a distinctive mission as the 4-year residential liberal arts
5 honors college of the State of Florida. To maintain this
6 mission, New College of Florida has the following goals:
7 (a) To provide a quality education to students of high
8 ability who, because of their ability, deserve a program of
9 study that is both demanding and stimulating.
10 (b) To engage in undergraduate educational reform by
11 combining educational innovation with educational excellence.
12 (c) To provide programs of study that allow students
13 to design their educational experience as much as possible in
14 accordance with their individual interests, values, and
15 abilities.
16 (d) To challenge undergraduates not only to master
17 existing bodies of knowledge but also to extend the frontiers
18 of knowledge through original research.
19 (2) ACCREDITATION.--As soon as possible, New College
20 of Florida shall apply to the Commission on Colleges of the
21 Southern Association of Colleges and Schools for separate
22 accreditation.
23 (3) BOARD OF TRUSTEES.--The Governor shall appoint 12
24 members to the Board of Trustees, to serve 4-year staggered
25 terms, as follows:
26 (a) Three residents of Sarasota County.
27 (b) Two residents of Manatee County.
28 (c) Until the expiration date of the terms of office
29 of the members who are on the board June 30, 2001, seven
30 members selected from the Board of Trustees of the New College
31 Foundation.
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Amendment No. ___ (for drafter's use only)
1
2 In addition, the student body president shall serve ex officio
3 as a voting member of the board of trustees.
4 Section 177. Part II.b. of chapter 1004, Florida
5 Statutes, shall be entitled "Branch Campuses, Centers,
6 Institutes, and Special Programs" and shall consist of ss.
7 1004.33-1004.62.
8 Section 178. Section 1004.33, Florida Statutes, is
9 created to read:
10 1004.33 The University of South Florida St.
11 Petersburg.--
12 (1) The St. Petersburg campus of the University of
13 South Florida is established and shall be known as the
14 "University of South Florida St. Petersburg."
15 (a) The Legislature intends that the University of
16 South Florida St. Petersburg be operated and maintained as a
17 separate organizational and budget entity of the University of
18 South Florida, and that all legislative appropriations for the
19 University of South Florida St. Petersburg be set forth as
20 separate line items in the annual General Appropriations Act.
21 (b) The University of South Florida St. Petersburg
22 shall have a Campus Board and a Campus Executive Officer.
23 (c) As soon as possible, but no later than the
24 effective date of this act, the President of the University of
25 South Florida shall begin the process of application to the
26 Commission on Colleges of the Southern Association of Colleges
27 and Schools for separate accreditation of the University of
28 South Florida St. Petersburg. If the application is not
29 approved or is provisionally approved, the University of South
30 Florida shall correct any identified deficiencies and shall
31 continue to work for accreditation.
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Amendment No. ___ (for drafter's use only)
1 (2) The Board of Trustees of the University of South
2 Florida shall appoint to the Campus Board, from
3 recommendations of the President of the University of South
4 Florida, five residents of Pinellas County. If a resident of
5 Pinellas County is appointed to the Board of Trustees of the
6 University of South Florida, the board shall appoint that
7 member to serve jointly as a member of the Campus Board. If
8 more than one Pinellas County resident is appointed to the
9 Board of Trustees, the board shall select one joint member.
10 The Board of Trustees may reappoint a member to the Campus
11 Board for one additional term. The Campus Board has the powers
12 and duties provided by law, which include the authority to:
13 (a) Review and approve an annual legislative budget
14 request to be submitted to the Commissioner of Education. The
15 Campus Executive Officer shall prepare the legislative budget
16 request in accordance with guidelines established by the State
17 Board of Education. This request must include items for campus
18 operations and fixed capital outlay.
19 (b) Approve and submit an annual operating plan and
20 budget for review and consultation by the Board of Trustees of
21 the University of South Florida. The campus operating budget
22 must reflect the actual funding available to that campus from
23 separate line-item appropriations contained in each annual
24 General Appropriations Act, which line-item appropriations
25 must initially reflect the funds reported to the Legislature
26 for the University of South Florida St. Petersburg campus for
27 fiscal year 2000-2001 and any additional funds provided in the
28 fiscal year 2001-2002 legislative appropriation.
29 (c) Enter into central support services contracts with
30 the Board of Trustees of the University of South Florida for
31 any services that the St. Petersburg campus cannot provide
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Amendment No. ___ (for drafter's use only)
1 more economically, including payroll processing, accounting,
2 technology, construction administration, and other desired
3 services. However, all legal services for the campus must be
4 provided by a central services contract with the university.
5 The Board of Trustees of the University of South Florida and
6 the Campus Board shall determine in a letter of agreement any
7 allocation or sharing of student fee revenue between the
8 University of South Florida's main campus and the St.
9 Petersburg campus.
10
11 The Board of Trustees of the University of South Florida may
12 lawfully delegate other powers and duties to the Campus Board
13 for the efficient operation and improvement of the campus and
14 for the purpose of vesting in the campus the attributes
15 necessary to meet the requirements for separate accreditation
16 by the Southern Association of Colleges and Schools.
17 (3) The University of South Florida St. Petersburg
18 shall be administered by a Campus Executive Officer who shall
19 be appointed by, report directly to, and serve at the pleasure
20 of the President of the University of South Florida. The
21 President shall consult with the Campus Board before hiring or
22 terminating the Campus Executive Officer. The Campus Executive
23 Officer has authority and responsibility as provided in law,
24 including the authority to:
25 (a) Administer campus operations within the annual
26 operating budget as approved by the Campus Board.
27 (b) Recommend to the Campus Board an annual
28 legislative budget request that includes funding for campus
29 operations and fixed capital outlay.
30 (c) Recommend to the Campus Board an annual campus
31 operating budget.
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Amendment No. ___ (for drafter's use only)
1 (d) Recommend to the Campus Board appropriate services
2 and terms and conditions to be included in annual central
3 support services contracts.
4 (e) Carry out any additional responsibilities assigned
5 or delegated by the President of the University of South
6 Florida for the efficient operation and improvement of the
7 campus, especially any authority necessary for the purpose of
8 vesting in the campus attributes necessary to meet the
9 requirements for separate accreditation.
10 (4) Students enrolled at the University of South
11 Florida, including those enrolled at a branch campus, have the
12 same rights and obligations as provided by law, policy, or
13 rule adopted by the University of South Florida, the Florida
14 Department of Education, or other lawful entity. The
15 University of South Florida shall provide a comprehensive and
16 coordinated system of student registration so that a student
17 enrolled at any campus of the University of South Florida has
18 the ability to register for courses at any other campus of the
19 University of South Florida.
20 (5) The following entities are not affected by this
21 section and remain under the administrative control of the
22 University of South Florida:
23 (a) The University of South Florida College of Marine
24 Science, which is a component college of the main campus.
25 (b) The Florida Institute of Oceanography, which is a
26 Type One Institute.
27 (c) The University of South Florida Pediatric Research
28 Center.
29 (d) The University of South Florida/USGS joint
30 facility.
31 Section 179. Section 1004.34, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1004.34 The University of South Florida
3 Sarasota/Manatee.--
4 (1) The Sarasota/Manatee campus of the University of
5 South Florida is established and shall be known as the
6 "University of South Florida Sarasota/Manatee."
7 (a) The Legislature intends that the University of
8 South Florida Sarasota/Manatee be operated and maintained as a
9 separate organizational and budget entity of the University of
10 South Florida and that all legislative appropriations for the
11 University of South Florida Sarasota/Manatee be set forth as
12 separate line items in the annual General Appropriations Act.
13 (b) The University of South Florida Sarasota/Manatee
14 shall have a Campus Board and a Campus Executive Officer.
15 (c) As soon as possible, but no later than July 1,
16 2002, the President of the University of South Florida shall
17 begin the process of application to the Commission on Colleges
18 of the Southern Association of Colleges and Schools for
19 separate accreditation of the University of South Florida
20 Sarasota/Manatee. If the application is not approved or is
21 provisionally approved, the University of South Florida shall
22 correct any identified deficiencies and shall continue to work
23 for accreditation.
24 (2) The Board of Trustees of the University of South
25 Florida shall appoint to the Campus Board, from
26 recommendations of the President of the University of South
27 Florida, three residents of Manatee County and two residents
28 of Sarasota County, to serve 4-year staggered terms. If one or
29 more residents of Sarasota County or Manatee County are
30 appointed to the Board of Trustees of the University of South
31 Florida, the board shall, at the next vacancy of the Campus
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Board, appoint one of those members to serve jointly as a
2 member of the Campus Board. The Board of Trustees may
3 reappoint a member to the Campus Board for one additional
4 term. The Campus Board has the powers and duties provided by
5 law, which include the authority to:
6 (a) Review and approve an annual legislative budget
7 request to be submitted to the Commissioner of Education. The
8 Campus Executive Officer shall prepare the legislative budget
9 request in accordance with guidelines established by the State
10 Board of Education. This request must include items for campus
11 operations and fixed capital outlay.
12 (b) Approve and submit an annual operating plan and
13 budget for review and consultation by the Board of Trustees of
14 the University of South Florida. The campus operating budget
15 must reflect the actual funding available to that campus from
16 separate line-item appropriations contained in each annual
17 General Appropriations Act, which line-item appropriations
18 must initially reflect the funds reported to the Legislature
19 for the University of South Florida Sarasota/Manatee campus
20 for fiscal year 2000-2001 and any additional funds provided in
21 the fiscal year 2001-2002 legislative appropriation.
22 (c) Enter into central support services contracts with
23 the Board of Trustees of the University of South Florida for
24 any services that the campus at Sarasota/Manatee cannot
25 provide more economically, including payroll processing,
26 accounting, technology, construction administration, and other
27 desired services. However, all legal services for the campus
28 must be provided by a central services contract with the
29 university. The Board of Trustees of the University of South
30 Florida and the Campus Board shall determine in a letter of
31 agreement any allocation or sharing of student fee revenue
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Amendment No. ___ (for drafter's use only)
1 between the University of South Florida's main campus and the
2 Sarasota/Manatee campus.
3
4 The Board of Trustees of the University of South Florida may
5 lawfully delegate other powers and duties to the Campus Board
6 for the efficient operation and improvement of the campus and
7 for the purpose of vesting in the campus the attributes
8 necessary to meet the requirements for separate accreditation
9 by the Southern Association of Colleges and Schools.
10 (3) The University of South Florida Sarasota/Manatee
11 shall be administered by a Campus Executive Officer who shall
12 be appointed by, report directly to, and serve at the pleasure
13 of the President of the University of South Florida. The
14 President shall consult with the Campus Board before hiring or
15 terminating the Campus Executive Officer. The Campus Executive
16 Officer has authority and responsibility as provided in law,
17 including the authority to:
18 (a) Administer campus operations within the annual
19 operating budget as approved by the Campus Board.
20 (b) Recommend to the Campus Board an annual
21 legislative budget request that includes funding for campus
22 operations and fixed capital outlay.
23 (c) Recommend to the Campus Board an annual campus
24 operating budget.
25 (d) Recommend to the Campus Board appropriate services
26 and terms and conditions to be included in annual central
27 support services contracts.
28 (e) Carry out any additional responsibilities assigned
29 or delegated by the President of the University of South
30 Florida for the efficient operation and improvement of the
31 campus, especially any authority necessary for the purpose of
456
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 vesting in the campus attributes necessary to meet the
2 requirements for separate accreditation.
3 (4) Students enrolled at the University of South
4 Florida, including those enrolled at a branch campus, have the
5 same rights and obligations as provided by law, policy, or
6 rule adopted by the University of South Florida, the Florida
7 Department of Education, or other lawful entity. The
8 University of South Florida shall provide a comprehensive and
9 coordinated system of student registration so that a student
10 enrolled at any campus of the University of South Florida has
11 the ability to register for courses at any other campus of the
12 University of South Florida.
13 (5) Promote technology transfer between the research
14 operations of the University of South Florida and local
15 economic development agencies.
16 Section 180. Section 1004.35, Florida Statutes, is
17 created to read:
18 1004.35 Broward County campuses of Florida Atlantic
19 University; coordination with other institutions.--The State
20 Board of Education and Florida Atlantic University shall
21 consult with Broward Community College and Florida
22 International University in coordinating course offerings at
23 the postsecondary level in Broward County. Florida Atlantic
24 University may contract with the Board of Trustees of Broward
25 Community College and with Florida International University to
26 provide instruction in courses offered at the Southeast
27 Campus. Florida Atlantic University shall increase course
28 offerings at the Southeast Campus as facilities become
29 available.
30 Section 181. Section 1004.36, Florida Statutes, is
31 created to read:
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Amendment No. ___ (for drafter's use only)
1 1004.36 Florida Atlantic University campuses.--
2 (1) The Broward County campuses of Florida Atlantic
3 University are hereby established as a partner of the Florida
4 Atlantic University campus in Boca Raton. The Broward County
5 campuses of Florida Atlantic University shall be known as
6 "Florida Atlantic University Broward." The Boca Raton campuses
7 of Florida Atlantic University shall be known as "Florida
8 Atlantic University Boca Raton." The office of the president
9 shall be at the campus in Boca Raton.
10 (2) Florida Atlantic University shall develop and
11 administer a separate budget for Florida Atlantic University
12 Broward. The budget shall include, at a minimum, an allocation
13 of those operating and capital outlay funds appropriated
14 annually by the Legislature in the General Appropriations Act
15 for the Broward campuses; a proportional share, based on
16 student credit hours produced at the Broward campuses, of any
17 allocations received by the university from student tuition
18 and fees, except for athletic fees, specifically authorized by
19 law; all overhead charges from sponsored research conducted on
20 the Broward campuses; and all revenues derived from vending
21 funds, auxiliary enterprises and contracts, and grants and
22 donations, as authorized by s. 1011.91, which result from
23 activities on Broward campuses. Florida Atlantic University
24 Broward and Florida Atlantic University Boca Raton may pay
25 reasonable charges to appropriate levels of administration of
26 Florida Atlantic University for services delivered
27 universitywide.
28 (3) The Florida Atlantic University Board of Trustees
29 shall take all actions necessary to ensure that Florida
30 Atlantic University Broward and Florida Atlantic University
31 Boca Raton are partners in the overall policymaking and
458
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 academic governance structures of the university. Annual
2 legislative budget requests for operations and facilities
3 shall separately identify those funds requested for Florida
4 Atlantic University Broward and Florida Atlantic University
5 Boca Raton. Florida Atlantic University Broward and Florida
6 Atlantic University Boca Raton shall have local management
7 authority over their campus faculty, staff, and programs, but
8 there shall be universitywide standards and processes for
9 evaluating requests for promotion and tenure; there shall be
10 complete transferability of credits and uniform programs
11 across campuses; and colleges operating on multiple campuses
12 shall have only one dean for each college. Florida Atlantic
13 University Broward shall establish a faculty senate and may
14 establish a direct-support organization. Any such
15 direct-support organization shall be subject to s. 1004.28(5).
16 (4) The State Board of Education, as a function of its
17 comprehensive master planning process, shall continue to
18 evaluate the need for undergraduate programs in Broward County
19 and shall assess the extent to which existing postsecondary
20 programs are addressing those needs.
21 Section 182. Section 1004.37, Florida Statutes, is
22 created to read:
23 1004.37 County or area extension programs; cooperation
24 between counties and University of Florida and Florida
25 Agricultural and Mechanical University.--
26 (1) The Florida Cooperative Extension Service is
27 administered through the University of Florida and is
28 supported programmatically by the University of Florida and
29 Florida Agricultural and Mechanical University in
30 collaboration with individual county governments. County or
31 area extension programs will be developed, based on local
459
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 situations, needs, and problems, supported by scientific and
2 technical information developed by the University of Florida,
3 Florida Agricultural and Mechanical University, the United
4 States Department of Agriculture, and other sources of
5 research information. This information will be made available
6 through the local program, with the aid of research scientists
7 and extension specialists of the University of Florida
8 Institute of Food and Agricultural Sciences and Florida
9 Agricultural and Mechanical University.
10 (2) In each county or other geographic subdivision the
11 board of county commissioners or other legally constituted
12 governing body will annually determine the extent of its
13 financial participation in cooperative extension work. The
14 extent of such financial participation by the counties will
15 influence the number of county extension agents and clerical
16 staff employed and the scope of the local extension program.
17 (3) Boards of county commissioners or other legally
18 constituted governing bodies will approve or disapprove of
19 persons recommended for extension positions in the county. If
20 the governing body of the county notifies the extension
21 service by resolution that it wants a list of three qualified
22 candidates, then the extension service shall, for each
23 position, make its recommendation by submitting a list of not
24 fewer than three qualified persons, or all qualified persons
25 if three or fewer. From this list, the board of county
26 commissioners, or other legally constituted governing body,
27 shall make its selection. If none of the persons recommended
28 are approved, the extension service shall continue to submit
29 lists of not fewer than three additional qualified persons
30 until one person is selected. If the governing body of the
31 county does not forward such a resolution to the extension
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 service, the extension service shall recommend one qualified
2 candidate to the governing body. If a person recommended is
3 not approved, the extension service shall recommend another
4 qualified candidate and shall repeat this procedure as
5 necessary until one person is selected. Extension agents so
6 appointed will be staff members of the University of Florida
7 or Florida Agricultural and Mechanical University, depending
8 on the source of funds. It is the responsibility of the
9 cooperative extension service to determine qualifications for
10 positions.
11 (4) Although county extension agents are jointly
12 employed by the state universities and federal and county
13 governments for the purposes of administration of the
14 cooperative extension service, the personnel policies and
15 procedures of the University of Florida or Florida
16 Agricultural and Mechanical University, depending on
17 appointment, will apply except in those instances when federal
18 legislation or the basic memorandum of understanding is
19 applicable.
20 (5) The University of Florida will provide county
21 extension personnel in the county with supervision and
22 resources for planning and programming and is responsible for
23 the programming process. The Florida Cooperative Extension
24 Service will make available needed program materials to the
25 extension agents through the subject matter specialists or
26 through other resource persons available from within the
27 university. It will be responsible for maintaining a high
28 level of technical competence in the county extension staff
29 through a continuous program of inservice training.
30 (6) The county extension director will report
31 periodically to the board of county commissioners or other
461
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 legally constituted governing body on programs underway and
2 results in the county. Each board of county commissioners or
3 other legally constituted governing body will develop a plan
4 which will enable it to be kept informed on the progress and
5 results of the local extension program so that its own
6 knowledge of program needs and problems may become a part of
7 the educational work carried on by the agents. Such plan shall
8 provide for a means of communicating the board's satisfaction
9 with the extension program to the county extension director
10 and the cooperative extension service.
11 Section 183. Section 1004.38, Florida Statutes, is
12 created to read:
13 1004.38 Master of science program in speech-language
14 pathology; Florida International University.--A master of
15 science degree program in speech-language pathology is hereby
16 authorized at Florida International University.
17 Section 184. Section 1004.39, Florida Statutes, is
18 created to read:
19 1004.39 College of law at Florida International
20 University.--
21 (1) A college of law is authorized at Florida
22 International University.
23 (2) The college of law at Florida International
24 University must be operated in compliance with the standards
25 approved by nationally recognized associations for accredited
26 colleges of law.
27 (3) The college of law at Florida International
28 University, to the extent consistent with the standards
29 required by the American Bar Association or any other
30 nationally recognized association for the accreditation of
31 colleges of law, shall develop a law library collection
462
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 utilizing electronic formats and mediums.
2 (4) The college of law at Florida International
3 University shall develop and institute a program that is
4 consistent with sound legal education principles as determined
5 by the American Bar Association or any other nationally
6 recognized association for the accreditation of colleges of
7 law and that, to the extent consistent with such sound legal
8 education principles, is structured to serve the legal needs
9 of traditionally underserved portions of the population by
10 providing an opportunity for participation in a legal clinic
11 program or pro bono legal service.
12 (5) The Florida International University Board of
13 Trustees shall commence the planning of a college of law at
14 Florida International University. In planning the college of
15 law, the Florida International University Board of Trustees
16 and the State Board of Education may accept grants, donations,
17 gifts, and moneys available for this purpose, including moneys
18 for planning and constructing the college. The Florida
19 International University Board of Trustees may procure and
20 accept any federal funds that are available for the planning,
21 creation, and establishment of the college of law. Classes
22 must commence by the fall semester 2003. If the American Bar
23 Association or any other nationally recognized association for
24 the accreditation of colleges of law issues a third
25 disapproval of an application for provisional approval or for
26 full approval or fails to grant, within 5 years following the
27 graduation of the first class, a provisional approval, to the
28 college of law at Florida International University, the State
29 Board of Education shall make recommendations to the Governor
30 and the Legislature as to whether the college of law will
31 cease operations at the end of the full academic year
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subsequent to the receipt by the college of law of any such
2 third disapproval, or whether the college of law will continue
3 operations and any conditions for continued operations. If the
4 college of law ceases operations pursuant to this section, the
5 following conditions apply:
6 (a) The authority for the college of law at Florida
7 International University and the authority of the Florida
8 International University Board of Trustees and the State Board
9 of Education provided in this section shall terminate upon the
10 cessation of operations of the college of law at Florida
11 International University. The college of law at Florida
12 International University shall receive no moneys allocated for
13 the planning, construction, or operation of the college of law
14 after its cessation of operations other than moneys to be
15 expended for the cessation of operations of the college of
16 law. Any moneys allocated to the college of law at Florida
17 International University not expended prior to or scheduled to
18 be expended after the date of the cessation of the college of
19 law shall be appropriated for other use by the Legislature of
20 the State of Florida.
21 (b) Any buildings of the college of law at Florida
22 International University constructed from the expenditure of
23 capital outlay funds appropriated by the Legislature shall be
24 owned by the Board of Trustees of the Internal Improvement
25 Trust Fund and managed by the Florida International University
26 Board of Trustees upon the cessation of the college of law.
27
28 Nothing in this section shall undermine commitments to current
29 students receiving support as of the date of the enactment of
30 this section from the law school scholarship program of the
31 Florida Education Fund as provided in s. 1009.70(8). Students
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 attending the college of law at Florida International
2 University shall be eligible for financial, academic, or other
3 support from the Florida Education Fund as provided in s.
4 1009.70(8) without the college's obtaining accreditation by
5 the American Bar Association.
6 (6) The college of law at Florida International
7 University shall be dedicated to providing opportunities for
8 minorities to attain representation within the legal
9 profession proportionate to their representation in the
10 general population; however, the college of law shall not
11 include preferences in the admissions process for applicants
12 on the basis of race, national origin, or gender.
13 Section 185. Section 1004.40, Florida Statutes, is
14 created to read:
15 1004.40 College of law at Florida Agricultural and
16 Mechanical University.--
17 (1) A college of law is authorized at Florida
18 Agricultural and Mechanical University.
19 (2) The college of law at Florida Agricultural and
20 Mechanical University must be operated in compliance with the
21 standards approved by nationally recognized associations for
22 accredited colleges of law.
23 (3) The college of law at Florida Agricultural and
24 Mechanical University, to the extent consistent with the
25 standards required by the American Bar Association or any
26 other nationally recognized association for the accreditation
27 of colleges of law, shall develop a law library collection
28 utilizing electronic formats and mediums.
29 (4) The college of law at Florida Agricultural and
30 Mechanical University shall develop and institute a program
31 that is consistent with sound legal education principles as
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 determined by the American Bar Association or any other
2 nationally recognized association for the accreditation of
3 colleges of law and that, to the extent consistent with such
4 sound legal education principles, is structured to serve the
5 legal needs of traditionally underserved portions of the
6 population by providing an opportunity for participation in a
7 legal clinic program or pro bono legal service.
8 (5) The Florida Agricultural and Mechanical University
9 Board of Trustees shall commence the planning of a college of
10 law under the auspices of Florida Agricultural and Mechanical
11 University to be located in the I-4 corridor area. In planning
12 the college of law, the Florida Agricultural and Mechanical
13 University Board of Trustees and the State Board of Education
14 may accept grants, donations, gifts, and moneys available for
15 this purpose, including moneys for planning and constructing
16 the college. The Florida Agricultural and Mechanical
17 University Board of Trustees may procure and accept any
18 federal funds that are available for the planning, creation,
19 and establishment of the college of law. Classes must commence
20 by the fall semester 2003. If the American Bar Association or
21 any other nationally recognized association for the
22 accreditation of colleges of law issues a third disapproval of
23 an application for provisional approval or for full approval
24 or fails to grant, within 5 years following the graduation of
25 the first class, a provisional approval, to the college of law
26 at Florida Agricultural and Mechanical University, the State
27 Board of Education shall make recommendations to the Governor
28 and Legislature as to whether the college of law will cease
29 operations at the end of the full academic year subsequent to
30 the receipt by the college of law of any such third
31 disapproval, or whether the college of law will continue
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 operations and any conditions for continued operations. If the
2 college of law ceases operations of the college of law
3 pursuant to this section, the following conditions apply:
4 (a) The authority for the college of law at Florida
5 Agricultural and Mechanical University and the authority of
6 the Florida Agricultural and Mechanical University Board of
7 Trustees and the State Board of Education provided in this
8 section shall terminate upon the cessation of operations of
9 the college of law at Florida Agricultural and Mechanical
10 University. The college of law at Florida Agricultural and
11 Mechanical University shall receive no moneys allocated for
12 the planning, construction, or operation of the college of law
13 after its cessation of operations other than moneys to be
14 expended for the cessation of operations of the college of
15 law. Any moneys allocated to the college of law at Florida
16 Agricultural and Mechanical University not expended prior to
17 or scheduled to be expended after the date of the cessation of
18 the college of law shall be appropriated for other use by the
19 Legislature of the State of Florida.
20 (b) Any buildings of the college of law at Florida
21 Agricultural and Mechanical University constructed from the
22 expenditure of capital outlay funds appropriated by the
23 Legislature shall be owned by the Board of Trustees of the
24 Internal Improvement Trust Fund and managed by the Florida
25 Agricultural and Mechanical University Board of Trustees upon
26 the cessation of the college of law.
27
28 Nothing in this section shall undermine commitments to current
29 students receiving support as of the date of the enactment of
30 this section from the law school scholarship program of the
31 Florida Education Fund as provided in s. 1009.70(8). Students
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 attending the college of law at Florida Agricultural and
2 Mechanical University shall be eligible for financial,
3 academic, or other support from the Florida Education Fund as
4 provided in s. 1009.70(8) without the college's obtaining
5 accreditation by the American Bar Association.
6 (6) The college of law at Florida Agricultural and
7 Mechanical University shall be dedicated to providing
8 opportunities for minorities to attain representation within
9 the legal profession proportionate to their representation in
10 the general population; however, the college of law shall not
11 include preferences in the admissions process for applicants
12 on the basis of race, national origin, or gender.
13 Section 186. Section 1004.41, Florida Statutes, is
14 created to read:
15 1004.41 University of Florida; J. Hillis Miller Health
16 Center.--
17 (1) There is established the J. Hillis Miller Health
18 Center at the University of Florida, including campuses at
19 Gainesville and Jacksonville and affiliated teaching
20 hospitals, which shall include the following colleges:
21 (a) College of Dentistry.
22 (b) College of Health Professions.
23 (c) College of Medicine.
24 (d) College of Nursing.
25 (e) College of Pharmacy.
26 (f) College of Veterinary Medicine and related
27 teaching hospitals.
28 (2) Each college of the health center shall be so
29 maintained and operated as to comply with the standards
30 approved by a nationally recognized association for
31 accreditation.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3)(a) The University of Florida Health Center
2 Operations and Maintenance Trust Fund shall be administered by
3 the University of Florida Board of Trustees. Funds shall be
4 credited to the trust fund from the sale of goods and services
5 performed by the University of Florida Veterinary Medicine
6 Teaching Hospital. The purpose of the trust fund is to support
7 the instruction, research, and service missions of the
8 University of Florida College of Veterinary Medicine.
9 (b) Notwithstanding the provisions of s. 216.301, and
10 pursuant to s. 216.351, any balance in the trust fund at the
11 end of any fiscal year shall remain in the trust fund and
12 shall be available for carrying out the purposes of the trust
13 fund.
14 (4)(a) The University of Florida Board of Trustees
15 shall lease the hospital facilities of the health center,
16 known as the Shands Teaching Hospital and Clinics on the
17 campus of the University of Florida and all furnishings,
18 equipment, and other chattels or choses in action used in the
19 operation of the hospital, to a private not-for-profit
20 corporation organized solely for the purpose of operating the
21 hospital and ancillary health care facilities of the health
22 center and other health care facilities and programs
23 determined to be necessary by the board of the nonprofit
24 corporation. The rental for the hospital facilities shall be
25 an amount equal to the debt service on bonds or revenue
26 certificates issued solely for capital improvements to the
27 hospital facilities or as otherwise provided by law.
28 (b) The University of Florida Board of Trustees shall
29 provide in the lease or by separate contract or agreement with
30 the not-for-profit corporation for the following:
31 1. Approval of the articles of incorporation of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 not-for-profit corporation by the University of Florida Board
2 of Trustees and the governance of the not-for-profit
3 corporation by a board of directors appointed and chaired by
4 the President of the University of Florida and vice-chaired by
5 the Vice President for Health Affairs of the University of
6 Florida.
7 2. The use of hospital facilities and personnel in
8 support of the research programs and of the teaching role of
9 the health center.
10 3. The continued recognition of the collective
11 bargaining units and collective bargaining agreements as
12 currently composed and recognition of the certified labor
13 organizations representing those units and agreements.
14 4. The use of hospital facilities and personnel in
15 connection with research programs conducted by the health
16 center.
17 5. Reimbursement to the hospital for indigent
18 patients, state-mandated programs, underfunded state programs,
19 and costs to the hospital for support of the teaching and
20 research programs of the health center. Such reimbursement
21 shall be appropriated to either the health center or the
22 hospital each year by the Legislature after review and
23 approval of the request for funds.
24 (c) The University of Florida Board of Trustees may,
25 with the approval of the Legislature, increase the hospital
26 facilities or remodel or renovate them, provided that the
27 rental paid by the hospital for such new, remodeled, or
28 renovated facilities is sufficient to amortize the costs
29 thereof over a reasonable period of time or fund the debt
30 service for any bonds or revenue certificates issued to
31 finance such improvements.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) The University of Florida Board of Trustees is
2 authorized to provide to the not-for-profit corporation
3 leasing the hospital facilities and its not-for-profit
4 subsidiaries comprehensive general liability insurance
5 including professional liability from a self-insurance trust
6 program established pursuant to s. 1004.24.
7 (e) In the event that the lease of the hospital
8 facilities to the not-for-profit corporation is terminated for
9 any reason, the University of Florida Board of Trustees shall
10 resume management and operation of the hospital facilities.
11 In such event, the Administration Commission is authorized to
12 appropriate revenues generated from the operation of the
13 hospital facilities to the University of Florida Board of
14 Trustees to pay the costs and expenses of operating the
15 hospital facility for the remainder of the fiscal year in
16 which such termination occurs.
17 (f) The University of Florida Board of Trustees is
18 authorized to provide to Shands Jacksonville Healthcare, Inc.,
19 and its not-for-profit subsidiaries and affiliates and any
20 successor corporation that acts in support of the board of
21 trustees, comprehensive general liability coverage, including
22 professional liability, from the self-insurance programs
23 established pursuant to s. 1004.24.
24 Section 187. Section 1004.42, Florida Statutes, is
25 created to read:
26 1004.42 Florida State University College of
27 Medicine.--
28 (1) CREATION.--There is hereby established a 4-year
29 allopathic medical school within the Florida State University,
30 to be known as the Florida State University College of
31 Medicine, with a principal focus on recruiting and training
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 medical professionals to meet the primary health care needs of
2 the state, especially the needs of the state's elderly, rural,
3 minority, and other underserved citizens.
4 (2) LEGISLATIVE INTENT.--It is the intent of the
5 Legislature that the Florida State University College of
6 Medicine represent a new model for the training of allopathic
7 physician healers for the citizens of the state. In accordance
8 with this intent, the governing philosophy of the College of
9 Medicine should include the training of students, in a humane
10 environment, in the scientific, clinical, and behavioral
11 practices required to deliver patient-centered health care.
12 Key components of the College of Medicine, which would build
13 on the foundation of the 30-year-old Florida State University
14 Program in Medical Sciences (PIMS), would include: admission
15 of diverse types of students who possess good communication
16 skills and are compassionate individuals, representative of
17 the population of the state; basic and behavioral sciences
18 training utilizing medical problem-based teaching; and
19 clinical training at several dispersed sites throughout the
20 state in existing community hospitals, clinics, and doctors'
21 offices. The Legislature further intends that study of the
22 aging human be a continuing focus throughout the 4-year
23 curriculum and that use of information technology be a key
24 component of all parts of the educational program.
25 (3) PURPOSE.--The College of Medicine shall be
26 dedicated to: preparing physicians to practice primary care,
27 geriatric, and rural medicine, to make appropriate use of
28 emerging technologies, and to function successfully in a
29 rapidly changing health care environment; advancing knowledge
30 in the applied biomedical and behavioral sciences, geriatric
31 research, autism, cancer, and chronic diseases; training
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 future scientists to assume leadership in health care delivery
2 and academic medicine; and providing access to medical
3 education for groups which are underrepresented in the medical
4 profession.
5 (4) TRANSITION; ORGANIZATIONAL STRUCTURE; ADMISSIONS
6 PROCESS.--The General Appropriations Act for fiscal year
7 1999-2000 included initial funding for facilities and
8 operations to provide a transition from the Program in Medical
9 Sciences (PIMS) to a College of Medicine at the Florida State
10 University. For transitional purposes, the Program in Medical
11 Sciences (PIMS) in the College of Arts and Sciences at the
12 Florida State University shall be reorganized and
13 restructured, as soon as practicable, as the Institute of
14 Human Medical Sciences. At such time as the 4-year educational
15 program development is underway and a sufficient number of
16 basic and behavioral sciences and clinical faculty are
17 recruited, the Institute of Human Medical Sciences shall
18 evolve into the Florida State University College of Medicine,
19 with appropriate departments. The current admissions procedure
20 utilized by the Program in Medical Sciences (PIMS) shall
21 provide the basis for the design of an admissions process for
22 the College of Medicine, with selection criteria that focus on
23 identifying future primary care physicians who have
24 demonstrated interest in serving underserved areas. Enrollment
25 levels at the College of Medicine are planned to not exceed
26 120 students per class, and shall be phased in from 30
27 students in the Program in Medical Sciences (PIMS), to 40
28 students admitted to the College of Medicine as the charter
29 class in Fall 2001, and 20 additional students admitted to the
30 College of Medicine in each class thereafter until the maximum
31 class size is reached.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) PARTNER ORGANIZATIONS FOR CLINICAL INSTRUCTION;
2 GRADUATE PROGRAMS.--To provide broad-based clinical
3 instruction in both rural and urban settings for students in
4 the community-based medical education program, the College of
5 Medicine, through creation of nonprofit corporations, shall
6 seek affiliation agreements with health care systems and
7 organizations, local hospitals, medical schools, and military
8 health care facilities in the following targeted communities:
9 Pensacola, Tallahassee, Orlando, Sarasota, Jacksonville, and
10 the rural areas of the state. Selected hospitals in the target
11 communities include, but are not limited to, the following:
12 (a) Baptist Health Care in Pensacola.
13 (b) Sacred Heart Health System in Pensacola.
14 (c) West Florida Regional Medical Center in Pensacola.
15 (d) Tallahassee Memorial Healthcare in Tallahassee.
16 (e) Florida Hospital Health System in Orlando.
17 (f) Sarasota Memorial Health Care System in Sarasota.
18 (g) Mayo Clinic in Jacksonville.
19 (h) Lee Memorial Health System, Inc., in Fort Myers.
20 (i) Rural hospitals in the state.
21
22 The College of Medicine shall also explore all alternatives
23 for cooperation with established graduate medical education
24 programs in the state to develop a plan to retain its
25 graduates in residency programs in Florida.
26 (6) ACCREDITATION.--The College of Medicine shall
27 develop a program which conforms to the accreditation
28 standards of the Liaison Committee on Medical Education
29 (LCME).
30 (7) CURRICULA; CLINICAL ROTATION TRAINING SITES.--
31 (a) The preclinical curriculum shall draw on the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida State University's Program in Medical Sciences (PIMS)
2 experience and national trends in basic and behavioral
3 sciences instruction, including use of technology for
4 distributed and distance learning. First-year instruction
5 shall include a lecture mode and problem-based learning. In
6 the second year, a small-group, problem-based learning
7 approach shall provide more advanced treatment of each
8 academic subject in a patient-centered context. Various
9 short-term clinical exposures shall be programmed throughout
10 the preclinical years, including rural, geriatric, and
11 minority health, and contemporary practice patterns in these
12 areas.
13 (b) During the third and fourth years, the curriculum
14 shall follow a distributed, community-based model with a
15 special focus on rural health. Subgroups of students shall be
16 assigned to clinical rotation training sites in local
17 communities in roughly equal numbers, as follows:
18 1. Group 1 - Tallahassee.
19 2. Group 2 - Pensacola.
20 3. Group 3 - Orlando.
21 4. Group 4 - Sarasota.
22 5. Group 5 - Jacksonville.
23 6. Group 6 - To be determined prior to 2005, based on
24 emerging state needs.
25 7. Group 7 - Rural Physician Associate Program (RPAP).
26 (8) MEDICAL NEEDS OF THE ELDERLY.--The College of
27 Medicine shall develop a comprehensive program to ensure
28 training in the medical needs of the elderly and incorporate
29 principles embodied in the curriculum guidelines of the
30 American Geriatric Society. The College of Medicine shall
31 have as one of its primary missions the improvement of medical
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education for physicians who will treat elder citizens. To
2 accomplish this mission, the College of Medicine shall
3 establish an academic leadership position in geriatrics,
4 create an external elder care advisory committee, and
5 implement an extensive faculty development plan. For student
6 recruitment purposes, the current Program in Medical Sciences
7 (PIMS) selection criteria shall be expanded to include
8 consideration of students who have expressed an interest in
9 elder care and who have demonstrated, through life choices, a
10 commitment to serve older persons.
11 (9) MEDICAL NEEDS OF UNDERSERVED AREAS.--To address
12 the medical needs of the state's rural and underserved
13 populations, the College of Medicine shall develop a
14 Department of Family Medicine with a significant rural
15 training track that provides students with early and frequent
16 clinical experiences in community-based settings to train and
17 produce highly skilled primary care physicians. The College
18 of Medicine shall consider developing new, rural-based family
19 practice clinical training programs and shall establish a
20 partnership with the West Florida Area Health Education Center
21 to assist in developing partnerships and programs to provide
22 incentives and support for physicians to practice in primary
23 care, geriatric, and rural medicine in underserved areas of
24 the state.
25 (10) INCREASING PARTICIPATION OF UNDERREPRESENTED
26 GROUPS.--To increase the participation of underrepresented
27 groups and socially and economically disadvantaged youth in
28 science and medical programs, the College of Medicine shall
29 continue the outreach efforts of the Program in Medical
30 Sciences (PIMS) to middle and high school minority students,
31 including the Science Students Together Reaching Instructional
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Diversity and Excellence (SSTRIDE), and shall build an
2 endowment income to support recruitment programs and
3 scholarship and financial aid packages for these students. To
4 develop a base of qualified potential medical school
5 candidates from underrepresented groups, the College of
6 Medicine shall coordinate with the undergraduate premedical
7 and science programs currently offered at the Florida State
8 University, develop relationships with potential feeder
9 institutions, including 4-year institutions and community
10 colleges, and pursue grant funds to support programs, as well
11 as support scholarship and financial aid packages. The College
12 of Medicine shall develop plans for a postbaccalaureate,
13 1-year academic program that provides a second chance to a
14 limited number of students per year who have been declined
15 medical school admission, who are state residents, and who
16 meet established criteria as socially and economically
17 disadvantaged. The College of Medicine shall make every
18 effort, through recruitment and retention, to employ a faculty
19 and support staff that reflect the heterogeneous nature of the
20 state's general population.
21 (11) TECHNOLOGY.--To create technology-rich learning
22 environments, the College of Medicine shall build on the
23 considerable infrastructure that already supports the many
24 technology resources of the Florida State University and shall
25 expand the infrastructure to conduct an effective medical
26 education program, including connectivity between the main
27 campus, community-based training locations, and rural clinic
28 locations. Additional technology programs shall include
29 extensive professional development opportunities for faculty;
30 an on-line library of academic and medical resources for
31 students, faculty, and community preceptors; and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 technology-sharing agreements with other medical schools to
2 allow for the exchange of technology applications among
3 medical school faculty for the purpose of enhancing medical
4 education. The College of Medicine shall explore the
5 opportunities afforded by Mayo Clinic in Jacksonville through
6 clerkships, visiting professors or lectures through the
7 existing telecommunications systems, and collaboration in
8 research activities at the Mayo Clinic's Jacksonville campus.
9 (12) ADMINISTRATION; FACULTY.--Each of the major
10 community-based clinical rotation training sites described in
11 subsection (7) shall have a community dean and a student
12 affairs/administrative officer. Teaching faculty for the
13 community-based clinical training component shall be community
14 physicians serving part-time appointments. Sixty faculty
15 members shall be recruited to serve in the basic and
16 behavioral sciences department. The College of Medicine shall
17 have a small core staff of on-campus, full-time faculty and
18 administrators at the Florida State University, including a
19 dean, a senior associate dean for educational programs, an
20 associate dean for clinical education, a chief
21 financial/administrative officer, an admissions/student
22 affairs officer, an instructional resources coordinator, a
23 coordinator for graduate and continuing medical education, and
24 several mission focus coordinators.
25 (13) COLLABORATION WITH OTHER PROFESSIONALS.--To
26 provide students with the skills, knowledge, and values needed
27 to practice medicine in the evolving national system of health
28 care delivery, the College of Medicine shall fully integrate
29 modern health care delivery concepts into its curriculum. For
30 this purpose, the College of Medicine shall develop a
31 partnership with one or more health care organizations in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 state and shall recruit faculty with strong health care
2 delivery competencies. Faculty from other disciplines at the
3 Florida State University shall be utilized to develop
4 team-based approaches to core competencies in the delivery of
5 health care.
6 (14) INDEMNIFICATION FROM LIABILITY.--This section
7 shall be construed to authorize the Florida State University
8 Board of Trustees to negotiate and purchase policies of
9 insurance to indemnify from any liability those individuals or
10 entities providing sponsorship or training to the students of
11 the medical school, professionals employed by the medical
12 school, and students of the medical school.
13 Section 188. Section 1004.43, Florida Statutes, is
14 created to read:
15 1004.43 H. Lee Moffitt Cancer Center and Research
16 Institute.--There is established the H. Lee Moffitt Cancer
17 Center and Research Institute at the University of South
18 Florida.
19 (1) The State Board of Education shall enter into an
20 agreement for the utilization of the facilities on the campus
21 of the University of South Florida to be known as the H. Lee
22 Moffitt Cancer Center and Research Institute, including all
23 furnishings, equipment, and other chattels used in the
24 operation of said facilities, with a Florida not-for-profit
25 corporation organized solely for the purpose of governing and
26 operating the H. Lee Moffitt Cancer Center and Research
27 Institute. This not-for-profit corporation, acting as an
28 instrumentality of the State of Florida, shall govern and
29 operate the H. Lee Moffitt Cancer Center and Research
30 Institute in accordance with the terms of the agreement
31 between the State Board of Education and the not-for-profit
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 corporation. The not-for-profit corporation may, with the
2 prior approval of the State Board of Education, create
3 not-for-profit corporate subsidiaries to fulfill its mission.
4 The not-for-profit corporation and its subsidiaries are
5 authorized to receive, hold, invest, and administer property
6 and any moneys received from private, local, state, and
7 federal sources, as well as technical and professional income
8 generated or derived from practice activities of the
9 institute, for the benefit of the institute and the
10 fulfillment of its mission. The affairs of the corporation
11 shall be managed by a board of directors who shall serve
12 without compensation. The President of the University of
13 South Florida and the chair of the State Board of Education,
14 or his or her designee, shall be directors of the
15 not-for-profit corporation, together with 5 representatives of
16 the state universities and no more than 14 nor fewer than 10
17 directors who are not medical doctors or state employees.
18 Each director shall have only one vote, shall serve a term of
19 3 years, and may be reelected to the board. Other than the
20 President of the University of South Florida and the chair of
21 the State Board of Education, directors shall be elected by a
22 majority vote of the board. The chair of the board of
23 directors shall be selected by majority vote of the directors.
24 (2) The State Board of Education shall provide in the
25 agreement with the not-for-profit corporation for the
26 following:
27 (a) Approval of the articles of incorporation of the
28 not-for-profit corporation by the State Board of Education.
29 (b) Approval of the articles of incorporation of any
30 not-for-profit corporate subsidiary created by the
31 not-for-profit corporation.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) Utilization of hospital facilities and personnel
2 by the not-for-profit corporation and its subsidiaries for
3 mutually approved teaching and research programs conducted by
4 the University of South Florida or other accredited medical
5 schools or research institutes.
6 (d) Preparation of an annual financial audit of the
7 not-for-profit corporation's accounts and records and the
8 accounts and records of any subsidiaries to be conducted by an
9 independent certified public accountant. The annual audit
10 report shall include a management letter, as defined in s.
11 11.45, and shall be submitted to the Auditor General and the
12 State Board of Education. The State Board of Education, the
13 Auditor General, and the Office of Program Policy Analysis and
14 Government Accountability shall have the authority to require
15 and receive from the not-for-profit corporation and any
16 subsidiaries or from their independent auditor any detail or
17 supplemental data relative to the operation of the
18 not-for-profit corporation or subsidiary.
19 (e) Provision by the not-for-profit corporation and
20 its subsidiaries of equal employment opportunities to all
21 persons regardless of race, color, religion, sex, age, or
22 national origin.
23 (3) The State Board of Education is authorized to
24 secure comprehensive general liability protection, including
25 professional liability protection, for the not-for-profit
26 corporation and its subsidiaries pursuant to s. 1004.24.
27 (4) In the event that the agreement between the
28 not-for-profit corporation and the State Board of Education is
29 terminated for any reason, the State Board of Education shall
30 resume governance and operation of said facilities.
31 (5) The institute shall be administered by a chief
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 executive officer who shall serve at the pleasure of the board
2 of directors of the not-for-profit corporation and who shall
3 have the following powers and duties subject to the approval
4 of the board of directors:
5 (a) The chief executive officer shall establish
6 programs which fulfill the mission of the institute in
7 research, education, treatment, prevention, and the early
8 detection of cancer; however, the chief executive officer
9 shall not establish academic programs for which academic
10 credit is awarded and which terminate in the conference of a
11 degree without prior approval of the State Board of Education.
12 (b) The chief executive officer shall have control
13 over the budget and the dollars appropriated or donated to the
14 institute from private, local, state, and federal sources, as
15 well as technical and professional income generated or derived
16 from practice activities of the institute. However,
17 professional income generated by university faculty from
18 practice activities at the institute shall be shared between
19 the institute and the university as determined by the chief
20 executive officer and the appropriate university dean or vice
21 president.
22 (c) The chief executive officer shall appoint members
23 to carry out the research, patient care, and educational
24 activities of the institute and determine compensation,
25 benefits, and terms of service. Members of the institute
26 shall be eligible to hold concurrent appointments at
27 affiliated academic institutions. University faculty shall be
28 eligible to hold concurrent appointments at the institute.
29 (d) The chief executive officer shall have control
30 over the use and assignment of space and equipment within the
31 facilities.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (e) The chief executive officer shall have the power
2 to create the administrative structure necessary to carry out
3 the mission of the institute.
4 (f) The chief executive officer shall have a reporting
5 relationship to the Commissioner of Education.
6 (g) The chief executive officer shall provide a copy
7 of the institute's annual report to the Governor and Cabinet,
8 the President of the Senate, the Speaker of the House of
9 Representatives, and the chair of the State Board of
10 Education.
11 (6) The board of directors of the not-for-profit
12 corporation shall create a council of scientific advisers to
13 the chief executive officer comprised of leading researchers,
14 physicians, and scientists. This council shall review programs
15 and recommend research priorities and initiatives so as to
16 maximize the state's investment in the institute. The council
17 shall be appointed by the board of directors of the
18 not-for-profit corporation and shall include five appointees
19 of the State Board of Education. Each member of the council
20 shall be appointed to serve a 2-year term and may be
21 reappointed to the council.
22 (7) In carrying out the provisions of this section,
23 the not-for-profit corporation and its subsidiaries are not
24 "agencies" within the meaning of s. 20.03(11).
25 (8)(a) Records of the not-for-profit corporation and
26 of its subsidiaries are public records unless made
27 confidential or exempt by law.
28 (b) Proprietary confidential business information is
29 confidential and exempt from the provisions of s. 119.07(1)
30 and s. 24(a), Art. I of the State Constitution. However, the
31 Auditor General, the Office of Program Policy Analysis and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Government Accountability, and the State Board of Education,
2 pursuant to their oversight and auditing functions, must be
3 given access to all proprietary confidential business
4 information upon request and without subpoena and must
5 maintain the confidentiality of information so received. As
6 used in this paragraph, the term "proprietary confidential
7 business information" means information, regardless of its
8 form or characteristics, which is owned or controlled by the
9 not-for-profit corporation or its subsidiaries; is intended to
10 be and is treated by the not-for-profit corporation or its
11 subsidiaries as private and the disclosure of which would harm
12 the business operations of the not-for-profit corporation or
13 its subsidiaries; has not been intentionally disclosed by the
14 corporation or its subsidiaries unless pursuant to law, an
15 order of a court or administrative body, a legislative
16 proceeding pursuant to s. 5, Art. III of the State
17 Constitution, or a private agreement that provides that the
18 information may be released to the public; and which is
19 information concerning:
20 1. Internal auditing controls and reports of internal
21 auditors;
22 2. Matters reasonably encompassed in privileged
23 attorney-client communications;
24 3. Contracts for managed-care arrangements, including
25 preferred provider organization contracts, health maintenance
26 organization contracts, and exclusive provider organization
27 contracts, and any documents directly relating to the
28 negotiation, performance, and implementation of any such
29 contracts for managed-care arrangements;
30 4. Bids or other contractual data, banking records,
31 and credit agreements the disclosure of which would impair the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 efforts of the not-for-profit corporation or its subsidiaries
2 to contract for goods or services on favorable terms;
3 5. Information relating to private contractual data,
4 the disclosure of which would impair the competitive interest
5 of the provider of the information;
6 6. Corporate officer and employee personnel
7 information;
8 7. Information relating to the proceedings and records
9 of credentialing panels and committees and of the governing
10 board of the not-for-profit corporation or its subsidiaries
11 relating to credentialing;
12 8. Minutes of meetings of the governing board of the
13 not-for-profit corporation and its subsidiaries, except
14 minutes of meetings open to the public pursuant to subsection
15 (9);
16 9. Information that reveals plans for marketing
17 services that the corporation or its subsidiaries reasonably
18 expect to be provided by competitors;
19 10. Trade secrets as defined in s. 688.002, including
20 reimbursement methodologies or rates; or
21 11. The identity of donors or prospective donors of
22 property who wish to remain anonymous or any information
23 identifying such donors or prospective donors. The anonymity
24 of these donors or prospective donors must be maintained in
25 the auditor's report.
26
27 As used in this paragraph, the term "managed care" means
28 systems or techniques generally used by third-party payors or
29 their agents to affect access to and control payment for
30 health care services. Managed-care techniques most often
31 include one or more of the following: prior, concurrent, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 retrospective review of the medical necessity and
2 appropriateness of services or site of services; contracts
3 with selected health care providers; financial incentives or
4 disincentives related to the use of specific providers,
5 services, or service sites; controlled access to and
6 coordination of services by a case manager; and payor efforts
7 to identify treatment alternatives and modify benefit
8 restrictions for high-cost patient care.
9 (9) Meetings of the governing board of the
10 not-for-profit corporation and meetings of the subsidiaries of
11 the not-for-profit corporation at which the expenditure of
12 dollars appropriated to the not-for-profit corporation by the
13 state are discussed or reported must remain open to the public
14 in accordance with s. 286.011 and s. 24(b), Art. I of the
15 State Constitution, unless made confidential or exempt by law.
16 Other meetings of the governing board of the not-for-profit
17 corporation and of the subsidiaries of the not-for-profit
18 corporation are exempt from s. 286.011 and s. 24(b), Art. I of
19 the State Constitution.
20 Section 189. Section 1004.435, Florida Statutes, is
21 created to read:
22 1004.435 Cancer control and research.--
23 (1) SHORT TITLE.--This section shall be known and may
24 be cited as the "Cancer Control and Research Act."
25 (2) LEGISLATIVE INTENT.--It is the finding of the
26 Legislature that:
27 (a) Advances in scientific knowledge have led to the
28 development of preventive and therapeutic capabilities in the
29 control of cancer. Such knowledge and therapy must be made
30 available to all citizens of this state through educational
31 and therapeutic programs.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) The present state of our knowledge concerning the
2 prevalence, cause or associated factors, and treatment of
3 cancer have resulted primarily from a vast federal investment
4 into basic and clinical research, some of which is expended in
5 this state. These research activities must continue, but
6 programs must be established to extend this knowledge in
7 preventive measures and patient treatment throughout the
8 state.
9 (c) Research in cancer has implicated the environment
10 as a causal factor for many types of cancer, i.e., sunshine, X
11 rays, diet, smoking, etc., and programs are needed to further
12 document such cause and effect relationships. Proven causes
13 of cancer should be publicized and be the subject of
14 educational programs for the prevention of cancer.
15 (d) An effective cancer control program would mobilize
16 the scientific, educational, and medical resources that
17 presently exist into an intense attack against this dread
18 disease.
19 (3) DEFINITIONS.--The following words and phrases when
20 used in this section have, unless the context clearly
21 indicates otherwise, the meanings given to them in this
22 subsection:
23 (a) "Cancer" means all malignant neoplasms, regardless
24 of the tissue of origin, including lymphoma and leukemia.
25 (b) "Council" means the Florida Cancer Control and
26 Research Advisory Council, which is an advisory body appointed
27 to function on a continuing basis for the study of cancer and
28 which recommends solutions and policy alternatives to the
29 State Board of Education and the secretary and which is
30 established by this section.
31 (c) "Department" means the Department of Health.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) "Fund" means the Florida Cancer Control and
2 Research Fund established by this section.
3 (e) "Qualified nonprofit association" means any
4 association, incorporated or unincorporated, that has received
5 tax-exempt status from the Internal Revenue Service.
6 (f) "Secretary" means the Secretary of Health.
7 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY
8 COUNCIL; CREATION; COMPOSITION.--
9 (a) There is created within the H. Lee Moffitt Cancer
10 Center and Research Institute, Inc., the Florida Cancer
11 Control and Research Advisory Council. The council shall
12 consist of 35 members, which includes the chairperson, all of
13 whom must be residents of this state. All members, except
14 those appointed by the Speaker of the House of Representatives
15 and the President of the Senate, must be appointed by the
16 Governor. At least one of the members appointed by the
17 Governor must be 60 years of age or older. One member must be
18 a representative of the American Cancer Society; one member
19 must be a representative of the Florida Tumor Registrars
20 Association; one member must be a representative of the
21 Sylvester Comprehensive Cancer Center of the University of
22 Miami; one member must be a representative of the Department
23 of Health; one member must be a representative of the
24 University of Florida Shands Cancer Center; one member must be
25 a representative of the Agency for Health Care Administration;
26 one member must be a representative of the Florida Nurses
27 Association; one member must be a representative of the
28 Florida Osteopathic Medical Association; one member must be a
29 representative of the American College of Surgeons; one member
30 must be a representative of the School of Medicine of the
31 University of Miami; one member must be a representative of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the College of Medicine of the University of Florida; one
2 member must be a representative of NOVA Southeastern College
3 of Osteopathic Medicine; one member must be a representative
4 of the College of Medicine of the University of South Florida;
5 one member must be a representative of the College of Public
6 Health of the University of South Florida; one member must be
7 a representative of the Florida Society of Clinical Oncology;
8 one member must be a representative of the Florida Obstetric
9 and Gynecologic Society who has had training in the specialty
10 of gynecologic oncology; one member must be a representative
11 of the Florida Medical Association; one member must be a
12 member of the Florida Pediatric Society; one member must be a
13 representative of the Florida Radiological Society; one member
14 must be a representative of the Florida Society of
15 Pathologists; one member must be a representative of the H.
16 Lee Moffitt Cancer Center and Research Institute, Inc.; three
17 members must be representatives of the general public acting
18 as consumer advocates; one member must be a member of the
19 House of Representatives appointed by the Speaker of the House
20 of Representatives; one member must be a member of the Senate
21 appointed by the President of the Senate; one member must be a
22 representative of the Department of Education; one member must
23 be a representative of the Florida Dental Association; one
24 member must be a representative of the Florida Hospital
25 Association; one member must be a representative of the
26 Association of Community Cancer Centers; one member shall be a
27 representative from a statutory teaching hospital affiliated
28 with a community-based cancer center; one member must be a
29 representative of the Florida Association of Pediatric Tumor
30 Programs, Inc.; one member must be a representative of the
31 Cancer Information Service; one member must be a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 representative of the Florida Agricultural and Mechanical
2 University Institute of Public Health; and one member must be
3 a representative of the Florida Society of Oncology Social
4 Workers. Of the members of the council appointed by the
5 Governor, at least 10 must be individuals who are minority
6 persons as defined by s. 288.703(3).
7 (b) The terms of the members shall be 4 years from
8 their respective dates of appointment.
9 (c) A chairperson shall be appointed by the Governor
10 for a term of 2 years. The chairperson shall appoint an
11 executive committee of no fewer than three persons to serve at
12 the pleasure of the chairperson. This committee will prepare
13 material for the council but make no final decisions.
14 (d) The council shall meet no less than semiannually
15 at the call of the chairperson or, in his or her absence or
16 incapacity, at the call of the secretary. Sixteen members
17 constitute a quorum for the purpose of exercising all of the
18 powers of the council. A vote of the majority of the members
19 present is sufficient for all actions of the council.
20 (e) The council members shall serve without pay.
21 Pursuant to the provisions of s. 112.061, the council members
22 may be entitled to be reimbursed for per diem and travel
23 expenses.
24 (f) No member of the council shall participate in any
25 discussion or decision to recommend grants or contracts to any
26 qualified nonprofit association or to any agency of this state
27 or its political subdivisions with which the member is
28 associated as a member of the governing body or as an employee
29 or with which the member has entered into a contractual
30 arrangement.
31 (g) The council may prescribe, amend, and repeal
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 bylaws governing the manner in which the business of the
2 council is conducted.
3 (h) The council shall advise the State Board of
4 Education, the secretary, and the Legislature with respect to
5 cancer control and research in this state.
6 (i) The council shall approve each year a program for
7 cancer control and research to be known as the "Florida Cancer
8 Plan" which shall be consistent with the State Health Plan and
9 integrated and coordinated with existing programs in this
10 state.
11 (j) The council shall formulate and recommend to the
12 secretary a plan for the care and treatment of persons
13 suffering from cancer and recommend the establishment of
14 standard requirements for the organization, equipment, and
15 conduct of cancer units or departments in hospitals and
16 clinics in this state. The council may recommend to the
17 secretary the designation of cancer units following a survey
18 of the needs and facilities for treatment of cancer in the
19 various localities throughout the state. The secretary shall
20 consider the plan in developing departmental priorities and
21 funding priorities and standards under chapter 395.
22 (k) The council is responsible for including in the
23 Florida Cancer Plan recommendations for the coordination and
24 integration of medical, nursing, paramedical, lay, and other
25 plans concerned with cancer control and research. Committees
26 shall be formed by the council so that the following areas
27 will be established as entities for actions:
28 1. Cancer plan evaluation: tumor registry, data
29 retrieval systems, and epidemiology of cancer in the state and
30 its relation to other areas.
31 2. Cancer prevention.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 3. Cancer detection.
2 4. Cancer patient management: treatment,
3 rehabilitation, terminal care, and other patient-oriented
4 activities.
5 5. Cancer education: lay and professional.
6 6. Unproven methods of cancer therapy: quackery and
7 unorthodox therapies.
8 7. Investigator-initiated project research.
9 (l) In order to implement in whole or in part the
10 Florida Cancer Plan, the council shall recommend to the State
11 Board of Education or the secretary the awarding of grants and
12 contracts to qualified profit or nonprofit associations or
13 governmental agencies in order to plan, establish, or conduct
14 programs in cancer control or prevention, cancer education and
15 training, and cancer research.
16 (m) If funds are specifically appropriated by the
17 Legislature, the council shall develop or purchase
18 standardized written summaries, written in layperson's terms
19 and in language easily understood by the average adult
20 patient, informing actual and high-risk breast cancer
21 patients, prostate cancer patients, and men who are
22 considering prostate cancer screening of the medically viable
23 treatment alternatives available to them in the effective
24 management of breast cancer and prostate cancer; describing
25 such treatment alternatives; and explaining the relative
26 advantages, disadvantages, and risks associated therewith.
27 The breast cancer summary, upon its completion, shall be
28 printed in the form of a pamphlet or booklet and made
29 continuously available to physicians and surgeons in this
30 state for their use in accordance with s. 458.324 and to
31 osteopathic physicians in this state for their use in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 accordance with s. 459.0125. The council shall periodically
2 update both summaries to reflect current standards of medical
3 practice in the treatment of breast cancer and prostate
4 cancer. The council shall develop and implement educational
5 programs, including distribution of the summaries developed or
6 purchased under this paragraph, to inform citizen groups,
7 associations, and voluntary organizations about early
8 detection and treatment of breast cancer and prostate cancer.
9 (n) The council shall have the responsibility to
10 advise the State Board of Education and the secretary on
11 methods of enforcing and implementing laws already enacted and
12 concerned with cancer control, research, and education.
13 (o) The council may recommend to the State Board of
14 Education or the secretary rules not inconsistent with law as
15 it may deem necessary for the performance of its duties and
16 the proper administration of this section.
17 (p) The council shall formulate and put into effect a
18 continuing educational program for the prevention of cancer
19 and its early diagnosis and disseminate to hospitals, cancer
20 patients, and the public information concerning the proper
21 treatment of cancer.
22 (q) The council shall be physically located at the H.
23 Lee Moffitt Cancer Center and Research Institute, Inc., at the
24 University of South Florida.
25 (r) On February 15 of each year, the council shall
26 report to the Governor and to the Legislature.
27 (5) RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION,
28 THE H. LEE MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC.,
29 AND THE SECRETARY.--
30 (a) The State Board of Education or the secretary,
31 after consultation with the council, shall award grants and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 contracts to qualified nonprofit associations and governmental
2 agencies in order to plan, establish, or conduct programs in
3 cancer control and prevention, cancer education and training,
4 and cancer research.
5 (b) The H. Lee Moffitt Cancer Center and Research
6 Institute, Inc., shall provide such staff, information, and
7 other assistance as reasonably necessary for the completion of
8 the responsibilities of the council.
9 (c) The State Board of Education or the secretary,
10 after consultation with the council, may adopt rules necessary
11 for the implementation of this section.
12 (d) The secretary, after consultation with the
13 council, shall make rules specifying to what extent and on
14 what terms and conditions cancer patients of the state may
15 receive financial aid for the diagnosis and treatment of
16 cancer in any hospital or clinic selected. The department may
17 furnish to citizens of this state who are afflicted with
18 cancer financial aid to the extent of the appropriation
19 provided for that purpose in a manner which in its opinion
20 will afford the greatest benefit to those afflicted and may
21 make arrangements with hospitals, laboratories, or clinics to
22 afford proper care and treatment for cancer patients in this
23 state.
24 (6) FLORIDA CANCER CONTROL AND RESEARCH FUND.--
25 (a) There is created the Florida Cancer Control and
26 Research Fund consisting of funds appropriated therefor from
27 the General Revenue Fund and any gifts, grants, or funds
28 received from other sources.
29 (b) The fund shall be used exclusively for grants and
30 contracts to qualified nonprofit associations or governmental
31 agencies for the purpose of cancer control and prevention,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 cancer education and training, cancer research, and all
2 expenses incurred in connection with the administration of
3 this section and the programs funded through the grants and
4 contracts authorized by the State Board of Education or the
5 secretary.
6 Section 190. Section 1004.44, Florida Statutes, is
7 created to read:
8 1004.44 Louis de la Parte Florida Mental Health
9 Institute.--There is established the Louis de la Parte Florida
10 Mental Health Institute within the University of South
11 Florida.
12 (1) The purpose of the institute is to strengthen
13 mental health services throughout the state by providing
14 technical assistance and support services to mental health
15 agencies and mental health professionals. Such assistance and
16 services shall include:
17 (a) Technical training and specialized education.
18 (b) Development, implementation, and evaluation of
19 mental health service programs.
20 (c) Evaluation of availability and effectiveness of
21 existing mental health services.
22 (d) Analysis of factors that influence the incidence
23 and prevalence of mental and emotional disorders.
24 (e) Dissemination of information about innovations in
25 mental health services.
26 (f) Consultation on all aspects of program development
27 and implementation.
28 (g) Provisions for direct client services, provided
29 for a limited period of time either in the institute facility
30 or in other facilities within the state, and limited to
31 purposes of research or training.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) The Department of Children and Family Services is
2 authorized to designate the Louis de la Parte Florida Mental
3 Health Institute a treatment facility for the purpose of
4 accepting voluntary and involuntary clients in accordance with
5 institute programs. Clients to be admitted are exempted from
6 prior screening by a community mental health center.
7 (3) The institute may provide direct services in
8 coordination with other agencies. The institute may also
9 provide support services to state agencies through joint
10 programs, collaborative agreements, contracts, and grants.
11 (4) The institute shall operate under the authority of
12 the President of the University of South Florida and shall
13 employ a mental health professional as director. The director
14 shall hold a faculty appointment in a university's college or
15 department related to mental health within the university.
16 The director has primary responsibility for establishing
17 active liaisons with the community of mental health
18 professionals and other related constituencies in the state
19 and may, with approval of the university president, establish
20 appropriate statewide advisory groups to assist in developing
21 these communication links.
22 Section 191. Section 1004.445, Florida Statutes, is
23 created to read:
24 1004.445 Florida Alzheimer's Center and Research
25 Institute.--
26 (1) There is established the Florida Alzheimer's
27 Center and Research Institute at the University of South
28 Florida.
29 (2)(a) The State Board of Education shall enter into
30 an agreement for the utilization of the facilities on the
31 campus of the University of South Florida to be known as the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida Alzheimer's Center and Research Institute, including
2 all furnishings, equipment, and other chattels used in the
3 operation of said facilities, with a Florida not-for-profit
4 corporation organized solely for the purpose of governing and
5 operating the Florida Alzheimer's Center and Research
6 Institute. This not-for-profit corporation, acting as an
7 instrumentality of the state, shall govern and operate the
8 Florida Alzheimer's Center and Research Institute in
9 accordance with the terms of the agreement between the State
10 Board of Education and the not-for-profit corporation. The
11 not-for-profit corporation may, with the prior approval of the
12 State Board of Education, create not-for-profit corporate
13 subsidiaries to fulfill its mission. The not-for-profit
14 corporation and its subsidiaries are authorized to receive,
15 hold, invest, and administer property and any moneys received
16 from private, local, state, and federal sources, as well as
17 technical and professional income generated or derived from
18 practice activities of the institute, for the benefit of the
19 institute and the fulfillment of its mission.
20 (b)1. The affairs of the not-for-profit corporation
21 shall be managed by a board of directors who shall serve
22 without compensation. The board of directors shall consist of
23 the President of the University of South Florida and the chair
24 of the State Board of Education, or their designees, five
25 representatives of the state universities, and no fewer than
26 nine nor more than 14 representatives of the public who are
27 neither medical doctors nor state employees. Each director
28 who is a representative of a state university or of the public
29 shall serve a term of 3 years. The chair of the board of
30 directors shall be selected by a majority vote of the
31 directors. Each director shall have only one vote.
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Amendment No. ___ (for drafter's use only)
1 2. The initial board of directors shall consist of the
2 President of the University of South Florida and the chair of
3 the State Board of Education, or their designees; the five
4 university representatives, of whom one shall be appointed by
5 the Governor, two by the President of the Senate, and two by
6 the Speaker of the House of Representatives; and nine public
7 representatives, of whom three shall be appointed by the
8 Governor, three by the President of the Senate, and three by
9 the Speaker of the House of Representatives. Upon the
10 expiration of the terms of the initial appointed directors,
11 all directors subject to 3-year terms of office under this
12 paragraph shall be elected by a majority vote of the directors
13 and the board may be expanded to include additional public
14 representative directors up to the maximum number allowed.
15 Any vacancy in office shall be filled for the remainder of the
16 term by majority vote of the directors. Any director may be
17 reelected.
18 (3) The State Board of Education shall provide in the
19 agreement with the not-for-profit corporation for the
20 following:
21 (a) Approval by the State Board of Education of the
22 articles of incorporation of the not-for-profit corporation.
23 (b) Approval by the State Board of Education of the
24 articles of incorporation of any not-for-profit corporate
25 subsidiary created by the not-for-profit corporation.
26 (c) Utilization of hospital facilities and personnel
27 by the not-for-profit corporation and its subsidiaries for
28 mutually approved teaching and research programs conducted by
29 the University of South Florida or other accredited medical
30 schools or research institutes.
31 (d) Preparation of an annual postaudit of the
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 not-for-profit corporation's financial accounts and the
2 financial accounts of any subsidiaries to be conducted by an
3 independent certified public accountant. The annual audit
4 report shall include management letters and shall be submitted
5 to the Auditor General and the State Board of Education for
6 review. The State Board of Education, the Auditor General,
7 and the Office of Program Policy Analysis and Government
8 Accountability shall have the authority to require and receive
9 from the not-for-profit corporation and any subsidiaries or
10 from their independent auditor any detail or supplemental data
11 relative to the operation of the not-for-profit corporation or
12 subsidiary.
13 (e) Provision by the not-for-profit corporation and
14 its subsidiaries of equal employment opportunities to all
15 persons regardless of race, color, religion, gender, age, or
16 national origin.
17 (4) The State Board of Education is authorized to
18 secure comprehensive general liability protection, including
19 professional liability protection, for the not-for-profit
20 corporation and its subsidiaries, pursuant to s. 1004.24.
21 (5) In the event that the agreement between the
22 not-for-profit corporation and the State Board of Education is
23 terminated for any reason, the State Board of Education shall
24 assume governance and operation of the facilities.
25 (6) The institute shall be administered by a chief
26 executive officer who shall be appointed by and serve at the
27 pleasure of the board of directors of the not-for-profit
28 corporation and who shall have the following powers and
29 duties, subject to the approval of the board of directors:
30 (a) The chief executive officer shall establish
31 programs that fulfill the mission of the institute in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 research, education, treatment, prevention, and early
2 detection of Alzheimer's disease; however, the chief executive
3 officer may not establish academic programs for which academic
4 credit is awarded and which terminate in the conferring of a
5 degree without prior approval of the State Board of Education.
6 (b) The chief executive officer shall have control
7 over the budget and the moneys appropriated or donated to the
8 institute from private, local, state, and federal sources, as
9 well as technical and professional income generated or derived
10 from practice activities of the institute. However,
11 professional income generated by university faculty from
12 practice activities at the institute shall be shared between
13 the institute and the university as determined by the chief
14 executive officer and the appropriate university dean or vice
15 president.
16 (c) The chief executive officer shall appoint members
17 to carry out the research, patient care, and educational
18 activities of the institute and determine compensation,
19 benefits, and terms of service. Members of the institute
20 shall be eligible to hold concurrent appointments at
21 affiliated academic institutions. University faculty shall be
22 eligible to hold concurrent appointments at the institute.
23 (d) The chief executive officer shall have control
24 over the use and assignment of space and equipment within the
25 facilities.
26 (e) The chief executive officer shall have the power
27 to create the administrative structure necessary to carry out
28 the mission of the institute.
29 (f) The chief executive officer shall have a reporting
30 relationship to the Commissioner of Education.
31 (g) The chief executive officer shall provide a copy
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the institute's annual report to the Governor and Cabinet,
2 the President of the Senate, the Speaker of the House of
3 Representatives, and the chair of the State Board of
4 Education.
5 (7) The board of directors of the not-for-profit
6 corporation shall create a council of scientific advisers to
7 the chief executive officer comprised of leading researchers,
8 physicians, and scientists. The council shall review programs
9 and recommend research priorities and initiatives to maximize
10 the state's investment in the institute. The members of the
11 council shall be appointed by the board of directors of the
12 not-for-profit corporation, except for five members who shall
13 be appointed by the State Board of Education. Each member of
14 the council shall be appointed to serve a 2-year term and may
15 be reappointed to the council.
16 (8) In carrying out the provisions of this section,
17 the not-for-profit corporation and its subsidiaries are not
18 agencies within the meaning of s. 20.03(11).
19 Section 192. The sum of $20 million is appropriated
20 for fiscal year 2002-2003 from the Public Education Capital
21 Outlay and Debt Service Trust Fund to the University of South
22 Florida for partial construction of a $40 million research
23 facility at the university for the Florida Alzheimer's Center
24 and Research Institute.
25 Section 193. The sum of $20 million is appropriated
26 for fiscal year 2002-2003 from the General Revenue Fund to the
27 University of South Florida for the operations of the Florida
28 Alzheimer's Center and Research Institute. From this amount
29 $15 million shall be used by the institute to contract with
30 the following entities, at $5 million each, to support the
31 purposes of this act: the Mayo Clinic in Jacksonville,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida; the University of Florida; and the University of
2 Miami.
3 Section 194. Section 1004.45, Florida Statutes, is
4 created to read:
5 1004.45 Ringling Center for Cultural Arts.--
6 (1) The Florida State University Ringling Center for
7 Cultural Arts is created. The center consists of the following
8 properties located in Sarasota County:
9 (a) The John and Mable Ringling Museum of Art composed
10 of:
11 1. The art museum.
12 2. The Ca' d'Zan (the Ringling residence).
13 3. The Ringling Museum of the Circus.
14 (b) The Florida State University Center for the Fine
15 and Performing Arts, including the Asolo Theater and the
16 Florida State University Center for the Performing Arts, both
17 of which shall provide for academic programs in theatre,
18 dance, art, art history, and museum management.
19
20 The center shall be operated by the Florida State University,
21 which shall be charged with encouraging participation by K-12
22 schools and by other postsecondary educational institutions,
23 public and private, in the educational and cultural enrichment
24 programs of the center.
25 (2)(a) The John and Mable Ringling Museum of Art is
26 designated as the official Art Museum of the State of Florida.
27 The purpose and function of the museum is to maintain and
28 preserve all objects of art and artifacts donated to the state
29 through the will of John Ringling; to acquire and preserve
30 objects of art or artifacts of historical or cultural
31 significance; to exhibit such objects to the public; to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 undertake scholarly research and publication, including that
2 relating to the collection; to provide educational programs
3 for students at K-12 schools and those in college and graduate
4 school and enrichment programs for children and adults; to
5 assist other museums in the state and nation through education
6 programs and through loaning objects from the collection when
7 such loans do not threaten the safety and security of the
8 objects; to enhance knowledge and appreciation of the
9 collection; and to engage in other activities related to
10 visual arts which benefit the public. The museum shall also
11 engage in programs on the national and international level to
12 enhance further the cultural resources of the state.
13 (b) The Florida State University shall approve a John
14 and Mable Ringling Museum of Art direct-support organization.
15 Such direct-support organization shall consist of no more than
16 31 members appointed by the president of the university from a
17 list of nominees provided by the Ringling direct-support
18 organization. No fewer than one-third of the members must be
19 residents of Sarasota and Manatee Counties, and the remaining
20 members may reside elsewhere. The current members of the Board
21 of Trustees of the John and Mable Ringling Museum of Art may
22 be members of the direct-support organization. They shall
23 develop a charter and bylaws to govern their operation, and
24 these shall be subject to approval by the Florida State
25 University.
26 (c) The John and Mable Ringling Museum of Art
27 direct-support organization, operating under the charter and
28 bylaws and such contracts as are approved by the university,
29 shall set policies to maintain and preserve the collections of
30 the Art Museum; the Circus Museum; the furnishings and objects
31 in the Ringling home, referred to as the Ca' d'Zan; and other
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 objects of art and artifacts in the custody of the museum.
2 Title to all such collections, art objects, and artifacts of
3 the museums and its facilities shall remain with the Florida
4 State University, which shall assign state registration
5 numbers to, and conduct annual inventories of, all such
6 properties. The direct-support organization shall develop
7 policy for the museum, subject to the provisions of the John
8 Ringling will and the overall direction of the president of
9 the university; and it is invested with power and authority to
10 nominate a museum director who is appointed by and serves at
11 the pleasure of the president of the university and shall
12 report to the provost of the university or his or her
13 designee. The museum director, with the approval of the
14 provost or his or her designee, shall appoint other employees
15 in accordance with Florida Statutes and rules; remove the same
16 in accordance with Florida Statutes and rules; provide for the
17 proper keeping of accounts and records and budgeting of funds;
18 enter into contracts for professional programs of the museum
19 and for the support and maintenance of the museum; secure
20 public liability insurance; and do and perform every other
21 matter or thing requisite to the proper management,
22 maintenance, support, and control of the museum at the highest
23 efficiency economically possible, while taking into
24 consideration the purposes of the museum.
25 (d) Notwithstanding the provision of s. 287.057, the
26 John and Mable Ringling Museum of Art direct-support
27 organization may enter into contracts or agreements with or
28 without competitive bidding, in its discretion, for the
29 restoration of objects of art in the museum collection or for
30 the purchase of objects of art that are to be added to the
31 collection.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (e) Notwithstanding s. 273.055, the university may
2 sell any art object in the museum collection, which object has
3 been acquired after 1936, if the director and the
4 direct-support organization recommend such sale to the
5 president of the university and if they first determine that
6 the object is no longer appropriate for the collection. The
7 proceeds of the sale shall be deposited in the Ringling Museum
8 Art Acquisition, Restoration, and Conservation Trust Fund. The
9 university also may exchange any art object in the collection,
10 which object has been acquired after 1936, for an art object
11 or objects that the director and the museum direct-support
12 organization recommend to the university after judging these
13 to be of equivalent or greater value to the museum.
14 (f) An employee or member of the museum direct-support
15 organization may not receive a commission, fee, or financial
16 benefit in connection with the sale or exchange of a work of
17 art and may not be a business associate of any individual,
18 firm, or organization involved in the sale or exchange.
19 (g) The university, in consultation with the
20 direct-support organization, shall establish policies and may
21 adopt rules for the sale or exchange of works of art.
22 (h) The John and Mable Ringling Museum of Art
23 direct-support organization shall provide for an annual
24 financial audit in accordance with s. 1004.28(5). Florida
25 State University is authorized to require and receive from the
26 direct-support organization, or from its independent auditor,
27 any detail or supplemental data relative to the operation of
28 such organization. Information that, if released, would
29 identify donors who desire to remain anonymous, is
30 confidential and exempt from the provisions of s. 119.07(1).
31 Information that, if released, would identify prospective
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 donors is confidential and exempt from the provisions of s.
2 119.07(1) when the direct-support organization has identified
3 the prospective donor itself and has not obtained the name of
4 the prospective donor by copying, purchasing, or borrowing
5 names from another organization or source. Identities of such
6 donors and prospective donors shall not be revealed in the
7 auditor's report.
8 (i) The direct-support organization is given authority
9 to make temporary loans of paintings and other objects of art
10 or artifacts belonging to the John and Mable Ringling Museum
11 of Art for the purpose of public exhibition in art museums,
12 other museums, or institutions of higher learning wherever
13 located, including such museums or institutions in other
14 states or countries. Temporary loans may also be made to the
15 executive mansion in Tallahassee, chapters and affiliates of
16 the John and Mable Ringling Museum of Art, and, for education
17 purposes, to schools, public libraries, or other institutions
18 in the state, if such exhibition will benefit the general
19 public as the university deems wise and for the best interest
20 of the John and Mable Ringling Museum of Art and under
21 policies established by Florida State University for the
22 protection of the paintings and other objects of art and
23 artifacts. In making temporary loans, the direct-support
24 organization shall give first preference to art museums, other
25 museums, and institutions of higher learning.
26 (j) Notwithstanding any other provision of law, the
27 John and Mable Ringling Museum of Art direct-support
28 organization is eligible to match state funds in the Major
29 Gifts Trust Fund established pursuant to s. 1011.94 as
30 follows:
31 1. For the first $1,353,750, matching shall be on the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 basis of 75 cents in state matching for each dollar of private
2 funds.
3 2. For additional funds, matching shall be provided on
4 the same basis as is authorized in s. 1011.94.
5 Section 195. Section 1004.46, Florida Statutes, is
6 created to read:
7 1004.46 Multidisciplinary Center for Affordable
8 Housing.--
9 (1) The Multidisciplinary Center for Affordable
10 Housing is established within the School of Building
11 Construction of the College of Architecture of the University
12 of Florida with the collaboration of other related disciplines
13 such as agriculture, business administration, engineering,
14 law, and medicine. The center shall work in conjunction with
15 other state universities. The Multidisciplinary Center for
16 Affordable Housing shall:
17 (a) Conduct research relating to the problems and
18 solutions associated with the availability of affordable
19 housing in the state for families who are below the median
20 income level and widely disseminate the results of such
21 research to appropriate public and private audiences in the
22 state. Such research shall emphasize methods to improve the
23 planning, design, and production of affordable housing,
24 including, but not limited to, the financial, maintenance,
25 management, and regulatory aspects of residential development.
26 (b) Provide public services to local, regional, and
27 state agencies, units of government, and authorities by
28 helping them create regulatory climates that are amenable to
29 the introduction of affordable housing within their
30 jurisdictions.
31 (c) Conduct special research relating to firesafety.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) Provide a focus for the teaching of new technology
2 and skills relating to affordable housing in the state.
3 (e) Develop a base of informational and financial
4 support from the private sector for the activities of the
5 center.
6 (f) Develop prototypes for both multifamily and
7 single-family units.
8 (g) Establish a research agenda and general work plan
9 in cooperation with the Department of Community Affairs which
10 is the state agency responsible for research and planning for
11 affordable housing and for training and technical assistance
12 for providers of affordable housing.
13 (h) Submit a report to the Governor, the President of
14 the Senate, and the Speaker of the House of Representatives by
15 January 1 of each year. The annual report shall include
16 information relating to the activities of the center,
17 including collaborative efforts with public and private
18 entities, affordable housing models, and any other findings
19 and recommendations related to the production of safe, decent,
20 and affordable housing.
21 (2) The Director of the Multidisciplinary Center for
22 Affordable Housing shall be appointed by the Dean of the
23 College of Architecture of the University of Florida.
24 Section 196. Section 1004.47, Florida Statutes, is
25 created to read:
26 1004.47 Research activities relating to solid and
27 hazardous waste management.--Research, training, and service
28 activities related to solid and hazardous waste management
29 conducted by state universities shall be coordinated by the
30 State Board of Education. Proposals for research contracts and
31 grants; public service assignments; and responses to requests
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for information and technical assistance by state and local
2 government, business, and industry shall be addressed by a
3 formal Type I Center process involving an advisory board of
4 university personnel appointed by the Commissioner of
5 Education and chaired and directed by an individual appointed
6 by the Commissioner of Education. The State Board of Education
7 shall consult with the Department of Environmental Protection
8 in developing the research programs and provide the department
9 with a copy of the proposed research program for review and
10 comment before the research is undertaken. Research contracts
11 shall be awarded to independent nonprofit colleges and
12 universities within the state which are accredited by the
13 Southern Association of Colleges and Schools on the same basis
14 as those research contracts awarded to the state universities.
15 Research activities shall include, but are not limited to, the
16 following areas:
17 (1) Methods and processes for recycling solid and
18 hazardous waste.
19 (2) Methods of treatment for detoxifying hazardous
20 waste.
21 (3) Technologies for disposing of solid and hazardous
22 waste.
23 Section 197. Section 1004.48, Florida Statutes, is
24 created to read:
25 1004.48 Research protocols to determine most
26 appropriate pollutant dispersal agents.--The Center for Solid
27 and Hazardous Waste Management shall coordinate the research
28 protocols for projects to determine the most appropriate
29 dispersal agents that can be used in an environmentally safe
30 manner in Florida waters as part of a pollutant cleanup
31 activity. Such research shall be used by the Department of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Environmental Protection in approving the use of such agents
2 by pollutant spill cleanup contractors and others who may be
3 required to use such agents in containing and cleaning up
4 pollutant spills in the waters of the state.
5 Section 198. Section 1004.49, Florida Statutes, is
6 created to read:
7 1004.49 Florida LAKEWATCH Program.--The Florida
8 LAKEWATCH Program is hereby created within the Department of
9 Fisheries and Aquaculture of the Institute of Food and
10 Agricultural Sciences at the University of Florida. The
11 purpose of the program is to provide public education and
12 training with respect to the water quality of Florida's lakes.
13 The Department of Fisheries and Aquaculture may, in
14 implementing the LAKEWATCH program:
15 (1) Train, supervise, and coordinate volunteers to
16 collect water quality data from Florida's lakes.
17 (2) Compile the data collected by volunteers.
18 (3) Disseminate information to the public about the
19 LAKEWATCH program.
20 (4) Provide or loan equipment to volunteers in the
21 program.
22 (5) Perform other functions as may be necessary or
23 beneficial in coordinating the LAKEWATCH program.
24
25 Data collected and compiled shall be used to establish trends
26 and provide general background information and shall in no
27 instance be used in a regulatory proceeding.
28 Section 199. Section 1004.50, Florida Statutes, is
29 created to read:
30 1004.50 Institute on Urban Policy and Commerce.--
31 (1) There is created the Institute on Urban Policy and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Commerce as a Type I Institute at Florida Agricultural and
2 Mechanical University to improve the quality of life in urban
3 communities through research, teaching, and outreach
4 activities.
5 (2) The major purposes of the institute are to pursue
6 basic and applied research on urban policy issues confronting
7 the inner-city areas and neighborhoods in the state; to
8 influence the equitable allocation and stewardship of federal,
9 state, and local financial resources; to train a new
10 generation of civic leaders and university students interested
11 in approaches to community planning and design; to assist with
12 the planning, development, and capacity building of urban area
13 nonprofit organizations and government agencies; to develop
14 and maintain a database relating to inner-city areas; and to
15 support the community development efforts of inner-city areas,
16 neighborhood-based organizations, and municipal agencies.
17 (3) The institute shall research and recommend
18 strategies concerning critical issues facing the underserved
19 population in urban communities, including, but not limited
20 to, transportation and physical infrastructure; affordable
21 housing; tourism and commerce; environmental restoration; job
22 development and retention; child care; public health; lifelong
23 learning; family intervention; public safety; and community
24 relations.
25 (4) The institute may establish regional urban centers
26 to be located in the inner cities of St. Petersburg, Tampa,
27 Jacksonville, Orlando, West Palm Beach, Fort Lauderdale,
28 Miami, Daytona Beach, and Pensacola to assist urban
29 communities on critical economic, social, and educational
30 problems affecting the underserved population.
31 (5) Before January 1 of each year, the institute shall
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 submit a report of its critical findings and recommendations
2 for the prior year to the President of the Senate, the Speaker
3 of the House of Representatives, and the appropriate
4 committees of the Legislature. The report shall be titled "The
5 State of Unmet Needs in Florida's Urban Communities" and shall
6 include, but is not limited to, a recommended list of
7 resources that could be made available for revitalizing urban
8 communities; significant accomplishments and activities of the
9 institute; and recommendations concerning the expansion,
10 improvement, or termination of the institute.
11 (6) The Governor shall submit an annual report to the
12 Legislature on the unmet needs in the state's urban
13 communities.
14 Section 200. Section 1004.51, Florida Statutes, is
15 created to read:
16 1004.51 Community and Faith-based Organizations
17 Initiative; Community and Library Technology Access
18 Partnership.--
19 (1) CREATION.--There is created the Community and
20 Faith-based Organizations Initiative which shall be
21 administered by the Institute on Urban Policy and Commerce at
22 Florida Agricultural and Mechanical University and the
23 Community and Library Technology Access Partnership which
24 shall be administered by the Division of Library and
25 Information Services of the Department of State.
26 (2) INTENT.--The purpose of the initiative is to
27 promote community development in low-income communities
28 through partnerships with not-for-profit community and
29 faith-based organizations. The purpose of the partnership is
30 to encourage public libraries eligible for e-rate discounted
31 telecommunications services to partner with community and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 faith-based organizations to provide technology access and
2 training to assist other state efforts to close the digital
3 divide.
4 (3) AUTHORIZED ACTIVITIES.--
5 (a) Authorized activities of the initiative.--The
6 Institute on Urban Policy and Commerce at Florida Agricultural
7 and Mechanical University may conduct the following activities
8 as part of the Community and Faith-based Organizations
9 Initiative:
10 1. Create and operate training programs to enhance the
11 professional skills of individuals in community and
12 faith-based organizations.
13 2. Create and operate a program to select and place
14 students and recent graduates from business and related
15 professional schools as interns with community and faith-based
16 organizations for a period not to exceed 1 year, and provide
17 stipends for such interns.
18 3. Organize an annual conference for community and
19 faith-based organizations to discuss and share information on
20 best practices regarding issues relevant to the creation,
21 operation, and sustainability of these organizations.
22 4. Provide funding for the development of materials
23 for courses on topics in the area of community development,
24 and for research on economic, operational, and policy issues
25 relating to community development.
26 5. Provide financial assistance to community and
27 faith-based organizations through small grants for
28 partnerships with universities and the operation of programs
29 to build strong communities and future community development
30 leaders. The Institute on Urban Policy and Commerce at Florida
31 Agricultural and Mechanical University shall develop selection
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 criteria for awarding such grants which are based on the goals
2 of the initiative.
3
4 The institute, to the maximum extent possible, shall leverage
5 state funding for the initiative with any federal funding that
6 the institute may receive to support similar community-based
7 activities.
8 (b) Authorized activities of the partnership.--The
9 Division of Library and Information Services of the Department
10 of State may conduct the following activities as part of the
11 Community and Library Technology Access Partnership:
12 1. Provide funding for e-rate eligible public
13 libraries to provide technology access and training to
14 community and faith-based organizations. Funding provided
15 under this subparagraph must be for eligible public libraries
16 in distressed communities in the state. The division shall
17 consult with the Institute on Urban Policy and Commerce to
18 identify such communities and to develop criteria to be used
19 in evaluating funding proposals. The division shall coordinate
20 with the institute to ensure that, to the maximum extent
21 possible, the division and the institute leverage their
22 resources under the programs authorized by this section in
23 order to focus efforts on addressing the most distressed
24 communities in the state. The division shall include a
25 representative of the institute on a review team to evaluate
26 funding proposals under this subparagraph.
27 2. Provide a method of assessment and outcome
28 measurement for e-rate eligible public libraries to assess
29 progress in closing the digital divide and in training for
30 individuals to succeed in the emerging information economy.
31 (4) ELIGIBILITY.--A community or faith-based
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Amendment No. ___ (for drafter's use only)
1 organization receiving funding or other assistance under the
2 Community and Faith-based Organizations Initiative or the
3 Community Library Technology Access Partnership must be a
4 nonprofit organization holding a current exemption from
5 federal taxation under s. 501(c)(3) or (4) of the Internal
6 Revenue Code. Funding under this section shall not be used for
7 religious or sectarian purposes.
8 Section 201. Section 1004.52, Florida Statutes, is
9 created to read:
10 1004.52 Community computer access grant program.--
11 (1) The Legislature finds that there is a growing
12 digital divide in the state, manifested in the fact that many
13 youths from distressed urban communities do not possess the
14 degree and ease of access to computers and information
15 technologies which youths in other communities in the state
16 possess. This disparity in access to rapidly changing and
17 commercially significant technologies has a negative impact on
18 the educational, workforce development, and employment
19 competitiveness of these needy youths, and thereby impedes the
20 economic development of the distressed urban communities in
21 which these youths reside. Although many public libraries
22 offer users access to computers and are increasingly making
23 library materials available to the public through electronic
24 means, many youths from distressed urban communities do not
25 live near a library that has such technology and do not have
26 computers to access Internet-based virtual libraries.
27 Neighborhood organizations, such as churches, are more likely,
28 however, to be located in closer proximity to the homes of
29 these youths than are educational institutions or libraries,
30 and these youths are more likely to gain the desirable
31 computer access at church-related or other neighborhood
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Bill No. CS for CS for SB 1564, 1st Eng.
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1 facilities than at other institutions. The Legislature
2 therefore finds that a public purpose is served in enhancing
3 the ability of youths from these communities to have access to
4 computers and the Internet within the neighborhoods in which
5 they reside.
6 (2) Subject to legislative appropriation, there is
7 created the Community High-Technology Investment Partnership
8 (CHIP) program to assist distressed urban communities in
9 securing computers for access by youths between the ages of 5
10 years and 18 years who reside in these communities. The
11 program shall be administered by the Institute on Urban Policy
12 and Commerce at Florida Agricultural and Mechanical University
13 pursuant to a performance-based contract with the Division of
14 Library and Information Services of the Department of State.
15 The division shall develop performance measures, standards,
16 and sanctions for the program. Performance measures must
17 include, but are not limited to: the number of youths
18 obtaining access to computers purchased under this program;
19 the number of hours computers are made available to youths;
20 and the number of hours spent by youths on computers purchased
21 under this program for educational purposes. The
22 administrative costs for administration of this program cannot
23 exceed 10 percent of the amount appropriated to the division
24 for the program.
25 (3)(a) Under this program, neighborhood facilities,
26 through their governing bodies, may apply to the institute for
27 grants to purchase computers that will be available for use by
28 eligible youths who reside in the immediate vicinity of the
29 neighborhood facility. For purposes of this program, eligible
30 neighborhood facilities include, but are not limited to,
31 facilities operated by:
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1 1. Units of local government, including school
2 districts.
3 2. Nonprofit, faith-based organizations, including
4 neighborhood churches.
5 3. Nonprofit civic associations or homeowners'
6 associations.
7 4. Nonprofit organizations, the missions of which
8 include improving conditions for residents of distressed urban
9 communities.
10
11 To be eligible for funding under this program, a nonprofit
12 organization or association must hold a current exemption from
13 federal taxation under s. 501(c)(3) or (4) of the Internal
14 Revenue Code.
15 (b) Notwithstanding the eligibility of the
16 organizations identified in paragraph (a), the institute shall
17 give priority consideration for funding under this program to
18 applications submitted by neighborhood churches or by
19 neighborhood-based, nonprofit organizations that have as a
20 principal part of their missions the improvement of conditions
21 for residents of the same neighborhoods in which the
22 organizations are located. The institute also shall give
23 priority consideration to organizations that demonstrate that
24 they have not been awarded community enhancement or similar
25 community support grants from state or local government on a
26 regular basis in the past. The institute shall develop
27 weighted criteria to be used in evaluating applications from
28 such churches or organizations. Funding under this section
29 shall not be used for religious or sectarian purposes.
30 (4) The institute shall develop guidelines governing
31 the administration of this program and shall establish
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Amendment No. ___ (for drafter's use only)
1 criteria to be used in evaluating an application for funding.
2 At a minimum, the institute must find that:
3 (a) The neighborhood that is to be served by the grant
4 suffers from general economic distress.
5 (b) Eligible youths who reside in the vicinity of the
6 neighborhood facility have difficulty obtaining access to a
7 library or schools that have sufficient computers.
8 (c) The neighborhood facility has developed a detailed
9 plan, as required under subsection (5), for:
10 1. Providing youths who reside in the vicinity of the
11 facility with access to any computer purchased with grant
12 funds, including evening and weekend access when libraries and
13 schools are closed.
14 2. Promoting the maximum participation of neighborhood
15 youths in use of any computers purchased with grant funds.
16 (5) As part of an application for funding, the
17 neighborhood facility must submit a plan that demonstrates:
18 (a) The manner in which eligible youths who reside in
19 the immediate vicinity of the facility will be provided with
20 access to any computer purchased with grant funds, including
21 access during hours when libraries and schools are closed.
22 (b) The existence of safeguards to ensure that any
23 computer purchased with grant funds is reserved for the
24 educational use of eligible youths who reside in the immediate
25 vicinity of the facility and is not used to support the
26 business operations of the neighborhood facility or its
27 governing body.
28 (c) The existence, in the neighborhood facility, of
29 telecommunications infrastructure necessary to guarantee
30 access to the Internet through any computer purchased with
31 grant funds.
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Amendment No. ___ (for drafter's use only)
1 (6) To the maximum extent possible, funding shall be
2 awarded under this program in a manner designed to ensure the
3 participation of distressed urban communities from regions
4 throughout the state.
5 (7) The maximum amount of a grant which may be awarded
6 to any single neighborhood facility under this program is
7 $25,000.
8 (8) Before the institute may allocate funds for a
9 grant under this program, the institute and the eligible
10 neighborhood facility must execute a grant agreement that
11 governs the terms and conditions of the grant.
12 (9) The institute, based upon guidance from the State
13 Technology Office and the state's Chief Information Officer,
14 shall establish minimum requirements governing the
15 specifications and capabilities of any computers purchased
16 with funds awarded under this grant program.
17 Section 202. Section 1004.53, Florida Statutes, is
18 created to read:
19 1004.53 Interdisciplinary Center for Brownfield
20 Rehabilitation Assistance.--The Center for Brownfield
21 Rehabilitation Assistance in the Environmental Sciences and
22 Policy Program is established in the College of Arts and
23 Sciences at the University of South Florida with the
24 collaboration of other related disciplines such as business
25 administration, environmental science, and medicine. The
26 center shall work in conjunction with other state
27 universities. The Center for Brownfield Rehabilitation
28 Assistance shall:
29 (1) Conduct research relating to problems and
30 solutions associated with rehabilitation and restoration of
31 brownfield areas as defined in s. 376.79. The research must
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Amendment No. ___ (for drafter's use only)
1 include identifying innovative solutions to removing
2 contamination from brownfield sites to reduce the threats to
3 drinking water supplies and other potential public health
4 threats from contaminated sites.
5 (2) Provide public service to local, regional, and
6 state agencies, units of government, and authorities by
7 helping them to create workable mechanisms, partnerships with
8 public and private sectors, and other techniques for
9 rehabilitating brownfield areas.
10 (3) Conduct special research relating to risk-based
11 corrective actions for rehabilitation of brownfield areas.
12 (4) Develop a base of informational and financial
13 support from the private sector for the activities of the
14 center.
15 Section 203. Section 1004.54, Florida Statutes, is
16 created to read:
17 1004.54 Learning Development and Evaluation Center.--
18 (1) For the purpose of providing academic support for
19 learning disabled students, the verbal communications
20 laboratory at Florida Agricultural and Mechanical University
21 is established as the Learning Development and Evaluation
22 Center. The university shall provide housing, equipment, and
23 utilities for the center.
24 (2) The primary objective of the center shall be to
25 provide learning disabled students with accessibility to
26 learning by providing a program for building student
27 self-acceptance, self-esteem, and faculty acceptance. The
28 program shall also provide for diagnosing and clarifying the
29 nature of the disability and for identifying strategies that
30 can be used to enhance learning. Services shall include:
31 (a) Problem identification.
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1 (b) Diagnostic evaluation, including neurological,
2 psychological, speech, and hearing diagnoses.
3 (c) Training, including tutoring and study.
4 (d) Academic, psychological, social, and career
5 counseling.
6 (e) Followup.
7 (f) Maintenance of academic course requirements with
8 provision for support services to identified students.
9 (g) Modifications of methods of reaching course
10 requirements which do not detract from the course purpose.
11 (3) Participants in the program shall be students with
12 specific learning disabilities who meet eligibility criteria
13 as defined by Rule 6A-6.03018.
14 (4) An outreach component shall be established which
15 shall include:
16 (a) Notifying secondary schools, community colleges,
17 career education centers, and community agencies of the
18 program.
19 (b) Working with community colleges, technical
20 centers, and community agencies to identify students who may
21 benefit from the program.
22 (c) Providing secondary schools, community colleges,
23 technical centers, and community agencies with a description
24 of methods used by the program for identification of students
25 who have learning disabilities.
26 (d) Providing secondary schools, community colleges,
27 technical centers, and community agencies with a description
28 of program services and the support services available.
29 (e) Providing on-campus and off-campus activities for
30 students, administrators, faculty, and staff to enhance
31 learning of the disabled secondary students.
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1 (f) Providing training for school district personnel
2 to enable them to develop a better understanding of the needs
3 of learning disabled students.
4 (g) Designing, developing, and implementing, in
5 cooperation with Florida Agricultural and Mechanical
6 University, public school districts, community colleges, and
7 technical centers within the Department of Education, model
8 programs for the learning disabled student.
9 (h) Providing assistance to community colleges and
10 state universities in designing, developing, and evaluating
11 model programs for learning disabled students.
12 (i) Establishing a procedure for the annual review and
13 update of model programs developed for the learning disabled.
14 (j) Providing precollegiate residential experiences.
15 (5) On or before November 1, the president of the
16 university shall submit to the State Board of Education and
17 the Legislature a report on program effectiveness, which
18 report shall include:
19 (a) The number of students participating in the
20 program.
21 (b) An ongoing analysis of overall student performance
22 as a result of participation in the program.
23 (c) A description of the methods used in identifying
24 students with learning disabilities.
25 (d) A description of methods and materials prescribed
26 to meet the specific learning needs of each participant.
27 (e) The number and types of disabilities of students
28 in the program.
29 (f) How the program accomplished its objectives.
30 (g) Procedures used to counsel and advise students
31 that would build self-acceptance and enhance learning.
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1 (h) Procedures for promoting faculty acceptance of the
2 program and its participants.
3 (i) A detailed description of each program objective
4 and the results.
5 (j) Projections of future participation by learning
6 disabled students based on enrollment, queries, and program
7 results.
8 (k) The number of postsecondary and secondary students
9 participating in the program and the type of service provided.
10 (6) Funding of this program shall be provided for in
11 the General Appropriations Act.
12 Section 204. Section 1004.55, Florida Statutes, is
13 created to read:
14 1004.55 Regional autism centers.--
15 (1) Six regional autism centers are established to
16 provide nonresidential resource and training services for
17 persons of all ages and of all levels of intellectual
18 functioning who have autism, as defined in s. 393.063; who
19 have a pervasive developmental disorder that is not otherwise
20 specified; who have an autistic-like disability; who have a
21 dual sensory impairment; or who have a sensory impairment with
22 other handicapping conditions. Each center shall be
23 operationally and fiscally independent and shall provide
24 services within its geographical region of the state. Each
25 center shall coordinate services within and between state and
26 local agencies and school districts but may not duplicate
27 services provided by those agencies or school districts. The
28 respective locations and service areas of the centers are:
29 (a) The Department of Communication Disorders at
30 Florida State University, which serves Bay, Calhoun, Escambia,
31 Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon,
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
2 Walton, and Washington Counties.
3 (b) The College of Medicine at the University of
4 Florida, which serves Alachua, Bradford, Citrus, Columbia,
5 Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion,
6 Putnam, Suwannee, and Union Counties.
7 (c) The University of Florida Health Science Center at
8 Jacksonville, which serves Baker, Clay, Duval, Flagler,
9 Nassau, and St. Johns Counties.
10 (d) The Louis de la Parte Florida Mental Health
11 Institute at the University of South Florida, which serves
12 Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands,
13 Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee,
14 Pasco, Pinellas, Polk, St. Lucie, and Sarasota Counties.
15 (e) The Mailman Center for Child Development at the
16 University of Miami, which serves Broward, Dade, Monroe, and
17 Palm Beach Counties.
18 (f) The College of Health and Public Affairs at the
19 University of Central Florida, which serves Brevard, Lake,
20 Orange, Osceola, Seminole, Sumter, and Volusia Counties.
21 (2) There is established for each center a
22 constituency board, which shall work collaboratively with the
23 center. Each board shall consist of no fewer than six
24 members, each of whom is either an individual who has a
25 disability that is described in subsection (1) or is a member
26 of a family that includes a person who has such a disability,
27 who are selected by each university president from a list that
28 has been developed by the Autism Society of Florida and other
29 relevant constituency groups that represent persons who have
30 sensory impairments as described in subsection (1). As
31 representatives of the center's constituencies, these boards
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Amendment No. ___ (for drafter's use only)
1 shall meet quarterly with the staff of each of the centers to
2 provide advice on policies, priorities, and activities. Each
3 board shall submit to the university president and to the
4 Department of Education an annual report that evaluates the
5 activities and accomplishments of its center during the year.
6 (3) To promote statewide planning and coordination, a
7 conference must be held annually for staff from each of the
8 five centers and representatives from each center's
9 constituency board. The purpose of the conference is to
10 facilitate coordination, networking, cross-training, and
11 feedback among the staffs and constituency boards of the
12 centers.
13 (4) Each center shall provide:
14 (a) A staff that has expertise in autism and
15 autistic-like behaviors and in sensory impairments.
16 (b) Individual and direct family assistance in the
17 home, community, and school. A center's assistance should not
18 supplant other responsibilities of state and local agencies,
19 and each school district is responsible for providing an
20 appropriate education program for clients of a center who are
21 school age.
22 (c) Technical assistance and consultation services,
23 including specific intervention and assistance for a client of
24 the center, the client's family, and the school district, and
25 any other services that are appropriate.
26 (d) Professional training programs that include
27 developing, providing, and evaluating preservice and inservice
28 training in state-of-the-art practices for personnel who work
29 with the populations served by the centers and their families.
30 (e) Public education programs to increase awareness of
31 the public about autism, autistic-related disabilities of
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 communication and behavior, dual sensory impairments, and
2 sensory impairments with other handicapping conditions.
3 (5) The State Board of Education, in cooperation with
4 the regional autism centers, shall adopt the necessary rules
5 to carry out the purposes of this section.
6 Section 205. Section 1004.56, Florida Statutes, is
7 created to read:
8 1004.56 Florida Museum of Natural History;
9 functions.--
10 (1) The functions of the Florida Museum of Natural
11 History, located at the University of Florida, are to make
12 scientific investigations toward the sustained development of
13 natural resources and a greater appreciation of human cultural
14 heritage, including, but not limited to, biological surveys,
15 ecological studies, environmental impact assessments, in-depth
16 archaeological research, and ethnological analyses, and to
17 collect and maintain a depository of biological,
18 archaeological, and ethnographic specimens and materials in
19 sufficient numbers and quantities to provide within the state
20 and region a base for research on the variety, evolution, and
21 conservation of wild species; the composition, distribution,
22 importance, and functioning of natural ecosystems; and the
23 distribution of prehistoric and historic archaeological sites
24 and an understanding of the aboriginal and early European
25 cultures that occupied them. State institutions, departments,
26 and agencies may deposit type collections from archaeological
27 sites in the museum, and it shall be the duty of each state
28 institution, department, and agency to cooperate by depositing
29 in the museum voucher and type biological specimens collected
30 as part of the normal research and monitoring duties of its
31 staff and to transfer to the museum those biological specimens
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Amendment No. ___ (for drafter's use only)
1 and collections in its possession but not actively being
2 curated or used in the research or teaching of that
3 institution, department, or agency. The Florida Museum of
4 Natural History is empowered to accept, preserve, maintain, or
5 dispose of these specimens and materials in a manner which
6 makes each collection and its accompanying data available for
7 research and use by the staff of the museum and by cooperating
8 institutions, departments, agencies, and qualified independent
9 researchers. The biological, archaeological, and ethnographic
10 collections shall belong to the state with the title vested in
11 the Florida Museum of Natural History, except as provided in
12 s. 267.12(3). In collecting or otherwise acquiring these
13 collections, the museum shall comply with pertinent state
14 wildlife, archaeological, and agricultural laws and rules.
15 However, all collecting, quarantine, and accreditation permits
16 issued by other institutions, departments, and agencies shall
17 be granted routinely for said museum research study or
18 collecting effort on state lands or within state jurisdiction
19 which does not pose a significant threat to the survival of
20 endangered wild species, habitats, or ecosystems. In
21 addition, the museum shall develop exhibitions and conduct
22 programs which illustrate, interpret, and explain the natural
23 history of the state and region and shall maintain a library
24 of publications pertaining to the work as herein provided.
25 The exhibitions, collections, and library of the museum shall
26 be open, free to the public, under suitable rules to be
27 promulgated by the director of the museum and approved by the
28 University of Florida.
29 (2) Any gifts, transfers, bequests, or other
30 conveyances made to the Florida State Museum are deemed to
31 have been made to the Florida Museum of Natural History.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 206. Section 1004.57, Florida Statutes, is
2 created to read:
3 1004.57 Vertebrate paleontological sites and remains;
4 legislative intent and state policy.--
5 (1) It is the declared intention of the Legislature
6 that vertebrate paleontological sites be protected and
7 preserved and that, pursuant thereto, vertebrate
8 paleontological field investigation activities, including, but
9 not limited to, collection, excavation, salvage, restoration,
10 and cataloging of fossils, be discouraged except when such
11 activities are carried on in accordance with both the
12 provisions and the spirit of this act. However, it is not the
13 intention of the Legislature that the provisions of this act
14 impede mining or quarrying for rock, gravel, fill, phosphate,
15 and other minerals, or the construction of canals or similar
16 excavations, when such activities are permitted by law.
17 Rather, it is the intent of the Legislature that mine and
18 heavy equipment operators be encouraged to cooperate with the
19 state in preserving its vertebrate paleontological heritage
20 and vertebrate fossils by notifying the Florida Museum of
21 Natural History whenever vertebrate fossils are discovered
22 during mining or digging operations and by allowing such
23 fossils to be properly salvaged and that persons having
24 knowledge of vertebrate paleontological sites be encouraged to
25 communicate such information to the museum.
26 (2) It is hereby declared to be the public policy of
27 this state to protect and preserve vertebrate paleontological
28 sites containing vertebrate fossils, including bones, teeth,
29 natural casts, molds, impressions, and other remains of
30 prehistoric fauna, and to provide for the collection,
31 acquisition, and study of the vertebrate fossils of the state
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 which offer documentation of the diversity of life on this
2 planet.
3 (3) It is further declared to be the public policy of
4 the state that all vertebrate fossils found on state-owned
5 lands, including submerged lands and uplands, belong to the
6 state with title to the fossils vested in the Florida Museum
7 of Natural History for the purpose of administration of this
8 section and ss. 1004.575-1004.577.
9 Section 207. Section 1004.575, Florida Statutes, is
10 created to read:
11 1004.575 Program of vertebrate paleontology within
12 Florida Museum of Natural History.--There is established
13 within the Florida Museum of Natural History a program of
14 vertebrate paleontology, which program has the following
15 responsibilities:
16 (1) Encouraging the study of the vertebrate fossils
17 and vertebrate paleontological heritage of the state and
18 providing exhibits and other educational materials on the
19 vertebrate fauna to the universities and schools of the state.
20 (2) Developing a statewide plan, to be submitted to
21 the director of the Florida Museum of Natural History, for
22 preserving the vertebrate paleontological resources of the
23 state in a manner which is consistent with the state policies
24 in s. 1004.57 and which will not unduly hamper development in
25 this state, including mining and excavating operations.
26 (3) Locating, surveying, acquiring, collecting,
27 salvaging, conserving, and restoring vertebrate fossils;
28 conducting research on the history and systematics of the
29 fossil fauna of the state; and maintaining the official state
30 depository of vertebrate fossils.
31 (4) Locating, surveying, acquiring, excavating, and
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 operating vertebrate paleontological sites and properties
2 containing vertebrate fossils, which sites and properties have
3 great significance to the scientific study of such vertebrate
4 fossils or to public representation of the faunal heritage of
5 the state.
6 (5) Enlisting the aid of professional vertebrate
7 paleontologists, mine and quarry operators, heavy digging
8 equipment operators, and qualified amateurs in carrying out
9 the provisions of subsections (1)-(4), and authorizing their
10 active support and cooperation by issuing permits to them as
11 provided in s. 1004.576.
12 (6) Cooperating and coordinating activities with the
13 Department of Environmental Protection under the provisions of
14 ss. 375.021 and 375.031 and the Department of State under
15 chapter 267 in the acquisition, preservation, and operation of
16 significant vertebrate paleontological sites and properties of
17 great and continuing scientific value, so that such sites and
18 properties may be utilized to conserve the faunal heritage of
19 this state and to promote an appreciation of that heritage.
20 (7) Designating areas as "state vertebrate
21 paleontological sites" pursuant to the provisions of this
22 section, which areas are of great and continuing significance
23 to the scientific study and public understanding of the faunal
24 history of the state. However, no privately owned site or
25 grouping of sites shall be so designated without the express
26 written consent of the private owner of the site or group of
27 sites. Upon designation of a state vertebrate paleontological
28 site, the owners and occupants of such site shall be given
29 written notification of such designation by the program. Once
30 such site has been so designated, no person may conduct
31 paleontological field investigation activities on the site
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 without first securing a permit for such activities as
2 provided in s. 1004.576.
3 (8) Arranging for the disposition of the vertebrate
4 fossils by accredited institutions and for the temporary or
5 permanent loan of such fossils for the purpose of further
6 scientific study, interpretative display, and curatorial
7 responsibilities by such institutions.
8 Section 208. Section 1004.576, Florida Statutes, is
9 created to read:
10 1004.576 Destruction, purchase, and sale of vertebrate
11 fossils prohibited, exceptions; field investigation permits
12 required; penalty for violation.--
13 (1) The destruction, defacement, purchase, and sale of
14 vertebrate fossils found on or under land owned or leased by
15 the state and on land in state-designated vertebrate
16 paleontological sites are prohibited, except that the Florida
17 Museum of Natural History may sell vertebrate fossils and may
18 adopt rules defining "nonessential vertebrate fossils" and
19 prescribing the conditions under which such fossils may be
20 sold or otherwise disposed of by a person holding a permit
21 issued by the Florida Museum of Natural History. Field
22 investigations of vertebrate fossils, including, but not
23 limited to, the systematic collection, acquisition,
24 excavation, salvage, exhumation, or restoration of such
25 fossils, are prohibited on all lands owned or leased by the
26 state and on lands in state-designated vertebrate
27 paleontological sites, unless such activities are conducted
28 under the authority of permits issued by the Florida Museum of
29 Natural History. A permit may be granted by the Florida
30 Museum of Natural History upon application for the permit
31 accompanied by an application fee not to exceed $5. The
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 privileges authorized pursuant to the grant of a permit as
2 provided in this subsection may not be assigned or sublet to
3 any other party.
4 (2) Any person who, in violation of this section,
5 engages in any of the activities described in subsection (1)
6 without first having obtained a permit to engage in such
7 activity commits a misdemeanor, punishable by a fine not to
8 exceed $500 or by imprisonment in the county jail for a period
9 not to exceed 6 months, or both; and, in addition, he or she
10 shall forfeit to the state all specimens, objects, and
11 materials collected and excavated in violation of this
12 section, together with all photographs and records relating to
13 such materials.
14 (3) The Florida Museum of Natural History may
15 institute a civil action in the appropriate circuit court for
16 recovery of any unlawfully taken vertebrate fossil. The
17 fossil shall be forfeited to the state if the Florida Museum
18 of Natural History shows by the greater weight of the evidence
19 that the fossil has been taken from a particular site within
20 this state and that the person found in possession of the
21 fossil is not authorized by law to possess such fossil.
22 Section 209. Section 1004.577, Florida Statutes, is
23 created to read:
24 1004.577 Certain rights of mine or quarry operators
25 and dragline or heavy equipment operators preserved.--Nothing
26 in ss. 1004.57-1004.576 shall infringe upon the right of a
27 legitimate mine or quarry operator to extract rock, gravel,
28 fill, phosphate, or other minerals or infringe upon the right
29 of a legitimate operator of draglines or similar heavy
30 dredging, trenching, or digging equipment to construct
31 drainage canals or other excavations because of the actual or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 potential destruction of vertebrate fossils.
2 Section 210. Section 1004.58, Florida Statutes, is
3 created to read:
4 1004.58 Leadership Board for Applied Research and
5 Public Service.--
6 (1) There is created the Leadership Board for Applied
7 Research and Public Service to be staffed by the Institute of
8 Science and Public Affairs at Florida State University. The
9 purpose of the board is to focus, coordinate, and maximize
10 university resources on current issues and events affecting
11 Florida's residents and elected officials. Emphasis shall be
12 placed on being responsive to and providing accurate, timely,
13 useful, and relevant information to decisionmakers in state
14 and local governments. The board shall set forth a process to
15 provide comprehensive guidance and advice for improving the
16 types and quality of services to be delivered by the state
17 universities. Specifically, the board shall better identify
18 and define the missions and roles of existing institutes and
19 centers at each state university, work to eliminate
20 duplication and confusion over conflicting roles and missions,
21 involve more students in learning with applied research and
22 public service activities, and be organizationally separate
23 from academic departments. The board shall meet at least
24 quarterly. The board may create internal management councils
25 that may include working institute and center directors. The
26 board is responsible for, but is not limited to:
27 (a) Providing strategic direction, planning, and
28 accompanying decisions that support a coordinated applied
29 public service and research approach in the state.
30 (b) Addressing state university policy matters and
31 making recommendations to the State Board of Education as they
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 relate to applied public service and research.
2 (c) Serving as a clearinghouse for services requested
3 by public officials.
4 (d) Providing support for funding and fiscal
5 initiatives involving applied public service and research.
6 (2) Membership of the board shall be:
7 (a) The Commissioner of Education, or the
8 commissioner's designee, who shall serve as chair.
9 (b) The director of the Office of Planning and
10 Budgeting of the Executive Office of the Governor.
11 (c) The secretary of the Department of Management
12 Services.
13 (d) The director of Economic and Demographic Research.
14 (e) The director of the Office of Program Policy
15 Analysis and Government Accountability.
16 (f) The President of the Florida League of Cities.
17 (g) The President for the Florida Association of
18 Counties.
19 (h) The President of the Florida School Board
20 Association.
21 (i) Five additional university president members,
22 designated by the commissioner, to rotate annually.
23 (3) The board shall prepare a report for the State
24 Board of Education to be submitted to the Governor and the
25 Legislature by January 1 of each year which summarizes the
26 work and recommendations of the board in meeting its purpose
27 and mission.
28 Section 211. Section 1004.59, Florida Statutes, is
29 created to read:
30 1004.59 Florida Conflict Resolution Consortium.--It is
31 the intent of the Legislature to reduce the public and private
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 costs of litigation; resolve public disputes, including those
2 related to growth management issues, more quickly and
3 effectively; and improve intergovernmental communications,
4 cooperation, and consensus building. The Legislature hereby
5 formally establishes the Florida Conflict Resolution
6 Consortium as a statewide center based at Florida State
7 University, or at another campus as may be designated by the
8 Commissioner of Education. The purpose of the consortium is
9 to serve as a neutral resource to assist citizens and public
10 and private interests in Florida to seek cost-effective
11 solutions to public disputes and problems through the use of
12 alternative dispute resolution and consensus building.
13 Section 212. Section 1004.60, Florida Statutes, is
14 created to read:
15 1004.60 Research of Rosewood incident.--State
16 universities shall continue the research of the Rosewood
17 incident and the history of race relations in Florida and
18 develop materials for the educational instruction of these
19 events.
20 Section 213. Section 1004.61, Florida Statutes, is
21 created to read:
22 1004.61 Partnerships to develop child protection
23 workers.--The Department of Children and Family Services is
24 directed to form partnerships with the schools of social work
25 of the state universities in order to encourage the
26 development of graduates trained to work in child protection.
27 The department shall give hiring preferences for child
28 protection jobs to graduates who have earned bachelor's and
29 master's degrees from these programs with a concentration in
30 child protection. The partnership between the Department of
31 Children and Family Services and the schools of social work
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall include, but not be limited to, modifying existing
2 graduate and undergraduate social work curricula, providing
3 field placements for students into child protection
4 internships in the department, and collaborating in the design
5 and delivery of advanced levels of social work practice.
6 Section 214. Section 1004.62, Florida Statutes, is
7 created to read:
8 1004.62 Incentives for urban or socially and
9 economically disadvantaged area internships.--The Legislature
10 establishes incentives for urban or socially and economically
11 disadvantaged area internships to give university students the
12 opportunity to study the social, economic, educational, and
13 political life of inner cities in metropolitan or socially and
14 economically disadvantaged areas of the state. The incentives
15 are for internships that are open to students in all
16 disciplines, including business, education, physical science,
17 social science, the liberal arts, and the fine arts.
18 Incentives may be given to any state university. Incentives
19 must be for one semester's duration, or more, in which an
20 intern may earn up to 12 hours of credit for the internship.
21 Student interns must work in teams to address a specific urban
22 or socially and economically disadvantaged area social problem
23 or carry out an urban or socially and economically
24 disadvantaged area social program. The results of each team's
25 work must be published in a report and distributed to the
26 colleges of education at each state university.
27 Section 215. Part III of chapter 1004, Florida
28 Statutes, shall be entitled "Community Colleges" and shall
29 consist of ss. 1004.65-1004.81.
30 Section 216. Part III.a. of chapter 1004, Florida
31 Statutes, shall be entitled "General Provisions" and shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 consist of ss. 1004.65-1004.726.
2 Section 217. Section 1004.65, Florida Statutes, is
3 created to read:
4 1004.65 Community colleges; definition, mission, and
5 responsibilities.--
6 (1) Community colleges shall consist of all public
7 educational institutions operated by community college
8 district boards of trustees under statutory authority and
9 rules of the State Board of Education.
10 (2) Each community college district authorized by law
11 and the Department of Education is an independent, separate,
12 legal entity created for the operation of a community college.
13 (3) A community college may provide adult education
14 services, including adult basic education, adult general
15 education, adult secondary education, and general educational
16 development test instruction.
17 (4) The community colleges are locally based and
18 governed entities with statutory and funding ties to state
19 government. As such, the community colleges' mission reflects
20 a commitment to be responsive to local educational needs and
21 challenges. In achieving this mission, the community colleges
22 strive to maintain sufficient local authority and flexibility
23 while preserving appropriate legal accountability to the
24 state.
25 (5) As comprehensive institutions, the community
26 colleges shall provide high-quality, affordable education and
27 training opportunities, shall foster a climate of excellence,
28 and shall provide opportunities to all while combining high
29 standards with an open-door admission policy. The community
30 colleges shall, as open-access institutions, serve all who can
31 benefit, without regard to age, race, gender, creed, or ethnic
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or economic background, while emphasizing the achievement of
2 social and educational equity so that all can be prepared for
3 full participation in society.
4 (6) The primary mission and responsibility of
5 community colleges is responding to community needs for
6 postsecondary academic education and technical degree
7 education. This mission and responsibility includes being
8 responsible for:
9 (a) Providing lower level undergraduate instruction
10 and awarding associate degrees.
11 (b) Preparing students directly for vocations
12 requiring less than baccalaureate degrees. This may include
13 preparing for job entry, supplementing of skills and
14 knowledge, and responding to needs in new areas of technology.
15 Career and technical education in the community college shall
16 consist of technical certificates, credit courses leading to
17 associate in science degrees and associate in applied science
18 degrees, and other programs in fields requiring substantial
19 academic work, background, or qualifications. A community
20 college may offer career and technical education programs in
21 fields having lesser academic or technical requirements.
22 (c) Providing student development services, including
23 assessment, student tracking, support for disabled students,
24 advisement, counseling, financial aid, career development, and
25 remedial and tutorial services, to ensure student success.
26 (d) Promoting economic development for the state
27 within each community college district through the provision
28 of special programs, including, but not limited to, the:
29 1. Enterprise Florida-related programs.
30 2. Technology transfer centers.
31 3. Economic development centers.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 4. Workforce literacy programs.
2 (e) Providing dual enrollment instruction.
3 (7) A separate and secondary role for community
4 colleges includes:
5 (a) Providing upper level instruction and awarding
6 baccalaureate degrees as specifically authorized by law.
7 (b) The offering of programs in:
8 1. Community services that are not directly related to
9 academic or occupational advancement.
10 2. Adult general education.
11 3. Recreational and leisure services.
12 (8) Funding for community colleges shall reflect their
13 mission as follows:
14 (a) Postsecondary academic and career and technical
15 education programs and adult general education programs shall
16 have first priority in community college funding.
17 (b) Community service programs shall be presented to
18 the Legislature with rationale for state funding. The
19 Legislature may identify priority areas for use of these
20 funds.
21 (9) Community colleges are authorized to offer such
22 programs and courses as are necessary to fulfill their mission
23 and are authorized to grant associate in arts degrees,
24 associate in science degrees, associate in applied science
25 degrees, certificates, awards, and diplomas. Each community
26 college is also authorized to make provisions for the general
27 educational development test. Each community college may
28 provide access to baccalaureate degrees in accordance with
29 law.
30 Section 218. Section 1004.66, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1004.66 "Community college" and "junior college" used
2 interchangeably.--Whenever the terms "community college" and
3 "junior college" appear in the Florida Statutes in reference
4 to a tax-supported institution, they shall be construed
5 identically.
6 Section 219. Section 1004.67, Florida Statutes, is
7 created to read:
8 1004.67 Community colleges; legislative intent.--It is
9 the legislative intent that community colleges, constituted as
10 political subdivisions of the state, continue to be operated
11 by community college boards of trustees as provided in s.
12 1001.63 and that no department, bureau, division, agency, or
13 subdivision of the state exercise any responsibility and
14 authority to operate any community college of the state except
15 as specifically provided by law or rules of the State Board of
16 Education.
17 Section 220. Section 1004.68, Florida Statutes, is
18 created to read:
19 1004.68 Community college; degrees and certificates;
20 tests for certain skills.--
21 (1) Each community college board of trustees shall
22 adopt rules establishing student performance standards for the
23 award of degrees and certificates.
24 (2) Each community college board of trustees shall
25 require the use of scores on tests for college-level
26 communication and computation skills provided in s.
27 1008.345(8) as a condition for graduation with an associate in
28 arts degree.
29 Section 221. Section 1004.70, Florida Statutes, is
30 created to read:
31 1004.70 Community college direct-support
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 organizations.--
2 (1) DEFINITIONS.--For the purposes of this section:
3 (a) "Community college direct-support organization"
4 means an organization that is:
5 1. A Florida corporation not for profit, incorporated
6 under the provisions of chapter 617 and approved by the
7 Department of State.
8 2. Organized and operated exclusively to receive,
9 hold, invest, and administer property and to make expenditures
10 to, or for the benefit of, a community college in this state.
11 3. An organization that the community college board of
12 trustees, after review, has certified to be operating in a
13 manner consistent with the goals of the community college and
14 in the best interest of the state. Any organization that is
15 denied certification by the board of trustees may not use the
16 name of the community college that it serves.
17 (b) "Personal services" includes full-time or
18 part-time personnel as well as payroll processing.
19 (2) BOARD OF DIRECTORS.--The chair of the board of
20 trustees shall appoint a representative to the board of
21 directors and the executive committee of each direct-support
22 organization established under this section, including those
23 established before July 1, 1998. The president of the
24 community college for which the direct-support organization is
25 established, or the president's designee, shall also serve on
26 the board of directors and the executive committee of the
27 direct-support organization, including any direct-support
28 organization established before July 1, 1998.
29 (3) USE OF PROPERTY.--
30 (a) The board of trustees is authorized to permit the
31 use of property, facilities, and personal services at any
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 community college by any community college direct-support
2 organization, subject to the provisions of this section.
3 (b) The board of trustees is authorized to prescribe
4 by rule any condition with which a community college
5 direct-support organization must comply in order to use
6 property, facilities, or personal services at any community
7 college.
8 (c) The board of trustees may not permit the use of
9 property, facilities, or personal services at any community
10 college by any community college direct-support organization
11 that does not provide equal employment opportunities to all
12 persons regardless of race, color, national origin, gender,
13 age, or religion.
14 (4) ACTIVITIES; RESTRICTIONS.--
15 (a) A direct-support organization may, at the request
16 of the board of trustees, provide residency opportunities on
17 or near campus for students.
18 (b) A direct-support organization that constructs
19 facilities for use by a community college or its students must
20 comply with all requirements of law relating to the
21 construction of facilities by a community college, including
22 requirements for competitive bidding.
23 (c) Any transaction or agreement between one
24 direct-support organization and another direct-support
25 organization or between a direct-support organization and a
26 center of technology innovation designated under s. 1004.77
27 must be approved by the board of trustees.
28 (d) A community college direct-support organization is
29 prohibited from giving, either directly or indirectly, any
30 gift to a political committee or committee of continuous
31 existence as defined in s. 106.011 for any purpose other than
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 those certified by a majority roll call vote of the governing
2 board of the direct-support organization at a regularly
3 scheduled meeting as being directly related to the educational
4 mission of the community college.
5 (5) ANNUAL BUDGETS AND REPORTS.--Each direct-support
6 organization shall submit to the board of trustees its federal
7 Internal Revenue Service Application for Recognition of
8 Exemption form (Form 1023) and its federal Internal Revenue
9 Service Return of Organization Exempt from Income Tax form
10 (Form 990).
11 (6) ANNUAL AUDIT.--Each direct-support organization
12 shall provide for an annual financial audit in accordance with
13 rules adopted by the Auditor General pursuant to s. 11.45(8).
14 The annual audit report must be submitted, within 9 months
15 after the end of the fiscal year, to the Auditor General, the
16 State Board of Education, and the board of trustees for
17 review. The board of trustees, the Auditor General, and the
18 Office of Program Policy Analysis and Government
19 Accountability may require and receive from the organization
20 or from its independent auditor any detail or supplemental
21 data relative to the operation of the organization. The
22 identity of donors who desire to remain anonymous shall be
23 protected, and that anonymity shall be maintained in the
24 auditor's report. All records of the organization, other than
25 the auditor's report, any information necessary for the
26 auditor's report, any information related to the expenditure
27 of funds, and any supplemental data requested by the board of
28 trustees, the Auditor General, and the Office of Program
29 Policy Analysis and Government Accountability, shall be
30 confidential and exempt from the provisions of s. 119.07(1).
31 Section 222. Section 1004.71, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1004.71 Statewide community college direct-support
3 organizations.--
4 (1) DEFINITIONS.--For the purposes of this section:
5 (a) "Statewide community college direct-support
6 organization" means an organization that is:
7 1. A Florida corporation not for profit, incorporated
8 under the provisions of chapter 617 and approved by the
9 Department of State.
10 2. Organized and operated exclusively to receive,
11 hold, invest, and administer property and to make expenditures
12 to, or for the benefit of, the community colleges in this
13 state.
14 3. An organization that the State Board of Education,
15 after review, has certified to be operating in a manner
16 consistent with the goals of the community colleges and in the
17 best interest of the state.
18 (b) "Personal services" includes full-time or
19 part-time personnel as well as payroll processing.
20 (2) BOARD OF DIRECTORS.--The chair of the State Board
21 of Education may appoint a representative to the board of
22 directors and the executive committee of any statewide,
23 direct-support organization established under this section or
24 s. 1004.70. The chair of the State Board of Education, or the
25 chair's designee, shall also serve on the board of directors
26 and the executive committee of any direct-support organization
27 established to benefit the community colleges of Florida.
28 (3) USE OF PROPERTY.--
29 (a) The State Board of Education may permit the use of
30 property, facilities, and personal services of the Department
31 of Education by any statewide community college direct-support
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 organization, subject to the provisions of this section.
2 (b) The State Board of Education may prescribe by rule
3 any condition with which a statewide community college
4 direct-support organization must comply in order to use
5 property, facilities, or personal services of the Department
6 of Education.
7 (c) The State Board of Education may not permit the
8 use of property, facilities, or personal services of the
9 Department of Education by any statewide community college
10 direct-support organization that does not provide equal
11 employment opportunities to all persons regardless of race,
12 color, national origin, gender, age, or religion.
13 (4) RESTRICTIONS.--
14 (a) A statewide, direct-support organization may not
15 use public funds to acquire, construct, maintain, or operate
16 any facilities.
17 (b) Any transaction or agreement between a statewide,
18 direct-support organization and any other direct-support
19 organization or between a statewide, direct-support
20 organization and a center of technology innovation designated
21 under s. 1004.77 must be approved by the State Board of
22 Education.
23 (c) A statewide community college direct-support
24 organization is prohibited from giving, either directly or
25 indirectly, any gift to a political committee or committee of
26 continuous existence as defined in s. 106.011 for any purpose
27 other than those certified by a majority roll call vote of the
28 governing board of the direct-support organization at a
29 regularly scheduled meeting as being directly related to the
30 educational mission of the State Board of Education.
31 (5) ANNUAL BUDGETS AND REPORTS.--Each direct-support
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 organization shall submit to the State Board of Education its
2 federal Internal Revenue Service Application for Recognition
3 of Exemption form (Form 1023) and its federal Internal Revenue
4 Service Return of Organization Exempt from Income Tax form
5 (Form 990).
6 (6) ANNUAL AUDIT.--A statewide community college
7 direct-support organization shall provide for an annual
8 financial audit in accordance with s. 1004.70. The identity of
9 a donor or prospective donor who desires to remain anonymous
10 and all information identifying such donor or prospective
11 donor are confidential and exempt from the provisions of s.
12 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
13 anonymity shall be maintained in the auditor's report.
14 Section 223. Section 1004.725, Florida Statutes, is
15 created to read:
16 1004.725 Expenditures for self-insurance services;
17 special account.--
18 (1) The community college boards of trustees, singly
19 or collectively, are authorized to contract with an
20 administrator or service company approved by the Department of
21 Insurance pursuant to chapter 626 to provide self-insurance
22 services, including, but not limited to, the evaluation,
23 settlement, and payment of self-insurance claims on behalf of
24 the board of trustees or a consortium of boards of trustees.
25 (2) Pursuant to such a contract, a board of trustees
26 may advance moneys to the administrator or service company to
27 be deposited in a special account for paying claims against
28 the board of trustees under its self-insurance program. The
29 special account shall be maintained in a designated depository
30 as provided by s. 136.01. The board of trustees may replenish
31 such account as often as necessary upon the presentation by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the administrator or service company of documentation for
2 claims paid in an amount equal to the amount of the requested
3 reimbursement. Any contract for disbursement of funds from the
4 special account shall ensure that the payments are subject to
5 proper disbursement controls and accounting procedures.
6 Section 224. Section 1004.726, Florida Statutes, is
7 created to read:
8 1004.726 Trademarks, copyrights, or patents.--Each
9 community college board of trustees may develop and produce
10 work products relating to educational endeavors that are
11 subject to trademark, copyright, or patent statutes. To this
12 end, the board of trustees shall consider the relative
13 contribution by the personnel employed in the development of
14 such work products and shall enter into binding agreements
15 with such personnel, organizations, corporations, or
16 government entities, which agreements shall establish the
17 percentage of ownership of such trademarks, copyrights, or
18 patents. Any other law to the contrary notwithstanding, the
19 board of trustees may in its own name:
20 (1) Perform all things necessary to secure letters of
21 patent, copyrights, and trademarks on any such work products
22 and enforce its rights therein.
23 (2) License, lease, assign, or otherwise give written
24 consent to any person, firm, or corporation for the
25 manufacture or use of its work products on a royalty basis or
26 for such other consideration as the board of trustees deems
27 proper.
28 (3) Take any action necessary, including legal action,
29 to protect its work products against improper or unlawful use
30 of infringement.
31 (4) Enforce the collection of any sums due the board
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of trustees for the manufacture or use of its work products by
2 any other party.
3 (5) Sell any of its work products and execute all
4 instruments necessary to consummate any such sale.
5 (6) Do all other acts necessary and proper for the
6 execution of powers and duties provided by this section.
7 Section 225. Part III.b. of chapter 1004, Florida
8 Statutes, shall be entitled "Special Programs; Centers" and
9 shall consist of ss. 1004.73-1004.81.
10 Section 226. Section 1004.73, Florida Statutes, is
11 created to read:
12 1004.73 St. Petersburg College.--
13 (1) LEGISLATIVE INTENT.--The Legislature intends to
14 create an innovative means to increase access to baccalaureate
15 degree level education in populous counties that are
16 underserved by public baccalaureate degree granting
17 institutions. This education is intended to address the
18 state's workforce needs, especially the need for teachers,
19 nurses, and business managers in agencies and firms that
20 require expertise in technology.
21 (2) ST. PETERSBURG COLLEGE; MISSION; POLICIES.--St.
22 Petersburg College shall immediately seek accreditation from
23 the Southern Association of Colleges and Schools as a
24 baccalaureate degree granting college.
25 (a) The primary mission of St. Petersburg College is
26 to provide high-quality undergraduate education at an
27 affordable price for students and the state. The purpose is to
28 promote economic development by preparing people for
29 occupations that require a bachelor's degree and are in demand
30 by existing or emerging public and private employers in this
31 state.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) St. Petersburg College shall maintain the mission
2 and policies of a Florida community college, including the
3 open-door admissions policy and the authority to offer all
4 programs consistent with a community college's authority.
5 (c) St. Petersburg College shall maintain the
6 distinction between the college and its university center. St.
7 Petersburg College is limited to community college programs
8 and to selected baccalaureate degree level programs that meet
9 community needs and are authorized as provided by this
10 section. The University Center may make available more diverse
11 program offerings, but those programs are offered by a
12 participating college or university and are not to be
13 classified or funded as programs of St. Petersburg College.
14 (d) The academic policies of the upper-division
15 program at St. Petersburg College must be in accordance with
16 policies of the State Board of Education.
17 (e) Sections 1013.39 and 1013.82 apply to St.
18 Petersburg College.
19 (3) STUDENTS; FEES.--
20 (a) St. Petersburg College shall maintain separate
21 records for students who are enrolled in courses classified in
22 the upper division and lower division of a baccalaureate
23 program, according to the statewide course numbering system. A
24 student shall be reported as a community college student for
25 enrollment in a lower-division course and as a baccalaureate
26 degree program student for enrollment in an upper-division
27 course.
28 (b) The Board of Trustees of St. Petersburg College
29 shall establish the level of tuition and other authorized
30 student fees consistent with law and proviso in the General
31 Appropriations Act.
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1 1. For each credit hour of enrollment in a certificate
2 level course or lower-division level college credit course,
3 tuition and fees must be within the range authorized in law
4 and rule for a community college student at that level.
5 2. For each credit hour of enrollment in an
6 upper-division level course, matriculation and tuition fees
7 must be in an amount established by the Board of Trustees of
8 St. Petersburg College. However, fees for upper-division
9 students must reflect the fact that the college does not incur
10 the costs of major research programs. Therefore, the board of
11 trustees shall establish fees for upper-division students
12 within a range that is lower than the fees established for
13 students at a state university but higher than the fees for
14 community college students.
15 3. Other mandatory fees and local fees must be at the
16 same level for all lower-division students. For upper-division
17 students, other mandatory fees and local fees must be at a
18 level less than fees established for University of South
19 Florida students, regardless of program enrollment or level.
20 However, students in workforce development education courses
21 maintain the authorized fee exemptions described in s. 1009.25
22 and may be exempt from local fees imposed by the board of
23 trustees, at the board's discretion.
24 (4) DEGREES.--
25 (a) In addition to the certificates, diplomas, and
26 degrees authorized in s. 1004.65, St. Petersburg College may
27 offer selected baccalaureate degrees. Initially, the college
28 may offer programs that lead to a baccalaureate degree in the
29 following fields:
30 1. Bachelor of Science in Nursing. This program must
31 be designed to articulate with the associate in science degree
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1 in nursing. St. Petersburg College shall continue to offer the
2 associate in science degree in nursing.
3 2. Bachelor of Arts and Bachelor of Science in
4 Elementary Education.
5 3. Bachelor of Arts and Bachelor of Science in Special
6 Education.
7 4. Bachelor of Arts and Bachelor of Science in
8 Secondary Education.
9 5. Bachelor of Applied Science in fields selected by
10 the Board of Trustees of St. Petersburg College. The board of
11 trustees shall base the selection on an analysis of workforce
12 needs and opportunities in the following counties: Pinellas,
13 Pasco, Hernando, and other counties approved by the Department
14 of Education. For each program selected, St. Petersburg
15 College must offer a related associate in science or associate
16 in applied science degree program, and the baccalaureate
17 degree level program must be designed to articulate fully with
18 at least one associate in science degree program. The college
19 is encouraged to develop articulation agreements for
20 enrollment of graduates of related associate in applied
21 science degree programs.
22 (b) St. Petersburg College may offer courses that
23 enable teachers to qualify for certification and
24 recertification as required by law or rule.
25 (c) St. Petersburg College may offer programs to
26 provide opportunities for a person who holds a baccalaureate
27 degree, but is not certified to teach, to obtain any
28 additional courses required for teacher certification.
29 (d) Master's degree level programs and doctoral
30 programs may be provided by agreement with a college or
31 university participating in the University Center of St.
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1 Petersburg College.
2 (e) For those students living outside Pinellas County,
3 St. Petersburg College shall recruit for the upper division
4 only those students who have earned an associate degree. In
5 recruiting upper-division students in Pasco and Hernando
6 Counties, St. Petersburg College shall work cooperatively with
7 Pasco-Hernando Community College and shall seek to offer
8 courses and programs at Pasco-Hernando Community College when
9 feasible. The nursing programs, in particular, must be
10 conducted cooperatively, and programs at St. Petersburg
11 College shall not conflict with Pasco-Hernando Community
12 College's and the University of South Florida's cooperative
13 nursing program.
14 (5) BOARDS.--
15 (a) The Board of Trustees of St. Petersburg College
16 serves as the college's governing board. The Governor shall
17 appoint members as provided in s. 1001.61, and the board has
18 the duties and authorities granted in ss. 1001.63 and 1001.64
19 and by rules of the State Board of Education.
20 (b) The Board of Trustees of St. Petersburg College
21 may authorize direct-support organizations as authorized in
22 ss. 1004.28 and 1004.70.
23 (c) The Board of Trustees of St. Petersburg College
24 may continue to award degrees, diplomas, and certificates as
25 authorized for St. Petersburg Junior College, and in the name
26 of St. Petersburg Junior College, until St. Petersburg College
27 receives its accreditation.
28 (d) A coordinating board shall assist the board of
29 trustees in its deliberations concerning issues that affect
30 the upper division of St. Petersburg College. The coordinating
31 board consists of the President of the University of South
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1 Florida, the President of St. Petersburg College, the
2 President of Pasco-Hernando Community College, and the chairs
3 of the boards of trustees of those institutions.
4 (e) Beginning 4 years after the college receives
5 accreditation to offer baccalaureate degrees, the Board of
6 Trustees of St. Petersburg College may determine additional
7 programs to be offered, with the approval of the coordinating
8 board. The determination must consider community needs and
9 economic opportunities.
10 (f) The coordinating board shall meet at the request
11 of the President of the University of South Florida or the
12 President of St. Petersburg College.
13 (g) If the coordinating board cannot decide an issue
14 of importance to the programs designed for upper-division
15 students, the State Board of Education shall resolve the
16 issue.
17 (6) EMPLOYEES.--
18 (a) Employment at St. Petersburg College is governed
19 by the same laws that govern community colleges, except that
20 upper-division faculty are eligible for continuing contracts
21 upon the completion of the fifth year of teaching.
22 (b) Employee records for all personnel shall be
23 maintained as required by s. 1012.81.
24 (7) FACILITIES.--St. Petersburg College may request
25 funding from the Public Education Capital Outlay and Debt
26 Service Trust Fund as a community college and as a university.
27 The municipalities in Pinellas County, the Board of County
28 Commissioners of Pinellas County, and all other governmental
29 entities are authorized to cooperate with the Board of
30 Trustees of St. Petersburg College in establishing this
31 institution. The acquisition and donation of lands, buildings,
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1 and equipment for the use of St. Petersburg College are
2 authorized as a public purpose. The Board of County
3 Commissioners of Pinellas County and all municipalities in
4 Pinellas County may exercise the power of eminent domain to
5 acquire lands, buildings, and equipment for the use of St.
6 Petersburg College, regardless of whether such lands,
7 buildings, and equipment are located in a community
8 redevelopment area.
9 (8) STATE FUNDING.--
10 (a) The Legislature intends to fund St. Petersburg
11 College as a community college for its workforce development
12 education programs and for its lower-division level college
13 credit courses and programs.
14 (b) The Legislature intends to fund St. Petersburg
15 College as a baccalaureate degree level institution for its
16 upper-division level courses and programs.
17 Section 227. Section 1004.74, Florida Statutes, is
18 created to read:
19 1004.74 Florida School of the Arts.--
20 (1) As the state strives to achieve excellence in all
21 aspects of public education, it is the intent of the
22 Legislature that specific attention be given to the needs of
23 artistically talented high school and college students. It is
24 further intended that such students who are occupationally
25 oriented to the arts be provided with the means for achieving
26 both an academic education and artistic training appropriate
27 to their gifts.
28 (2) There is created the Florida School of the Arts.
29 The school shall offer a program of academic and artistic
30 studies in the visual and performing arts, which program shall
31 be available to talented high school and college students in
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1 the state.
2 (3) The Florida School of the Arts is assigned to the
3 District Board of Trustees of the St. Johns River Community
4 College for purposes of administration and governance; but the
5 Florida School of the Arts, within appropriations and
6 limitations established annually by the Legislature, shall
7 serve as a professional school on a statewide basis for all
8 qualified students.
9 (4) The Council for the Florida School of the Arts
10 shall be established to advise the community college district
11 board of trustees on matters pertaining to the operation of
12 the school. The council shall consist of nine members,
13 appointed by the Commissioner of Education for 4-year terms. A
14 member may serve three terms and may serve until replaced.
15 Section 228. Section 1004.75, Florida Statutes, is
16 created to read:
17 1004.75 Training school consolidation pilot
18 projects.--
19 (1) ESTABLISHMENT.--To consolidate and more
20 efficiently use state and taxpayer resources by combining
21 training programs, pilot training centers are established to
22 provide public criminal justice training in Leon and St. Johns
23 Counties. The following pilot training centers are
24 established:
25 (a) The Pat Thomas Center at Tallahassee Community
26 College.
27 (b) The Criminal Justice Academy at St. Johns River
28 Community College.
29 (2) EXISTING PUBLIC CRIMINAL JUSTICE TRAINING
30 PROGRAMS.--Notwithstanding ss. 1001.31, 1001.33, and 1007.25,
31 or any other provision of law to the contrary, criminal
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1 justice training programs in the pilot counties will transfer
2 to community colleges, effective July 1, 1999, at which time
3 responsibility for the provision of basic recruit, advanced,
4 career development, and continuing training courses and
5 programs offered in public criminal justice training programs
6 and for the operation of existing public criminal justice
7 training programs will be shifted from the school district to
8 the community college in whose service area the public
9 criminal justice training program is located. Certification of
10 the program granted by the Criminal Justice Standards and
11 Training Commission will be transferred to the respective
12 community college and the college must continue to meet the
13 requirements of the commission.
14 (3) FACILITIES.--
15 (a) Criminal justice training program educational
16 facilities, educational plants, and related equipment as
17 defined in s. 1013.01(6) and (7) which are owned by the state
18 and paid for with only state funds shall be transferred to the
19 community college, except that, if such an educational
20 facility or educational plant or part of such facility or
21 plant is used for other purposes in addition to public
22 criminal justice training, the Criminal Justice Standards and
23 Training Commission shall mediate the transfer or a suitable
24 multiuse arrangement.
25 (b) Criminal justice training program educational
26 facilities, educational plants, and related equipment as
27 defined in s. 1013.01(6) and (7) which are owned by the school
28 district and paid for in whole or in part with local tax funds
29 shall be leased to the community college. However, if such an
30 educational facility or educational plant, or part of such
31 facility or plant, is used for other purposes in addition to
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1 public criminal justice training, the Criminal Justice
2 Standards and Training Commission shall mediate a suitable
3 lease agreement. If a school district and a community college
4 cannot agree on the terms and conditions of the lease
5 agreement, the Criminal Justice Standards and Training
6 Commission shall finalize the agreement and report its
7 decision to the Legislature. The Department of Education,
8 Office of Educational Facilities, shall conduct an analysis,
9 by December 31, 1999, to determine the amount of local tax
10 contribution used in the construction of a
11 school-district-owned criminal justice training program,
12 educational facility, or educational plant affected by the
13 transfer. This analysis shall be used to establish a purchase
14 price for the facility or plant. The community college board
15 of trustees may make a legislative budget request through the
16 State Board of Education to purchase the facility or plant, or
17 it may continue to lease the facility or plant.
18 (4) PROGRAM REQUIREMENTS.--Each pilot training center
19 will be regional in nature, as defined by the Criminal Justice
20 Standards and Training Commission. Each community college with
21 responsibility for a public criminal justice training program
22 must:
23 (a) Establish a pilot training center advisory
24 committee made up of professionals from the field of each
25 training program included in the pilot project.
26 (b) Provide certificate and noncredit options for
27 students and training components of the pilot training center
28 that so require.
29 (c) Develop an articulation agreement with state
30 universities to facilitate the transfer of graduates of a
31 community college degree training program to the upper
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Amendment No. ___ (for drafter's use only)
1 division of a state university with a corresponding program.
2 (5) STAFFING.--The community college board of trustees
3 may provide for school district public criminal justice
4 training staff employed in full-time budgeted positions to be
5 transferred into the community college personnel system at the
6 same rate of salary. Retirement and leave provisions will be
7 transferred according to law.
8 (6) FUNDING.--The Department of Education shall shift
9 funds generated by students in the pilot training centers
10 established by this section, including workforce development
11 recurring and nonrecurring funds, from the appropriate school
12 district to the respective community college. The community
13 college shall qualify for future facilities funding upon
14 transfer of the facility.
15 (a) Consistent with s. 1011.62(7), school districts
16 that transfer programs will receive an amount equal to 15
17 percent of the funding generated for the program under the
18 FEFP in 1996-1997.
19 (b) Reflecting the lower program costs in community
20 colleges, notwithstanding the funding generated in paragraph
21 (a), community colleges will receive 90 percent of the funding
22 generated for the program under the FEFP in 1996-1997. The
23 school district will retain the remaining 10 percent.
24 (c) Notwithstanding ss. 1011.80(5)(a) and
25 1009.22(3)(a), or any other provision of law to the contrary,
26 fees for continuing workforce education for public law
27 enforcement officers at these pilot centers shall not exceed
28 25 percent of the cost of the course, and state funding shall
29 not under any circumstances exceed 50 percent of the cost of
30 the course.
31 Section 229. Section 1004.76, Florida Statutes, is
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1 created to read:
2 1004.76 Florida Martin Luther King, Jr., Institute for
3 Nonviolence.--
4 (1) As used in this section:
5 (a) "Board" means the advisory board of the institute.
6 (b) "Institute" means the Florida Martin Luther King,
7 Jr., Institute for Nonviolence.
8 (2) There is hereby created the Florida Martin Luther
9 King, Jr., Institute for Nonviolence to be established at
10 Miami-Dade Community College. The institute shall have an
11 advisory board consisting of 13 members as follows: the
12 Attorney General, the Commissioner of Education, and 11
13 members to be appointed by the Governor, such members to
14 represent the population of the state based on its ethnic,
15 gender, and socioeconomic diversity. Of the members appointed
16 by the Governor, one shall be a member of the Senate appointed
17 by the Governor on the recommendation of the President of the
18 Senate; one shall be a member of the Senate appointed by the
19 Governor on the recommendation of the minority leader; one
20 shall be a member of the House of Representatives appointed by
21 the Governor on the recommendation of the Speaker of the House
22 of Representatives; one shall be a member of the House of
23 Representatives appointed by the Governor on the
24 recommendation of the minority leader; and seven shall be
25 members appointed by the Governor, no more than three of whom
26 shall be members of the same political party. The following
27 groups shall be represented by the seven members: the Florida
28 Sheriffs Association; the Florida Association of Counties; the
29 Florida League of Cities; state universities human services
30 agencies; community relations or human relations councils; and
31 youth. A chairperson shall be elected by the members and
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1 shall serve for a term of 3 years. Members of the board shall
2 serve the following terms of office which shall be staggered:
3 (a) A member of the Legislature appointed to the board
4 shall serve for a single term not to exceed 5 years and shall
5 serve as a member only while he or she is a member of the
6 Legislature.
7 (b) Of the seven members who are not members of the
8 Legislature, three shall serve for terms of 4 years, two shall
9 serve for terms of 3 years, and one shall serve for a term of
10 1 year. Thereafter, each member, except for a member
11 appointed to fill an unexpired term, shall serve for a 5-year
12 term. No member shall serve on the board for more than 10
13 years.
14
15 In the event of a vacancy occurring in the office of a member
16 of the board by death, resignation, or otherwise, the Governor
17 shall appoint a successor to serve for the balance of the
18 unexpired term.
19 (3)(a) The board shall provide for the holding of
20 regular and special meetings. A majority of the members shall
21 constitute a quorum for the transaction of any business, and
22 the acts of a majority of the members present at a meeting at
23 which a quorum is present shall be deemed to be the acts of
24 the board.
25 (b) An executive director shall be appointed by the
26 board and shall be the chief administrative and operational
27 officer of the board. The executive director shall direct and
28 supervise administrative affairs and the general management of
29 the board. The executive director may contract with or employ
30 legal and technical experts and such other employees,
31 permanent and temporary, as shall be authorized by the board.
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1 (c) Members of the board shall serve without
2 compensation, but shall be reimbursed for per diem and travel
3 expenses in accordance with s. 112.061.
4 (4) The institute shall have the following powers and
5 duties:
6 (a) To conduct training, provide symposia, and develop
7 continuing education and programs to promote skills in
8 nonviolent conflict resolution for persons in government,
9 private enterprise, community groups, and voluntary
10 associations.
11 (b) To enter into formal and informal relationships
12 with other public or private institutions for purposes of
13 fulfilling the goals of the institute and to ensure geographic
14 dispersion of services to all regions of the state.
15 (c) To establish a clearinghouse to provide materials,
16 including publications, handbooks, training manuals, and
17 audiovisual materials, on the programs, studies, research,
18 training, and educational opportunities of the institute.
19 (d) To adopt, amend, and alter bylaws not inconsistent
20 with the laws of the state.
21 (e) To charge and collect subscription and other
22 participation costs and fees for its services, including
23 publications and courses of study.
24 (f) To receive and accept from any federal, state, or
25 local agency grants, or advances for, or in aid of, the
26 purposes of this act and to receive and accept contributions
27 from any source of either money, property, labor, or other
28 things of value, to be held, used, and applied for said
29 purposes.
30 (g) To do any and all lawful acts and things necessary
31 or desirable to carry out the objectives and purposes of this
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1 act.
2 (5) The institute may establish fellowships through
3 the awarding of financial assistance to individuals and
4 organizations to enable them to pursue scholarly inquiry and
5 study other appropriate forms of strategies for peace and
6 nonviolent conflict resolution.
7 Section 230. Section 1004.77, Florida Statutes, is
8 created to read:
9 1004.77 Centers of technology innovation.--
10 (1) The State Board of Education may designate centers
11 of technology innovation at single community colleges,
12 consortia of community colleges, or consortia of community
13 colleges with other educational institutions. The state board
14 shall adopt rules necessary to implement the provisions of
15 this section. The state board shall cooperate with the
16 Workforce Florida, Inc., in the designation of the centers as
17 it relates to the centers of applied technology.
18 (2) Centers shall be designated when a community
19 college or consortia provides evidence that it has developed
20 expertise in one or more specialized technologies. To be
21 designated, the community college or consortia must provide
22 benefits to the state, which may include, but are not limited
23 to:
24 (a) Curriculum development.
25 (b) Faculty development.
26 (c) Research, testing, and technology transfer.
27 (d) Instructional equipment and materials
28 identification and development.
29 (e) Partnerships with industries dependent upon
30 staying current in the related technologies and in the
31 development of workforce capabilities.
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1 (f) Partnerships with industries needing to convert
2 their existing technology base to other technologies in order
3 to continue conducting business in Florida, including
4 converting defense-related technologies to other technologies.
5 (3) Centers may provide services to their service area
6 and receive funding through:
7 (a) Serving as a technology transfer center, as
8 created in s. 1004.78.
9 (b) Serving as an incubator facility for small
10 business concerns, as created in s. 1004.79.
11 (c) Serving as an economic development center, as
12 created in s. 1004.80.
13 (4) Centers may provide instruction, as follows:
14 (a) To students enrolled in the community college,
15 especially for purposes of providing training for technicians
16 in areas that support the employers involved in the technology
17 specialization.
18 (b) To students enrolled at the undergraduate and
19 graduate level in a university, college, or community college
20 which is a member of the designated consortia. Such enrollment
21 shall be funded by the enrolling institution.
22 (c) To employees in the service area needing training
23 and retraining in the technology of specialization, which may
24 include, but is not limited to, the retraining necessary to
25 convert defense-related technologies to other technologies.
26 (d) To secondary school students and teachers where
27 such instruction will stimulate interest in further education.
28 (5) The State Board of Education shall give priority
29 in the designation of centers to those community colleges that
30 specialize in technology in environmental areas and in areas
31 related to target industries of Enterprise Florida. Priority
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Amendment No. ___ (for drafter's use only)
1 in designation shall also be given to community colleges that
2 develop new and improved manufacturing techniques and related
3 business practices.
4 (6) Centers, including the facilities of the center,
5 may be made available to the public agencies of the state, the
6 counties and cities of the service area, and the employers of
7 the state and service area. Centers may also be used for
8 applied research in the area of specialization.
9 (7) Each center shall have a board of directors with
10 at least five members who shall be appointed by the district
11 board of trustees. The board of directors is responsible for
12 overseeing the operation of the center, approval of the annual
13 budget, and setting policy to guide the director in the
14 operation of the center. The board of directors shall consist
15 of at least the following:
16 (a) The director of the center.
17 (b) The vice president of academic affairs, or the
18 equivalent, of the community college.
19 (c) The vice president of business affairs, or the
20 equivalent, of the community college.
21 (d) Two members designated by the president of the
22 community college.
23 (8) Each center shall establish a schedule of fees or
24 rates to be charged to all who use the facilities of the
25 center. In addition, each center may negotiate user contracts
26 with governmental users, industrial users, researchers, public
27 or private educational institutions, or individuals for use of
28 the facilities. It is the intent of the Legislature that the
29 centers of technology innovation established pursuant to this
30 act shall not seek any additional state funding. Centers may
31 solicit and accept grants and donations, including, but not
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 limited to, federal and state grants to assist companies in
2 converting defense-related technologies to other technologies.
3 (9) The State Board of Education may award grants to
4 designated centers for the purposes of this section. Grants
5 awarded shall be in accordance with rules established by the
6 State Board of Education, which rules shall require an annual
7 report.
8 Section 231. Section 1004.78, Florida Statutes, is
9 created to read:
10 1004.78 Technology transfer centers at community
11 colleges.--
12 (1) Each community college may establish a technology
13 transfer center for the purpose of providing institutional
14 support to local business and industry and governmental
15 agencies in the application of new research in technology.
16 The primary responsibilities of such centers may include:
17 identifying technology research developed by universities,
18 research institutions, businesses, industries, the United
19 States Armed Forces, and other state or federal governmental
20 agencies; determining and demonstrating the application of
21 technologies; training workers to integrate advanced equipment
22 and production processes; and determining for business and
23 industry the feasibility and efficiency of accommodating
24 advanced technologies.
25 (2) The community college board of trustees shall set
26 such policies to regulate the activities of the technology
27 transfer center as it may consider necessary to effectuate the
28 purposes of this section and to administer the programs of the
29 center in a manner which assures efficiency and effectiveness,
30 producing the maximum benefit for the educational programs and
31 maximum service to the state. To this end, materials that
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 relate to methods of manufacture or production, potential
2 trade secrets, potentially patentable material, actual trade
3 secrets, business transactions, or proprietary information
4 received, generated, ascertained, or discovered during the
5 course of activities conducted within the community colleges
6 shall be confidential and exempt from the provisions of s.
7 119.07(1), except that a community college shall make
8 available upon request the title and description of a project,
9 the name of the investigator, and the amount and source of
10 funding provided for such project.
11 (3) A technology transfer center created under the
12 provisions of this section shall be under the supervision of
13 the board of trustees of that community college, which is
14 authorized to appoint a director; to employ full-time and
15 part-time staff, research personnel, and professional
16 services; to employ on a part-time basis personnel of the
17 community college; and to employ temporary employees whose
18 salaries are paid entirely from the permanent technology
19 transfer fund or from that fund in combination with other
20 nonstate sources, with such positions being exempt from the
21 requirements of the Florida Statutes relating to salaries,
22 except that no such appointment shall be made for a total
23 period of longer than 1 year.
24 (4) The board of trustees of the community college in
25 which a technology transfer center is created, or its
26 designee, may negotiate, enter into, and execute contracts;
27 solicit and accept grants and donations; and fix and collect
28 fees, other payments, and donations that may accrue by reason
29 thereof for technology transfer activities. The board of
30 trustees or its designee may negotiate, enter into, and
31 execute contracts on a cost-reimbursement basis and may
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Amendment No. ___ (for drafter's use only)
1 provide temporary financing of such costs prior to
2 reimbursement from moneys on deposit in the technology
3 transfer fund, except as may be prohibited elsewhere by law.
4 (5) A technology transfer center shall be financed
5 from the Academic Improvement Program or from moneys of a
6 community college which are on deposit or received for use in
7 the activities conducted in the center. Such moneys shall be
8 deposited by the community college in a permanent technology
9 transfer fund in a depository or depositories approved for the
10 deposit of state funds and shall be accounted for and
11 disbursed subject to audit by the Auditor General.
12 (6) The fund balance in any existing research trust
13 fund of a community college at the time a technology transfer
14 center is created shall be transferred to a permanent
15 technology transfer fund established for the community
16 college, and thereafter the fund balance of the technology
17 transfer fund at the end of any fiscal period may be used
18 during any succeeding period pursuant to this section.
19 (7) Moneys deposited in the permanent technology
20 transfer fund of a community college shall be disbursed in
21 accordance with the terms of the contract, grant, or donation
22 under which they are received. Moneys received for overhead
23 or indirect costs and other moneys not required for the
24 payment of direct costs shall be applied to the cost of
25 operating the technology transfer center.
26 (8) All purchases of a technology transfer center
27 shall be made in accordance with the policies and procedures
28 of the community college.
29 (9) The community college board of trustees may
30 authorize the construction, alteration, or remodeling of
31 buildings when the funds used are derived entirely from the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 technology transfer fund of a community college or from that
2 fund in combination with other nonstate sources, provided that
3 such construction, alteration, or remodeling is for use
4 exclusively by the center. It also may authorize the
5 acquisition of real property when the cost is entirely from
6 said funds. Title to all real property shall vest in the
7 board of trustees.
8 (10) The State Board of Education may award grants to
9 community colleges, or consortia of public and private
10 colleges and universities and other public and private
11 entities, for the purpose of supporting the objectives of this
12 section. Grants awarded pursuant to this subsection shall be
13 in accordance with rules of the State Board of Education.
14 Such rules shall include the following provisions:
15 (a) The number of centers established with state funds
16 provided expressly for the purpose of technology transfer
17 shall be limited, but shall be geographically located to
18 maximize public access to center resources and services.
19 (b) Grants to centers funded with state revenues
20 appropriated specifically for technology transfer activities
21 shall be reviewed and approved by the State Board of Education
22 using proposal solicitation, evaluation, and selection
23 procedures established by the state board in consultation with
24 Enterprise Florida, Inc. Such procedures may include
25 designation of specific areas or applications of technology as
26 priorities for the receipt of funding.
27 (c) Priority for the receipt of state funds
28 appropriated specifically for the purpose of technology
29 transfer shall be given to grant proposals developed jointly
30 by community colleges and public and private colleges and
31 universities.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (11) Each technology transfer center established under
2 the provisions of this section shall establish a technology
3 transfer center advisory committee. Each committee shall
4 include representatives of a university or universities
5 conducting research in the area of specialty of the center.
6 Other members shall be determined by the community college
7 board of trustees.
8 Section 232. Section 1004.79, Florida Statutes, is
9 created to read:
10 1004.79 Incubator facilities for small business
11 concerns.--
12 (1) Each community college established pursuant to s.
13 1004.02(2) may provide incubator facilities to eligible small
14 business concerns. As used in this section, "small business
15 concern" shall be defined as an independently owned and
16 operated business concern incorporated in Florida which is not
17 an affiliate or a subsidiary of a business dominant in its
18 field of operation, and which employs 25 or fewer full-time
19 employees. "Incubator facility" shall be defined as a facility
20 in which small business concerns share common space,
21 equipment, and support personnel and through which such
22 concerns have access to professional consultants for advice
23 related to the technical and business aspects of conducting a
24 commercial enterprise. The community college board of trustees
25 shall authorize concerns for inclusion in the incubator
26 facility.
27 (2) Each community college that provides an incubator
28 facility shall provide the following:
29 (a) Management and maintenance of the incubator
30 facility.
31 (b) Secretarial and other support personnel,
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1 equipment, and utilities.
2 (c) Mechanisms to assist with the acquisition of
3 technical, management, and entrepreneurial expertise to
4 resident and other local small business concerns.
5 (3) The incubator facility and any improvements to the
6 facility shall be owned or leased by the community college.
7 The community college may charge residents of the facility all
8 or part of the cost for facilities, utilities, and support
9 personnel and equipment. No small business concern shall
10 reside in the incubator facility for more than 5 calendar
11 years. The state shall not be liable for any act or failure
12 to act of any small business concern residing in an incubator
13 facility pursuant to this section or of any such concern
14 benefiting from the incubator facilities program.
15 (4) Community colleges are encouraged to establish
16 incubator facilities through which emerging small businesses
17 supportive of spaceport endeavors and other high-technology
18 enterprises may be served.
19 (5) Community colleges are encouraged to establish
20 incubator facilities through which emerging small businesses
21 supportive of development of content and technology for
22 digital broadband media and digital broadcasting may be
23 served.
24 Section 233. Section 1004.80, Florida Statutes, is
25 created to read:
26 1004.80 Economic development centers.--
27 (1) Community colleges may establish economic
28 development centers for the purpose of serving as liaisons
29 between community colleges and the business sector. The
30 responsibilities of each center shall include:
31 (a) Promoting the economic well-being of businesses
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and industries.
2 (b) Coordinating, with chambers of commerce,
3 government agencies, district school boards, and other
4 organizations, efforts to provide educational programs which
5 promote economic development, including, but not limited to,
6 business incubators, industrial development and research
7 parks, industry recruitment efforts, publication of business
8 research and resource guides, and sponsorship of workshops,
9 conferences, seminars, and consultation services.
10 (2) The board of trustees of a community college in
11 which an economic development center is created, or its
12 designee, may negotiate, enter into, and execute contracts;
13 solicit and accept grants and donations; and fix and collect
14 fees, other payments, and donations that may accrue by reason
15 of activities of the center and its staff.
16 (3) Economic development centers shall operate under
17 policies and procedures established by the community college
18 board of trustees.
19 (4) The State Board of Education may award grants to
20 economic development centers for the purposes of this section.
21 Grants awarded pursuant to this subsection shall be in
22 accordance with rules established by the State Board of
23 Education.
24 Section 234. Section 1004.81, Florida Statutes, is
25 created to read:
26 1004.81 Establishment of child development training
27 centers at community colleges.--
28 (1) The Legislature recognizes the importance of
29 preschool developmental education and the need for adult
30 students with limited economic resources to have access to
31 high-quality, affordable child care at variable hours for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 their children. It is therefore the intent of the Legislature
2 that community colleges provide high-quality, affordable child
3 care to the children of adult students enrolled in community
4 colleges. The primary purpose of these child development
5 training centers is to provide affordable child care for
6 children of adult students, particularly those who demonstrate
7 financial need, as well as for employees and staff of the
8 institution. Further, the child development training centers
9 are intended to provide both preschool instruction to the
10 children and clinical experiences for prospective child care
11 and early childhood instructional and administrative
12 personnel. A secondary mission of the centers shall be to
13 provide instruction in parenting skills for the clients of the
14 center as well as for the community.
15 (2) In consultation with the student government
16 association or a recognized student group representing the
17 student body, a community college board of trustees may
18 establish a child development training center in accordance
19 with this section. Each child development training center
20 shall be a child care center established to provide child care
21 during the day and at variable hours, including evenings and
22 weekends, for the children of students. Emphasis should be
23 placed on serving students who demonstrate financial need as
24 defined by the board of trustees. At least 50 percent of the
25 child care slots must be made available to students, and
26 financially needy students, as defined by the board of
27 trustees, shall receive child care slots first. The center may
28 serve the children of staff, employees, and faculty; however,
29 a designated number of child care slots shall not be allocated
30 for employees. Whenever possible, the center shall be located
31 on the campus of the community college. However, the board may
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Amendment No. ___ (for drafter's use only)
1 elect to provide child care services for students through
2 alternative mechanisms, which may include contracting with
3 private providers.
4 (3) There shall be a board of directors of each child
5 development training center, consisting of the president or
6 his or her designee, the student government president or his
7 or her designee, the chair of the department participating in
8 the center or his or her designee, and one parent for each 25
9 children enrolled in the center, elected by the parents of the
10 children enrolled in the center. There shall be a director of
11 each center, selected by the board of directors of the center.
12 The director shall be an ex officio, nonvoting member of the
13 board. The board of trustees shall establish local policies
14 and perform local oversight and operational guidance for the
15 center.
16 (4) Each center may charge fees for the care and
17 services it provides. Each board of trustees shall establish
18 mechanisms to facilitate access to center services for
19 students with financial need, which shall include a sliding
20 fee scale and other methods adopted by the board of trustees
21 to reduce or defray payment of fees for students. The board of
22 trustees is authorized to seek and receive grants and other
23 resources to support the operation of the child development
24 center.
25 (5) In addition to revenues derived from child care
26 fees charged to parents and other external resources, each
27 child development training center may be funded by a portion
28 of funds from the student activity and service fee authorized
29 by s. 1009.23(7) and the capital improvement fee authorized by
30 s. 1009.23(11). Community colleges are authorized to transfer
31 funds as necessary from the community college's general fund
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to support the operation of the child development training
2 center.
3 (6) This section does not preclude the continuation of
4 or in any way affect child care centers operated by community
5 colleges that were established by the district board of
6 trustees prior to July 1, 1994.
7 Section 235. Part IV of chapter 1004, Florida
8 Statutes, shall be entitled "Workforce Development Education"
9 and shall consist of ss. 1004.91-1004.98.
10 Section 236. Section 1004.91, Florida Statutes, is
11 created to read:
12 1004.91 Vocational-preparatory instruction.--
13 (1) The State Board of Education shall adopt, by rule,
14 standards of basic skill mastery for certificate technical
15 education programs. Each school district and community college
16 that conducts programs that confer technical credit shall
17 provide vocational-preparatory instruction through which
18 students receive the basic skills instruction required
19 pursuant to this section.
20 (2) Students who enroll in a program offered for
21 technical credit of 450 hours or more shall complete an
22 entry-level examination within the first 6 weeks of admission
23 into the program. The State Board of Education shall
24 designate examinations that are currently in existence, the
25 results of which are comparable across institutions, to assess
26 student mastery of basic skills. Any student found to lack the
27 required level of basic skills for such program shall be
28 referred to vocational-preparatory instruction or adult basic
29 education for a structured program of basic skills
30 instruction. Such instruction may include English for speakers
31 of other languages. A student may not receive a technical
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 certificate of completion without first demonstrating the
2 basic skills required in the state curriculum frameworks for
3 the program.
4 (3) An adult student with a disability may be exempted
5 from the provisions of this section. A student who possesses a
6 college degree at the associate in applied science level or
7 higher is exempt from this section. A student who has
8 completed or who is exempt from the college-level
9 communication and computation skills examination pursuant to
10 s. 1008.29, or who is exempt from the college entry-level
11 examination pursuant to s. 1008.29 is exempt from the
12 provisions of this section. Students who have passed a state,
13 national or industry licensure exam are exempt from this
14 section.
15 Section 237. Section 1004.92, Florida Statutes, is
16 created to read:
17 1004.92 Purpose and responsibilities for career and
18 technical education.--
19 (1) The purpose of career and technical education is
20 to enable students who complete career and technical programs
21 to attain and sustain employment and realize economic
22 self-sufficiency. The purpose of this section is to identify
23 issues related to career and technical education for which
24 school boards and community college boards of trustees are
25 accountable. It is the intent of the Legislature that the
26 standards articulated in subsection (2) be considered in the
27 development of accountability standards for public schools
28 pursuant to ss. 1000.03, 1008.345, and 1001.42(16) and for
29 community colleges pursuant to s. 1008.45.
30 (2) School board, superintendent, and technical
31 center, and community college board of trustees and president,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 accountability for career and technical education programs
2 includes, but is not limited to:
3 1. Student demonstration of the academic skills
4 necessary to enter an occupation.
5 2. Student preparation to enter an occupation in an
6 entry-level position or continue postsecondary study.
7 3. Career and technical program articulation with
8 other corresponding postsecondary programs and job training
9 experiences.
10 4. Employer satisfaction with the performance of
11 students who complete career and technical education or reach
12 occupational completion points.
13 5. Student completion, placement, and retention rates
14 pursuant to s. 1008.43.
15 (c) Department of Education accountability for career
16 and technical education includes, but is not limited to:
17 1. The provision of timely, accurate technical
18 assistance to school districts and community colleges.
19 2. The provision of timely, accurate information to
20 the State Board of Education, the Legislature, and the public.
21 3. The development of policies, rules, and procedures
22 that facilitate institutional attainment of the accountability
23 standards and coordinate the efforts of all divisions within
24 the department.
25 4. The development of program standards and
26 industry-driven benchmarks for career and technical, adult,
27 and community education programs, which must be updated every
28 3 years. The standards must include technical, academic, and
29 workplace skills; viability of distance learning for
30 instruction; and work/learn cycles that are responsive to
31 business and industry.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 5. Overseeing school district and community college
2 compliance with the provisions of this chapter.
3 6. Ensuring that the educational outcomes for the
4 technical component of career and technical programs and are
5 uniform and designed to provide a graduate who is capable of
6 entering the workforce on an equally competitive basis
7 regardless of the institution of choice.
8 (3) Each technical center operated by a district
9 school board shall establish a center advisory council
10 pursuant to s. 1001.452. The center advisory council shall
11 assist in the preparation and evaluation of center improvement
12 plans required pursuant to s. 1001.42(16) and may provide
13 assistance, upon the request of the center director, in the
14 preparation of the center's annual budget and plan as required
15 by s. 1008.385(1).
16 Section 238. Section 1004.93, Florida Statutes, is
17 created to read:
18 1004.93 Adult general education.--
19 (1)(a) The intent of this section is to encourage the
20 provision of educational services that will enable adults to
21 acquire:
22 1. The basic skills necessary to attain basic and
23 functional literacy.
24 2. A high school diploma or successfully complete the
25 general educational development test.
26 3. An educational foundation that will enable them to
27 become more employable, productive, and self-sufficient
28 citizens.
29 (b) It is further intended that educational
30 opportunities be available for adults who have earned a
31 diploma or high school equivalency diploma but who lack the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 basic skills necessary to function effectively in everyday
2 situations, to enter the job market, or to enter technical
3 certificate instruction.
4 (2) The adult education program must provide academic
5 services to students in the following priority:
6 (a) Students who demonstrate skills at less than a
7 fifth grade level, as measured by tests approved for this
8 purpose by the State Board of Education, and who are studying
9 to achieve basic literacy.
10 (b) Students who demonstrate skills at the fifth grade
11 level or higher, but below the ninth grade level, as measured
12 by tests approved for this purpose by the State Board of
13 Education, and who are studying to achieve functional
14 literacy.
15 (c) Students who are earning credit required for a
16 high school diploma or who are preparing for the general
17 educational development test.
18 (d) Students who have earned high school diplomas and
19 require specific improvement in order to:
20 1. Obtain or maintain employment or benefit from
21 certificate technical education programs;
22 2. Pursue a postsecondary degree; or
23 3. Develop competence in the English language to
24 qualify for employment.
25 (e) Students who enroll in lifelong learning courses
26 or activities that seek to address community social and
27 economic issues that consist of health and human relations,
28 government, parenting, consumer economics, and senior
29 citizens.
30 (f) Students who enroll in courses that relate to the
31 recreational or leisure pursuits of the students. The cost of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 courses conducted pursuant to this paragraph shall be borne by
2 the enrollees.
3 (3)(a) Each district school board or community college
4 board of trustees shall negotiate with the regional workforce
5 board for basic and functional literacy skills assessments for
6 participants in the welfare transition employment and training
7 programs. Such assessments shall be conducted at a site
8 mutually acceptable to the district school board or community
9 college board of trustees and the regional workforce board.
10 (b) State employees who are employed in local or
11 regional offices of state agencies shall inform clients of the
12 availability of adult basic and secondary programs in the
13 region. The identities of clients who do not possess high
14 school diplomas or who demonstrate skills below the level of
15 functional literacy shall be conveyed, with their consent, to
16 the local school district or community college, or both.
17 (c) To the extent funds are available, the Department
18 of Children and Family Services shall provide for day care and
19 transportation services to clients who enroll in adult basic
20 education programs.
21 (4)(a) Adult general education shall be evaluated and
22 funded as provided in s. 1011.80.
23 (b) Fees adult basic instruction are to be charged in
24 accordance with chapter 1009.
25 (c) The State Board of Education shall define, by
26 rule, the levels and courses of instruction to be funded
27 through the college-preparatory program. The state board shall
28 coordinate the establishment of costs for college-preparatory
29 courses, the establishment of statewide standards that define
30 required levels of competence, acceptable rates of student
31 progress, and the maximum amount of time to be allowed for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 completion of college-preparatory instruction.
2 College-preparatory instruction is part of an associate in
3 arts degree program and may not be funded as an adult and
4 technical education program.
5 (d) Expenditures for college-preparatory and lifelong
6 learning students shall be reported separately. Allocations
7 for college-preparatory courses shall be based on proportional
8 full-time equivalent enrollment. Program review results shall
9 be included in the determination of subsequent allocations. A
10 student shall be funded to enroll in the same
11 college-preparatory class within a skill area only twice,
12 after which time the student shall pay 100 percent of the full
13 cost of instruction to support the continuous enrollment of
14 that student in the same class; however, students who withdraw
15 or fail a class due to extenuating circumstances may be
16 granted an exception only once for each class, provided
17 approval is granted according to policy established by the
18 board of trustees. Each community college shall have the
19 authority to review and reduce payment for increased fees due
20 to continued enrollment in a college-preparatory class on an
21 individual basis contingent upon the student's financial
22 hardship, pursuant to definitions and fee levels established
23 by the State Board of Education. College-preparatory and
24 lifelong learning courses do not generate credit toward an
25 associate or baccalaureate degree.
26 (e) A district school board or a community college
27 board of trustees may negotiate a contract with the regional
28 workforce board for specialized services for participants in
29 the welfare transition program, beyond what is routinely
30 provided for the general public, to be funded by the regional
31 workforce board.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) If students who have been determined to be adults
2 with disabilities are enrolled in workforce development
3 programs, the funding formula must provide additional
4 incentives for their achievement of performance outputs and
5 outcomes.
6 (6) The commissioner shall recommend the level of
7 funding for public school and community college adult
8 education within the legislative budget request and make other
9 recommendations and reports considered necessary or required
10 by rules of the State Board of Education.
11 (7) Buildings, land, equipment, and other property
12 owned by a district school board or community college board of
13 trustees may be used for the conduct of the adult education
14 program. Buildings, land, equipment, and other property owned
15 or leased by cooperating public or private agencies,
16 organizations, or institutions may also be used for the
17 purposes of this section.
18 (8) The State Board of Education may adopt rules
19 necessary for the implementation of this section.
20 Section 239. Section 1004.94, Florida Statutes, is
21 created to read:
22 1004.94 Adult literacy.--
23 (1)(a) An adult, individualized literacy instruction
24 program is created for adults who possess literacy skills
25 below the ninth grade level. The purpose of the program is to
26 provide self-paced, competency-based, individualized tutorial
27 instruction. The commissioner shall administer this section in
28 coordination with community college boards of trustees, local
29 school boards, and the Division of Library and Information
30 Services of the Department of State.
31 (b) Local adult, individualized literacy instruction
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 programs may be coordinated with local public library systems
2 and with public or private nonprofit agencies, organizations,
3 or institutions. A local public library system and a public
4 or private nonprofit agency, organization, or institution may
5 use funds appropriated for the purposes of this section to
6 hire program coordinators. Such coordinators shall offer
7 training activities to volunteer tutors and oversee the
8 operation of local literacy programs. A local public library
9 system and a public or private nonprofit agency, organization,
10 or institution may also purchase student instructional
11 materials and modules that instruct tutors in the teaching of
12 basic and functional literacy and English for speakers of
13 other languages. To the extent funds are appropriated,
14 cooperating local library systems shall purchase, and make
15 available for loan, reading materials of high interest and
16 with a vocabulary appropriate for use by students who possess
17 literacy skills below the ninth grade level and students of
18 English for speakers of other languages.
19 (2)(a) The adult literacy program is intended to
20 increase adult literacy as prescribed in the agency functional
21 plan of the Department of Education. The commissioner shall
22 establish guidelines for the purpose of determining
23 achievement of this goal.
24 (b) Each participating local sponsor shall submit an
25 annual report to the commissioner which must contain
26 information to demonstrate the extent to which there has been
27 progress toward increasing the percentage of adults within the
28 service area who possess literacy skills.
29 (c) Based on the information provided from the local
30 reports, the commissioner shall develop an annual status
31 report on literacy and adult education.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) Funds appropriated for the purposes of this
2 section shall be allocated as grants for implementing adult
3 literacy programs. Such funds may not be used to supplant
4 funds used for activities that would otherwise be conducted in
5 the absence of literacy funding. A grant awarded pursuant to
6 this section may not exceed $50,000. Priority for the use of
7 such funds shall be given to paying expenses related to the
8 instruction of volunteer tutors, including materials and the
9 salary of the program coordinator. Local sponsors may also
10 accept funds from private sources for the purposes of this
11 section.
12 (4)(a) The commissioner shall submit a state adult
13 literacy plan to the State Board of Education to serve as a
14 reference for district school boards and community colleges
15 boards of trustees to increase adult literacy in their service
16 areas as prescribed in the agency functional plan of the
17 Department of Education. The plan must include, at a minimum:
18 1. Policies and objectives for adult literacy
19 programs, including evaluative criteria.
20 2. Strategies for coordinating adult literacy
21 activities with programs and services provided by other state
22 and local nonprofit agencies, as well as strategies for
23 maximizing other funding, resources, and expertise.
24 3. Procedures for identifying, recruiting, and
25 retaining adults who possess literacy skills below the ninth
26 grade level.
27 4. Sources of relevant demographic information and
28 methods of projecting the number of adults who possess
29 literacy skills below the ninth grade level.
30 5. Acceptable methods of demonstrating compliance with
31 the provisions of this section.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 6. Guidelines for the development and implementation
2 of local adult literacy plans. At a minimum, such guidelines
3 must address:
4 a. The recruitment and preparation of volunteer
5 tutors.
6 b. Interagency and intraagency cooperation and
7 coordination, especially with public libraries and other
8 sponsors of literacy programs.
9 c. Desirable learning environments, including class
10 size.
11 d. Program evaluation standards.
12 e. Methods for identifying, recruiting, and retaining
13 adults in literacy programs.
14 f. Adult literacy through family literacy and
15 workforce literacy programs.
16 (b) Every 3 years, the district school board or
17 community college board of trustees shall develop and maintain
18 a local adult literacy plan.
19 Section 240. Section 1004.95, Florida Statutes, is
20 created to read:
21 1004.95 Adult literacy centers.--
22 (1) The Commissioner of Education shall select
23 community colleges and public school districts to establish
24 and operate adult literacy centers to complement existing
25 public and private instructional adult literacy programs. The
26 centers shall identify, contact, counsel, and refer persons
27 considered to be lacking basic or functional literacy skills
28 or competencies related to prose, document, and quantitative
29 literacy skills to the appropriate private and public
30 agencies, including human service agencies. The centers may
31 not duplicate or supplant the existing services provided by
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 public and private agencies operating within the district.
2 (2) In selecting program participants, the
3 Commissioner of Education shall, at a minimum, consider the
4 extent to which:
5 (a) Cooperative arrangements with other state and
6 local agreements and innovative approaches will be used for
7 carrying out the role of the center;
8 (b) Similar services are provided within the service
9 delivery area;
10 (c) The program objectives may be accomplished within
11 the budget request;
12 (d) Provisions are made for monitoring program
13 performance; and
14 (e) Fiscal controls and fund accounting procedures
15 exist to ensure proper use of, and accounting for, the program
16 funds.
17 (3) The activities and funding of center operations
18 shall be reported in a separate and distinct manner.
19 (4) The State Board of Education shall develop rules
20 for implementing this section, including criteria for
21 evaluating the performance of the centers, and shall submit an
22 evaluation report of the centers to the Legislature on or
23 before February 1 of each year.
24 Section 241. Section 1004.96, Florida Statutes, is
25 created to read:
26 1004.96 Community education.--
27 (1) Pursuant to this section and State Board of
28 Education rule, each school board and the Board of Trustees
29 for the Florida School for the Deaf and Blind may apply to the
30 Department of Education for a community education grant. An
31 applicant shall include in the grant application a description
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Amendment No. ___ (for drafter's use only)
1 of the community education program and process through which
2 the program is developed.
3 (2) The department shall give priority to applications
4 that include:
5 (a) Centers that serve the most students within
6 available resources.
7 (b) Programs for which funds are matched by the
8 Federal Government or other nonstate sources and which are
9 appropriate within the context of community education.
10 (c) Programs that provide before-school and
11 after-school activities for children.
12 Section 242. Section 1004.97, Florida Statutes, is
13 created to read:
14 1004.97 Florida Literacy Corps.--
15 (1) It is the intent of the Legislature that eligible
16 postsecondary students be offered an opportunity to perform
17 public service by serving as volunteer tutors for adults who
18 do not possess basic or functional literacy skills.
19 (2) There is created a Florida Literacy Corps to be
20 administered by the Department of Education pursuant to this
21 section and rules of the State Board of Education.
22 Participating students earn college credit for tutoring adults
23 who do not possess basic or functional literacy skills
24 pursuant to an agreement between the institution in which the
25 student is enrolled and the district school board, community
26 college board of trustees, public library, or nonprofit
27 organization offering literacy instruction to adults pursuant
28 to s. 1004.94. The district school board, community college
29 board of trustees, public library, or nonprofit organization
30 is solely responsible for providing literacy programs and
31 instructing participating postsecondary students.
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1 (3) In order to be eligible to participate in the
2 Florida Literacy Corps, a student must:
3 (a) Be enrolled in an eligible state university or
4 community college at least half time and be in good standing,
5 as defined by the institution.
6 (b) Have completed at least 12 semester hours of
7 college-level coursework that applies toward an associate in
8 arts or baccalaureate degree.
9 (c) Have attained a passing score on one of the
10 postsecondary entry-level examinations approved pursuant to
11 State Board of Education rule, be exempt from the
12 administration of such examination, or have successfully
13 completed any required college-preparatory instruction.
14 (4) In order to be eligible to participate in the
15 Florida Literacy Corps, a state university or community
16 college must:
17 (a) Establish one or more undergraduate or graduate
18 courses, or both, in which participating students may earn a
19 maximum of 3 credit hours per semester, and a maximum of 6
20 credit hours over two or more semesters, by tutoring adults
21 who do not possess basic or functional literacy skills. The
22 institution shall establish such courses in the common course
23 designation and numbering system. The courses must require
24 students to complete instruction for prospective tutors, tutor
25 adults for at least 25 hours per semester for each hour of
26 credit awarded, and satisfy any other requirements imposed by
27 the institution.
28 (b) Submit a proposal to the Department of Education
29 for review and approval. The proposal must include, but is not
30 limited to:
31 1. Identification of the school district, community
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 college, public library, or nonprofit organization with which
2 participating students will be working.
3 2. Demonstration of the need for literacy tutors by
4 the school district, community college, public library, or
5 nonprofit organization.
6 3. Demonstration of commitment by the public school,
7 community college, public library, or nonprofit organization
8 to provide instruction for tutors.
9 4. Description of the literacy program.
10 5. Demonstration of student interest in program
11 participation.
12 6. Designation of one or more faculty to conduct the
13 Florida Literacy Corps course and identification of the
14 qualifications of such faculty.
15 (5) From funds appropriated for the purposes of this
16 section, the department shall allocate an amount for each
17 approved proposal based on the number of students approved for
18 enrollment and subsequently enrolled in Florida Literacy Corps
19 courses.
20 (6) Each participating state university and community
21 college shall submit an annual report to the Commissioner of
22 Education which includes, but is not limited to:
23 (a) The number of hours of tutoring conducted by
24 participating students.
25 (b) The number of students enrolled in the courses.
26 (c) The number of students who successfully complete
27 the courses.
28 (d) An evaluation of the tutors' effectiveness as
29 judged by the participating school district, community
30 college, public library, or nonprofit organization. The
31 department shall develop a common evaluation form for this
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HOUSE AMENDMENT
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1 purpose.
2 (e) The number of full-time equivalent enrollments
3 generated by the participating students.
4 (7) The department shall compile the annual reports
5 into a single, annual programmatic report to be submitted to
6 the State Board of Education by December 1 of each year.
7 Section 243. Section 1004.98, Florida Statutes, is
8 created to read:
9 1004.98 Workforce literacy programs.--
10 (1) The workforce literacy program is established
11 within the community colleges and school districts to ensure
12 the existence of sufficient numbers of employees who possess
13 the skills necessary to perform in entry-level occupations and
14 to adapt to technological advances in the workplace.
15 Workforce literacy programs are intended to support economic
16 development by increasing adult literacy and producing an
17 educated workforce.
18 (2) Each community college and school district may
19 conduct courses and programs through which adults gain the
20 communication and computation skills necessary to complete a
21 career and technical program, to gain or maintain entry-level
22 employment, or to upgrade employment. Courses may not be
23 conducted until the community college or school district
24 identifies current and prospective employees who do not
25 possess the skills necessary to enter career and technical
26 programs or to obtain or maintain employment.
27 (3) A community college or school district may be
28 eligible to fund a workforce literacy program pursuant to the
29 provisions of s. 1004.94.
30 Section 244. Chapter 1005, Florida Statutes, shall be
31 entitled "Nonpublic Postsecondary Education" and shall consist
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of ss. 1005.01-1005.39.
2 Section 245. Part I of chapter 1005, Florida Statutes,
3 shall be entitled "General Provisions" and shall consist of
4 ss. 1005.01-1005.06.
5 Section 246. Section 1005.01, Florida Statutes, is
6 created to read:
7 1005.01 Purpose.--
8 (1) The Legislature encourages privately supported
9 higher education and intends to aid in protecting the health,
10 education, and welfare of persons who receive educational
11 services from independent postsecondary educational
12 institutions in this state; to aid in protecting employers and
13 others who depend upon people whose educational credentials
14 are from independent postsecondary educational institutions in
15 this state; and to aid in protecting independent postsecondary
16 educational institutions that currently operate or intend to
17 begin operating in this state. The Legislature finds that both
18 individuals and independent postsecondary educational
19 institutions benefit from a state system that assures that all
20 institutions satisfactorily meet minimum educational
21 standards. The Legislature further recognizes the role of
22 federally recognized accrediting associations in setting
23 standards for independent postsecondary educational
24 institutions and encourages the use of recognized
25 accreditation standards as general guidelines for the
26 licensure of independent postsecondary educational
27 institutions.
28 (2) The Legislature recognizes that a degree, diploma,
29 or other educational credential serves several purposes.
30 Employers rely upon a person's educational credentials in
31 judging that person's qualifications for employment. Educators
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rely upon a person's educational credentials to assess the
2 adequacy of that person's preparation for the pursuit of
3 further education. Therefore, the Legislature intends that the
4 provisions of this chapter aid in protecting the integrity of
5 degrees, diplomas, and other educational credentials offered
6 by independent postsecondary educational institutions by
7 providing for the evaluation of minimum educational
8 requirements.
9 (3) The Legislature intends to prohibit the granting
10 of false or misleading educational credentials and to prohibit
11 misleading literature, advertising, solicitation, or
12 representations by independent postsecondary educational
13 institutions or their agents.
14 Section 247. Section 1005.02, Florida Statutes, is
15 created to read:
16 1005.02 Definitions.--As used in this chapter, the
17 term:
18 (1) "Accreditation" means accredited status awarded to
19 an institution by an accrediting agency or association that is
20 recognized by the United States Department of Education and
21 that has standards comparable to the minimum standards
22 required to operate an educational institution at that level
23 in this state.
24 (2) "Agent" means a person who is employed by an
25 independent postsecondary educational institution under the
26 jurisdiction of the Commission for Independent Education, or
27 by an out-of-state independent postsecondary educational
28 institution, and who secures an application or accepts payment
29 of fees from prospective students for the institution at any
30 place other than the legal place of business of the
31 institution.
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1 (3) "Avocational" means a course or program the
2 objective of which is not occupational but is only for
3 personal enrichment or enjoyment. To be classified as
4 avocational, a program must:
5 (a) Prior to enrollment, provide to each enrollee, and
6 maintain a record copy of, a written statement that includes
7 the following or substantially similar language: "This program
8 is not designed or intended to qualify its participants and
9 graduates for employment. It is intended solely for the
10 avocation, personal enrichment, and enjoyment of its
11 participants."
12 (b) Not make any other verbal or written statement
13 that negates the required written statement by stating or
14 implying that people who enroll in or complete the program
15 have a more substantial likelihood of obtaining employment in
16 the field to which the training pertains than people who do
17 not.
18 (4) "College" or "university" means any incorporated
19 postsecondary educational entity, and its additional
20 locations, offering a substantially complete program that
21 confers or offers to confer at least an associate degree
22 requiring at least 15 semester hours or the equivalent of
23 general education, or that furnishes or offers to furnish
24 instruction leading toward, or prerequisite to, college
25 credit. The terms include any college-credit-granting
26 independent educational institution that is chartered in this
27 state and any center or branch campus within this state of an
28 out-of-state institution at the college-credit level.
29 (5) "Commission" means the Commission for Independent
30 Education.
31 (6) "Contract training" means instruction or training
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provided through a written contract with an independent
2 contractor whose fees and any other charges are entirely paid
3 by a company, trade or professional association, or group of
4 employers to provide the instruction exclusively to bona fide
5 employees of the entity that engaged the contractor. The term
6 applies only when those receiving training are selected by
7 their employer and are not recruited by the contractor.
8 (7) "Degree" means any educational credential that is
9 generally taken to signify satisfactory completion of the
10 requirements of an undergraduate, graduate, academic,
11 educational, or professional program of study or any honorary
12 credential conferred for meritorious recognition. At the
13 undergraduate level, an institution may not award a degree for
14 a program unless it includes a general education component as
15 established by rule and at least 60 semester hours or 90
16 quarter hours of study or the equivalent.
17 (8) "Diploma" means a credential that is not a degree
18 but is any of the following: a certificate, transcript,
19 report, document, or title; a designation, mark, or
20 appellation; or a series of letters, numbers, or words that
21 generally are taken to signify satisfactory completion of the
22 requirements of an educational, technical, or career program
23 of study or training or course of study.
24 (9) "Examination preparation course" means a course or
25 program that does not offer to confer a diploma, that is
26 offered by a person or entity that discloses in all
27 advertising that the course or program is for test
28 preparation, and that does not include any expression or
29 implication in writing or orally regarding salaries, job
30 placement, or career advancement.
31 (10) "Governmental" means an institution provided,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 operated, and supported by a federal, state, or county
2 government or any of its political subdivisions.
3 (11) "Independent postsecondary educational
4 institution" means any postsecondary educational institution
5 that operates in this state or makes application to operate in
6 this state, and is not provided, operated, and supported by
7 the State of Florida, its political subdivisions, or the
8 Federal Government.
9 (12) "In-service, continuing education, or
10 professional development" means training provided by:
11 (a) A trade or professional association or a group of
12 employers in the same or related business who offer training
13 and provide only professional-development programs to bona
14 fide employees or contractors of an employer who is a member
15 of the association or employers who qualify for membership;
16 (b) A labor union or group of labor unions that offer
17 training to and trains only those persons who are dues-paying
18 members of the participating labor union;
19 (c) An independent contractor engaged by the labor
20 union or group of labor unions, by written contract, to
21 provide the training on its behalf exclusively to those who
22 are selected by the labor union or group of labor unions that
23 engaged the contractor and who are dues-paying members of that
24 union; or
25 (d) A person or entity offering only
26 continuing-education programs to persons who engage in an
27 occupation or profession whose practitioners are subject to
28 licensure, certification, or registration by a state agency
29 that recognizes the programs for continuing-education purposes
30 and provides a written statement of the recognition.
31 (13) "License" means a certificate signifying that an
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 independent postsecondary educational institution meets
2 standards prescribed in statute or rule and is permitted to
3 operate in this state.
4 (14) "Operating in this state" means any of the
5 following:
6 (a) Maintaining for any purpose related to offering a
7 degree, diploma, or credit a physical location in this state,
8 a mailing address in this state, a telephone or facsimile
9 number in this state, or a mail forwarding service or
10 telephone answering or relay service in this state or
11 advertising any such presence; or
12 (b) By any means or device, facilitating in this state
13 any part of a scheme to offer a degree, diploma, or credit, or
14 any activity connected with the administration, promotion,
15 recruitment, placement, instruction, fee collection or
16 receipt, or any other function of a purported independent
17 postsecondary educational institution, other than periodic and
18 customary contact with the institution's own alumni.
19 (15) "Out-of-state college" or "out-of-state school"
20 means any independent postsecondary educational institution
21 where the place of instruction, the legal place of residence,
22 or the place of evaluation of instruction or work by
23 correspondence or distance education is not within the legal
24 boundaries of this state.
25 (16) "School" means any nonpublic postsecondary
26 noncollegiate educational institution, association,
27 corporation, person, partnership, or organization of any type
28 which:
29 (a) Offers to provide or provides any complete, or
30 substantially complete, postsecondary program of instruction
31 through the student's personal attendance; in the presence of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 an instructor; in a classroom, clinical, or other practicum
2 setting; or through correspondence or other distance
3 education;
4 (b) Represents, directly or by implication, that the
5 instruction will qualify the student for employment in an
6 occupation for which a degree is not required in order to
7 practice in this state;
8 (c) Receives remuneration from the student or any
9 other source based on the enrollment of a student or the
10 number of students enrolled; or
11 (d) Offers to award or awards a diploma, regardless of
12 whether it conducts instruction or receives remuneration.
13 Section 248. Section 1005.03, Florida Statutes, is
14 created to read:
15 1005.03 Designation "college" or "university".--
16 (1) The use of the designation "college" or
17 "university" in combination with any series of letters,
18 numbers, or words is restricted in this state to colleges or
19 universities as defined in s. 1005.02 that offer degrees as
20 defined in s. 1005.02 and fall into at least one of the
21 following categories:
22 (a) A Florida public college.
23 (b) A Florida or out-of-state college that has been in
24 active operation and using the designation "college" or
25 "university" since April 1, 1970.
26 (c) A college for which the commission has issued a
27 license pursuant to the provisions of this chapter.
28 (d) A college that is under the jurisdiction of the
29 Division of Colleges and Universities of the Department of
30 Education, whose students are eligible for the William L.
31 Boyd, IV, Florida Resident Access Grant, and that is a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 nonprofit independent college or university located and
2 chartered in this state and accredited by the Commission on
3 Colleges of the Southern Association of Colleges and Schools
4 to grant baccalaureate degrees.
5 (e) A college that meets the description of either s.
6 1005.06(1)(e) or s. 1005.06(1)(f).
7 (2) If a college is approved under subsection (1) to
8 use the designation "college" or "university," a branch or
9 extension of that college may use the name of the parent
10 college, but shall include an indication of the location of
11 the branch or extension.
12 (3) Any entity offering postsecondary educational
13 courses or programs of study in Florida, whether or not
14 college credit is awarded, shall be subject to the provisions
15 of this section.
16 (4) An entity shall not use the destination "college"
17 or "university" in its name in Florida without approval by the
18 commission, unless the commission determines that its name is
19 clearly and accurately descriptive of the services provided by
20 the entity and is not one that may mislead the public.
21 Section 249. Section 1005.04, Florida Statutes, is
22 created to read:
23 1005.04 Fair consumer practices.--
24 (1) Every institution that is under the jurisdiction
25 of the commission or is exempt from the jurisdiction or
26 purview of the commission pursuant to s. 1005.06(1)(c) or
27 (1)(f) and that either directly or indirectly solicits for
28 enrollment any student shall:
29 (a) Disclose to each prospective student a statement
30 of the purpose of such institution, its educational programs
31 and curricula, a description of its physical facilities, its
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 status regarding licensure, its fee schedule and policies
2 regarding retaining student fees if a student withdraws, and a
3 statement regarding the transferability of credits to and from
4 other institutions. The institution shall make the required
5 disclosures in writing at least 1 week prior to enrollment or
6 collection of any tuition from the prospective student. The
7 required disclosures may be made in the institution's current
8 catalog.
9 (b) Use a reliable method to assess, before accepting
10 a student into a program, the student's ability to complete
11 successfully the course of study for which he or she has
12 applied;
13 (c) Inform each student accurately about financial
14 assistance and obligations for repayment of loans; describe
15 any employment placement services provided and the limitations
16 thereof; and refrain from promising or implying guaranteed
17 placement, market availability, or salary amounts;
18 (d) Provide to prospective and enrolled students
19 accurate information regarding the relationship of its
20 programs to state licensure requirements for practicing
21 related occupations and professions in Florida;
22 (e) Ensure that all advertisements are accurate and
23 not misleading;
24 (f) Publish and follow an equitable prorated refund
25 policy for all students, and follow both the federal refund
26 guidelines for students receiving federal financial assistance
27 and the minimum refund guidelines set by commission rule;
28 (g) Follow the requirements of state and federal laws
29 that require annual reporting with respect to crime statistics
30 and physical plant safety and make those reports available to
31 the public; and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (h) Publish and follow procedures for handling student
2 complaints, disciplinary actions, and appeals.
3 (2) In addition, institutions that are required to be
4 licensed by the commission shall disclose to prospective
5 students that additional information regarding the institution
6 may be obtained by contacting the Commission for Independent
7 Education, Department of Education, Tallahassee.
8 Section 250. Section 1005.05, Florida Statutes, is
9 created to read:
10 1005.05 Certificate and diploma programs.--No
11 nonpublic college shall continue to conduct or begin to
12 conduct any diploma program as defined in s. 1005.02, unless
13 the college applies for and obtains approval for such program.
14 Colleges under the jurisdiction of the Commission for
15 Independent Education shall apply to the commission. Colleges
16 that are not under the jurisdiction of the commission shall
17 apply to the Department of Education.
18 Section 251. Section 1005.06, Florida Statutes, is
19 created to read:
20 1005.06 Institutions not under the jurisdiction or
21 purview of the commission.--
22 (1) Except as otherwise provided in law, the following
23 institutions are not under the jurisdiction or purview of the
24 commission and are not required to obtain licensure:
25 (a) Any postsecondary educational institution
26 provided, operated, or supported by this state, its political
27 subdivisions, or the Federal Government.
28 (b) Any college, school, or course licensed or
29 approved for establishment and operation under part I of
30 chapter 464, chapter 466, or chapter 475, or any other chapter
31 of the Florida Statutes requiring licensing or approval as
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 defined in this chapter.
2 (c) Any institution that is under the jurisdiction of
3 the Division of Colleges and Universities of the Department of
4 Education, whose students are eligible for the William L.
5 Boyd, IV, Florida Resident Access Grant, and that is a
6 nonprofit independent college or university located and
7 chartered in this state and accredited by the Commission on
8 Colleges of the Southern Association of Colleges and Schools
9 to grant baccalaureate degrees.
10 (d) Any institution that offers only avocational
11 programs or courses, examination preparation programs or
12 courses, contract training programs or courses, continuing
13 education, or professional development programs or courses.
14 (e) Any institution that was exempt from licensure in
15 2001 under s. 246.085(1)(b), Florida Statutes 2001, as long as
16 it maintains these qualifying criteria: the institution is
17 incorporated in this state, the institution's credits or
18 degrees are accepted for credit by at least three colleges
19 that are fully accredited by an agency recognized by the
20 United States Department of Education, the institution was
21 exempt under that category prior to July 1, 1982, and the
22 institution does not enroll any students who receive state or
23 federal financial aid for education. Such an institution shall
24 notify the commission and apply for licensure if it no longer
25 meets these criteria.
26 (f) A religious college may operate without
27 governmental oversight if the college annually verifies by
28 sworn affidavit to the commission that:
29 1. The name of the institution includes a religious
30 modifier or the name of a religious patriarch, saint, person,
31 or symbol of the church.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. The institution offers only educational programs
2 that prepare students for religious vocations as ministers,
3 professionals, or laypersons in the categories of ministry,
4 counseling, theology, education, administration, music, fine
5 arts, media communications, or social work.
6 3. The titles of degrees issued by the institution
7 cannot be confused with secular degree titles. For this
8 purpose, each degree title must include a religious modifier
9 that immediately precedes, or is included within, any of the
10 following degrees: Associate of Arts, Associate of Science,
11 Bachelor of Arts, Bachelor of Science, Master of Arts, Master
12 of Science, Doctor of Philosophy, and Doctor of Education. The
13 religious modifier must be placed on the title line of the
14 degree, on the transcript, and whenever the title of the
15 degree appears in official school documents or publications.
16 4. The duration of all degree programs offered by the
17 institution is consistent with the standards of the
18 commission.
19 5. The institution's consumer practices are consistent
20 with those required by s. 1005.04.
21
22 The commission may provide such a religious institution a
23 letter stating that the institution has met the requirements
24 of state law and is not subject to governmental oversight.
25 (g) Any institution that is regulated by the Federal
26 Aviation Administration, another agency of the Federal
27 Government, or an agency of the state whose regulatory laws
28 are similar in nature and purpose to those of the commission
29 and require minimum educational standards, for at least
30 curriculum, instructors, and academic progress and provide
31 protection against fraudulent, deceptive, and substandard
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education practices.
2 (2) The Department of Education may contract with the
3 Commission on Independent Education to provide services for
4 independent postsecondary educational institutions not under
5 the jurisdiction of the commission relating to licensure of
6 postsecondary technical certificate and diploma programs that
7 such institutions may wish to offer and preliminary review of
8 programs such institutions may wish to offer which are beyond
9 the scope of the institutions's current accreditation status.
10 Upon completion of its review, the commission shall forward
11 its recommendation to the department for final action. The
12 department shall assess the institution seeking such services
13 the cost to the commission of providing such services.
14 Revenues collected pursuant to this provision shall be
15 deposited in the Institutional Assessment Trust Fund.
16 Section 252. Part II of chapter 1005, Florida
17 Statutes, shall be entitled "Commission for Independent
18 Education" and shall consist of ss. 1005.21-1005.22.
19 Section 253. Section 1005.21, Florida Statutes, is
20 created to read:
21 1005.21 Commission for Independent Education.--
22 (1) There is established in the Department of
23 Education the Commission for Independent Education. The
24 department shall serve as the administrative agent of the
25 commission by providing services, including payroll,
26 procurement, and legal counsel. The commission shall exercise
27 independently all powers, duties, and functions prescribed by
28 law. The commission shall authorize the granting of diplomas
29 and degrees by any independent postsecondary educational
30 institution under its jurisdiction.
31 (2) The Commission for Independent Education shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 consist of seven members who are residents of this state. The
2 commission shall function in matters concerning independent
3 postsecondary educational institutions in consumer protection,
4 program improvement, and licensure for institutions under its
5 purview. The Governor shall appoint the members of the
6 commission who are subject to confirmation by the Senate. The
7 membership of the commission shall consist of:
8 (a) Two representatives of independent colleges or
9 universities licensed by the commission.
10 (b) Two representatives of independent,
11 nondegree-granting schools licensed by the commission.
12 (c) One member from a public school district or
13 community college who is an administrator of career and
14 technical education.
15 (d) One representative of a college that meets the
16 criteria of s. 1005.06(1)(f).
17 (e) One lay member who is not affiliated with an
18 independent postsecondary educational institution.
19 (3) The members of the commission shall be appointed
20 to 3-year terms and until their successors are appointed and
21 qualified. If a vacancy on the commission occurs before the
22 expiration of a term, the Governor shall appoint a successor
23 to serve the unexpired portion of the term.
24 (4) The commission shall meet at least four times each
25 fiscal year.
26 (5) Members of the commission are entitled to
27 reimbursement for travel and per diem expenses, as provided in
28 s. 112.061, while performing their duties.
29 (6) Each member is accountable to the Governor for the
30 proper performance of the duties of his or her office. The
31 Governor may remove from office any member for cause.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 254. Section 1005.22, Florida Statutes, is
2 created to read:
3 1005.22 Powers and duties of commission.--
4 (1) The commission shall:
5 (a) Hold meetings as necessary to administer its
6 duties.
7 (b) Annually select a chairperson and a vice
8 chairperson, appoint and review an executive director, and
9 authorize the executive director to appoint employees of the
10 commission.
11 (c) Adopt and use an official seal in the
12 authentication of its acts.
13 (d) Make rules for its own governance.
14 (e) Administer the provisions of this chapter. To this
15 end, the commission has the following administrative powers
16 and responsibilities:
17 1. The commission shall adopt rules pursuant to ss.
18 120.536(1) and 120.54 for the operation and establishment of
19 independent postsecondary educational institutions. The
20 commission shall submit the rules to the State Board of
21 Education for approval or disapproval. If the state board does
22 not act on a rule within 60 days after receiving it, the rule
23 shall be filed immediately with the Department of State.
24 2. The commission shall submit an annual budget to the
25 State Board of Education.
26 3. The commission shall transmit all fees, donations,
27 and other receipts of money to the Institutional Assessment
28 Trust Fund.
29 4. The commission shall expend funds as necessary to
30 assist in the application and enforcement of its powers and
31 duties. The Chief Financial Officer shall pay out all moneys
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and funds as directed under this chapter upon vouchers
2 approved by the Department of Education for all lawful
3 purposes necessary to administering this chapter. The
4 commission shall make annual reports to the State Board of
5 Education showing in detail amounts received and all
6 expenditures. The commission shall include in its annual
7 report to the State Board of Education a statement of its
8 major activities during the period covered by the report.
9 (f) Maintain a record of its proceedings.
10 (g) Cooperate with other state and federal agencies
11 and other nongovernmental agencies in administering its
12 duties.
13 (h) Cause to be investigated criminal justice
14 information, as defined in s. 943.045, for each owner,
15 administrator, and agent employed by an institution applying
16 for licensure from the commission.
17 (i) Serve as a central agency for collecting and
18 distributing current information regarding institutions
19 licensed by the commission.
20 (j) Inform independent postsecondary educational
21 institutions of laws adopted by the Legislature and rules
22 adopted by the State Board of Education and the commission and
23 of their responsibility to follow those laws and rules.
24 (k) Establish and publicize the procedures for
25 receiving and responding to complaints from students, faculty,
26 and others concerning institutions or programs under the
27 purview of the commission, and keep records of such complaints
28 in order to determine the frequency and nature of complaints
29 with respect to specific institutions of higher education.
30 (l) Provide annually to the Office of Student
31 Financial Assistance of the Department of Education
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 information and documentation that can be used to determine an
2 institution's eligibility to participate in state student
3 financial assistance programs.
4 (m) Coordinate and convey annual reports to the
5 Commissioner of Education relating to campus crime statistics,
6 the assessment of physical plant safety, and the antihazing
7 policies of nonpublic postsecondary educational institutions
8 eligible to receive state-funded student assistance, as
9 required by law.
10 (n) Identify and report to the Office of Student
11 Financial Assistance the accrediting associations recognized
12 by the United States Department of Education which have
13 standards that are comparable to the minimum standards
14 required to operate an institution at that level in this
15 state.
16 (o) Assure that an institution is not required to
17 operate without a current license because of the schedule of
18 commission meetings or application procedures, if the
19 institution has met the commission's requirements for
20 licensure or license renewal.
21 (2) The commission may:
22 (a) Sue or be sued.
23 (b) Enter into contracts with the Federal Government,
24 with other departments of the state, or with individuals.
25 (c) Receive bequests and gifts, subject to any
26 restrictions upon which the commission and the donor agree.
27 (d) Appoint standing or special committees to assist
28 it in carrying out its responsibilities. Committees may
29 include members who are not commission members or
30 representatives of licensed postsecondary institutions.
31 (e) Advise the Governor, the Legislature, the State
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Board of Education, the Council for Education Policy Research
2 and Improvement, and the Commissioner of Education on issues
3 relating to private postsecondary education.
4 (f) Delegate to the chairperson of the commission the
5 responsibility for signing final orders.
6 (g) Assist independent postsecondary educational
7 institutions in formulating articulation agreements with
8 public and other independent institutions.
9 (h) Establish and operate additional offices in the
10 central and southern part of the state if the concentration of
11 licensed institutions renders such an office economically
12 feasible.
13 (i) Establish and administer the Student Protection
14 Fund pursuant to s. 1005.37.
15 Section 255. Part III of chapter 1005, Florida
16 Statutes, shall be entitled "Licensure of Nonpublic
17 Postsecondary Educational Institutions" and shall consist of
18 ss. 1005.31-1005.39.
19 Section 256. Section 1005.31, Florida Statutes, is
20 created to read:
21 1005.31 Licensure of institutions.--
22 (1) Each college or school operating within this state
23 must obtain licensure from the commission unless the
24 institution is not under the commission's purview or
25 jurisdiction as provided in s. 1005.06.
26 (2) The commission shall develop minimum standards by
27 which to evaluate institutions for licensure. These standards
28 must include at least the institution's name, financial
29 stability, purpose, administrative organization, admissions
30 and recruitment, educational programs and curricula,
31 retention, completion, career placement, faculty, learning
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 resources, student personnel services, physical plant and
2 facilities, publications, and disclosure statements about the
3 status of the institution with respect to professional
4 certification and licensure. The commission may adopt rules to
5 ensure that institutions licensed under this section meet
6 these standards in ways that are appropriate to achieve the
7 stated intent of this chapter, including provisions for
8 nontraditional or distance education programs and delivery.
9 (3) The commission shall recognize an institution
10 based on the institution's highest educational offering and
11 shall adopt rules for licensure that include reporting
12 requirements for each level of licensure.
13 (4) Approved-applicant status shall be extended to all
14 institutions that have submitted a complete application, as
15 defined in rule, for provisional licensure and paid all
16 attendant fees. In granting approved-applicant status, the
17 commission shall provide to commission staff and the
18 institution a list of specific omissions or deficiencies.
19 Institutions granted approved-applicant status may not
20 advertise, offer programs of study, collect tuition or fees,
21 or engage in any other activities not specifically approved by
22 the commission. If the commission, or the commission staff if
23 specifically directed by the commission, determines that the
24 omissions or deficiencies have been provided for or corrected,
25 the institution may be awarded a provisional license.
26 (5) Provisional licensure shall be granted to an
27 applicant for initial licensure for a period not to exceed 1
28 year when the commission determines that the applicant is in
29 substantial compliance with the standards for licensure. A
30 provisional license granted for initial licensure may be
31 extended for up to 1 additional year. A licensed institution
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that has undergone a substantive change, as defined by rule,
2 must be granted a provisional license for a period of time
3 determined by the commission, after which period the
4 institution may apply for a different status. A provisional
5 license may include conditions required by the commission, and
6 all conditions must be met before the institution may receive
7 a different licensure status.
8 (6) An annual license shall be granted to an
9 institution holding a provisional license, or seeking a
10 renewal of an annual license, upon demonstrating full
11 compliance with licensure standards. An annual license may be
12 extended for up to 1 year if the institution meets the
13 requirements set by rule for such an extension.
14 (7) An institution may not conduct a program unless
15 specific authority is granted in its license.
16 (8) A license granted by the commission is not
17 transferable to another institution or to another agent, and
18 an institution's license does not transfer when the
19 institution's ownership changes.
20 (a) A licensed institution must notify the commission
21 prior to a change of ownership or control. The commission
22 shall adopt procedures for interim executive approval of a
23 change of ownership or control if the next scheduled meeting
24 of the commission occurs after the scheduled date of the
25 change of ownership or control.
26 (b) The commission may adopt rules governing changes
27 of ownership or control.
28 (9) An independent postsecondary educational
29 institution or any person acting on behalf of such an
30 institution may not publish any advertisement soliciting
31 students or offering a credential before the institution is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 duly licensed by the commission or while the institution is
2 under an injunction against operating, soliciting students, or
3 offering an educational credential.
4 (10) The commission shall establish minimum standards
5 for the approval of agents. The commission may adopt rules to
6 ensure that licensed agents meet these standards and uphold
7 the intent of this chapter. An agent may not solicit
8 prospective students in this state for enrollment in any
9 independent postsecondary educational institution under the
10 commission's purview or in any out-of-state independent
11 postsecondary educational institution unless the agent has
12 received a license as prescribed by the commission.
13 (11) A student of a foreign medical school may not
14 engage in a clinical clerkship in this state unless the
15 foreign medical school has received a license, in the case of
16 a core clerkship or an ongoing regular program of clerkships,
17 or has received individual approval, in the case of an
18 occasional elective clerkship. The commission may adopt rules
19 to administer this subsection.
20 (12) The granting of a license is not an
21 accreditation.
22 (13) As a condition of licensure, an independent
23 college or university must provide the commission with a copy
24 of its antihazing policy.
25 Section 257. Section 1005.32, Florida Statutes, is
26 created to read:
27 1005.32 Licensure by means of accreditation.--
28 (1) An independent postsecondary educational
29 institution that meets the following criteria may apply for a
30 license by means of accreditation from the commission:
31 (a) The institution has operated legally in this state
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for at least 5 consecutive years.
2 (b) The institution holds institutional accreditation
3 by an accrediting agency evaluated and approved by the
4 commission as having standards substantially equivalent to the
5 commission's licensure standards.
6 (c) The institution has no unresolved complaints or
7 actions in the past 12 months.
8 (d) The institution meets minimum requirements for
9 financial responsibility as determined by the commission.
10 (e) The institution is a Florida corporation.
11 (2) An institution that was exempt from licensure in
12 2001 under s. 246.085(1)(a), Florida Statutes 2001, may retain
13 an exemption until the commission issues it a license by means
14 of accreditation as provided in this section.
15 (3) The commission may not require an institution
16 granted a license by means of accreditation to submit reports
17 that differ from the reports required by its accrediting
18 association, except that each institution must file with the
19 commission an annual audit report and follow the commission's
20 requirements for orderly closing, including provisions for
21 trainout or refunds and arranging for the proper disposition
22 of student and institutional records.
23 (4) An institution granted a license by means of
24 accreditation must apply for and receive another level of
25 licensure before the institution may offer courses or programs
26 that exceed the scope or level of its accreditation.
27 (5) Institutions granted a license by means of
28 accreditation must comply with the standards of fair consumer
29 practices as established in rule by the commission.
30 (6) A license by means of accreditation is valid for
31 the same period as the qualifying grant of accreditation.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (7) A license by means of accreditation may be denied,
2 placed on probation, or revoked for repeated failure to comply
3 with the requirements of this section. The commission shall
4 adopt rules for these actions. Revocation or denial of a
5 license by means of accreditation requires that the
6 institution immediately obtain an annual license.
7 Section 258. Section 1005.33, Florida Statutes, is
8 created to read:
9 1005.33 License period and renewal.--
10 (1) As required by rule, the commission shall
11 periodically review each license to determine if the
12 institution is in compliance with this chapter and should have
13 its license renewed. The commission may extend an annual or
14 provisional license if a good-faith effort has been made by
15 the institution and agent. The commission shall determine what
16 constitutes compliance or a good-faith effort and may adopt
17 rules to administer this section.
18 (2) A licensed independent postsecondary educational
19 institution that seeks to expand or modify its programs or
20 degrees to be conferred or to add new locations must seek
21 prior approval from the commission. The commission shall adopt
22 rules for the approval of modified or additional programs,
23 degrees, and locations.
24 (3) On the effective date of this act, an institution
25 that, in 2002, held the status of "Permission to Operate"
26 under s. 246.093, Florida Statutes 2001, has 90 days to seek
27 and obtain licensure from the commission. Ninety days after
28 this act takes effect, that status no longer authorizes an
29 institution to operate in Florida.
30 Section 259. Section 1005.34, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1005.34 Fair consumer practices; condition of
2 operation.--The commission shall adopt rules to ensure the
3 protection of students, including rules establishing fair
4 consumer practices pursuant to s. 1005.04.
5 (1) The commission may not grant or renew a license
6 unless the institution seeking the action provides the
7 commission with a sworn statement of compliance with rules
8 regarding fair consumer practices.
9 (2) The commission may examine any complaint against
10 an institution under its jurisdiction and, if the institution
11 is found to be routinely handling these matters correctly, the
12 complaint shall be considered closed. Complaints under this
13 subsection against accredited institutions, if not resolved,
14 shall be forwarded to the accrediting agency for any
15 appropriate action. The institution shall notify the
16 commission of any and all actions taken by the accrediting
17 agency in response to the complaint.
18 (3) Failure to comply with this section is cause for
19 denial or revocation of a license.
20 Section 260. Section 1005.35, Florida Statutes, is
21 created to read:
22 1005.35 Fees.--
23 (1) The Commission for Independent Education shall
24 annually establish a fee schedule to generate, from fees, the
25 amount of revenue appropriated for its operation.
26 (2) The commission shall include, as a part of its
27 legislative budget request, a proposed fee schedule to
28 generate the appropriated fee revenue required in the General
29 Appropriations Act. The commission may adjust the fee amounts
30 to generate the fee revenue required in the General
31 Appropriations Act but may not add fee categories without the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Legislature's approval. The fee schedule proposed in the
2 legislative budget request takes effect unless the Legislature
3 requires changes.
4 (3) The commission shall charge each licensed
5 institution a base fee to cover the cost of routine services,
6 such as data collection and dissemination. The base fee may be
7 higher for institutions with a large enrollment but may not
8 exceed one-half of 1 percent of the amount appropriated for
9 the commission.
10 (4) The commission shall assess workload fees to
11 institutions for specific services that relate to:
12 (a) Licensure.
13 (b) Annual reviews.
14 (c) Special reviews.
15 (d) Site visits.
16 (e) Resolution of complaints.
17 (f) Approval to use the term "college" or
18 "university."
19 (g) Participation in the Student Protection Fund
20 established pursuant to s. 1005.37.
21 (h) Other workload activities as allowed by law.
22 (5) The commission may assess late fees for an
23 institution's failure to timely submit required materials.
24 (6) All fees shall be submitted through the Department
25 of Education to the Chief Financial Officer, to be deposited
26 in the Institutional Assessment Trust Fund.
27 (7) All fees authorized in this section are
28 administrative fees and are not refundable unless paid in
29 error. The commission may deduct from an institution's future
30 fee collection any unintentional overpayment.
31 Section 261. Section 1005.36, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1005.36 Institutional closings.--
3 (1) The Legislature intends to protect students and
4 the independent sector of postsecondary education from the
5 detriment caused by licensed institutions that cease operation
6 without providing for the proper completion of student
7 training or for the appropriate refund of student fees. To
8 serve this intention, the Commission for Independent Education
9 may prevent the operation in this state of a licensed
10 independent postsecondary educational institution by an owner
11 who has unlawfully closed another institution and the
12 commission may exercise control over student records upon
13 closure of a licensed institution if the institution does not
14 provide an orderly closure.
15 (2) At least 30 days prior to closing an institution,
16 its owners, directors, or administrators shall notify the
17 commission in writing of the closure of the institution. The
18 owners, directors, and administrators must organize an orderly
19 closure of the institution, which means at least providing for
20 the completion of training of its students. The commission
21 must approve any such plan. An owner, director, or
22 administrator who fails to notify the commission at least 30
23 days prior to the institution's closure, or who fails to
24 organize the orderly closure of the institution and the
25 trainout of the students, commits a misdemeanor of the second
26 degree, punishable as provided in s. 775.082 or s. 775.083.
27 (3) If the commission finds that an institution has
28 ceased operating without providing for the proper access to
29 student records, the commission may require the institution to
30 convey all student records to the commission office or to
31 another location designated by the commission or its staff.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 The commission shall make copies of records available to
2 bankruptcy trustees upon request and to the student or those
3 designated by the student. Confidentiality of the records
4 shall be maintained to the extent required by law. The
5 commission may seek civil penalties not to exceed $10,000 from
6 any owner, director, or administrator of an institution who
7 knowingly destroys, abandons, or fails to convey or provide
8 for the safekeeping of institutional and student records. The
9 commission may use moneys in the Student Protection Fund to
10 facilitate the retrieval or safekeeping of records from an
11 institution that has closed.
12 (4) The commission may refer matters it deems
13 appropriate to the Department of Legal Affairs or the state
14 attorney for investigation and prosecution.
15 Section 262. Section 1005.37, Florida Statutes, is
16 created to read:
17 1005.37 Student Protection Fund.--
18 (1) The commission shall establish and administer a
19 statewide, fee-supported financial program through which funds
20 will be available to complete the training of a student who
21 enrolls in a nonpublic school that terminates a program or
22 ceases operation before the student has completed his or her
23 program of study. The financial program is named the Student
24 Protection Fund.
25 (2) The commission is authorized to assess a fee from
26 the schools within its jurisdiction for such purpose. The
27 commission shall assess a licensed school an additional fee
28 for its eligibility for the Student Protection Fund.
29 (3) If a licensed school terminates a program before
30 all students complete it, the commission shall also assess
31 that school a fee adequate to pay the full cost to the Student
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Protection Fund of completing the training of students.
2 (4) The fund shall consist entirely of fees assessed
3 to licensed schools and shall not be funded under any
4 circumstances by public funds, nor shall the commission make
5 payments or be obligated to make payments in excess of the
6 assessments actually received from licensed schools and
7 deposited in the Institutional Assessment Trust Fund to the
8 credit of the Student Protection Fund.
9 (5) At each commission meeting, the commission shall
10 consider the need for and shall make required assessments,
11 shall review the collection status of unpaid assessments and
12 take all necessary steps to collect them, and shall review all
13 moneys in the fund and expenses incurred since the last
14 reporting period. This review must include administrative
15 expenses, moneys received, and payments made to students or to
16 lending institutions.
17 (6) Staff of the commission must immediately inform
18 the commission upon learning of the closing of a licensed
19 school or the termination of a program that could expose the
20 fund to liability.
21 (7) The Student Protection Fund must be actuarially
22 sound, periodically audited by the Auditor General in
23 connection with his or her audit of the Department of
24 Education, and reviewed to determine if additional fees must
25 be charged to schools eligible to participate in the fund.
26 Section 263. Section 1005.38, Florida Statutes, is
27 created to read:
28 1005.38 Actions against a licensee and other
29 penalties.--
30 (1) The commission may deny, place on probation, or
31 revoke any provisional license, annual license, licence by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 means of accreditation, agent's license, or other
2 authorization required by this chapter. The commission shall
3 adopt rules for taking these actions. The commission may
4 impose an administrative fine of not more than $5,000 if an
5 institution is on probation for a period under conditions that
6 require oversight by the commission or its staff. The fine
7 shall be deposited into the Institutional Assessment Trust
8 Fund.
9 (2) The commission may conduct an investigation to
10 determine if an applicant for a new institutional license, or
11 the owners, directors, or administrators of the institution,
12 previously closed an institution, failed to arrange for
13 completion of student training or issue appropriate refunds,
14 or had its license to operate an institution revoked or denied
15 in this state or in another state or jurisdiction.
16 (3) Any person who has been convicted of, or entered a
17 plea of guilty or nolo contendere to, a crime that relates to
18 the unlawful operation or management of an institution is
19 ineligible to own, operate, manage, or be a registered agent
20 for a licensed institution in this state, and may not be a
21 director or an officer in a corporation that owns or operates
22 a licensed institution. Such a person may not operate or serve
23 in a management or supervisory position in a licensed
24 institution.
25 (4) The commission may deny an application for any
26 operating status if the commission determines that the
27 applicant or its owners, officers, directors, or
28 administrators were previously operating an institution in
29 this state or in another state or jurisdiction in a manner
30 contrary to the health, education, or welfare of the public.
31 The commission may consider factors such as the previous
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 denial or revocation of an institutional license; prior
2 criminal or civil administrative proceedings regarding the
3 operation and management of an institution; other types of
4 criminal proceedings involving fraud, deceit, dishonesty, or
5 moral turpitude; failure of the institution to be properly
6 closed, including completing the training or providing for the
7 trainout of its students; and failure to issue appropriate
8 refunds. The commission may require an applicant or its
9 owners, officers, directors, or administrators to provide the
10 commission with information under oath regarding the prior
11 operation of an institution and to provide criminal justice
12 information, the cost of which must be borne by the applicant
13 in addition to license fees.
14 (5) The commission may obtain an injunction or take
15 any action it deems necessary against any institution or agent
16 in violation of this chapter, but such proceedings and orders
17 do not bar the imposition of any other penalties that may be
18 imposed for the violation.
19 (6) The commission may conduct disciplinary
20 proceedings through an investigation of any suspected
21 violation of this chapter, including a finding of probable
22 cause and making reports to any law enforcement agency or
23 regulatory agency.
24 (a) The commission shall notify an institution or
25 individual of the substance of any complaint that is under
26 investigation unless the executive director and chairperson of
27 the board concur that notification would impede the
28 investigation. The commission may also withhold notification
29 to a person under investigation for an act that constitutes a
30 criminal offense.
31 (b) The determination of probable cause shall be made
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 by a majority vote of the probable-cause panel, the membership
2 of which shall be provided by rule. After the panel declares a
3 finding of probable cause, the commission may issue an
4 administrative complaint and prosecute such complaint under
5 chapter 120.
6 (c) A privilege against civil liability is granted to
7 any informant or any witness who provides information in good
8 faith for an investigation or proceeding conducted under this
9 section.
10 (7) The commission may issue a cease and desist order
11 in conjunction with an administrative complaint or notice of
12 denial of licensure, if necessary to protect the health,
13 safety, or welfare of students, prospective students, or the
14 public. An unlicensed institution that advertises or causes
15 advertisements to be made public through which students are
16 solicited for enrollment or are offered diplomas or degrees is
17 in violation of this chapter. The commission shall adopt rules
18 that direct the issuance of an injunction against operating,
19 advertising, or offering diplomas or degrees without a
20 license. Each day of operation after a cease and desist letter
21 is delivered constitutes a separate violation for purposes of
22 assessing fines or seeking civil penalties.
23 (a) A cease and desist order may be mandatory or
24 prohibitory in form and may order a postsecondary institution
25 to cease and desist from specified conduct or from failing to
26 engage in specified conduct necessary to achieve the
27 regulatory purposes of this chapter.
28 (b) A cease and desist order may include an order to
29 cease enrollment of students whom the institution cannot
30 adequately serve, to modify curricula or methods of
31 instruction to ensure the education or training of the type
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and quality represented in the institutional catalog, or to
2 cease from advertising or to publish or broadcast corrective
3 or clarifying advertising to overcome the effects of previous
4 allegedly deceptive or misleading advertising.
5 (c) A cease and desist order takes effect immediately
6 upon issuance and remains in effect until the commission takes
7 final agency action.
8 (d) The commission shall adopt rules to direct
9 procedures by which an affected party is entitled to a formal
10 or informal review of a cease and desist order and may request
11 the commission or the Division of Administrative Hearings to
12 modify or abate a cease and desist order. If a party is
13 aggrieved by a cease and desist order after seeking to have
14 the order abated or modified, the party may seek interlocutory
15 judicial review by the appropriate district court of appeal
16 pursuant to the applicable rules of appellate procedure.
17 (e) In addition to or in lieu of any remedy provided
18 in this section, the commission may seek the imposition of a
19 civil penalty through the circuit court for any violation for
20 which the commission may issue a notice to cease and desist
21 under this section.
22 (8) The commission shall adopt rules to identify
23 grounds for imposing disciplinary actions, which must include
24 at least the following grounds:
25 (a) Attempting to obtain action from the commission by
26 fraudulent misrepresentation, bribery, or through an error of
27 the commission.
28 (b) Action against a license or operation imposed
29 under the authority of another state, territory, or country.
30 (c) Delegating professional responsibilities to a
31 person who is not qualified by training, experience, or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 licensure to perform the responsibilities.
2 (d) False, deceptive, or misleading advertising.
3 (e) Conspiring to coerce, intimidate, or preclude
4 another licensee from lawfully advertising his or her
5 services.
6 Section 264. Section 1005.39, Florida Statutes, is
7 created to read:
8 1005.39 Continuing education and training for
9 administrators and faculty.--
10 (1) The commission is authorized to ensure that the
11 administrators of licensed institutions are qualified to
12 conduct the operations of their respective positions and to
13 require such administrators and faculty to receive continuing
14 education and training as adopted by rule of the commission.
15 The positions for which the commission may review
16 qualifications and require continuing education and training
17 may include the positions of chief administrator or officer,
18 director of education or training, placement director,
19 admissions director, and financial aid director and faculty
20 members.
21 (2) The training of each administrator and faculty
22 member shall be the type of training necessary to assure
23 compliance with statutes and rules of the commission and the
24 State Board of Education and with those of other state or
25 federal agencies in relation to the responsibilities of the
26 respective positions.
27 (3) The commission shall adopt general qualifications
28 for each of the respective positions and establish guidelines
29 for the minimum amount and type of continuing education and
30 training to be required. The continuing education and training
31 may be provided by the commission, appropriate state or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 federal agencies, or professional organizations familiar with
2 the requirements of the particular administrative positions.
3 The actual curricula should be left to the discretion of those
4 agencies and organizations.
5 (4) Evidence of the administrator's and faculty
6 member's compliance with the continuing education and training
7 requirements established by the commission may be included in
8 the initial and renewal application forms provided by the
9 commission. Actual records of the continuing education and
10 training received by administrators and faculty shall be
11 maintained at the institution and available for inspection at
12 all times.
13 (5) Qualifications of administrators and faculty in
14 their respective fields, as well as continuing education and
15 training, may be established by the commission as a condition
16 of an application for licensure by a new institution or for
17 renewal of a license.
18 Section 265. Chapter 1006, Florida Statutes, shall be
19 entitled "Support for Learning" and shall consist of ss.
20 1006.02-1006.71.
21 Section 266. Part I of chapter 1006, Florida Statutes,
22 shall be entitled "Public K-12 Education Support for Learning
23 and Student Services" and shall consist of ss.
24 1006.02-1006.27.
25 Section 267. Part I.a. of chapter 1006, Florida
26 Statutes, shall be entitled "Learning Services Generally" and
27 shall consist of ss. 1006.02-1006.04.
28 Section 268. Section 1006.02, Florida Statutes, is
29 created to read:
30 1006.02 Provision of information to students and
31 parents regarding school-to-work transition.--
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 (1) All public K-12 schools shall document the manner
2 in which they have prepared students to enter the workforce,
3 including information regarding the provision of accurate,
4 timely career and curricular counseling to students. This
5 information shall include a delineation of available career
6 opportunities, educational requirements associated with each
7 career, educational institutions that prepare students to
8 enter each career, and student financial aid available to
9 enable students to pursue any postsecondary instruction
10 required to enter that career. This information shall also
11 delineate school procedures for identifying individual student
12 interests and aptitudes which enable students to make informed
13 decisions about the curriculum that best addresses their
14 individual interests and aptitudes while preparing them to
15 enroll in postsecondary education and enter the workforce.
16 This information shall include recommended high school
17 coursework that prepares students for success in college-level
18 work. The information shall be made known to parents and
19 students annually through inclusion in the school's handbook,
20 manual, or similar documents or other communications regularly
21 provided to parents and students.
22 (2) The information required by this section shall
23 delineate the availability of applied instruction that uses
24 concrete, real-world examples to elicit demonstrated student
25 competence comparable to the student performance standards
26 delineated for corresponding traditional college-preparatory
27 courses, and shall also delineate the support services
28 available for students who need assistance to successfully
29 complete instruction necessary to enroll in postsecondary
30 education or enter the workforce.
31 (3) The information required by this section shall
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Amendment No. ___ (for drafter's use only)
1 delineate the availability of instruction that enables
2 students to acquire the technical skills associated with
3 specific clusters of occupations as well as employability
4 skills that apply to most occupations, and shall describe and
5 identify the availability of workplace-based learning
6 experiences. Any school that conducts secondary career
7 education programs shall identify any agreements through which
8 each program articulates into corresponding postsecondary
9 programs.
10 (4) Prior to each student's graduation from high
11 school, the school shall assess the student's preparation to
12 enter the workforce, in accordance with the commissioner's
13 identification of the employability skills associated with
14 successful entry into the workforce, and shall provide the
15 student and the student's parent or guardian with the results
16 of this assessment.
17 Section 269. Section 1006.03, Florida Statutes, is
18 created to read:
19 1006.03 Diagnostic and learning resource centers.--
20 (1) The department shall maintain regional diagnostic
21 and learning resource centers for exceptional students, to
22 assist in the provision of medical, physiological,
23 psychological, and educational testing and other services
24 designed to evaluate and diagnose exceptionalities, to make
25 referrals for necessary instruction and services, and to
26 facilitate the provision of instruction and services to
27 exceptional students. The department shall cooperate with the
28 Department of Children and Family Services in identifying
29 service needs and areas.
30 (2) Within its identified service area, each regional
31 center shall:
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 (a) Provide assistance to parents, teachers, and other
2 school personnel and community organizations in locating and
3 identifying exceptional children and planning educational
4 programs for them.
5 (b) Assist in the provision of services for
6 exceptional children, using to the maximum, but not
7 supplanting, the existing facilities and services of each
8 district.
9 (c) Provide orientation meetings at least annually for
10 teachers, principals, supervisors, and community agencies to
11 familiarize them with center facilities and services for
12 exceptional children.
13 (d) Plan, coordinate, and assist in the implementation
14 of inservice training programs, consistent with each
15 district's program of staff development, for the development
16 and updating of attitudes, skills, and instructional practices
17 and procedures necessary to the education of exceptional
18 children.
19 (e) Assist districts in the identification, selection,
20 acquisition, use, and evaluation of media and materials
21 appropriate to the implementation of instructional programs
22 based on individual educational plans for exceptional
23 children.
24 (f) Provide for the dissemination and diffusion of
25 significant information and promising practices derived from
26 educational research, demonstration, and other projects.
27 (g) Assist in the delivery, modification, and
28 integration of instructional technology, including
29 microcomputer applications and adaptive and assistive devices,
30 appropriate to the unique needs of exceptional students.
31 (3) Diagnostic and resource centers may provide
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 testing and evaluation services to private school students and
2 other children who are not enrolled in public schools.
3 (4) Diagnostic and learning resource centers may
4 assist districts in providing testing and evaluation services
5 for infants and preschool children with or at risk of
6 developing disabilities, and may assist districts in providing
7 interdisciplinary training and resources to parents of infants
8 and preschool children with or at risk of developing
9 disabilities and to school readiness programs.
10 Section 270. Section 1006.035, Florida Statutes, is
11 created to read:
12 1006.035 Dropout reentry and mentor project.--
13 (1) There is created a dropout reentry and mentor
14 project to be coordinated on a pilot basis by the Florida
15 Agricultural and Mechanical University National Alumni
16 Association and implemented in Tallahassee, Jacksonville,
17 Daytona Beach, and Miami.
18 (2) The project shall identify 15 black students in
19 each location who have dropped out of high school but were not
20 encountering academic difficulty when they left school.
21 Students chosen to participate may not have a high school
22 diploma, be enrolled in an adult general education program
23 which includes a GED program or an adult high school, or be
24 enrolled in a technical school. Students may be employed but
25 must be able to adjust their work schedules to accommodate
26 classes and project sessions. Priority must be given to
27 students who have dropped out of school within the last 3
28 years.
29 (3) In identifying participants, the following factors
30 must be considered:
31 (a) The student's performance in school before
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 dropping out.
2 (b) The student's performance on aptitude and
3 achievement tests.
4 (c) The student's desire to reenter school.
5 (4) In each of the four locations, the project shall
6 identify 15 high-achieving minority students to serve as
7 one-on-one mentors to the students who are being reentered in
8 school. An alumnus of Bethune-Cookman College, Florida
9 Memorial College, Edward Waters College, or Florida
10 Agricultural and Mechanical University shall be assigned to
11 each pair of students. Student mentors and alumni must serve
12 as role models and resource people for the students who are
13 being reentered in school.
14 (5) Selected project participants shall be evaluated
15 and enrolled in a GED program, regular high school, technical
16 school, or alternative school. In conjunction with school
17 guidance personnel, project staff shall design a supplemental
18 program to reinforce basic skills, provide additional
19 counseling, and offer tutorial assistance. Weekly, project
20 staff shall monitor students' attendance, performance,
21 homework, and attitude toward school.
22 (6) The project shall use tests to identify students'
23 interests and academic weaknesses. Based on the test results,
24 an individualized study program shall be developed for each
25 reentry student.
26 (7) The 15 alumni at each location must meet with
27 their assigned reentry students and high achievers, together,
28 at least once per week. All reentry students must meet as a
29 group at least once per week for structured, organized
30 activities that include instruction in test-taking skills,
31 positive attitude, coping, study habits, budgeting time,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 setting goals, career choices, homework assistance, and
2 conflict resolution.
3 (8) Followup interviews with both the reentry students
4 and high achievers must be conducted after 1 year to determine
5 the project's impact.
6 Section 271. Section 1006.04, Florida Statutes, is
7 created to read:
8 1006.04 Educational multiagency services for students
9 with severe emotional disturbance.--
10 (1)(a) An intensive, integrated educational program; a
11 continuum of mental health treatment services; and, when
12 needed, residential services are necessary to enable students
13 with severe emotional disturbance to develop appropriate
14 behaviors and demonstrate academic and career education
15 skills. The small incidence of severe emotional disturbance in
16 the total school population requires multiagency programs to
17 provide access to appropriate services for all students with
18 severe emotional disturbance. District school boards should
19 provide educational programs, and state departments and
20 agencies administering children's mental health funds should
21 provide mental health treatment and residential services when
22 needed, forming a multiagency network to provide support for
23 students with severe emotional disturbance.
24 (b) The program goals for each component of the
25 multiagency network are to enable students with severe
26 emotional disturbance to learn appropriate behaviors, reduce
27 dependency, and fully participate in all aspects of school and
28 community living; to develop individual programs for students
29 with severe emotional disturbance, including necessary
30 educational, residential, and mental health treatment
31 services; to provide programs and services as close as
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 possible to the student's home in the least restrictive manner
2 consistent with the student's needs; and to integrate a wide
3 range of services necessary to support students with severe
4 emotional disturbance and their families.
5 (2) The department may award grants to district school
6 boards for statewide planning and development of the
7 multiagency network for students with severe emotional
8 disturbance. The educational services shall be provided in a
9 manner consistent with the requirements of ss. 1003.57 and
10 402.22.
11 (3) State departments and agencies may use appropriate
12 funds for the multiagency network for students with severe
13 emotional disturbance.
14 Section 272. Part I.b. of chapter 1006, Florida
15 Statutes, shall be entitled "Student Food and Health Services"
16 and shall consist of ss. 1006.06-1006.063.
17 Section 273. Section 1006.06, Florida Statutes, is
18 created to read:
19 1006.06 School food service programs.--
20 (1) In recognition of the demonstrated relationship
21 between good nutrition and the capacity of students to develop
22 and learn, it is the policy of the state to provide standards
23 for school food service and to require district school boards
24 to establish and maintain an appropriate private school food
25 service program consistent with the nutritional needs of
26 students.
27 (2) The State Board of Education shall adopt rules
28 covering the administration and operation of the school food
29 service programs.
30 (3) Each district school board shall consider the
31 recommendations of the district school superintendent and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 adopt policies to provide for an appropriate food and
2 nutrition program for students consistent with federal law and
3 State Board of Education rule.
4 (4) The state shall provide the state National School
5 Lunch Act matching requirements. The funds provided shall be
6 distributed in such a manner as to comply with the
7 requirements of the National School Lunch Act.
8 (5)(a) Each district school board shall implement
9 school breakfast programs in all elementary schools that make
10 breakfast available to all students in kindergarten through
11 grade 6 in each district school, unless the elementary school
12 goes only through grade 5, in which case the requirement shall
13 apply only through grade 5. Each district school board shall
14 implement breakfast programs in all elementary schools in
15 which students are eligible for free and reduced price lunch
16 meals, to the extent specifically funded in the General
17 Appropriations Act. A district school board may operate a
18 breakfast program providing for food preparation at the school
19 site or in central locations with distribution to designated
20 satellite schools or any combination thereof.
21 (b) The commissioner shall make every reasonable
22 effort to ensure that any school designated a "severe need
23 school" receives the highest rate of reimbursement to which it
24 is entitled pursuant to 42 U.S.C. s. 1773 for each free and
25 reduced price breakfast served.
26 (c) The department shall calculate and distribute a
27 school district breakfast supplement for each school year by
28 multiplying the state breakfast rate as specified in the
29 General Appropriations Act by the number of free and reduced
30 price breakfast meals served.
31 (d) The Legislature shall provide sufficient funds in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the General Appropriations Act to reimburse participating
2 school districts for the difference between the average
3 federal reimbursement for free and reduced price breakfasts
4 and the average statewide cost for breakfasts.
5 Section 274. Section 1006.0605, Florida Statutes, is
6 created to read:
7 1006.0605 Students' summer nutrition.--
8 (1) Each district school superintendent shall report
9 to the department any activity or initiative that provides
10 access to a food service program during school vacation
11 periods of over 2 weeks to students who are eligible for free
12 or reduced-price meals. The report shall include any
13 developed or implemented plans for how the school district
14 will sponsor, host, or vend the federal Summer Food Service
15 Program.
16 (2) The district school superintendent shall submit
17 the report to the department by February 1, 2004. Prior to
18 submitting the report to the department, the district school
19 superintendent shall report this information to the district
20 school board.
21 (3) By March 1, 2004, the department shall submit to
22 the President of the Senate, the Speaker of the House of
23 Representatives, the chairs of the education committees in the
24 Senate and the House of Representatives, and the State Board
25 of Education a report compiling the school district
26 information.
27 Section 275. Section 1006.061, Florida Statutes, is
28 created to read:
29 1006.061 Child abuse, abandonment, and neglect
30 policy.--Each district school board shall:
31 (1) Post in a prominent place in each school a notice
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that, pursuant to chapter 39, all employees and agents of the
2 district school board have an affirmative duty to report all
3 actual or suspected cases of child abuse, abandonment, or
4 neglect; have immunity from liability if they report such
5 cases in good faith; and have a duty to comply with child
6 protective investigations and all other provisions of law
7 relating to child abuse, abandonment, and neglect. The notice
8 shall also include the statewide toll-free telephone number of
9 the central abuse hotline.
10 (2) Require the district school superintendent, or the
11 superintendent's designee, at the request of the Department of
12 Children and Family Services, to act as a liaison to the
13 Department of Children and Family Services and the child
14 protection team, as defined in s. 39.01, when in a case of
15 suspected child abuse, abandonment, or neglect or an unlawful
16 sexual offense involving a child the case is referred to such
17 a team; except that this does not relieve or restrict the
18 Department of Children and Family Services from discharging
19 its duty and responsibility under the law to investigate and
20 report every suspected or actual case of child abuse,
21 abandonment, or neglect or unlawful sexual offense involving a
22 child.
23 Section 276. Section 1006.062, Florida Statutes, is
24 created to read:
25 1006.062 Administration of medication and provision of
26 medical services by district school board personnel.--
27 (1) Notwithstanding the provisions of the Nurse
28 Practice Act, part I of chapter 464, district school board
29 personnel may assist students in the administration of
30 prescription medication when the following conditions have
31 been met:
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) Each district school board shall include in its
2 approved school health services plan a procedure to provide
3 training, by a registered nurse, a licensed practical nurse, a
4 physician licensed pursuant to chapter 458 or chapter 459, or
5 a physician assistant licensed pursuant to chapter 458 or
6 chapter 459, to the school personnel designated by the school
7 principal to assist students in the administration of
8 prescribed medication. Such training may be provided in
9 collaboration with other school districts, through contract
10 with an education consortium, or by any other arrangement
11 consistent with the intent of this subsection.
12 (b) Each district school board shall adopt policies
13 and procedures governing the administration of prescription
14 medication by district school board personnel. The policies
15 and procedures shall include, but not be limited to, the
16 following provisions:
17 1. For each prescribed medication, the student's
18 parent shall provide to the school principal a written
19 statement which grants to the school principal or the
20 principal's designee permission to assist in the
21 administration of such medication and which explains the
22 necessity for the medication to be provided during the school
23 day, including any occasion when the student is away from
24 school property on official school business. The school
25 principal or the principal's trained designee shall assist the
26 student in the administration of the medication.
27 2. Each prescribed medication to be administered by
28 district school board personnel shall be received, counted,
29 and stored in its original container. When the medication is
30 not in use, it shall be stored in its original container in a
31 secure fashion under lock and key in a location designated by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the school principal.
2 (2) There shall be no liability for civil damages as a
3 result of the administration of the medication when the person
4 administering the medication acts as an ordinarily reasonably
5 prudent person would have acted under the same or similar
6 circumstances.
7 (3) Nonmedical district school board personnel shall
8 not be allowed to perform invasive medical services that
9 require special medical knowledge, nursing judgment, and
10 nursing assessment, including, but not limited to:
11 (a) Sterile catheterization.
12 (b) Nasogastric tube feeding.
13 (c) Cleaning and maintaining a tracheostomy and deep
14 suctioning of a tracheostomy.
15 (4) Nonmedical assistive personnel shall be allowed to
16 perform health-related services upon successful completion of
17 child-specific training by a registered nurse or advanced
18 registered nurse practitioner licensed under chapter 464, a
19 physician licensed pursuant to chapter 458 or chapter 459, or
20 a physician assistant licensed pursuant to chapter 458 or
21 chapter 459. All procedures shall be monitored periodically
22 by a nurse, advanced registered nurse practitioner, physician
23 assistant, or physician, including, but not limited to:
24 (a) Intermittent clean catheterization.
25 (b) Gastrostomy tube feeding.
26 (c) Monitoring blood glucose.
27 (d) Administering emergency injectable medication.
28 (5) For all other invasive medical services not listed
29 in this subsection, a registered nurse or advanced registered
30 nurse practitioner licensed under chapter 464, a physician
31 licensed pursuant to chapter 458 or chapter 459, or a
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 physician assistant licensed pursuant to chapter 458 or
2 chapter 459 shall determine if nonmedical district school
3 board personnel shall be allowed to perform such service.
4 (6) Each district school board shall establish
5 emergency procedures in accordance with s. 381.0056(5) for
6 life-threatening emergencies.
7 (7) District school board personnel shall not refer
8 students to or offer students at school facilities
9 contraceptive services without the consent of a parent or
10 legal guardian. To the extent that this paragraph conflicts
11 with any provision of chapter 381, the provisions of chapter
12 381 control.
13 Section 277. Section 1006.063, Florida Statutes, is
14 created to read:
15 1006.063 Eye-protective devices required in certain
16 laboratory courses.--
17 (1) Eye-protective devices shall be worn by students,
18 teachers, and visitors in courses including, but not limited
19 to, chemistry, physics, or chemical-physical laboratories, at
20 any time at which the individual is engaged in or observing an
21 activity or the use of hazardous substances likely to cause
22 injury to the eyes. Activity or the use of hazardous
23 substances likely to cause injury to the eye includes:
24 (a) Heat treatment; tempering or kiln firing of any
25 metal or other materials;
26 (b) Working with caustic or explosive materials; or
27 (c) Working with hot liquids or solids, including
28 chemicals which are flammable, caustic, toxic, or irritating.
29 (2) District school boards shall furnish plano safety
30 glasses or devices for students, may provide such glasses to
31 teachers, and shall furnish such equipment for all visitors to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 such classrooms or laboratories, or may purchase such plano
2 safety glasses or devices in large quantities and sell them at
3 cost to students and teachers, but shall not purchase,
4 furnish, or dispense prescription glasses or lenses.
5 Section 278. Part I.c. of chapter 1006, Florida
6 Statutes, shall be entitled "Student Discipline and School
7 Safety" and shall consist of ss. 1006.07-1006.145.
8 Section 279. Section 1006.07, Florida Statutes, is
9 created to read:
10 1006.07 District school board duties relating to
11 student discipline and school safety.--The district school
12 board shall provide for the proper accounting for all
13 students, for the attendance and control of students at
14 school, and for proper attention to health, safety, and other
15 matters relating to the welfare of students, including:
16 (1) CONTROL OF STUDENTS.--
17 (a) Adopt rules for the control, discipline, in-school
18 suspension, suspension, and expulsion of students and decide
19 all cases recommended for expulsion. Suspension hearings are
20 exempted from the provisions of chapter 120. Expulsion
21 hearings shall be governed by ss. 120.569 and 120.57(2) and
22 are exempt from s. 286.011. However, the student's parent must
23 be given notice of the provisions of s. 286.011 and may elect
24 to have the hearing held in compliance with that section. The
25 district school board may prohibit the use of corporal
26 punishment, if the district school board adopts or has adopted
27 a written program of alternative control or discipline.
28 (b) Require each student at the time of initial
29 registration for school in the school district to note
30 previous school expulsions, arrests resulting in a charge, and
31 juvenile justice actions the student has had, and have the
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 authority as the district school board of a receiving school
2 district to honor the final order of expulsion or dismissal of
3 a student by any in-state or out-of-state public district
4 school board or private school, or lab school, for an act
5 which would have been grounds for expulsion according to the
6 receiving district school board's code of student conduct, in
7 accordance with the following procedures:
8 1. A final order of expulsion shall be recorded in the
9 records of the receiving school district.
10 2. The expelled student applying for admission to the
11 receiving school district shall be advised of the final order
12 of expulsion.
13 3. The district school superintendent of the receiving
14 school district may recommend to the district school board
15 that the final order of expulsion be waived and the student be
16 admitted to the school district, or that the final order of
17 expulsion be honored and the student not be admitted to the
18 school district. If the student is admitted by the district
19 school board, with or without the recommendation of the
20 district school superintendent, the student may be placed in
21 an appropriate educational program at the direction of the
22 district school board.
23 (2) CODE OF STUDENT CONDUCT.--Adopt a code of student
24 conduct for elementary schools and a code of student conduct
25 for middle and high schools and distribute the appropriate
26 code to all teachers, school personnel, students, and parents,
27 at the beginning of every school year. Each code shall be
28 organized and written in language that is understandable to
29 students and parents and shall be discussed at the beginning
30 of every school year in student classes, school advisory
31 council meetings, and parent and teacher association or
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 organization meetings. Each code shall be based on the rules
2 governing student conduct and discipline adopted by the
3 district school board and shall be made available in the
4 student handbook or similar publication. Each code shall
5 include, but is not limited to:
6 (a) Consistent policies and specific grounds for
7 disciplinary action, including in-school suspension,
8 out-of-school suspension, expulsion, and any disciplinary
9 action that may be imposed for the possession or use of
10 alcohol on school property or while attending a school
11 function or for the illegal use, sale, or possession of
12 controlled substances as defined in chapter 893.
13 (b) Procedures to be followed for acts requiring
14 discipline, including corporal punishment.
15 (c) An explanation of the responsibilities and rights
16 of students with regard to attendance, respect for persons and
17 property, knowledge and observation of rules of conduct, the
18 right to learn, free speech and student publications,
19 assembly, privacy, and participation in school programs and
20 activities.
21 (d) Notice that illegal use, possession, or sale of
22 controlled substances, as defined in chapter 893, or
23 possession of electronic telephone pagers, by any student
24 while the student is upon school property or in attendance at
25 a school function is grounds for disciplinary action by the
26 school and may also result in criminal penalties being
27 imposed.
28 (e) Notice that the possession of a firearm or weapon
29 ad defined in chapter 790 by any student while the student is
30 on school property or in attendance at a school function is
31 grounds for disciplinary action and may also result in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 criminal prosecution.
2 (f) Notice that violence against any district school
3 board personnel by a student is grounds for in-school
4 suspension, out-of-school suspension, expulsion, or imposition
5 of other disciplinary action by the school and may also result
6 in criminal penalties being imposed.
7 (g) Notice that violation of district school board
8 transportation policies, including disruptive behavior on a
9 school bus or at a school bus stop, by a student is grounds
10 for suspension of the student's privilege of riding on a
11 school bus and may be grounds for disciplinary action by the
12 school and may also result in criminal penalties being
13 imposed.
14 (h) Notice that violation of the district school
15 board's sexual harassment policy by a student is grounds for
16 in-school suspension, out-of-school suspension, expulsion, or
17 imposition of other disciplinary action by the school and may
18 also result in criminal penalties being imposed.
19 (i) Policies to be followed for the assignment of
20 violent or disruptive students to an alternative educational
21 program.
22 (j) Notice that any student who is determined to have
23 brought a firearm or weapon, as defined in chapter 790, to
24 school, to any school function, or onto any school-sponsored
25 transportation, or to have possessed a firearm at school, will
26 be expelled, with or without continuing educational services,
27 from the student's regular school for a period of not less
28 than 1 full year and referred to the criminal justice or
29 juvenile justice system; provided, however, that nothing
30 herein shall require the district school board to apply such
31 requirements to a firearm or weapon that is lawfully stored in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a locked vehicle on school property, or for activities
2 approved and authorized by the district school board when the
3 board has adopted appropriate safeguards to ensure student
4 safety. District school boards may assign the student to a
5 disciplinary program or second chance school for the purpose
6 of continuing educational services during the period of
7 expulsion. District school superintendents may consider the
8 1-year expulsion requirement on a case-by-case basis and
9 request the district school board to modify the requirement by
10 assigning the student to a disciplinary program or second
11 chance school if the request for modification is in writing
12 and it is determined to be in the best interest of the student
13 and the school system.
14 (k) Notice that any student who is determined to have
15 made a threat or false report, as defined by ss. 790.162 and
16 790.163, respectively, involving school or school personnel's
17 property, school transportation, or a school-sponsored
18 activity will be expelled, with or without continuing
19 educational services, from the student's regular school for a
20 period of not less than 1 full year and referred for criminal
21 prosecution. District school boards may assign the student to
22 a disciplinary program or second chance school for the purpose
23 of continuing educational services during the period of
24 expulsion. District school superintendents may consider the
25 1-year expulsion requirement on a case-by-case basis and
26 request the district school board to modify the requirement by
27 assigning the student to a disciplinary program or second
28 chance school if it is determined to be in the best interest
29 of the student and the school system.
30 (3) STUDENT CRIME WATCH PROGRAM.--By resolution of the
31 district school board, implement a student crime watch program
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to promote responsibility among students and to assist in the
2 control of criminal behavior within the schools.
3 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.--
4 (a) Formulate and prescribe policies and procedures
5 for emergency drills and for actual emergencies, including,
6 but not limited to, fires, natural disasters, and bomb
7 threats, for all the public schools of the district which
8 comprise grades K-12. District school board policies shall
9 include commonly used alarm system responses for specific
10 types of emergencies and verification by each school that
11 drills have been provided as required by law and fire
12 protection codes.
13 (b) The district school board shall establish model
14 emergency management and emergency preparedness procedures for
15 the following life-threatening emergencies:
16 1. Weapon-use and hostage situations.
17 2. Hazardous materials or toxic chemical spills.
18 3. Weather emergencies, including hurricanes,
19 tornadoes, and severe storms.
20 4. Exposure as a result of a manmade emergency.
21 (5) EDUCATIONAL SERVICES IN DETENTION
22 FACILITIES.--Offer educational services to minors who have not
23 graduated from high school and eligible students with
24 disabilities under the age of 22 who have not graduated with a
25 standard diploma or its equivalent who are detained in a
26 county or municipal detention facility as defined in s.
27 951.23. These educational services shall be based upon the
28 estimated length of time the student will be in the facility
29 and the student's current level of functioning. District
30 school superintendents or their designees shall be notified by
31 the county sheriff or chief correctional officer, or his or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 her designee, upon the assignment of a student under the age
2 of 21 to the facility. A cooperative agreement with the
3 district school board and applicable law enforcement units
4 shall be developed to address the notification requirement and
5 the provision of educational services to these students.
6 (6) SAFETY AND SECURITY BEST PRACTICES.--Use the
7 Safety and Security Best Practices developed by the Office of
8 Program Policy Analysis and Government Accountability to
9 conduct a self-assessment of the school districts' current
10 safety and security practices. Based on these self-assessment
11 findings, the district school superintendent shall provide
12 recommendations to the district school board which identify
13 strategies and activities that the district school board
14 should implement in order to improve school safety and
15 security. Annually each district school board must receive the
16 self-assessment results at a publicly noticed district school
17 board meeting to provide the public an opportunity to hear the
18 district school board members discuss and take action on the
19 report findings. Each district school superintendent shall
20 report the self-assessment results and school board action to
21 the commissioner within 30 days after the district school
22 board meeting.
23 Section 280. Section 1006.08, Florida Statutes, is
24 created to read:
25 1006.08 District school superintendent duties relating
26 to student discipline and school safety.--
27 (1) The district school superintendent shall recommend
28 plans to the district school board for the proper accounting
29 for all students of school age, for the attendance and control
30 of students at school, for the proper attention to health,
31 safety, and other matters which will best promote the welfare
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of students. When the district school superintendent makes a
2 recommendation for expulsion to the district school board, he
3 or she shall give written notice to the student and the
4 student's parent of the recommendation, setting forth the
5 charges against the student and advising the student and his
6 or her parent of the student's right to due process as
7 prescribed by ss. 120.569 and 120.57(2). When district school
8 board action on a recommendation for the expulsion of a
9 student is pending, the district school superintendent may
10 extend the suspension assigned by the principal beyond 10
11 school days if such suspension period expires before the next
12 regular or special meeting of the district school board.
13 (2) Notwithstanding the provisions of s. 985.04(4) or
14 any other provision of law to the contrary, the court shall,
15 within 48 hours of the finding, notify the appropriate
16 district school superintendent of the name and address of any
17 student found to have committed a delinquent act, or who has
18 had adjudication of a delinquent act withheld which, if
19 committed by an adult, would be a felony, or the name and
20 address of any student found guilty of a felony. Notification
21 shall include the specific delinquent act found to have been
22 committed or for which adjudication was withheld, or the
23 specific felony for which the student was found guilty.
24 (3) Except to the extent necessary to protect the
25 health, safety, and welfare of other students, the information
26 obtained by the district school superintendent pursuant to
27 this section may be released only to appropriate school
28 personnel or as otherwise provided by law.
29 Section 281. Section 1006.09, Florida Statutes, is
30 created to read:
31 1006.09 Duties of school principal relating to student
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 discipline and school safety.--
2 (1)(a) Subject to law and to the rules of the State
3 Board of Education and the district school board, the
4 principal in charge of the school or the principal's designee
5 shall develop policies for delegating to any teacher or other
6 member of the instructional staff or to any bus driver
7 transporting students of the school responsibility for the
8 control and direction of students. The principal or the
9 principal's designee shall consider the recommendation for
10 discipline made by a teacher, other member of the
11 instructional staff, or a bus driver when making a decision
12 regarding student referral for discipline.
13 (b) The principal or the principal's designee may
14 suspend a student only in accordance with the rules of the
15 district school board. The principal or the principal's
16 designee shall make a good faith effort to immediately inform
17 a student's parent by telephone of a student's suspension and
18 the reasons for the suspension. Each suspension and the
19 reasons for the suspension shall be reported in writing within
20 24 hours to the student's parent by United States mail. Each
21 suspension and the reasons for the suspension shall also be
22 reported in writing within 24 hours to the district school
23 superintendent. A good faith effort shall be made by the
24 principal or the principal's designee to employ parental
25 assistance or other alternative measures prior to suspension,
26 except in the case of emergency or disruptive conditions which
27 require immediate suspension or in the case of a serious
28 breach of conduct as defined by rules of the district school
29 board. Such rules shall require oral and written notice to the
30 student of the charges and an explanation of the evidence
31 against him or her prior to the suspension. Each student shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be given an opportunity to present his or her side of the
2 story. No student shall be suspended for unexcused tardiness,
3 lateness, absence, or truancy. The principal or the
4 principal's designee may suspend any student transported to or
5 from school at public expense from the privilege of riding on
6 a school bus for violation of district school board
7 transportation policies, which shall include a policy
8 regarding behavior at school bus stops, and the principal or
9 the principal's designee shall give notice in writing to the
10 student's parent and to the district school superintendent
11 within 24 hours. School personnel shall not be held legally
12 responsible for suspensions of students made in good faith.
13 (c) The principal or the principal's designee may
14 recommend to the district school superintendent the expulsion
15 of any student who has committed a serious breach of conduct,
16 including, but not limited to, willful disobedience, open
17 defiance of authority of a member of his or her staff,
18 violence against persons or property, or any other act which
19 substantially disrupts the orderly conduct of the school. A
20 recommendation of expulsion or assignment to a second chance
21 school may also be made for any student found to have
22 intentionally made false accusations that jeopardize the
23 professional reputation, employment, or professional
24 certification of a teacher or other member of the school
25 staff, according to the district school board code of student
26 conduct. Any recommendation of expulsion shall include a
27 detailed report by the principal or the principal's designated
28 representative on the alternative measures taken prior to the
29 recommendation of expulsion.
30 (d) The principal or the principal's designee shall
31 include an analysis of suspensions and expulsions in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 annual report of school progress.
2 (2) Suspension proceedings, pursuant to rules of the
3 State Board of Education, may be initiated against any
4 enrolled student who is formally charged with a felony, or
5 with a delinquent act which would be a felony if committed by
6 an adult, by a proper prosecuting attorney for an incident
7 which allegedly occurred on property other than public school
8 property, if that incident is shown, in an administrative
9 hearing with notice provided to the parents of the student by
10 the principal of the school pursuant to rules adopted by the
11 State Board of Education and to rules developed pursuant to s.
12 1001.54, to have an adverse impact on the educational program,
13 discipline, or welfare in the school in which the student is
14 enrolled. Any student who is suspended as the result of such
15 proceedings may be suspended from all classes of instruction
16 on public school grounds during regular classroom hours for a
17 period of time, which may exceed 10 days, as determined by the
18 district school superintendent. The suspension shall not
19 affect the delivery of educational services to the student,
20 and the student shall be immediately enrolled in a daytime
21 alternative education program, or an evening alternative
22 education program, where appropriate. If the court determines
23 that the student did commit the felony or delinquent act which
24 would have been a felony if committed by an adult, the
25 district school board may expel the student, provided that
26 expulsion under this subsection shall not affect the delivery
27 of educational services to the student in any residential,
28 nonresidential, alternative, daytime, or evening program
29 outside of the regular school setting. Any student who is
30 subject to discipline or expulsion for unlawful possession or
31 use of any substance controlled under chapter 893 may be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 entitled to a waiver of the discipline or expulsion:
2 (a) If the student divulges information leading to the
3 arrest and conviction of the person who supplied the
4 controlled substance to him or her, or if the student
5 voluntarily discloses his or her unlawful possession of the
6 controlled substance prior to his or her arrest. Any
7 information divulged which leads to arrest and conviction is
8 not admissible in evidence in a subsequent criminal trial
9 against the student divulging the information.
10 (b) If the student commits himself or herself, or is
11 referred by the court in lieu of sentence, to a state-licensed
12 drug abuse program and successfully completes the program.
13 (3) A student may be disciplined or expelled for
14 unlawful possession or use of any substance controlled under
15 chapter 893 upon the third violation of this provision.
16 (4) When a student has been the victim of a violent
17 crime perpetrated by another student who attends the same
18 school, the school principal shall make full and effective use
19 of the provisions of ss. 1006.09(2) and 1006.13(5). A school
20 principal who fails to comply with this subsection shall be
21 ineligible for any portion of the performance pay policy
22 incentive under s. 1012.22(1)(c). However, if any party
23 responsible for notification fails to properly notify the
24 school, the school principal shall be eligible for the
25 incentive.
26 (5) Any recommendation for the suspension or expulsion
27 of a student with a disability must be made in accordance with
28 rules adopted by the State Board of Education.
29 (6) Each school principal must ensure that
30 standardized forms prescribed by rule of the State Board of
31 Education are used to report data concerning school safety and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 discipline to the department. The school principal must
2 develop a plan to verify the accuracy of reported incidents.
3 (7) The State Board of Education shall adopt by rule a
4 standardized form to be used by each school principal to
5 report data concerning school safety and discipline.
6 (8) The school principal shall require all school
7 personnel to report to the principal or principal's designee
8 any suspected unlawful use, possession, or sale by a student
9 of any controlled substance, as defined in s. 893.02; any
10 counterfeit controlled substance, as defined in s. 831.31; any
11 alcoholic beverage, as defined in s. 561.01(4); or model glue.
12 School personnel are exempt from civil liability when
13 reporting in good faith to the proper school authority such
14 suspected unlawful use, possession, or sale by a student.
15 Only a principal or principal's designee is authorized to
16 contact a parent or legal guardian of a student regarding this
17 situation. Reports made and verified under this subsection
18 shall be forwarded to an appropriate agency. The principal or
19 principal's designee shall timely notify the student's parent
20 that a verified report made under this subsection with respect
21 to the student has been made and forwarded.
22 (9) A school principal or a school employee designated
23 by the principal, if she or he has reasonable suspicion that a
24 prohibited or illegally possessed substance or object is
25 contained within a student's locker or other storage area, may
26 search the locker or storage area. The district school board
27 shall require and each school principal shall cause to be
28 posted in each public K-12 school, in a place readily seen by
29 students, a notice stating that a student's locker or other
30 storage area is subject to search, upon reasonable suspicion,
31 for prohibited or illegally possessed substances or objects.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 This subsection does not prohibit the use of metal detectors
2 or specially trained animals in the course of a search for
3 illegally possessed substances or objects.
4 Section 282. Section 1006.10, Florida Statutes, is
5 created to read:
6 1006.10 Authority of school bus drivers and district
7 school boards relating to student discipline and student
8 safety on school buses.--
9 (1) The school bus driver shall require order and good
10 behavior by all students being transported on school buses.
11 (2) The district school board shall require a system
12 of progressive discipline of transported students for actions
13 which are prohibited by the code of student conduct.
14 Disciplinary actions, including suspension of students from
15 riding on district school board owned or contracted school
16 buses, shall be subject to district school board policies and
17 procedures and may be imposed by the principal or the
18 principal's designee. The principal or the principal's
19 designee may delegate any disciplinary authority to school bus
20 drivers except for suspension of students from riding the bus.
21 (3) The school bus driver shall control students
22 during the time students are on the school bus, but shall not
23 have such authority when students are waiting at the school
24 bus stop or when students are en route to or from the school
25 bus stop except when the bus is present at the bus stop.
26 (4) If an emergency should develop due to the conduct
27 of students on the bus, the school bus driver may take such
28 steps as are immediately necessary to protect the students on
29 the bus.
30 (5) School bus drivers shall not be required to
31 operate a bus under conditions in which one or more students
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pose a clear and present danger to the safety of the driver or
2 other students, or the safety of the bus while in operation.
3 The district school board shall have measures in place
4 designed to protect the school bus driver from threats or
5 physical injury from students.
6 (6) District school boards may use transportation,
7 school safety, or FEFP funds to provide added security for
8 buses transporting disruptive or delinquent students to and
9 from school or other educational activities.
10 (7) In the case of a student having engaged in violent
11 or blatantly unsafe actions while riding the school bus, the
12 district school board shall take corrective measures to
13 ensure, to the extent feasible, that such actions are not
14 repeated prior to reassigning the student to the bus.
15 Section 283. Section 1006.11, Florida Statutes, is
16 created to read:
17 1006.11 Standards for use of reasonable force.--
18 (1) The State Board of Education shall adopt standards
19 for the use of reasonable force by district school board
20 personnel to maintain a safe and orderly learning environment.
21 Such standards shall be distributed to each school in the
22 state and shall provide guidance to district school board
23 personnel in receiving the limitations on liability specified
24 in subsection (2).
25 (2) Except in the case of excessive force or cruel and
26 unusual punishment, a teacher or other member of the
27 instructional staff, a principal or the principal's designated
28 representative, or a school bus driver shall not be civilly or
29 criminally liable for any action carried out in conformity
30 with the State Board of Education and district school board
31 rules regarding the control, discipline, suspension, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 expulsion of students, including, but not limited to, any
2 exercise of authority under s. 1006.09 or s. 1003.32.
3 Section 284. Section 1006.12, Florida Statutes, is
4 created to read:
5 1006.12 School resource officers and school safety
6 officers.--
7 (1) District school boards may establish school
8 resource officer programs, through a cooperative agreement
9 with law enforcement agencies or in accordance with subsection
10 (2).
11 (a) School resource officers shall be certified law
12 enforcement officers, as defined in s. 943.10(1), who are
13 employed by a law enforcement agency as defined in s.
14 943.10(4). The powers and duties of a law enforcement officer
15 shall continue throughout the employee's tenure as a school
16 resource officer.
17 (b) School resource officers shall abide by district
18 school board policies and shall consult with and coordinate
19 activities through the school principal, but shall be
20 responsible to the law enforcement agency in all matters
21 relating to employment, subject to agreements between a
22 district school board and a law enforcement agency. Activities
23 conducted by the school resource officer which are part of the
24 regular instructional program of the school shall be under the
25 direction of the school principal.
26 (2)(a) School safety officers shall be law enforcement
27 officers, as defined in s. 943.10(1), certified under the
28 provisions of chapter 943 and employed by either a law
29 enforcement agency or by the district school board. If the
30 officer is employed by the district school board, the district
31 school board is the employing agency for purposes of chapter
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 943, and must comply with the provisions of that chapter.
2 (b) A district school board may commission one or more
3 school safety officers for the protection and safety of school
4 personnel, property, and students within the school district.
5 The district school superintendent may recommend and the
6 district school board may appoint one or more school safety
7 officers.
8 (c) A school safety officer has and shall exercise the
9 power to make arrests for violations of law on district school
10 board property and to arrest persons, whether on or off such
11 property, who violate any law on such property under the same
12 conditions that deputy sheriffs are authorized to make
13 arrests. A school safety officer has the authority to carry
14 weapons when performing his or her official duties.
15 (d) A district school board may enter into mutual aid
16 agreements with one or more law enforcement agencies as
17 provided in chapter 23. A school safety officer's salary may
18 be paid jointly by the district school board and the law
19 enforcement agency, as mutually agreed to.
20 Section 285. Section 1006.13, Florida Statutes, is
21 created to read:
22 1006.13 Policy of zero tolerance for crime and
23 victimization.--
24 (1) Each district school board shall adopt a policy of
25 zero tolerance for:
26 (a) Crime and substance abuse, including the reporting
27 of delinquent acts and crimes occurring whenever and wherever
28 students are under the jurisdiction of the district school
29 board.
30 (b) Victimization of students, including taking all
31 steps necessary to protect the victim of any violent crime
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 from any further victimization.
2 (2) The zero tolerance policy shall require students
3 found to have committed one of the following offenses to be
4 expelled, with or without continuing educational services,
5 from the student's regular school for a period of not less
6 than 1 full year, and to be referred to the criminal justice
7 or juvenile justice system.
8 (a) Bringing a firearm or weapon, as defined in
9 chapter 790, to school, to any school function, or onto any
10 school-sponsored transportation or possessing a firearm at
11 school; provided, however, that nothing herein shall require
12 the district school board to apply such requirements to a
13 firearm or weapon that is lawfully stored in a locked vehicle
14 on school property, or for activities approved and authorized
15 by the district school board when the board has adopted
16 appropriate safeguards to ensure student safety.
17 (b) Making a threat or false report, as defined by ss.
18 790.162 and 790.163, respectively, involving school or school
19 personnel's property, school transportation, or a
20 school-sponsored activity.
21
22 District school boards may assign the student to a
23 disciplinary program for the purpose of continuing educational
24 services during the period of expulsion. District school
25 superintendents may consider the 1-year expulsion requirement
26 on a case-by-case basis and request the district school board
27 to modify the requirement by assigning the student to a
28 disciplinary program or second chance school if the request
29 for modification is in writing and it is determined to be in
30 the best interest of the student and the school system. If a
31 student committing any of the offenses in this subsection is a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 student with a disability, the district school board shall
2 comply with applicable State Board of Education rules.
3 (3) Each district school board shall enter into
4 agreements with the county sheriff's office and local police
5 department specifying guidelines for ensuring that felonies
6 and violent misdemeanors, whether committed by a student or
7 adult, and delinquent acts that would be felonies or violent
8 misdemeanors if committed by an adult, are reported to law
9 enforcement. Each district school board shall adopt a
10 cooperative agreement, pursuant to s. 1003.52(13) with the
11 Department of Juvenile Justice, that specifies guidelines for
12 ensuring that all no contact orders entered by the court are
13 reported and enforced and that all steps necessary are taken
14 to protect the victim of any such crime. Such agreements shall
15 include the role of school resource officers, if applicable,
16 in handling reported incidents, special circumstances in which
17 school officials may handle incidents without filing a report
18 to law enforcement, and a procedure for ensuring that school
19 personnel properly report appropriate delinquent acts and
20 crimes. The school principal shall be responsible for ensuring
21 that all school personnel are properly informed as to their
22 responsibilities regarding crime reporting, that appropriate
23 delinquent acts and crimes are properly reported, and that
24 actions taken in cases with special circumstances are properly
25 taken and documented.
26 (4) Notwithstanding any other provision of law, each
27 district school board shall adopt rules providing that any
28 student found to have committed a violation of s. 784.081(1),
29 (2), or (3) shall be expelled or placed in an alternative
30 school setting or other program, as appropriate. Upon being
31 charged with the offense, the student shall be removed from
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the classroom immediately and placed in an alternative school
2 setting pending disposition.
3 (5)(a) Notwithstanding any provision of law
4 prohibiting the disclosure of the identity of a minor,
5 whenever any student who is attending public school is
6 adjudicated guilty of or delinquent for, or is found to have
7 committed, regardless of whether adjudication is withheld, or
8 pleads guilty or nolo contendere to, a felony violation of:
9 1. Chapter 782, relating to homicide;
10 2. Chapter 784, relating to assault, battery, and
11 culpable negligence;
12 3. Chapter 787, relating to kidnapping, false
13 imprisonment, luring or enticing a child, and custody
14 offenses;
15 4. Chapter 794, relating to sexual battery;
16 5. Chapter 800, relating to lewdness and indecent
17 exposure;
18 6. Chapter 827, relating to abuse of children;
19 7. Section 812.13, relating to robbery;
20 8. Section 812.131, relating to robbery by sudden
21 snatching;
22 9. Section 812.133, relating to carjacking; or
23 10. Section 812.135, relating to home-invasion
24 robbery,
25
26 and, before or at the time of such adjudication, withholding
27 of adjudication, or plea, the offender was attending a school
28 attended by the victim or a sibling of the victim of the
29 offense, the Department of Juvenile Justice shall notify the
30 appropriate district school board of the adjudication or plea,
31 the requirements of this paragraph, and whether the offender
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 is prohibited from attending that school or riding on a school
2 bus whenever the victim or a sibling of the victim is
3 attending the same school or riding on the same school bus,
4 except as provided pursuant to a written disposition order
5 under s. 985.23(1)(d). Upon receipt of such notice, the
6 district school board shall take appropriate action to
7 effectuate the provisions of paragraph (b).
8 (b) Any offender described in paragraph (a), who is
9 not exempted as provided in paragraph (a), shall not attend
10 any school attended by the victim or a sibling of the victim
11 of the offense or ride on a school bus on which the victim or
12 a sibling of the victim is riding. The offender shall be
13 permitted by the district school board to attend another
14 school within the district in which the offender resides,
15 provided the other school is not attended by the victim or
16 sibling of the victim of the offense; or the offender may be
17 permitted by another district school board to attend a school
18 in that district if the offender is unable to attend any
19 school in the district in which the offender resides.
20 (c) If the offender is unable to attend any other
21 school in the district in which the offender resides and is
22 prohibited from attending school in another school district,
23 the district school board in the school district in which the
24 offender resides shall take every reasonable precaution to
25 keep the offender separated from the victim while on school
26 grounds or on school transportation. The steps to be taken by
27 a district school board to keep the offender separated from
28 the victim shall include, but are not limited to, in-school
29 suspension of the offender and the scheduling of classes,
30 lunch, or other school activities of the victim and the
31 offender so as not to coincide.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) The offender, or the parents of the offender if
2 the offender is a juvenile, shall be responsible for arranging
3 and paying for transportation associated with or required by
4 the offender's attending another school or that would be
5 required as a consequence of the prohibition against riding on
6 a school bus on which the victim or a sibling of the victim is
7 riding. However, the offender or the parents of the offender
8 shall not be charged for existing modes of transportation that
9 can be used by the offender at no additional cost to the
10 district school board.
11 Section 286. Section 1006.14, Florida Statutes, is
12 created to read:
13 1006.14 Secret societies prohibited in public K-12
14 schools.--
15 (1) It is unlawful for any person, group, or
16 organization to organize or establish a fraternity, sorority,
17 or other secret society whose membership is comprised in whole
18 or in part of students enrolled in any public K-12 school or
19 to go upon any public K-12 school premises for the purpose of
20 soliciting any students to join such an organization.
21 (2) A secret society shall be interpreted to be a
22 fraternity, sorority, or other organization whose active
23 membership is comprised wholly or partly of students enrolled
24 in public K-12 schools and which perpetuates itself wholly or
25 partly by taking in additional members from the students
26 enrolled in public K-12 schools on the basis of the decision
27 of its membership rather than on the right of any student who
28 is qualified by the rules of the school to be a member of and
29 take part in any class or group exercise designated and
30 classified according to gender, subjects included in the
31 course of study, or program of school activities fostered and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 promoted by the district school board and district school
2 superintendent or by school principals.
3 (3) This section shall not be construed to prevent the
4 establishment of an organization fostered and promoted by
5 school authorities, or approved and accepted by school
6 authorities, and whose membership is selected on the basis of
7 good character, good scholarship, leadership ability, and
8 achievement. Full information regarding the charter,
9 principles, purposes, and conduct of any such accepted
10 organization shall be made available to all students and
11 instructional personnel of the school.
12 (4) This section shall not be construed to relate to
13 any junior organization or society sponsored by the Police
14 Athletic League, Knights of Pythias, Oddfellows, Moose,
15 Woodmen of the World, Knights of Columbus, Elks, Masons, B'nai
16 B'rith, Young Men's and Young Women's Hebrew Associations,
17 Young Men's and Young Women's Christian Associations, Kiwanis,
18 Rotary, Optimist, Civitan, Exchange Clubs, Florida Federation
19 of Garden Clubs, and Florida Federation of Women's Clubs.
20 (5) It is unlawful for any student enrolled in any
21 public K-12 school to be a member of, to join or to become a
22 member of or to pledge himself or herself to become a member
23 of any secret fraternity, sorority, or group wholly or partly
24 formed from the membership of students attending public K-12
25 schools or to take part in the organization or formation of
26 any such fraternity, sorority, or secret society; provided
27 that this does not prevent any student from belonging to any
28 organization fostered and promoted by the school authorities;
29 or approved and accepted by the school authorities and whose
30 membership is selected on the basis of good character, good
31 scholarship, leadership ability, and achievement.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (6) The district school board may enforce the
2 provisions of this section and prescribe and enforce such
3 rules as are necessary. District school boards shall enforce
4 the provisions of this section by suspending or, if necessary,
5 expelling any student in any public K-12 school who violates
6 this section.
7 Section 287. Section 1006.141, Florida Statutes, is
8 created to read:
9 1006.141 Statewide school safety hotline.--
10 (1) The department may contract with the Florida
11 Sheriffs Association to establish and operate a statewide
12 toll-free school safety hotline for the purpose of reporting
13 incidents that affect the safety and well-being of the
14 school's population.
15 (2) The toll-free school safety hotline is to be a
16 conduit for any person to anonymously report activity that
17 affects the safety and well-being of the school's population.
18 (3) There may not be an award or monetary benefit for
19 reporting an incident through the toll-free school safety
20 hotline.
21 (4) The toll-free school safety hotline shall be
22 operated in a manner that ensures that a designated school
23 official is notified of a complaint received through the
24 hotline if the complaint concerns that school. A complaint
25 that concerns an actionable offense must be reported to the
26 designated official within a reasonable time after the
27 complaint is made. An actionable offense is an incident that
28 could directly affect the safety or well-being of a person or
29 property within a school.
30 (5) If a toll-free school safety hotline is
31 established by contract with the Florida Sheriffs Association,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the Florida Sheriffs Association shall produce a quarterly
2 report that evaluates the incidents that have been reported to
3 the hotline. This information may be used to evaluate future
4 school safety educational needs and the need for prevention
5 programs as the district school board considers necessary.
6 Section 288. Section 1006.145, Florida Statutes, is
7 created to read:
8 1006.145 Disturbing school functions; penalty.--Any
9 person not subject to the rules of a school who creates a
10 disturbance on the property or grounds of any school, who
11 commits any act that interrupts the orderly conduct of a
12 school or any activity thereof commits a misdemeanor of the
13 second degree, punishable as provided in s. 775.082 or s.
14 775.083.
15 Section 289. Part I.d. of chapter 1006, Florida
16 Statutes, shall be entitled "Student Extracurricular
17 Activities and Athletics" and shall consist of ss.
18 1006.15-1006.20.
19 Section 290. Section 1006.15, Florida Statutes, is
20 created to read:
21 1006.15 Student standards for participation in
22 interscholastic extracurricular student activities;
23 regulation.--
24 (1) This section may be cited as the "Craig Dickinson
25 Act."
26 (2) Interscholastic extracurricular student activities
27 are an important complement to the academic curriculum.
28 Participation in a comprehensive extracurricular and academic
29 program contributes to student development of the social and
30 intellectual skills necessary to become a well-rounded adult.
31 As used in this section, the term "extracurricular" means any
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school-authorized or education-related activity occurring
2 during or outside the regular instructional school day.
3 (3)(a) To be eligible to participate in
4 interscholastic extracurricular student activities, a student
5 must:
6 1. Maintain a grade point average of 2.0 or above on a
7 4.0 scale, or its equivalent, in the previous semester or a
8 cumulative grade point average of 2.0 or above on a 4.0 scale,
9 or its equivalent, in the courses required by s. 1003.43(1).
10 2. Execute and fulfill the requirements of an academic
11 performance contract between the student, the district school
12 board, the appropriate governing association, and the
13 student's parents, if the student's cumulative grade point
14 average falls below 2.0, or its equivalent, on a 4.0 scale in
15 the courses required by s. 1003.43(1) or, for students who
16 entered the 9th grade prior to the 1997-1998 school year, if
17 the student's cumulative grade point average falls below 2.0
18 on a 4.0 scale, or its equivalent, in the courses required by
19 s. 1003.43(1) that are taken after July 1, 1997. At a minimum,
20 the contract must require that the student attend summer
21 school, or its graded equivalent, between grades 9 and 10 or
22 grades 10 and 11, as necessary.
23 3. Have a cumulative grade point average of 2.0 or
24 above on a 4.0 scale, or its equivalent, in the courses
25 required by s. 1003.43(1) during his or her junior or senior
26 year.
27 4. Maintain satisfactory conduct and, if a student is
28 convicted of, or is found to have committed, a felony or a
29 delinquent act which would have been a felony if committed by
30 an adult, regardless of whether adjudication is withheld, the
31 student's participation in interscholastic extracurricular
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 activities is contingent upon established and published
2 district school board policy.
3 (b) Any student who is exempt from attending a full
4 school day based on rules adopted by the district school board
5 for double session schools or programs, experimental schools,
6 or schools operating under emergency conditions must maintain
7 the grade point average required by this section and pass each
8 class for which he or she is enrolled.
9 (c) An individual home education student is eligible
10 to participate at the public school to which the student would
11 be assigned according to district school board attendance area
12 policies or which the student could choose to attend pursuant
13 to district or interdistrict controlled open enrollment
14 provisions, or may develop an agreement to participate at a
15 private school, in the interscholastic extracurricular
16 activities of that school, provided the following conditions
17 are met:
18 1. The home education student must meet the
19 requirements of the home education program pursuant to s.
20 1002.41.
21 2. During the period of participation at a school, the
22 home education student must demonstrate educational progress
23 as required in paragraph (3)(b) in all subjects taken in the
24 home education program by a method of evaluation agreed upon
25 by the parent and the school principal which may include:
26 review of the student's work by a certified teacher chosen by
27 the parent; grades earned through correspondence; grades
28 earned in courses taken at a community college, university, or
29 trade school; standardized test scores above the 35th
30 percentile; or any other method designated in s. 1002.41.
31 3. The home education student must meet the same
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 residency requirements as other students in the school at
2 which he or she participates.
3 4. The home education student must meet the same
4 standards of acceptance, behavior, and performance as required
5 of other students in extracurricular activities.
6 5. The student must register with the school his or
7 her intent to participate in interscholastic extracurricular
8 activities as a representative of the school before the
9 beginning date of the season for the activity in which he or
10 she wishes to participate. A home education student must be
11 able to participate in curricular activities if that is a
12 requirement for an extracurricular activity.
13 6. A student who transfers from a home education
14 program to a public school before or during the first grading
15 period of the school year is academically eligible to
16 participate in interscholastic extracurricular activities
17 during the first grading period provided the student has a
18 successful evaluation from the previous school year, pursuant
19 to subparagraph (3)(c)2.
20 7. Any public school or private school student who has
21 been unable to maintain academic eligibility for participation
22 in interscholastic extracurricular activities is ineligible to
23 participate in such activities as a home education student
24 until the student has successfully completed one grading
25 period in home education pursuant to subparagraph (3)(c)2. to
26 become eligible to participate as a home education student.
27 (d) An individual charter school student pursuant to
28 s. 1002.33 is eligible to participate at the public school to
29 which the student would be assigned according to district
30 school board attendance area policies or which the student
31 could choose to attend, pursuant to district or interdistrict
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 controlled open-enrollment provisions, in any interscholastic
2 extracurricular activity of that school, unless such activity
3 is provided by the student's charter school, if the following
4 conditions are met:
5 1. The charter school student must meet the
6 requirements of the charter school education program as
7 determined by the charter school governing board.
8 2. During the period of participation at a school, the
9 charter school student must demonstrate educational progress
10 as required in paragraph (b).
11 3. The charter school student must meet the same
12 residency requirements as other students in the school at
13 which he or she participates.
14 4. The charter school student must meet the same
15 standards of acceptance, behavior, and performance that are
16 required of other students in extracurricular activities.
17 5. The charter school student must register with the
18 school his or her intent to participate in interscholastic
19 extracurricular activities as a representative of the school
20 before the beginning date of the season for the activity in
21 which he or she wishes to participate. A charter school
22 student must be able to participate in curricular activities
23 if that is a requirement for an extracurricular activity.
24 6. A student who transfers from a charter school
25 program to a traditional public school before or during the
26 first grading period of the school year is academically
27 eligible to participate in interscholastic extracurricular
28 activities during the first grading period if the student has
29 a successful evaluation from the previous school year,
30 pursuant to subparagraph 2.
31 7. Any public school or private school student who has
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 been unable to maintain academic eligibility for participation
2 in interscholastic extracurricular activities is ineligible to
3 participate in such activities as a charter school student
4 until the student has successfully completed one grading
5 period in a charter school pursuant to subparagraph 2. to
6 become eligible to participate as a charter school student.
7 (4) The student standards for participation in
8 interscholastic extracurricular activities must be applied
9 beginning with the student's first semester of the 9th grade.
10 Each student must meet such other requirements for
11 participation as may be established by the district school
12 board; however, a district school board may not establish
13 requirements for participation in interscholastic
14 extracurricular activities which make participation in such
15 activities less accessible to home education students than to
16 other students. Except as set forth in paragraph (3)(c),
17 evaluation processes or requirements that are placed on home
18 education student participants may not go beyond those that
19 apply under s. 1002.41 to home education students generally.
20 (5) Any organization or entity that regulates or
21 governs interscholastic extracurricular activities of public
22 schools:
23 (a) Shall permit home education associations to join
24 as member schools.
25 (b) Shall not discriminate against any eligible
26 student based on an educational choice of public, private, or
27 home education.
28 (6) Public schools are prohibited from membership in
29 any organization or entity which regulates or governs
30 interscholastic extracurricular activities and discriminates
31 against eligible students in public, private, or home
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education.
2 (7) Any insurance provided by district school boards
3 for participants in extracurricular activities shall cover the
4 participating home education student. If there is an
5 additional premium for such coverage, the participating home
6 education student shall pay the premium.
7 Section 291. Section 1006.16, Florida Statutes, is
8 created to read:
9 1006.16 Insuring school students engaged in athletic
10 activities against injury.--Any district school board, school
11 athletic association, or school may formulate, conduct, and
12 purchase a plan or method of insuring, or may self-insure,
13 school students against injury sustained by reason of such
14 students engaging and participating in the athletic activities
15 conducted or sponsored by the district school board,
16 association, or school in which such students are enrolled. A
17 district school board, school athletic association, or school
18 may add a surcharge to the fee charged for admission to
19 athletic events as a means of producing revenue to purchase
20 such insurance or to provide self-insurance. Any district
21 school board may pay for all or part of such plan or method of
22 insurance or self-insurance from available district school
23 board funds.
24 Section 292. Section 1006.17, Florida Statutes, is
25 created to read:
26 1006.17 Sponsorship of athletic activities similar to
27 those for which scholarships offered; rulemaking.--
28 (1) If a district school board sponsors an athletic
29 activity or sport that is similar to a sport for which a state
30 university or public community college offers an athletic
31 scholarship, it must sponsor the athletic activity or sport
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for which a scholarship is offered. This section does not
2 affect academic requirements for participation or prevent the
3 school districts or community colleges from sponsoring
4 activities in addition to those for which scholarships are
5 provided.
6 (2) If a Florida public community college sponsors an
7 athletic activity or sport that is similar to a sport for
8 which a state university offers an athletic scholarship, it
9 must sponsor the athletic activity or sport for which a
10 scholarship is offered.
11 (3) Two athletic activities or sports that are similar
12 may be offered simultaneously.
13 (4) If the level of participation is insufficient to
14 warrant continuation of an athletic activity or sport, the
15 school may offer an alternative athletic activity or sport.
16 (5) The State Board of Education shall adopt rules to
17 administer this section, including rules that determine which
18 athletic activities are similar to sports for which state
19 universities and community colleges offer scholarships.
20 Section 293. Section 1006.18, Florida Statutes, is
21 created to read:
22 1006.18 Cheerleader safety standards.--The Florida
23 High School Activities Association or successor organization
24 shall adopt statewide uniform safety standards for student
25 cheerleaders and spirit groups that participate in any school
26 activity or extracurricular student activity. The Florida High
27 School Activities Association or successor organization shall
28 adopt the "Official High School Spirit Rules," published by
29 the National Federation of State High School Associations, as
30 the statewide uniform safety standards.
31 Section 294. Section 1006.19, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1006.19 Audit of records of nonprofit corporations and
3 associations handling interscholastic activities.--
4 (1) Each nonprofit association or corporation that
5 operates for the purpose of supervising and controlling
6 interscholastic activities of public high schools and whose
7 membership is composed of duly certified representatives of
8 public high schools, and whose rules and regulations are
9 established by members thereof, shall have an annual financial
10 audit of its accounts and records by an independent certified
11 public accountant retained by it and paid from its funds. The
12 accountant shall furnish a copy of the audit report to the
13 Auditor General.
14 (2) Any such nonprofit association or corporation
15 shall keep adequate and complete records of all moneys
16 received by it, including the source and amount, and all
17 moneys spent by it, including salaries, fees, expenses, travel
18 allowances, and all other items of expense. All records of
19 any such organization shall be open for inspection by the
20 Auditor General.
21 Section 295. Section 1006.20, Florida Statutes, is
22 created to read:
23 1006.20 Athletics in public K-12 schools.--
24 (1) GOVERNING NONPROFIT ORGANIZATION.--The Florida
25 High School Activities Association is designated as the
26 governing nonprofit organization of athletics in Florida
27 public schools. If the Florida High School Activities
28 Association fails to meet the provisions of this section, the
29 commissioner shall designate a nonprofit organization to
30 govern athletics with the approval of the State Board of
31 Education. The organization is not to be a state agency as
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 defined in s. 120.52. The organization shall be subject to the
2 provisions of s. 1006.19. A private school that wishes to
3 engage in high school athletic competition with a public high
4 school may become a member of the organization. The bylaws of
5 the organization are to be the rules by which high school
6 athletic programs in its member schools, and the students who
7 participate in them, are governed, unless otherwise
8 specifically provided by statute. For the purposes of this
9 section, "high school" includes grades 6 through 12.
10 (2) ADOPTION OF BYLAWS.--
11 (a) The organization shall adopt bylaws that, unless
12 specifically provided by statute, establish eligibility
13 requirements for all students who participate in high school
14 athletic competition in its member schools. The bylaws
15 governing residence and transfer shall allow the student to be
16 eligible in the school in which he or she first enrolls each
17 school year, or makes himself or herself a candidate for an
18 athletic team by engaging in a practice prior to enrolling in
19 any member school. The student shall be eligible in that
20 school so long as he or she remains enrolled in that school.
21 Subsequent eligibility shall be determined and enforced
22 through the organization's bylaws.
23 (b) The organization shall adopt bylaws that
24 specifically prohibit the recruiting of students for athletic
25 purposes. The bylaws shall prescribe penalties and an appeals
26 process for athletic recruiting violations.
27 (c) The organization shall adopt bylaws that require
28 all students participating in interscholastic athletic
29 competition or who are candidates for an interscholastic
30 athletic team to satisfactorily pass a medical evaluation each
31 year prior to participating in interscholastic athletic
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 competition or engaging in any practice, tryout, workout, or
2 other physical activity associated with the student's
3 candidacy for an interscholastic athletic team. Such medical
4 evaluation can only be administered by a practitioner licensed
5 under the provisions of chapter 458, chapter 459, chapter 460,
6 or s. 464.012, and in good standing with the practitioner's
7 regulatory board. The bylaws shall establish requirements for
8 eliciting a student's medical history and performing the
9 medical evaluation required under this paragraph, which shall
10 include minimum standards for the physical capabilities
11 necessary for participation in interscholastic athletic
12 competition as contained in a uniform preparticipation
13 physical evaluation form. The evaluation form shall provide a
14 place for the signature of the practitioner performing the
15 evaluation with an attestation that each examination procedure
16 listed on the form was performed by the practitioner or by
17 someone under the direct supervision of the practitioner. The
18 form shall also contain a place for the practitioner to
19 indicate if a referral to another practitioner was made in
20 lieu of completion of a certain examination procedure. The
21 form shall provide a place for the practitioner to whom the
22 student was referred to complete the remaining sections and
23 attest to that portion of the examination. Practitioners
24 administering medical evaluations pursuant to this subsection
25 must know the minimum standards established by the
26 organization and certify that the student meets the standards.
27 If the practitioner determines that there are any abnormal
28 findings in the cardiovascular system, the student may not
29 participate unless a subsequent EKG or other cardiovascular
30 assessment indicates that the abnormality will not place the
31 student at risk during such participation. Results of such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 medical evaluation must be provided to the school. No student
2 shall be eligible to participate in any interscholastic
3 athletic competition or engage in any practice, tryout,
4 workout, or other physical activity associated with the
5 student's candidacy for an interscholastic athletic team until
6 the results of the medical evaluation verifying that the
7 student has satisfactorily passed the evaluation have been
8 received and approved by the school.
9 (d) Notwithstanding the provisions of paragraph (c), a
10 student may participate in interscholastic athletic
11 competition or be a candidate for an interscholastic athletic
12 team if the parent of the student objects in writing to the
13 student undergoing a medical evaluation because such
14 evaluation is contrary to his or her religious tenets or
15 practices. However, no person or entity shall be held liable
16 for any injury or other damages suffered by such student as a
17 result of his or her participation in athletics unless the
18 injury or damages are caused by unlawful activity, gross
19 negligence, or willful and wanton misconduct.
20 (3) GOVERNING STRUCTURE OF THE ORGANIZATION.--
21 (a) The organization shall operate as a representative
22 democracy in which the sovereign authority is within its
23 member schools. Except as provided in this section, the
24 organization shall govern its affairs through its bylaws.
25 (b) Each member school, on its annual application for
26 membership, shall name its official representative to the
27 organization. This representative must be either the school
28 principal or his or her designee. That designee must either be
29 an assistant principal or athletic director housed within that
30 same school.
31 (c) The organization's membership shall be divided
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 along existing county lines into four contiguous and compact
2 administrative regions, each containing an equal or nearly
3 equal number of member schools to ensure equitable
4 representation on the organization's board of directors,
5 representative assembly, and committee on appeals.
6 (4) BOARD OF DIRECTORS.--
7 (a) The executive authority of the organization shall
8 be vested in its board of directors. The board of directors
9 shall be composed of 15 persons, as follows:
10 1. Four public member school representatives, one
11 elected from among its public school representative members
12 within each of the four administrative regions.
13 2. Four nonpublic member school representatives, one
14 elected from among its nonpublic school representative members
15 within each of the four administrative regions.
16 3. Two representatives appointed by the commissioner,
17 one appointed from the two northernmost administrative regions
18 and one appointed from the two southernmost administrative
19 regions.
20 4. Two district school superintendents, one elected
21 from the two northernmost administrative regions by the
22 members in those regions and one elected from the two
23 southernmost administrative regions by the members in those
24 regions.
25 5. Two district school board members, one elected from
26 the two northernmost administrative regions by the members in
27 those regions and one elected from the two southernmost
28 administrative regions by the members in those regions.
29 6. The commissioner or his or her designee from the
30 department executive staff.
31 (b) A quorum of the board of directors shall consist
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of nine members.
2 (c) The board of directors shall elect a president and
3 a vice president from among its members. These officers shall
4 also serve as officers of the organization.
5 (d) Members of the board of directors shall serve
6 terms of 3 years and are eligible to succeed themselves only
7 once. A member of the board of directors, other than the
8 commissioner or his or her designee, may serve a maximum of 6
9 consecutive years. The organization's bylaws shall establish a
10 rotation of terms to ensure that a majority of the members'
11 terms do not expire concurrently.
12 (e) The authority and duties of the board of
13 directors, acting as a body and in accordance with the
14 organization's bylaws, are as follows:
15 1. To act as the incorporated organization's board of
16 directors and to fulfill its obligations as required by the
17 organization's charter and articles of incorporation.
18 2. To establish such guidelines, regulations,
19 policies, and procedures as are authorized by the bylaws.
20 3. To provide an organization commissioner, who shall
21 have the authority to waive the bylaws of the organization in
22 order to comply with statutory changes.
23 4. To levy annual dues and other fees and to set the
24 percentage of contest receipts to be collected by the
25 organization.
26 5. To approve the budget of the organization.
27 6. To organize and conduct statewide interscholastic
28 competitions, which may or may not lead to state
29 championships, and to establish the terms and conditions for
30 these competitions.
31 7. To act as an administrative board in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 interpretation of, and final decision on, all questions and
2 appeals arising from the directing of interscholastic
3 athletics of member schools.
4 (5) REPRESENTATIVE ASSEMBLY.--
5 (a) The legislative authority of the organization is
6 vested in its representative assembly.
7 (b) The representative assembly shall be composed of
8 the following:
9 1. An equal number of member school representatives
10 from each of the four administrative regions.
11 2. Four district school superintendents, one elected
12 from each of the four administrative regions by the district
13 school superintendents in their respective administrative
14 regions.
15 3. Four district school board members, one elected
16 from each of the four administrative regions by the district
17 school board members in their respective administrative
18 regions.
19 4. The commissioner or his or her designee from the
20 department executive staff.
21 (c) The organization's bylaws shall establish the
22 number of member school representatives to serve in the
23 representative assembly from each of the four administrative
24 regions and shall establish the method for their selection.
25 (d) No member of the board of directors other than the
26 commissioner or his or her designee can serve in the
27 representative assembly.
28 (e) The representative assembly shall elect a
29 chairperson and a vice chairperson from among its members.
30 (f) Elected members of the representative assembly
31 shall serve terms of 2 years and are eligible to succeed
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 themselves for two additional terms. An elected member, other
2 than the commissioner or his or her designee, may serve a
3 maximum of 6 consecutive years in the representative assembly.
4 (g) A quorum of the representative assembly consists
5 of one more than half of its members.
6 (h) The authority of the representative assembly is
7 limited to its sole duty, which is to consider, adopt, or
8 reject any proposed amendments to the organization's bylaws.
9 (i) The representative assembly shall meet as a body
10 annually. A two-thirds majority of the votes cast by members
11 present is required for passage of any proposal.
12 (6) PUBLIC LIAISON ADVISORY COMMITTEE.--
13 (a) The organization shall establish, sustain, fund,
14 and provide staff support to a public liaison advisory
15 committee composed of the following:
16 1. The commissioner or his or her designee.
17 2. A member public school principal.
18 3. A member private school principal.
19 4. A member school principal who is a member of a
20 racial minority.
21 5. An active athletic director.
22 6. An active coach, who is employed full time by a
23 member school.
24 7. A student athlete.
25 8. A district school superintendent.
26 9. A district school board member.
27 10. A member of the Florida House of Representatives.
28 11. A member of the Florida Senate.
29 12. A parent of a high school student.
30 13. A member of a home education association.
31 14. A representative of the business community.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 15. A representative of the news media.
2 (b) No member of the board of directors, committee on
3 appeals, or representative assembly is eligible to serve on
4 the public liaison advisory committee.
5 (c) The public liaison advisory committee shall elect
6 a chairperson and vice chairperson from among its members.
7 (d) The authority and duties of the public liaison
8 advisory committee are as follows:
9 1. To act as a conduit through which the general
10 public may have input into the decisionmaking process of the
11 organization and to assist the organization in the development
12 of procedures regarding the receipt of public input and
13 disposition of complaints related to high school athletic and
14 competition programs.
15 2. To conduct public hearings annually in each of the
16 four administrative regions during which interested parties
17 may address issues regarding the effectiveness of the rules,
18 operation, and management of the organization.
19 3. To conduct an annual evaluation of the organization
20 as a whole and present a report of its findings, conclusion,
21 and recommendations to the board of directors, to the
22 commissioner, and to the respective education committees of
23 the Florida Senate and the Florida House of Representatives.
24 The recommendations must delineate policies and procedures
25 that will improve the implementation and oversight of high
26 school athletic programs by the organization.
27 (e) The public liaison advisory committee shall meet
28 four times annually. Additional meetings may be called by the
29 committee chairperson, the organization president, or the
30 organization commissioner.
31 (7) APPEALS.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) The organization shall establish a procedure of
2 due process which ensures each student the opportunity to
3 appeal an unfavorable ruling with regard to his or her
4 eligibility to compete. The initial appeal shall be made to a
5 committee on appeals within the administrative region in which
6 the student lives. The organization's bylaws shall establish
7 the number, size, and composition of the committee on appeals.
8 (b) No member of the board of directors is eligible to
9 serve on the committee on appeals.
10 (c) Members of the committee on appeals shall serve
11 terms of 3 years and are eligible to succeed themselves only
12 once. A member of the committee on appeals may serve a maximum
13 of 6 consecutive years. The organization's bylaws shall
14 establish a rotation of terms to ensure that a majority of the
15 members' terms do not expire concurrently.
16 (d) The authority and duties of the committee on
17 appeals shall be to consider requests by member schools
18 seeking exceptions to bylaws and regulations, to hear undue
19 hardship eligibility cases filed by member schools on behalf
20 of student athletes, and to hear appeals filed by member
21 schools.
22 (e) A student athlete or member school that receives
23 an unfavorable ruling from a committee on appeals shall be
24 entitled to appeal that decision to the board of directors at
25 its next regularly scheduled meeting or called meeting. The
26 board of directors shall have the authority to uphold,
27 reverse, or amend the decision of the committee on appeals. In
28 all such cases, the decision of the board of directors shall
29 be final.
30 (8) AMENDMENT OF BYLAWS.--Each member school
31 representative, the board of directors acting as a whole or as
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 members acting individually, any advisory committee acting as
2 a whole to be established by the organization, and the
3 organization's commissioner are empowered to propose
4 amendments to the bylaws. Any other individual may propose an
5 amendment by securing the sponsorship of any of the
6 aforementioned individuals or bodies. All proposed amendments
7 must be submitted directly to the representative assembly for
8 its consideration. The representative assembly, while
9 empowered to adopt, reject, or revise proposed amendments, may
10 not, in and of itself, as a body be allowed to propose any
11 amendment for its own consideration.
12 (9) RULES ADOPTION.--The bylaws of the organization
13 shall require member schools to adopt rules for sports, which
14 have been established by a nationally recognized sanctioning
15 body, unless waived by at least a two-thirds vote of the board
16 of directors.
17 (10) EXAMINATION; CRITERIA; REPORT.--The board of
18 directors of the Florida High School Activities Association
19 shall undertake an examination of the following:
20 (a) Alternative criteria for establishing
21 administrative regions to include, but not be limited to,
22 population.
23 (b) Procedures to ensure appropriate diversity in the
24 membership of the board of directors.
25 (c) Opportunities to secure corporate financial
26 support for high school athletic programs.
27
28 The board of directors shall submit to the commissioner, the
29 President of the Senate, and the Speaker of the House of
30 Representatives not later than March 1, 2003, a report on the
31 actions taken in the examination of each of the three topics
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 listed in this subsection, the findings, and the actions to be
2 taken to implement the findings and the target date for
3 implementation.
4 Section 296. Part I.e. of chapter 1006, Florida
5 Statutes, shall be entitled "Transportation of Public K-12
6 Students" and shall consist of ss. 1006.21-1006.27.
7 Section 297. Section 1006.21, Florida Statutes, is
8 created to read:
9 1006.21 Duties of district school superintendent and
10 district school board regarding transportation.--
11 (1) The district school superintendent shall ascertain
12 which students should be transported to school or to school
13 activities, determine the most effective arrangement of
14 transportation routes to accommodate these students; recommend
15 such routing to the district school board; recommend plans and
16 procedures for providing facilities for the economical and
17 safe transportation of students; recommend such rules and
18 regulations as may be necessary and see that all rules and
19 regulations relating to the transportation of students
20 approved by the district school board, as well as regulations
21 of the state board, are properly carried into effect, as
22 prescribed in this chapter.
23 (2) After considering recommendations of the district
24 school superintendent, the district school board shall make
25 provision for the transportation of students to the public
26 schools or school activities they are required or expected to
27 attend; authorize transportation routes arranged efficiently
28 and economically; provide the necessary transportation
29 facilities, and, when authorized under rules of the State
30 Board of Education and if more economical to do so, provide
31 limited subsistence in lieu thereof; and adopt the necessary
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rules and regulations to ensure safety, economy, and
2 efficiency in the operation of all buses, as prescribed in
3 this chapter.
4 (3) District school boards, after considering
5 recommendations of the district school superintendent:
6 (a) Shall provide transportation for each student in
7 prekindergarten disability programs and in kindergarten
8 through grade 12 membership in a public school when, and only
9 when, transportation is necessary to provide adequate
10 educational facilities and opportunities which otherwise would
11 not be available and to transport students whose homes are
12 more than a reasonable walking distance, as defined by rules
13 of the State Board of Education, from the nearest appropriate
14 school.
15 (b) Shall provide transportation for public elementary
16 school students in membership whose grade level does not
17 exceed grade 6, and may provide transportation for public
18 school students in membership in grades 7 through 12, if such
19 students are subjected to hazardous walking conditions as
20 provided in s. 1006.23 while en route to or from school.
21 (c) May provide transportation for public school
22 migrant, exceptional, nursery, and other public school
23 students in membership below kindergarten; kindergarten
24 through grade 12 students in membership in a public school;
25 and adult students in membership in adult career and
26 technical, basic, and high school graduation programs in a
27 public school when, and only when, transportation is necessary
28 to provide adequate educational facilities and opportunities
29 which otherwise would not be available.
30 (d) May provide transportation for the transportation
31 disadvantaged as defined in s. 427.011 and for other
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school-age children as provided for in s. 1006.261.
2 (e) Shall provide necessary transportation to pregnant
3 students or student parents, and the children of those
4 students, when the district school board operates a teenage
5 parent program pursuant to s. 1003.54.
6 (f) May provide transportation for other persons to
7 events or activities in which the district school board or
8 school has agreed to participate or cosponsor. The district
9 school board shall adopt a policy to address liability for
10 trips pursuant to this paragraph.
11 (g) May provide transportation for welfare transition
12 program participants as defined in s. 414.0252.
13 (4) In each case in which transportation of students
14 is impracticable in the opinion of the district school board,
15 the district school board may take steps for making available
16 educational facilities as are authorized by law or rule of the
17 State Board of Education and as, in the opinion of the
18 district school board, are practical.
19 Section 298. Section 1006.22, Florida Statutes, is
20 created to read:
21 1006.22 Safety and health of students being
22 transported.--Maximum regard for safety and adequate
23 protection of health are primary requirements that must be
24 observed by district school boards in routing buses,
25 appointing drivers, and providing and operating equipment, in
26 accordance with all requirements of law and rules of the State
27 Board of Education in providing transportation pursuant to s.
28 1006.21:
29 (1) District school boards shall use school buses, as
30 defined in s. 1006.25, for all regular transportation. Regular
31 transportation or regular use means transportation of students
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to and from school or school-related activities that are part
2 of a scheduled series or sequence of events to the same
3 location. "Students" means, for the purposes of this section,
4 students enrolled in the public schools in prekindergarten
5 disability programs and in kindergarten through grade 12.
6 District school boards may regularly use motor vehicles other
7 than school buses only under the following conditions:
8 (a) When the transportation is for physically
9 handicapped or isolated students and the district school board
10 has elected to provide for the transportation of the student
11 through written or oral contracts or agreements.
12 (b) When the transportation is a part of a
13 comprehensive contract for a specialized educational program
14 between a district school board and a service provider who
15 provides instruction, transportation, and other services.
16 (c) When the transportation is provided through a
17 public transit system.
18 (d) When the transportation of students is necessary
19 or practical in a motor vehicle owned or operated by a
20 district school board other than a school bus, such
21 transportation must be provided in designated seating
22 positions in a passenger car not to exceed 8 students or in a
23 multipurpose passenger vehicle designed to transport 10 or
24 fewer persons which meets all applicable federal motor vehicle
25 safety standards. Multipurpose passenger vehicles classified
26 as utility vehicles with a wheelbase of 110 inches or less
27 which are required by federal motor vehicle standards to
28 display a rollover warning label may not be used.
29
30 When students are transported in motor vehicles, the occupant
31 crash protection system provided by the vehicle manufacturer
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 must be used unless the student's physical condition prohibits
2 such use.
3 (2) Except as provided in subsection (1), district
4 school boards may authorize the transportation of students in
5 privately owned motor vehicles on a case-by-case basis only in
6 the following circumstances:
7 (a) When a student is ill or injured and must be taken
8 home or to a medical treatment facility under nonemergency
9 circumstances; and
10 1. The school has been unable to contact the student's
11 parent or the parent or responsible adult designated by the
12 parent is not available to provide the transportation;
13 2. Proper adult supervision of the student is
14 available at the location to which the student is being
15 transported;
16 3. The transportation is approved by the school
17 principal, or a school administrator designated by the
18 principal to grant or deny such approval, or in the absence of
19 the principal and designee, by the highest ranking school
20 administrator or teacher available under the circumstances;
21 and
22 4. If the school has been unable to contact the parent
23 prior to the transportation, the school shall continue to seek
24 to contact the parent until the school is able to notify the
25 parent of the transportation and the pertinent circumstances.
26 (b) When the transportation is in connection with a
27 school function or event regarding which the district school
28 board or school has undertaken to participate or to sponsor or
29 provide the participation of students; and
30 1. The function or event is a single event that is not
31 part of a scheduled series or sequence of events to the same
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 location, such as, but not limited to, a field trip, a
2 recreational outing, an interscholastic competition or
3 cooperative event, an event connected with an extracurricular
4 activity offered by the school, or an event connected to an
5 educational program, such as, but not limited to, a job
6 interview as part of a cooperative education program;
7 2. Transportation is not available, as a practical
8 matter, using a school bus or school district passenger car;
9 and
10 3. Each student's parent is notified, in writing,
11 regarding the transportation arrangement and gives written
12 consent before a student is transported in a privately owned
13 motor vehicle.
14 (c) When a district school board requires employees
15 such as school social workers and attendance officers to use
16 their own motor vehicles to perform duties of employment, and
17 such duties include the occasional transportation of students.
18 (3) When approval is granted for the transportation of
19 students in a privately owned vehicle, the provisions of s.
20 1006.24 regarding liability for tort claims are applicable.
21 District school board employees who provide approved
22 transportation in privately owned vehicles are acting within
23 the scope of their employment. Parents or other responsible
24 adults who provide approved transportation in privately owned
25 vehicles have the same exposure to, and protections from,
26 risks of personal liability as do district school board
27 employees acting within the scope of their employment.
28 (4) Each district school board may establish policies
29 that restrict the use of privately owned motor vehicles to
30 circumstances that are more limited than are described in this
31 section or that prohibit such use. Each district school board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 may establish written policies that provide for more extensive
2 requirements for approval, parental notification and consent
3 procedures, insurance coverage, driver qualifications, or a
4 combination of these.
5 (5) When transportation is authorized in privately
6 owned vehicles, students may be transported only in designated
7 seating positions and must use the occupant crash protection
8 system provided by the vehicle manufacturer.
9 (6) District school boards may contract with a common
10 carrier to transport students to and from in-season and
11 postseason athletic contests and to and from a school function
12 or event in which the district school board or a school has
13 undertaken to participate or to provide for or sponsor the
14 participation of students.
15 (7) Transportation for adult students may be provided
16 by any appropriate means as authorized by the district school
17 board when the transportation is accepted as a responsibility
18 by the district school board as provided in s. 1006.21.
19 (8) Notwithstanding any other provision of this
20 section, in an emergency situation that constitutes an
21 imminent threat to student health or safety, school personnel
22 may take whatever action is necessary under the circumstances
23 to protect student health and safety.
24 (9) Except as provided in s. 1006.261, transportation
25 is not the responsibility of the district school board in
26 connection with any event or activity that is not an event or
27 activity offered by the district school board or an event or
28 an activity in which the district school board or school has
29 agreed to participate, cosponsor, or require the participation
30 of students, and the district school board has no liability
31 for transportation arranged and provided by parents or other
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 parties to such events or activities.
2 (10) Each district school board shall designate and
3 adopt a specific plan for adequate examination, maintenance,
4 and repair of transportation equipment. Examination of the
5 mechanical and safety condition of each school bus must be
6 made as required pursuant to rule of the State Board of
7 Education. The State Board of Education shall base the rule on
8 student safety considerations.
9 (11) The district school superintendent shall notify
10 the district school board of any school bus that does not meet
11 all requirements of law and rules of the State Board of
12 Education, and the district school board shall, if the school
13 bus is in an unsafe condition, withdraw it from use as a
14 school bus until the bus meets the requirements. The
15 department may inspect or have inspected any school bus to
16 determine whether the bus meets requirements of law and rules
17 of the State Board of Education. The department may, after due
18 notice to a district school board that any school bus does not
19 meet certain requirements of law and rules of the State Board
20 of Education, rule that the bus must be withdrawn from use as
21 a school bus, this ruling to be effective immediately or upon
22 a date specified in the ruling, whereupon the district school
23 board shall withdraw the school bus from use as a school bus
24 until it meets requirements of law and rules of the State
25 Board of Education and until the department has officially
26 revoked the pertinent ruling. Notwithstanding any other
27 provisions of this chapter, general purpose urban transit
28 systems are declared qualified to transport students to and
29 from school.
30 (12)(a) The routing and scheduling of school buses
31 must be planned to eliminate the necessity for students to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 stand while a school bus is in motion. When circumstances of
2 an emergency nature, as defined by written district school
3 board policy, temporarily require transporting students on
4 school buses in excess of the rated seating capacity, the
5 buses must proceed at a reduced rate of speed to maximize
6 safety of the students, taking into account existing traffic
7 conditions. Each district school board is responsible for
8 prompt relief of the emergency condition by providing
9 additional equipment, bus rerouting, bus rescheduling, or
10 other appropriate remedial action, and must maintain written
11 district school board policies to address such situations.
12 (b) Each district school board, after considering
13 recommendations from the district school superintendent, shall
14 designate, by map or otherwise, or shall provide by district
15 school board rule for the designation of, nontransportation
16 zones that are composed of all areas in the school district
17 from which it is unnecessary or impracticable to furnish
18 transportation. Nontransportation zones must be designated
19 annually before the opening of school and the designation of
20 bus routes for the succeeding school year. Each district
21 school board, after considering recommendations from the
22 district school superintendent, shall specifically designate,
23 or shall provide by district school board rule for the
24 designation of, specific routes to be traveled regularly by
25 school buses, and each route must meet the requirements
26 prescribed by rules of the State Board of Education.
27 (c) Each district school board shall establish school
28 bus stops, or provide by district school board rule for the
29 establishment of school bus stops, as necessary at the most
30 reasonably safe locations available. Where unusual traffic
31 hazards exist at school bus stops on roads maintained by the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 state outside of municipalities, the Department of
2 Transportation, in concurrence and cooperation with and upon
3 request of the district school board, shall place signs at
4 such bus stops warning motorists of the location of the stops.
5 (13) The State Board of Education may adopt rules to
6 implement this section as are necessary or desirable in the
7 interest of student health and safety.
8 Section 299. Section 1006.23, Florida Statutes, is
9 created to read:
10 1006.23 Hazardous walking conditions.--
11 (1) DEFINITION.--As used in this section, "student"
12 means any public elementary school student whose grade level
13 does not exceed grade 6.
14 (2) TRANSPORTATION; CORRECTION OF HAZARDS.--
15 (a) It is intended that district school boards and
16 other governmental entities work cooperatively to identify
17 conditions that are hazardous along student walking routes to
18 school and that district school boards provide transportation
19 to students who would be subjected to such conditions. It is
20 further intended that state or local governmental entities
21 having jurisdiction correct such hazardous conditions within a
22 reasonable period of time.
23 (b) Upon a determination pursuant to this section that
24 a condition is hazardous to students, the district school
25 board shall request a determination from the state or local
26 governmental entity having jurisdiction regarding whether the
27 hazard will be corrected and, if so, regarding a projected
28 completion date. State funds shall be allocated for the
29 transportation of students subjected to such hazards, provided
30 that such funding shall cease upon correction of the hazard or
31 upon the projected completion date, whichever occurs first.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) IDENTIFICATION OF HAZARDOUS CONDITIONS.--When a
2 request for review is made to the district school
3 superintendent or the district school superintendent's
4 designee concerning a condition perceived to be hazardous to
5 students in that district who live within the 2-mile limit and
6 who walk to school, such condition shall be inspected by a
7 representative of the school district and a representative of
8 the state or local governmental entity that has jurisdiction
9 over the perceived hazardous location. The district school
10 superintendent or his or her designee and the state or local
11 governmental entity or its representative shall then make a
12 final determination that is mutually agreed upon regarding
13 whether the hazardous condition meets the state criteria
14 pursuant to this section. The district school superintendent
15 or his or her designee shall report this final determination
16 to the department.
17 (4) STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING
18 CONDITIONS.--
19 (a) Walkways parallel to the road.--
20 1. It shall be considered a hazardous walking
21 condition with respect to any road along which students must
22 walk in order to walk to and from school if there is not an
23 area at least 4 feet wide adjacent to the road, having a
24 surface upon which students may walk without being required to
25 walk on the road surface. In addition, whenever the road along
26 which students must walk is uncurbed and has a posted speed
27 limit of 55 miles per hour, the area as described above for
28 students to walk upon shall be set off the road by no less
29 than 3 feet from the edge of the road.
30 2. The provisions of subparagraph 1. do not apply when
31 the road along which students must walk:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a. Is in a residential area which has little or no
2 transient traffic;
3 b. Is a road on which the volume of traffic is less
4 than 180 vehicles per hour, per direction, during the time
5 students walk to and from school; or
6 c. Is located in a residential area and has a posted
7 speed limit of 30 miles per hour or less.
8 (b) Walkways perpendicular to the road.--It shall be
9 considered a hazardous walking condition with respect to any
10 road across which students must walk in order to walk to and
11 from school:
12 1. If the traffic volume on the road exceeds the rate
13 of 360 vehicles per hour, per direction (including all lanes),
14 during the time students walk to and from school and if the
15 crossing site is uncontrolled. For purposes of this
16 subsection, an "uncontrolled crossing site" is an intersection
17 or other designated crossing site where no crossing guard,
18 traffic enforcement officer, or stop sign or other traffic
19 control signal is present during the times students walk to
20 and from school.
21 2. If the total traffic volume on the road exceeds
22 4,000 vehicles per hour through an intersection or other
23 crossing site controlled by a stop sign or other traffic
24 control signal, unless crossing guards or other traffic
25 enforcement officers are also present during the times
26 students walk to and from school.
27
28 Traffic volume shall be determined by the most current traffic
29 engineering study conducted by a state or local governmental
30 agency.
31 Section 300. Section 1006.24, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1006.24 Tort liability; liability insurance.--
3 (1) Each district school board shall be liable for
4 tort claims arising out of any incident or occurrence
5 involving a school bus or other motor vehicle owned,
6 maintained, operated, or used by the district school board to
7 transport persons, to the same extent and in the same manner
8 as the state or any of its agencies or subdivisions is liable
9 for tort claims under s. 768.28, except that the total
10 liability to persons being transported for all claims or
11 judgments of such persons arising out of the same incident or
12 occurrence shall not exceed an amount equal to $5,000
13 multiplied by the rated seating capacity of the school bus or
14 other vehicle, as determined by rules of the State Board of
15 Education, or $100,000, whichever is greater. The provisions
16 of s. 768.28 apply to all claims or actions brought against
17 district school boards, as authorized in this subsection.
18 (2) Each district school board may secure and keep in
19 force a medical payments plan or medical payments insurance on
20 school buses and other vehicles. If a medical payments plan or
21 insurance is provided, it shall be carried in a sum of no less
22 than $500 per person.
23 (3) Expenses, costs, or premiums to protect against
24 liability for torts as provided in this section may be paid
25 from any available funds of the district school board.
26 (4) If vehicles used in transportation are not owned
27 by the district school board, the district school board may
28 require owners of such vehicles to show evidence of adequate
29 insurance during the time that such vehicles are in the
30 services of the district school board.
31 Section 301. Section 1006.25, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1006.25 School buses.--School buses shall be defined
3 and meet specifications as follows:
4 (1) DEFINITION.--For the purpose of this part, a
5 "school bus" is a motor vehicle regularly used for the
6 transportation of prekindergarten disability program and
7 kindergarten through grade 12 students of the public schools
8 to and from school or to and from school activities, and
9 owned, operated, rented, contracted, or leased by any district
10 school board, except:
11 (a) Passenger cars, multipurpose passenger vehicles,
12 and trucks as defined in 49 C.F.R. part 571.
13 (b) Motor vehicles subject to, and meeting all
14 requirements of, the United States Department of
15 Transportation, Federal Motor Carrier Safety Regulations under
16 Title 49, Code of Federal Regulations and operated by carriers
17 operating under the jurisdiction of these regulations but not
18 used exclusively for the transportation of public school
19 students.
20 (2) SPECIFICATIONS.--Each school bus as defined in 49
21 C.F.R. part 571 and subsection (1) that is rented, leased,
22 purchased, or contracted for must meet the applicable federal
23 motor vehicle safety standards and other specifications as
24 prescribed by rules of the State Board of Education.
25 (3) STANDARDS FOR LEASED VEHICLES.--A motor vehicle
26 owned and operated by a county or municipal transit authority
27 that is leased by the district school board for transportation
28 of public school students must meet such standards as the
29 State Board of Education establishes by rule. A school bus
30 authorized by a district school board to carry passengers
31 other than school students must have the words "School Bus"
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and any other signs and insignia that mark or designate it as
2 a school bus covered, removed, or otherwise concealed while
3 such passengers are being transported.
4 (4) OCCUPANT PROTECTION SYSTEMS.--Students may be
5 transported only in designated seating positions, except as
6 provided in s. 1006.22(12), and must use the occupant crash
7 protection system provided by the manufacturer, which system
8 must comply with the requirements of 49 C.F.R. part 571 or
9 with specifications of the State Board of Education.
10 Section 302. Section 1006.261, Florida Statutes, is
11 created to read:
12 1006.261 Use of school buses for public purposes.--
13 (1)(a) Each district school board may enter into
14 agreements with the governing body of a county or municipality
15 in the school district or any state agency or agencies
16 established or identified to assist the transportation
17 disadvantaged, as defined in s. 427.011, including the
18 elderly, pursuant to Pub. L. No. 89-73, as amended, for the
19 use of the school buses of the school district by departments,
20 boards, commissions, or officers of such county or
21 municipality or of the state for county, municipal, or state
22 purposes, including transportation of the transportation
23 disadvantaged. Each such agreement shall provide for
24 reimbursement of the district school board, in full or in
25 part, for the proportionate share of fixed and operating costs
26 incurred by the district school board attributable to the use
27 of the buses pursuant to the agreement.
28 (b) Each district school board may enter into
29 agreements with regional workforce boards for the provision of
30 transportation services to participants in the welfare
31 transition program. Agreements must provide for reimbursement
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in full or in part for the proportionate share of fixed and
2 operating costs incurred by the district school board
3 attributable to the use of buses in accordance with the
4 agreement.
5 (c) Each district school board may enter into
6 agreements with nonprofit corporations and nonprofit civic
7 associations and groups to allow the use of school buses to
8 transport school-age children for activities sponsored by such
9 associations and groups, including, but not limited to, the
10 Girl Scouts, the Boy Scouts, 4-H Clubs, the Y.M.C.A., and
11 similar groups. The use of school buses for these activities
12 shall be pursuant to rules adopted by the district school
13 board and with compensation to the district school board at
14 least equal to the costs incurred by the board for such use.
15 (2)(a) The governing body or state agency or agencies
16 established or identified pursuant to Pub. L. No. 89-73, or
17 the nonprofit corporation or nonprofit civic organization or
18 group, or an agency established or identified to assist the
19 transportation disadvantaged as defined in s. 427.011, shall
20 indemnify and hold harmless the district school board from any
21 and all liability by virtue of the use of the buses pursuant
22 to an agreement authorized by this section.
23 (b) For purposes of liability for negligence, state
24 agencies or subdivisions as defined in s. 768.28(2) shall be
25 covered by s. 768.28. Every other corporation or organization
26 shall provide liability insurance coverage in the minimum
27 amounts of $100,000 on any claim or judgment and $200,000 on
28 all claims and judgments arising from the same incident or
29 occurrence.
30 (3) When the buses are used for nonschool purposes
31 other than the transportation of the transportation
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 disadvantaged, the flashing red lights and white strobe lights
2 shall not be used, and the "School Bus" inscriptions on the
3 front and rear of the buses shall be covered or concealed.
4 Section 303. Section 1006.27, Florida Statutes, is
5 created to read:
6 1006.27 Pooling of school buses and related purchases
7 by district school boards; transportation services
8 contracts.--
9 (1) The department shall assist district school boards
10 in securing school buses, contractual needs, equipment, and
11 supplies at as reasonable prices as possible by providing a
12 plan under which district school boards may voluntarily pool
13 their bids for such purchases. The department shall prepare
14 bid forms and specifications, obtain quotations of prices and
15 make such information available to district school boards in
16 order to facilitate this service. District school boards from
17 time to time, as prescribed by State Board of Education rule,
18 shall furnish the department with information concerning the
19 prices paid for such items and the department shall furnish to
20 district school boards periodic information concerning the
21 lowest prices at which school buses, equipment, and related
22 supplies are available based upon comparable specifications.
23 (2) If a contract between any district school board
24 and any person, business, or entity to provide the district
25 school board with school bus service for the transportation of
26 students in the district provides that the person, business,
27 or entity shall own, operate, and maintain school buses for
28 such service, the district school board may purchase the
29 number of buses needed for the district through the department
30 and sell them to the person, business, or entity as a part of
31 the contract for such service.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 304. Part I.f. of chapter 1006, Florida
2 Statutes, shall be entitled "Instructional Materials for K-12
3 Public Education" and shall consist of ss. 1006.28-1006.43.
4 Section 305. Section 1006.28, Florida Statutes, is
5 created to read:
6 1006.28 Duties of district school board, district
7 school superintendent; and school principal regarding K-12
8 instructional materials.--
9 (1) DISTRICT SCHOOL BOARD.--The district school board
10 has the duty to provide adequate instructional materials for
11 all students in accordance with the requirements of this part.
12 The term "adequate instructional materials" means a sufficient
13 number of textbooks or sets of materials serving as the basis
14 for instruction for each student in the core courses of
15 mathematics, language arts, social studies, science, reading,
16 and literature, except for instruction for which the school
17 advisory council approves the use of a program that does not
18 include a textbook as a major tool of instruction. The
19 district school board has the following specific duties:
20 (a) Courses of study; adoption.--Adopt courses of
21 study for use in the schools of the district.
22 (b) Textbooks.--Provide for proper requisitioning,
23 distribution, accounting, storage, care, and use of all
24 instructional materials furnished by the state and furnish
25 such other instructional materials as may be needed. The
26 district school board shall assure that instructional
27 materials used in the district are consistent with the
28 district goals and objectives and the curriculum frameworks
29 adopted by rule of the State Board of Education, as well as
30 with the state and district performance standards provided for
31 in s. 1001.03(1).
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) Other instructional materials.--Provide such other
2 teaching accessories and aids as are needed for the school
3 district's educational program.
4 (d) School library media services; establishment and
5 maintenance.--Establish and maintain a program of school
6 library media services for all public schools in the district,
7 including school library media centers, or school library
8 media centers open to the public, and, in addition such
9 traveling or circulating libraries as may be needed for the
10 proper operation of the district school system.
11 (2) DISTRICT SCHOOL SUPERINTENDENT.--
12 (a) The district school superintendent has the duty to
13 recommend such plans for improving, providing, distributing,
14 accounting for, and caring for textbooks and other
15 instructional aids as will result in general improvement of
16 the district school system, as prescribed in this part, in
17 accordance with adopted district school board rules
18 prescribing the duties and responsibilities of the district
19 school superintendent regarding the requisition, purchase,
20 receipt, storage, distribution, use, conservation, records,
21 and reports of, and management practices and property
22 accountability concerning, instructional materials, and
23 providing for an evaluation of any instructional materials to
24 be requisitioned that have not been used previously in the
25 district's schools. The district school superintendent must
26 keep adequate records and accounts for all financial
27 transactions for funds collected pursuant to subsection (3),
28 as a component of the educational service delivery scope in a
29 school district best financial management practices review
30 under s. 1008.35.
31 (b) Each district school superintendent shall notify
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the department by April 1 of each year the state-adopted
2 instructional materials that will be requisitioned for use in
3 his or her school district. The notification shall include a
4 district school board plan for instructional materials use to
5 assist in determining if adequate instructional materials have
6 been requisitioned.
7 (3) SCHOOL PRINCIPAL.--The school principal has the
8 following duties for the management and care of instructional
9 materials at the school:
10 (a) Proper use of instructional materials.--The
11 principal shall assure that instructional materials are used
12 to provide instruction to students enrolled at the grade level
13 or levels for which the materials are designed, pursuant to
14 adopted district school board rule. The school principal shall
15 communicate to parents the manner in which instructional
16 materials are used to implement the curricular objectives of
17 the school.
18 (b) Money collected for lost or damaged books;
19 enforcement.--The school principal shall collect from each
20 student or the student's parent the purchase price of any
21 instructional material the student has lost, destroyed, or
22 unnecessarily damaged and to report and transmit the money
23 collected to the district school superintendent. If
24 instructional materials lost, destroyed, or damaged have been
25 in school use for more than 1 year, a sum ranging between 50
26 and 75 percent of the purchase price of the book shall be
27 collected, determined by the physical condition of the book.
28 The failure to collect such sum upon reasonable effort by the
29 school principal may result in the suspension of the student
30 from participation in extracurricular activities or
31 satisfaction of the debt by the student through community
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 service activities at the school site as determined by the
2 school principal, pursuant to policies adopted by district
3 school board rule.
4 (c) Sale of instructional materials.--The school
5 principal, upon request of the parent of a student in the
6 school, shall sell to the parent any instructional materials
7 used in the school. All such sales shall be made pursuant to
8 rule adopted by the district school board, and the principal
9 shall annually provide information to parents that they may
10 purchase instructional materials and how to purchase the
11 materials.
12 (d) Disposition of funds.--All money collected from
13 the sale, exchange, loss, or damage of instructional materials
14 shall be transmitted to the district school superintendent to
15 be deposited in the district school board fund and added to
16 the district appropriation for instructional materials.
17 (e) Accounting for textbooks.--Principals shall see
18 that all books are fully and properly accounted for as
19 prescribed by adopted rules of the district school board.
20 Section 306. Section 1006.29, Florida Statutes, is
21 created to read:
22 1006.29 State instructional materials committees.--
23 (1) Each school year, not later than April 15, the
24 commissioner shall appoint state instructional materials
25 committees composed of persons actively engaged in teaching or
26 in the supervision of teaching in the public elementary,
27 middle, or high schools and representing the major fields and
28 levels in which instructional materials are used in the public
29 schools and, in addition, lay citizens not professionally
30 connected with education. Committee members shall receive
31 training pursuant to subsection (5) in competencies related to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the evaluation and selection of instructional materials.
2 (a) There shall be ten or more members on each
3 committee: At least 50 percent of the members shall be
4 classroom teachers who are certified in an area directly
5 related to the academic area or level being considered for
6 adoption, two shall be laypersons, one shall be a district
7 school board member, and two shall be supervisors of teachers.
8 The committee must have the capacity or expertise to address
9 the broad racial, ethnic, socioeconomic, and cultural
10 diversity of the state's student population. Personnel
11 selected as teachers of the year at the school, district,
12 regional, or state level are encouraged to serve on
13 instructional materials committees.
14 (b) The membership of each committee must reflect the
15 broad racial, ethnic, socioeconomic, and cultural diversity of
16 the state, including a balanced representation from the
17 state's geographic regions.
18 (c) The commissioner shall determine annually the
19 areas in which instructional materials shall be submitted for
20 adoption, taking into consideration the desires of the
21 district school boards. The commissioner shall also determine
22 the number of titles to be adopted in each area.
23 (2)(a) All appointments shall be as prescribed in this
24 section. No member shall serve more than two consecutive
25 terms on any committee. All appointments shall be for
26 18-month terms. All vacancies shall be filled in the manner
27 of the original appointment for only the time remaining in the
28 unexpired term. At no time may a district school board have
29 more than one representative on a committee. The commissioner
30 and a member of the department whom he or she shall designate
31 shall be additional and ex officio members of each committee.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) The names and mailing addresses of the members of
2 the state instructional materials committees shall be made
3 public when appointments are made.
4 (c) The district school board shall be reimbursed for
5 the actual cost of substitute teachers for each workday that a
6 member of its instructional staff is absent from his or her
7 assigned duties for the purpose of rendering service to the
8 state instructional materials committee. In addition,
9 committee members shall be reimbursed for travel expenses and
10 per diem in accordance with s. 112.061 for actual service in
11 meetings of committees called by the commissioner. Payment of
12 such travel expenses shall be made by the Treasurer from the
13 appropriation for the administration of the instructional
14 materials program, on warrants to be drawn by the Comptroller
15 upon requisition approved by the commissioner.
16 (d) Any member of a committee may be removed by the
17 commissioner for cause.
18 (3) All references in the law to the state
19 instructional materials committee shall apply to each
20 committee created by this section.
21 (4) For purposes of state adoption, "instructional
22 materials" means items having intellectual content that by
23 design serve as a major tool for assisting in the instruction
24 of a subject or course. These items may be available in bound,
25 unbound, kit, or package form and may consist of hardbacked or
26 softbacked textbooks, consumables, learning laboratories,
27 manipulatives, electronic media, and computer courseware or
28 software. The term does not include electronic or computer
29 hardware even if such hardware is bundled with software or
30 other electronic media, nor does it include equipment or
31 supplies.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) The department shall develop a training program
2 for persons selected to serve on state instructional materials
3 committees. The program shall be structured to assist
4 committee members in developing the skills necessary to make
5 valid, culturally sensitive, and objective decisions regarding
6 the content and rigor of instructional materials. All persons
7 serving on instructional materials committees must complete
8 the training program prior to beginning the review and
9 selection process.
10 Section 307. Section 1006.30, Florida Statutes, is
11 created to read:
12 1006.30 Affidavit of state instructional materials
13 committee members.--Before transacting any business, each
14 member of a state committee shall make an affidavit, to be
15 filed with the commissioner, that:
16 (1) The member will faithfully discharge the duties
17 imposed upon him or her as a member of the committee.
18 (2) The member has no interest, and while a member of
19 the committee he or she will assume no interest, in any
20 publishing or manufacturing organization which produces or
21 sells instructional materials.
22 (3) The member is in no way connected, and while a
23 member of the committee he or she will assume no connection,
24 with the distribution of the instructional materials.
25 (4) The member is not pecuniarily interested, and
26 while a member of the committee he or she will assume no
27 pecuniary interest, directly or indirectly, in the business or
28 profits of any person engaged in manufacturing, publishing, or
29 selling instructional materials designed for use in the public
30 schools.
31 (5) The member will not accept any emolument or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 promise of future reward of any kind from any publisher or
2 manufacturer of instructional materials or his or her agent or
3 anyone interested in, or intending to bias his or her judgment
4 in any way in, the selection of any materials to be adopted.
5 (6) It is unlawful for any member of a state
6 instructional materials committee to discuss matters relating
7 to instructional materials submitted for adoption with any
8 agent of a publisher or manufacturer of instructional
9 materials, either directly or indirectly, except during the
10 period when the committee has been called into session for the
11 purpose of evaluating instructional materials submitted for
12 adoption. Such discussions shall be limited to official
13 meetings of the committee and in accordance with procedures
14 prescribed by the commissioner for that purpose.
15 Section 308. Section 1006.31, Florida Statutes, is
16 created to read:
17 1006.31 Duties of each state instructional materials
18 committee.--The duties of each state instructional materials
19 committee are:
20 (1) PLACE AND TIME OF MEETING.--To meet at the call of
21 the commissioner, at a place in the state designated by him or
22 her, for the purpose of evaluating and recommending
23 instructional materials for adoption by the state. All
24 meetings of state instructional materials committees shall be
25 announced publicly in the Florida Administrative Weekly at
26 least 2 weeks prior to the date of convening. All meetings of
27 the committees shall be open to the public.
28 (2) ORGANIZATION.--To elect a chair and vice chair for
29 each adoption. An employee of the department shall serve as
30 secretary to the committee and keep an accurate record of its
31 proceedings. All records of committee motions and votes, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 summaries of committee debate shall be incorporated into a
2 publishable document and shall be available for public
3 inspection and duplication.
4 (3) PROCEDURES.--To adhere to procedures prescribed by
5 the commissioner for evaluating instructional materials
6 submitted by publishers and manufacturers in each adoption.
7 (4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To
8 evaluate carefully all instructional materials submitted, to
9 ascertain which instructional materials, if any, submitted for
10 consideration best implement the selection criteria developed
11 by the commissioner and those curricular objectives included
12 within applicable performance standards provided for in s.
13 1001.03(1).
14 (a) When recommending instructional materials for use
15 in the schools, each committee shall include only
16 instructional materials that accurately portray the ethnic,
17 socioeconomic, cultural, and racial diversity of our society,
18 including men and women in professional, career and technical,
19 and executive roles, and the role and contributions of the
20 entrepreneur and labor in the total development of this state
21 and the United States.
22 (b) When recommending instructional materials for use
23 in the schools, each committee shall include only materials
24 which accurately portray, whenever appropriate, humankind's
25 place in ecological systems, including the necessity for the
26 protection of our environment and conservation of our natural
27 resources and the effects on the human system of the use of
28 tobacco, alcohol, controlled substances, and other dangerous
29 substances.
30 (c) When recommending instructional materials for use
31 in the schools, each committee shall require such materials as
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 it deems necessary and proper to encourage thrift, fire
2 prevention, and humane treatment of people and animals.
3 (d) When recommending instructional materials for use
4 in the schools, each committee shall require, when appropriate
5 to the comprehension of students, that materials for social
6 science, history, or civics classes contain the Declaration of
7 Independence and the Constitution of the United States. No
8 instructional materials shall be recommended by any committee
9 for use in the schools which contain any matter reflecting
10 unfairly upon persons because of their race, color, creed,
11 national origin, ancestry, gender, or occupation.
12 (e) All instructional materials recommended by each
13 committee for use in the schools shall be, to the satisfaction
14 of each committee, accurate, objective, and current and suited
15 to the needs and comprehension of students at their respective
16 grade levels. Instructional materials committees shall
17 consider for adoption materials developed for academically
18 talented students such as those enrolled in advanced placement
19 courses.
20 (5) REPORT OF COMMITTEE.--Each committee, after a
21 thorough study of all data submitted on each instructional
22 material, and after each member has carefully evaluated each
23 instructional material, shall present a written report to the
24 commissioner. Such report shall be made public, and shall
25 include:
26 (a) A description of the procedures used in
27 determining the instructional materials to be recommended to
28 the commissioner.
29 (b) Recommendations of instructional materials for
30 each grade and subject field in the curriculum of public
31 elementary, middle, and high schools in which adoptions are to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be made. If deemed advisable, the committee may include such
2 other information, expression of opinion, or recommendation as
3 would be helpful to the commissioner. If there is a
4 difference of opinion among the members of the committee as to
5 the merits of any instructional materials, any member may file
6 an expression of his or her individual opinion.
7
8 The findings of the committees, including the evaluation of
9 instructional materials, shall be in sessions open to the
10 public. All decisions leading to determinations of the
11 committees shall be by roll call vote, and at no time will a
12 secret ballot be permitted.
13 Section 309. Section 1006.32, Florida Statutes, is
14 created to read:
15 1006.32 Prohibited acts.--
16 (1) No publisher or manufacturer of instructional
17 material, or any representative thereof, shall offer to give
18 any emolument, money, or other valuable thing, or any
19 inducement, to any district school board official or member of
20 a state-level instructional materials committee to directly or
21 indirectly introduce, recommend, vote for, or otherwise
22 influence the adoption or purchase of any instructional
23 materials.
24 (2) No district school board official or member of a
25 state instructional materials committee shall solicit or
26 accept any emolument, money, or other valuable thing, or any
27 inducement, to directly or indirectly introduce, recommend,
28 vote for, or otherwise influence the adoption or purchase of
29 any instructional material.
30 (3) No district school board or publisher may
31 participate in a pilot program of materials being considered
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for adoption during the 18-month period before the official
2 adoption of the materials by the commissioner. Any pilot
3 program during the first 2 years of the adoption period must
4 have the prior approval of the commissioner.
5 (4) Any publisher or manufacturer of instructional
6 materials or representative thereof or any district school
7 board official or state instructional materials committee
8 member, who violates any provision of this section commits a
9 misdemeanor of the second degree, punishable as provided in s.
10 775.082 or s. 775.083. Any representative of a publisher or
11 manufacturer who violates any provision of this section, in
12 addition to any other penalty, shall be banned from practicing
13 business in the state for a period of 1 calendar year. Any
14 district school board official or state instructional
15 materials committee member who violates any provision of this
16 section, in addition to any other penalty, shall be removed
17 from his or her official position.
18 (5) Nothing in this section shall be construed to
19 prevent any publisher, manufacturer, or agent from supplying,
20 for purposes of examination, necessary sample copies of
21 instructional materials to any district school board official
22 or instructional materials committee member.
23 (6) Nothing in this section shall be construed to
24 prevent a district school board official or instructional
25 materials committee member from receiving sample copies of
26 instructional materials.
27 (7) Nothing contained in this section shall be
28 construed to prohibit or restrict a district school board
29 official from receiving royalties or other compensation, other
30 than compensation paid to him or her as commission for
31 negotiating sales to district school boards, from the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 publisher or manufacturer of instructional materials written,
2 designed, or prepared by such district school board official,
3 and adopted by the commissioner or purchased by any district
4 school board. No district school board official shall be
5 allowed to receive royalties on any materials not on the
6 state-adopted list purchased for use by his or her district
7 school board.
8 (8) No district school superintendent, district school
9 board member, teacher, or other person officially connected
10 with the government or direction of public schools shall
11 receive during the months actually engaged in performing
12 duties under his or her contract any private fee, gratuity,
13 donation, or compensation, in any manner whatsoever, for
14 promoting the sale or exchange of any school book, map, or
15 chart in any public school, or be an agent for the sale or the
16 publisher of any school textbook or reference work, or be
17 directly or indirectly pecuniarily interested in the
18 introduction of any such textbook, and any such agency or
19 interest shall disqualify any person so acting or interested
20 from holding any district school board employment whatsoever,
21 and the person commits a misdemeanor of the second degree,
22 punishable as provided in s. 775.082 or s. 775.083; provided
23 that this subsection shall not be construed as preventing the
24 adoption of any book written in whole or in part by a Florida
25 author.
26 Section 310. Section 1006.33, Florida Statutes, is
27 created to read:
28 1006.33 Bids or proposals; advertisement and its
29 contents.--
30 (1)(a) Beginning on or before May 15 of any year in
31 which an instructional materials adoption is to be initiated,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the department shall advertise in the Florida Administrative
2 Weekly 4 weeks preceding the date on which the bids shall be
3 received, that at a certain designated time, not later than
4 June 15, sealed bids or proposals to be deposited with the
5 department will be received from publishers or manufacturers
6 for the furnishing of instructional materials proposed to be
7 adopted as listed in the advertisement beginning April 1
8 following the adoption.
9 (b) The advertisement shall state that each bidder
10 shall furnish specimen copies of all instructional materials
11 submitted, at a time designated by the department, which
12 specimen copies shall be identical with the copies approved
13 and accepted by the members of the state instructional
14 materials committee, as prescribed in this section, and with
15 the copies furnished to the department and district school
16 superintendents, as provided in this part.
17 (c) The advertisement shall state that a contract
18 covering the adoption of the instructional materials shall be
19 for a definite term.
20 (d) The advertisement shall fix the time within which
21 the required contract must be executed and shall state that
22 the department reserves the right to reject any or all bids.
23 (e) The advertisement shall give information as to how
24 specifications which have been adopted by the department in
25 regard to paper, binding, cover boards, and mechanical makeup
26 can be secured. In adopting specifications, the department
27 shall make an exception for instructional materials that are
28 college-level texts and that do not meet department physical
29 specifications for secondary materials, if the publisher
30 guarantees replacement during the term of the contract.
31 (2) The bids submitted shall be for furnishing the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 designated materials in accordance with specifications of the
2 department. The bid shall state the lowest wholesale price at
3 which the materials will be furnished, at the time the
4 adoption period provided in the contract begins, delivered
5 f.o.b. to the Florida depository of the publisher,
6 manufacturer, or bidder.
7 (3) The department shall require each publisher or
8 manufacturer of instructional materials who submits a bid
9 under this part to deposit with the department such sum of
10 money or certified check as may be determined by the
11 department, the amount to be not less than $500 and not more
12 than $2,500, according to the number of instructional
13 materials covered by the bid, which deposit shall be forfeited
14 to the state and placed in the General Revenue Fund if the
15 bidder making the deposit fails or refuses to execute the
16 contract and bond within 30 days after receipt of the contract
17 in case his or her bid or proposal is accepted. The
18 commissioner shall, upon determining that the deposit is
19 correct and proper, transmit the deposit to the Treasurer, who
20 shall deposit the funds for credit to the Textbook Bid Trust
21 Fund and issue his or her official receipt.
22 (4) Specimen copies of all instructional materials
23 that have been made the bases of contracts under this part
24 shall, upon request for the purpose of public inspection, be
25 made available by the publisher to the department and the
26 district school superintendent of each district school board
27 that adopts the instructional materials from the state list
28 upon request for the purpose of public inspection. All
29 contracts and bonds executed under this part shall be signed
30 in triplicate. One copy of each contract and an original of
31 each bid, whether accepted or rejected, shall be preserved
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 with the department for at least 3 years after termination of
2 the contract.
3 Section 311. Section 1006.34, Florida Statutes, is
4 created to read:
5 1006.34 Powers and duties of the commissioner and the
6 department in selecting and adopting instructional
7 materials.--
8 (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL
9 MATERIALS.--The commissioner shall prescribe the procedures by
10 which the department shall evaluate instructional materials
11 submitted by publishers and manufacturers in each adoption.
12 Included in these procedures shall be provisions which afford
13 each publisher or manufacturer or his or her representative an
14 opportunity to present to members of the state instructional
15 materials committees the merits of each instructional material
16 submitted in each adoption.
17 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL
18 MATERIALS.--
19 (a) The department shall notify all publishers and
20 manufacturers of instructional materials who have submitted
21 bids that within 3 weeks after the deadline for receiving
22 bids, at a designated time and place, it will open the bids
23 submitted and deposited with it. At the time and place
24 designated, the bids shall be opened, read, and tabulated in
25 the presence of the bidders or their representatives. No one
26 may revise his or her bid after the bids have been filed.
27 When all bids have been carefully considered, the commissioner
28 shall, from the list of suitable, usable, and desirable
29 instructional materials reported by the state instructional
30 materials committee, select and adopt instructional materials
31 for each grade and subject field in the curriculum of public
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 elementary, middle, and high schools in which adoptions are
2 made and in the subject areas designated in the advertisement.
3 The adoption shall continue for the period specified in the
4 advertisement, beginning on the ensuing April 1. The adoption
5 shall not prevent the extension of a contract as provided in
6 subsection (3). The commissioner shall always reserve the
7 right to reject any and all bids. The commissioner may ask for
8 new sealed bids from publishers or manufacturers whose
9 instructional materials were recommended by the state
10 instructional materials committee as suitable, usable, and
11 desirable; specify the dates for filing such bids and the date
12 on which they shall be opened; and proceed in all matters
13 regarding the opening of bids and the awarding of contracts as
14 required by this part. In all cases, bids shall be accompanied
15 by a cash deposit or certified check of from $500 to $2,500,
16 as the commissioner may direct. The department, in adopting
17 instructional materials, shall give due consideration both to
18 the prices bid for furnishing instructional materials and to
19 the report and recommendations of the state instructional
20 materials committee. When the commissioner has finished with
21 the report of the state instructional materials committee, the
22 report shall be filed and preserved with the department and
23 shall be available at all times for public inspection.
24 (b) In the selection of instructional materials,
25 library books, and other reading material used in the public
26 school system, the standards used to determine the propriety
27 of the material shall include:
28 1. The age of the students who normally could be
29 expected to have access to the material.
30 2. The educational purpose to be served by the
31 material. In considering instructional materials for classroom
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 use, priority shall be given to the selection of materials
2 which encompass the state and district school board
3 performance standards provided for in s. 1001.03(1) and which
4 include the instructional objectives contained within the
5 curriculum frameworks approved by rule of the State Board of
6 Education.
7 3. The degree to which the material would be
8 supplemented and explained by mature classroom instruction as
9 part of a normal classroom instructional program.
10 4. The consideration of the broad racial, ethnic,
11 socioeconomic, and cultural diversity of the students of this
12 state.
13
14 No book or other material containing hard-core pornography or
15 otherwise prohibited by s. 847.012 shall be used or available
16 within any public school district.
17 (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS;
18 BOND.--As soon as practicable after the commissioner has
19 adopted any instructional materials and all bidders that have
20 secured the adoption of any instructional materials have been
21 notified thereof by registered letter, the Department of Legal
22 Affairs shall prepare a contract in proper form with every
23 bidder awarded the adoption of any instructional materials.
24 Each contract shall be executed by the Governor and Secretary
25 of State under the seal of the state, one copy to be kept by
26 the contractor, one copy to be filed with the Department of
27 State, and one copy to be filed with the department. After
28 giving due consideration to comments by the district school
29 boards, the commissioner, with the agreement of the publisher,
30 may extend or shorten a contract period for a period not to
31 exceed 2 years; and the terms of any such contract shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 remain the same as in the original contract. Any publisher or
2 manufacturer to whom any contract is let under this part must
3 give bond in such amount as the commissioner requires, payable
4 to the state, conditioned for the faithful, honest, and exact
5 performance of the contract. The bond must provide for the
6 payment of reasonable attorney's fees in case of recovery in
7 any suit thereon. The surety on the bond must be a guaranty or
8 surety company lawfully authorized to do business in the
9 state; however, the bond shall not be exhausted by a single
10 recovery but may be sued upon from time to time until the full
11 amount thereof is recovered, and the department may at any
12 time, after giving 30 days' notice, require additional
13 security or additional bond. The form of any bond or bonds or
14 contract or contracts under this part shall be prepared and
15 approved by the Department of Legal Affairs. At the discretion
16 of the commissioner, a publisher or manufacturer to whom any
17 contract is let under this part may be allowed a cash deposit
18 in lieu of a bond, conditioned for the faithful, honest, and
19 exact performance of the contract. The cash deposit, payable
20 to the department, shall be placed in the Textbook Bid Trust
21 Fund. The department may recover damages on the cash deposit
22 given by the contractor for failure to furnish instructional
23 materials, the sum recovered to inure to the General Revenue
24 Fund.
25 (4) REGULATIONS GOVERNING THE CONTRACT.--The
26 department may, from time to time, take any necessary actions,
27 consistent with this part, to secure the prompt and faithful
28 performance of all instructional materials contracts; and if
29 any contractor fails or refuses to furnish instructional
30 materials as provided in this part or otherwise breaks his or
31 her contract, the department may sue on the required bond in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the name of the state, in the courts of the state having
2 jurisdiction, and recover damages on the bond given by the
3 contractor for failure to furnish instructional materials, the
4 sum recovered to inure to the General Revenue Fund.
5 (5) RETURN OF DEPOSITS.--
6 (a) The successful bidder shall be notified by
7 registered mail of the award of contract and shall, within 30
8 days after receipt of the contract, execute the proper
9 contract and post the required bond. When the bond and
10 contract have been executed, the department shall notify the
11 Comptroller and request that a warrant be issued against the
12 Textbook Bid Trust Fund payable to the successful bidder in
13 the amount deposited pursuant to this part. The Comptroller
14 shall issue and forward the warrant to the department for
15 distribution to the bidder.
16 (b) At the same time or prior thereto, the department
17 shall inform the Comptroller of the names of the unsuccessful
18 bidders. Upon receipt of such notice, the Comptroller shall
19 issue warrants against the Textbook Bid Trust Fund payable to
20 the unsuccessful bidders in the amounts deposited pursuant to
21 this part and shall forward the warrants to the department for
22 distribution to the unsuccessful bidders.
23 (c) One copy of each contract and an original of each
24 bid, whether accepted or rejected, shall be preserved with the
25 department for at least 3 years after the termination of the
26 contract.
27 (6) DEPOSITS FORFEITED.--If any successful bidder
28 fails or refuses to execute contract and bond within 30 days
29 after receipt of the contract, the cash deposit shall be
30 forfeited to the state and placed by the Treasurer in the
31 General Revenue Fund.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (7) FORFEITURE OF CONTRACT AND BOND.--If any publisher
2 or manufacturer of instructional materials fails or refuses to
3 furnish a book, or books, or other instructional materials as
4 provided in the contract, his or her bond is forfeited and the
5 department shall make another contract on such terms as it may
6 find desirable, after giving due consideration to the
7 recommendations of the commissioner.
8 Section 312. Section 1006.35, Florida Statutes, is
9 created to read:
10 1006.35 Accuracy of instructional materials.--
11 (1) In addition to relying on statements of publishers
12 or manufacturers of instructional materials, the commissioner
13 may conduct or cause to be conducted an independent
14 investigation to determine the accuracy of state-adopted
15 instructional materials.
16 (2) When errors in state-adopted materials are
17 confirmed, the publisher of the materials shall provide to
18 each district school board that has purchased the materials
19 the corrections in a format approved by the commissioner.
20 (3) The commissioner may remove materials from the
21 list of state-adopted materials if he or she finds that the
22 content is in error and the publisher refuses to correct the
23 error when notified by the department.
24 (4) The commissioner may remove materials from the
25 list of state-adopted materials at the request of the
26 publisher if, in his or her opinion, there is no material
27 impact on the state's education goals.
28 Section 313. Section 1006.36, Florida Statutes, is
29 created to read:
30 1006.36 Term of adoption for instructional
31 materials.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) The term of adoption of any instructional
2 materials must be a 6-year period beginning on April 1
3 following the adoption, except that the commissioner may
4 approve terms of adoption of less than 6 years for materials
5 in content areas which require more frequent revision. Any
6 contract for instructional materials may be extended as
7 prescribed in s. 1006.34(3).
8 (2) The department shall publish annually an official
9 schedule of subject areas to be called for adoption for each
10 of the succeeding 2 years, and a tentative schedule for years
11 3, 4, 5, and 6. If extenuating circumstances warrant, the
12 commissioner may order the department to add one or more
13 subject areas to the official schedule, in which event the
14 commissioner shall develop criteria for such additional
15 subject area or areas and make them available to publishers as
16 soon as practicable before the date on which bids are due. The
17 schedule shall be developed so as to promote balance among the
18 subject areas so that the required expenditure for new
19 instructional materials is approximately the same each year in
20 order to maintain curricular consistency.
21 Section 314. Section 1006.37, Florida Statutes, is
22 created to read:
23 1006.37 Requisition of instructional materials from
24 publisher's depository.--
25 (1) The district school superintendent shall
26 requisition adopted instructional materials from the
27 depository of the publisher with whom a contract has been
28 made. However, the superintendent shall requisition current
29 instructional materials to provide each student with a
30 textbook or other materials as a major tool of instruction in
31 core courses of the subject areas specified in s. 1006.40(2).
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 These materials must be requisitioned within the first 2 years
2 of the adoption cycle, except for instructional materials
3 related to growth of student membership or instructional
4 materials maintenance needs. The superintendent may
5 requisition instructional materials in the core subject areas
6 specified in s. 1006.40(2) that are related to growth of
7 student membership or instructional materials maintenance
8 needs during the 3rd, 4th, 5th, and 6th years of the original
9 contract period.
10 (2) The district school superintendent shall verify
11 that the requisition is complete and accurate and order the
12 depository to forward to him or her the adopted instructional
13 materials shown by the requisition. The depository shall
14 prepare an invoice of the materials shipped, including
15 shipping charges, and mail it to the superintendent to whom
16 the shipment is being made. The superintendent shall pay the
17 depository within 60 days after receipt of the requisitioned
18 materials from the appropriation for the purchase of adopted
19 instructional materials.
20 Section 315. Section 1006.38, Florida Statutes, is
21 created to read:
22 1006.38 Duties, responsibilities, and requirements of
23 instructional materials publishers and
24 manufacturers.--Publishers and manufacturers of instructional
25 materials, or their representatives, shall:
26 (1) Comply with all provisions of this part.
27 (2) Deliver fully developed specimen copies of all
28 instructional materials upon which bids are based to each
29 member of a state instructional materials committee. At the
30 conclusion of the review process, manufacturers submitting
31 samples of instructional materials are entitled to the return
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 thereof, at the expense of the manufacturers; or, in the
2 alternative, the manufacturers are entitled to reimbursement
3 by the individual committee members for the retail value of
4 the samples.
5 (3) Submit, at a time designated in s. 1006.33, the
6 following information:
7 (a) Detailed specifications of the physical
8 characteristics of the instructional materials. The publisher
9 or manufacturer shall comply with these specifications if the
10 instructional materials are adopted and purchased in completed
11 form.
12 (b) Written proof that the publisher has provided
13 written correlations to appropriate curricular objectives
14 included within applicable performance standards provided for
15 in s. 1001.03(1).
16 (4) Make available for purchase by any district school
17 board any diagnostic, criterion-referenced, or other tests
18 that they may develop.
19 (5) Furnish the instructional materials offered by
20 them at a price in the state which, including all costs of
21 transportation to their depositories, shall not exceed the
22 lowest price at which they offer such instructional materials
23 for adoption or sale to any state or school district in the
24 United States.
25 (6) Reduce automatically the price of the
26 instructional materials to any district school board to the
27 extent that reductions are made elsewhere in the United
28 States.
29 (7) Provide any instructional materials free of charge
30 in the state to the same extent as they are provided free of
31 charge to any state or school district in the United States.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (8) Guarantee that all copies of any instructional
2 materials sold in this state will be at least equal in quality
3 to the copies of such instructional materials that are sold
4 elsewhere in the United States and will be kept revised, free
5 from all errors, and up-to-date as may be required by the
6 department.
7 (9) Agree that any supplementary material developed at
8 the district or state level does not violate the author's or
9 publisher's copyright, provided such material is developed in
10 accordance with the doctrine of fair use.
11 (10) Not in any way, directly or indirectly, become
12 associated or connected with any combination in restraint of
13 trade in instructional materials, nor enter into any
14 understanding, agreement, or combination to control prices or
15 restrict competition in the sale of instructional materials
16 for use in the state.
17 (11) Maintain or contract with a depository in the
18 state.
19 (12) For the core subject areas specified in s.
20 1006.40(2), maintain in the depository for the first 2 years
21 of the contract an inventory of instructional materials
22 sufficient to receive and fill orders.
23 (13) For the core subject areas specified in s.
24 1006.40(2), ensure the availability of an inventory sufficient
25 to receive and fill orders for instructional materials for
26 growth, including the opening of a new school, and replacement
27 during the 3rd and subsequent years of the original contract
28 period.
29 (14) For all other subject areas, maintain in the
30 depository an inventory of instructional materials sufficient
31 to receive and fill orders.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (15) Accurately and fully disclose only the names of
2 those persons who actually authored the instructional
3 materials. In addition to the penalties provided in
4 subsection (17), the commissioner may remove from the list of
5 state-adopted instructional materials those instructional
6 materials whose publisher or manufacturer misleads the
7 purchaser by falsely representing genuine authorship.
8 (16) Grant, without prior written request, for any
9 copyright held by the publisher or its agencies automatic
10 permission to the department or its agencies for the
11 reproduction of textbooks and supplementary materials in
12 braille or large print or in the form of sound recordings, for
13 use by visually impaired students or other students with
14 disabilities that would benefit from use of the materials.
15 (17) Upon the willful failure of the publisher or
16 manufacturer to comply with the requirements of this section,
17 be liable to the department in the amount of 3 times the total
18 sum which the publisher or manufacturer was paid in excess of
19 the price required under subsections (5) and (6) and in the
20 amount of 3 times the total value of the instructional
21 materials and services which the district school board is
22 entitled to receive free of charge under subsection (7).
23 Section 316. Section 1006.39, Florida Statutes, is
24 created to read:
25 1006.39 Production and dissemination of educational
26 materials and products by department.--
27 (1) Educational materials and products developed by or
28 under the direction of the department, through research and
29 development or other efforts, including those subject to
30 copyright, patent, or trademark, shall be made available for
31 use by teachers, students, administrators, and other
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 appropriate persons in the state system of education at the
2 earliest practicable date and in the most economical and
3 efficient manner possible.
4 (2) To accomplish this objective the department may
5 publish, produce, or have produced educational materials and
6 products and make them readily available for appropriate use
7 in the state system of education. The department may charge
8 an amount adequate to cover the essential cost of producing
9 and disseminating such materials and products in the state
10 system of education and may sell copies for educational use to
11 private schools in the state and to the public.
12 (3) All proceeds from the sale of educational
13 materials and products shall be remitted to the Treasurer and
14 shall be kept in a separate fund to be known as the
15 "Educational Media and Technology Trust Fund" and, when
16 properly budgeted as approved by the Legislature and the
17 Executive Office of the Governor, used to pay the cost of
18 producing and disseminating educational materials and
19 products.
20 (4) In cases in which the educational materials or
21 products are of such nature, or the circumstances are such,
22 that it is not practicable or feasible for the department to
23 produce or have produced materials and products so developed,
24 it may, after review and approval by the Department of State,
25 license, lease, assign, sell, or otherwise give written
26 consent to any person, firm or corporation for the manufacture
27 or use thereof, on a royalty basis, or for such other
28 consideration as the department finds proper and in the best
29 interest of the state. The department shall protect
30 educational materials and products against improper or
31 unlawful use or infringement and enforce the collection of any
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 sums due for the manufacture or use thereof by any other
2 party.
3 (5) The department shall not enter into the business
4 of producing or publishing textbooks, or the contents therein,
5 for general use in classrooms.
6 Section 317. Section 1006.40, Florida Statutes, is
7 created to read:
8 1006.40 Use of instructional materials allocation;
9 instructional materials, library books, and reference books;
10 repair of books.--
11 (1) On or before July 1 each year, the commissioner
12 shall certify to each district school superintendent the
13 estimated allocation of state funds for instructional
14 materials, computed pursuant to the provisions of s. 1011.67
15 for the ensuing fiscal year.
16 (2)(a) Each district school board must purchase
17 current instructional materials to provide each student with a
18 textbook or other instructional materials as a major tool of
19 instruction in core courses of the appropriate subject areas
20 of mathematics, language arts, science, social studies,
21 reading, and literature for kindergarten through grade 12.
22 Such purchase must be made within the first 2 years of the
23 effective date of the adoption cycle. Unless specifically
24 provided for in the General Appropriations Act, the cost of
25 instructional materials purchases required by this paragraph
26 shall not exceed the amount of the district's allocation for
27 instructional materials, pursuant to s. 1011.67, for the
28 previous 2 years.
29 (b) The requirement in paragraph (a) does not apply to
30 contracts in existence before April 1, 2000, or to a purchase
31 related to growth of student membership in the district or for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 instructional materials maintenance needs.
2 (3)(a) Each district school board shall use the annual
3 allocation for the purchase of instructional materials
4 included on the state-adopted list, except as otherwise
5 authorized in paragraphs (b) and (c). No less than 50 percent
6 of the annual allocation shall be used to purchase items which
7 will be used to provide instruction to students at the level
8 or levels for which the materials are designed.
9 (b) Up to 50 percent of the annual allocation may be
10 used for the purchase of instructional materials, including
11 library and reference books and nonprint materials, not
12 included on the state-adopted list and for the repair and
13 renovation of textbooks and library books.
14 (c) District school boards may use 100 percent of that
15 portion of the annual allocation designated for the purchase
16 of instructional materials for kindergarten, and 75 percent of
17 that portion of the annual allocation designated for the
18 purchase of instructional materials for first grade, to
19 purchase materials not on the state-adopted list.
20 (4) The funds described in subsection (3) which
21 district school boards may use to purchase materials not on
22 the state-adopted list shall be used for the purchase of
23 instructional materials or other items having intellectual
24 content which assist in the instruction of a subject or
25 course. These items may be available in bound, unbound, kit,
26 or package form and may consist of hardbacked or softbacked
27 textbooks, replacements for items which were part of
28 previously purchased instructional materials, consumables,
29 learning laboratories, manipulatives, electronic media,
30 computer courseware or software, and other commonly accepted
31 instructional tools as prescribed by district school board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rule. The funds available to district school boards for the
2 purchase of materials not on the state-adopted list may not be
3 used to purchase electronic or computer hardware even if such
4 hardware is bundled with software or other electronic media,
5 nor may such funds be used to purchase equipment or supplies.
6 However, when authorized to do so in the General
7 Appropriations Act, a school or district school board may use
8 a portion of the funds available to it for the purchase of
9 materials not on the state-adopted list to purchase science
10 laboratory materials and supplies.
11 (5) Each district school board shall adopt rules, and
12 each district school superintendent shall implement
13 procedures, that will assure the maximum use by the students
14 of the authorized instructional materials.
15 (6) District school boards may issue purchase orders
16 subsequent to February 1 in an aggregate amount which does not
17 exceed 20 percent of the current year's allocation, and
18 subsequent to April 1 in an aggregate amount which does not
19 exceed 90 percent of the current year's allocation, for the
20 purpose of expediting the delivery of instructional materials
21 which are to be paid for from the ensuing year's allocation.
22 (7) In any year in which the total instructional
23 materials allocation for a school district has not been
24 expended or obligated prior to June 30, the district school
25 board shall carry forward the unobligated amount and shall add
26 it to the next year's allocation.
27 Section 318. Section 1006.41, Florida Statutes, is
28 created to read:
29 1006.41 Disposal of instructional materials.--
30 (1) Instructional materials that have become
31 unserviceable or surplus or are no longer on state contract
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 may be disposed of, under adopted rule of the district school
2 board, by:
3 (a) Giving or lending the materials to other public
4 education programs within the district or state, to the
5 teachers to use in developing supplementary teaching
6 materials, to students or others, or to any charitable
7 organization, governmental agency, home education students,
8 private school, or state.
9 (b) Selling the materials to used book dealers,
10 recycling plants, pulp mills, or other persons, firms, or
11 corporations upon such terms as are most economically
12 advantageous to the district school board.
13 (2) The district school board may prescribe by rule
14 the manner for destroying instructional materials that cannot
15 be disposed of as provided in subsection (1).
16 (3) All moneys received for the sale, exchange, or
17 other disposition of instructional materials shall be
18 deposited in the district school fund and added to the
19 district appropriation for instructional materials.
20 (4) Instructional materials which have been sold,
21 exchanged, lost, destroyed, or damaged and for which proper
22 charges have been assessed and collected, and instructional
23 materials which have been destroyed by fire or storm damage or
24 by order of a competent health officer or the district school
25 superintendent, shall be dropped from the record of
26 instructional materials for which, as provided by law,
27 district school boards are held responsible.
28 Section 319. Section 1006.42, Florida Statutes, is
29 created to read:
30 1006.42 Responsibility of students and parents for
31 instructional materials.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) All instructional materials purchased under the
2 provisions of this part are the property of the district
3 school board. When distributed to the students, these
4 instructional materials are on loan to the students while they
5 are pursuing their courses of study and are to be returned at
6 the direction of the school principal or the teacher in
7 charge. Each parent of a student to whom or for whom
8 instructional materials have been issued, is liable for any
9 loss or destruction of, or unnecessary damage to, the
10 instructional materials or for failure of the student to
11 return the instructional materials when directed by the school
12 principal or the teacher in charge, and shall pay for such
13 loss, destruction, or unnecessary damage as provided by law.
14 (2) Nothing in this part shall be construed to
15 prohibit parents from exercising their right to purchase
16 instructional materials from the district school board.
17 Section 320. Section 1006.43, Florida Statutes, is
18 created to read:
19 1006.43 Expenses; budget request.--
20 (1) The commissioner shall include in the department's
21 annual legislative budget a request for funds in an amount
22 sufficient to provide the necessary expense for:
23 (a) The instructional materials committees.
24 (b) Instructional materials for use by partially
25 sighted students.
26 (c) Other specific and necessary state expenses with
27 regard to the instructional materials program.
28 (2) The department may arrange for distribution
29 adopted textbooks which are prepared in various media for the
30 use of partially sighted children enrolled in the Florida
31 schools.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 321. Part II of chapter 1006, Florida
2 Statutes, shall be entitled "Public Postsecondary Education
3 Support for Learning and Student Services" and shall consist
4 of ss. 1006.50-1006.71.
5 Section 322. Section 1006.50, Florida Statutes, is
6 created to read:
7 1006.50 Student handbooks.--
8 (1) Each community college and state university shall
9 compile and update annually a student handbook that includes,
10 but is not limited to, a comprehensive calendar that
11 emphasizes important dates and deadlines, student rights and
12 responsibilities, appeals processes available to students, and
13 a roster of contact persons within the administrative staff
14 available to respond to student inquiries.
15 (2) Each student handbook shall list the legal and
16 institution-specific sanctions that will be imposed upon
17 students who violate the law or institutional policies
18 regarding controlled substances and alcoholic beverages.
19 (3) Each student handbook shall provide information
20 related to acquired immune deficiency syndrome (AIDS)
21 education or identify sites from which AIDS education
22 information may be obtained.
23 Section 323. Section 1006.51, Florida Statutes, is
24 created to read:
25 1006.51 Student ombudsman office.--
26 (1) There is created at each community college and
27 state university a student ombudsman office, which is
28 accountable to the president.
29 (2) Each institution must have an established
30 procedure by which a student may appeal to the office of the
31 ombudsman a decision that is related to the student's access
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to courses and credit granted toward the degree. Detailed
2 information concerning this procedure must be included in the
3 institution's catalog.
4 (3) Each community college and state university shall
5 develop minimum standards for the role of ombudsman or student
6 advocate. The standards shall address the issue of
7 notification of students of opportunities for assistance or
8 appeal.
9 Section 324. Section 1006.52, Florida Statutes, is
10 created to read:
11 1006.52 Student records.--
12 (1) Each university may prescribe the content and
13 custody of records and reports which the university may
14 maintain on its students. Such records are confidential and
15 exempt from the provisions of s. 119.07(1) and are open to
16 inspection only as provided in s. 1002.22.
17 (2) Rules of the State Board of Education may
18 prescribe the content and custody of records and reports which
19 a community college may maintain on its students. Such records
20 are confidential and exempt from s. 119.07(1) and are open to
21 inspection only as provided in s. 1002.22.
22 Section 325. Section 1006.53, Florida Statutes, is
23 created to read:
24 1006.53 Religious observances.--Each public
25 postsecondary educational institution shall adopt a policy in
26 accordance with rules of the State Board of Education which
27 reasonably accommodates the religious observance, practice,
28 and belief of individual students in regard to admissions,
29 class attendance, and the scheduling of examinations and work
30 assignments. Each policy shall include a grievance procedure
31 by which a student who believes that he or she has been
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 unreasonably denied an educational benefit due to his or her
2 religious belief or practices may seek redress. Such policy
3 shall be made known to faculty and students annually in
4 inclusion in the institution's handbook, manual, or other
5 similar document regularly provided to faculty and students.
6 Section 326. Section 1006.54, Florida Statutes, is
7 created to read:
8 1006.54 Universities; public documents distributed to
9 libraries.--The general library of each state university may
10 receive copies of reports of state officials, departments, and
11 institutions and all other state documents published by the
12 state. Each officer of the state empowered by law to
13 distribute such public documents may transmit without charge,
14 except for payment of shipping costs, the number of copies of
15 each public document desired upon requisition from the
16 librarian. It is the duty of the library to keep public
17 documents in a convenient form accessible to the public. The
18 library, under rules formulated by the university board of
19 trustees, is authorized to exchange documents for those of
20 other states, territories, and countries.
21 Section 327. Section 1006.55, Florida Statutes, is
22 created to read:
23 1006.55 Law libraries of certain institutions of
24 higher learning designated as state legal depositories.--
25 (1) The law libraries of the University of Florida,
26 Florida State University, Florida International University,
27 Florida Agricultural and Mechanical University, Stetson
28 University, Nova University, and the University of Miami are
29 designated as state legal depositories.
30 (2) Each officer of the state empowered by law to
31 distribute legal publications may transmit, upon payment of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shipping costs or cash on delivery, to the state legal
2 depositories copies of such publications as requested.
3 However, the number of copies transmitted shall be limited to:
4 (a) Eight copies of each volume of General Acts and
5 each volume of Special Acts to each of the state legal
6 depositories;
7 (b) Up to a maximum number of each volume of the
8 Florida Statutes and each supplement volume, computed on the
9 basis of one set for every 10 students enrolled during the
10 school year, based upon the average enrollment as certified by
11 the registrar; and
12 (c) One copy of each journal of the House of
13 Representatives and each journal of the Senate to each state
14 legal depository.
15 (3) It is the duty of the librarian of any depository
16 to keep all public documents in a convenient form accessible
17 to the public.
18 (4) The libraries of all community colleges are
19 designated as state depositories for the Florida Statutes and
20 supplements published by or under the authority of the state;
21 these depositories each may receive upon request one copy of
22 each volume without charge, except for payment of shipping
23 costs.
24 Section 328. Section 1006.56, Florida Statutes, is
25 created to read:
26 1006.56 Specified university publications; activities;
27 trust funds.--
28 (1) Subject to the approval of the appropriate
29 university, the Florida Law Review, the Florida State
30 University Law Review, the Florida State University Journal of
31 Land Use and Environmental Law, the University of Florida
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Journal of Law and Public Policy, and the Florida
2 International Law Journal of the University of Florida are
3 authorized to engage in the following activities relating to
4 their respective publications, notwithstanding the contrary
5 provision of any statute, rule, or regulation of the state or
6 its subdivisions or agencies:
7 (a) The grant of reprint rights relating to any or all
8 issues of the Florida Law Review, the Florida State University
9 Law Review, the Florida State University Journal of Land Use
10 and Environmental Law, the University of Florida Journal of
11 Law and Public Policy, or the Florida International Law
12 Journal of the University of Florida, or any of the materials,
13 articles, or ideas contained therein;
14 (b) The sale for adequate consideration of any or all
15 past or future stock and inventory of published issues of the
16 Florida Law Review, the Florida State University Law Review,
17 the Florida State University Journal of Land Use and
18 Environmental Law, the University of Florida Journal of Law
19 and Public Policy, or the Florida International Law Journal of
20 the University of Florida, or portions thereof; and
21 (c) The retention of the proceeds obtained under
22 paragraph (a) or paragraph (b) together with all moneys
23 received by the Florida Law Review or the Florida State
24 University Law Review from current or future subscriptions,
25 sale of individual issues, sale of advertising, binding
26 service, royalties, donations, and all other sources except
27 direct or indirect appropriations from the state, its
28 subdivisions, or agencies.
29 (2) Moneys retained by the Florida Law Review pursuant
30 to this section shall be placed in a trust fund to be known as
31 the Florida Law Review Trust Fund. Moneys retained by the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida State University Law Review pursuant to this section
2 shall be placed in a trust fund to be known as the Florida
3 State University Law Review Trust Fund. Moneys retained by the
4 Florida State University Journal of Land Use and Environmental
5 Law pursuant to this section shall be placed in a trust fund
6 to be known as the Florida State University Journal of Land
7 Use and Environmental Law Trust Fund. Moneys retained by the
8 University of Florida Journal of Law and Public Policy
9 pursuant to this section shall be placed in a trust fund to be
10 known as the University of Florida Journal of Law and Public
11 Policy Trust Fund. Moneys retained by the Florida
12 International Law Journal of the University of Florida
13 pursuant to this section shall be placed in a trust fund to be
14 known as the Florida International Law Journal of the
15 University of Florida Trust Fund. Such trust funds shall be
16 used to pay or supplement the payment of printing costs or
17 other costs incident to the publication of the respective law
18 reviews and law journals and shall be administered by the dean
19 of each college of law or his or her faculty designee.
20 (3) Printing of such publications shall be let upon
21 contract to the lowest responsive bidder, in accordance with
22 s. 283.33, except when the additional costs incurred in
23 changing from the current printer to the new low bidder exceed
24 the savings reflected in the bid prices. Such additional costs
25 shall not exceed 10 percent of the lowest bid price.
26 Section 329. Section 1006.57, Florida Statutes, is
27 created to read:
28 1006.57 Certain books furnished by Clerk of Supreme
29 Court.--
30 (1) The Clerk of the Supreme Court of the state shall
31 furnish the State Board of Education three bound copies of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 each volume of the Florida Supreme Court Reports as the same
2 are issued and published for the use of the schools of law of
3 the University of Florida, the Florida State University,
4 Florida International University, and Florida Agricultural and
5 Mechanical University.
6 (2) The Clerk of the Supreme Court shall transmit to
7 said schools of law any law books coming into his or her
8 possession for the Supreme Court which are not necessary for
9 said court. The clerk of said court shall furnish said Supreme
10 Court Reports and said surplus law books without cost to said
11 law schools.
12 Section 330. Section 1006.58, Florida Statutes, is
13 created to read:
14 1006.58 Collections management for museums and
15 galleries of state universities.--
16 (1) State universities may enter into contracts or
17 agreements with or without competitive bidding, as
18 appropriate, for the restoration of objects of art, art
19 history, or natural history in their collections or for the
20 purchase of objects of art, art history, or natural history
21 which are to be added to their collections.
22 (2) State universities may sell any art, art history,
23 or natural history object in their museum or gallery
24 collections if the university determines that it is no longer
25 appropriate for the collection. The proceeds of the sale shall
26 be deposited in the Acquisition, Restoration, and Conservation
27 Trust Fund or other appropriate trust fund of the university.
28 Each state university museum or gallery shall function
29 entirely separate from every state university museum or
30 gallery. State universities also may exchange any art, art
31 history, or natural history object which the university
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 museums or galleries judge is of equivalent or greater value
2 to their museums or galleries.
3 (3) No employee, representative, or agent of a
4 university shall receive a commission, fee, or financial
5 benefit in connection with the sale or exchange of a work of
6 art, art history, or natural history, nor may he or she be a
7 business associate of any individual, firm, or organization
8 involved in the sale or exchange.
9 (4)(a) Each university may establish an Acquisition,
10 Restoration, and Conservation Trust Fund or utilize an
11 appropriate existing trust fund.
12 (b) The president of each university may delegate the
13 following authority to the museum or gallery directors and
14 governing bodies of the museums or galleries:
15 1. To enter into contracts for the restoration or
16 purchase of art, art history, or natural history objects, with
17 or without competitive bidding, as appropriate.
18 2. To sell art, art history, or natural history
19 objects in museum or gallery collections, the proceeds of
20 which shall be deposited in the Acquisition, Restoration, and
21 Conservation Trust Fund or other appropriate existing trust
22 fund.
23 3. To exchange art, art history, or natural history
24 objects of equal or greater value with any other state
25 university.
26 Section 331. Section 1006.59, Florida Statutes, is
27 created to read:
28 1006.59 The Historically Black College and University
29 Library Improvement Program.--
30 (1) It is the intent of the Legislature to enhance the
31 quality of the libraries at Florida Agricultural and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Mechanical University, Bethune-Cookman College, Edward Waters
2 College, and Florida Memorial College.
3 (2) There is created the Historically Black College
4 and University Library Improvement Program to be administered
5 by the Department of Education. The primary objectives of the
6 program shall be to increase each library's holdings by 500 to
7 1,000 books per year, to increase library use by students and
8 faculty, and to enhance the professional growth of librarians
9 by providing inservice training. At least 50 percent of
10 library acquisitions shall be in the humanities, with the
11 balance to be in all other disciplines. It is the intent of
12 the Legislature to provide general revenue funds each year to
13 support this program.
14 (3) Each institution shall submit to the State Board
15 of Education a plan for enhancing its library through the
16 following activities:
17 (a) Each institution shall increase the number of
18 volumes by purchasing replacement books and new titles. Funds
19 shall not be used to purchase periodicals or nonprint media.
20 The goal of these purchases is to meet the needs of students
21 and faculty in disciplines that have recently been added to
22 the curriculum, in traditional academic fields that have been
23 expanded, or in academic fields in which rapid changes in
24 technology result in accelerated obsolescence of related
25 library holdings.
26 (b) A committee composed of librarians and faculty at
27 each institution shall assess the adequacy of library holdings
28 in all academic areas. The committee shall develop a list of
29 resources that need to be replaced. Based on its assessment of
30 the current collection, the committee shall develop a
31 prioritized list of recommended acquisitions and shall submit
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 such list to the college or university president.
2 Section 332. Section 1006.60, Florida Statutes, is
3 created to read:
4 1006.60 Codes of conduct; disciplinary measures;
5 rulemaking authority.--
6 (1) Each community college and state university may
7 adopt, by rule, codes of conduct and appropriate penalties for
8 violations of rules by students, to be administered by the
9 institution. Such penalties, unless otherwise provided by law,
10 may include: reprimand; restitution; fines; withholding of
11 diplomas or transcripts pending compliance with rules,
12 completion of any student judicial process or sanction, or
13 payment of fines; restrictions on the use of or removal from
14 campus facilities; community service; educational
15 requirements; and the imposition of probation, suspension,
16 dismissal, or expulsion.
17 (2) Each community college and state university may
18 adopt, by rule, a code of conduct and appropriate penalties
19 for violations of rules by student organizations, to be
20 administered by the institution. Such penalties, unless
21 otherwise provided by law, may include: reprimand;
22 restitution; suspension, cancellation, or revocation of the
23 registration or official recognition of a student
24 organization; and restrictions on the use of, or removal from,
25 campus facilities.
26 (3) Sanctions authorized by such codes of conduct may
27 be imposed only for acts or omissions in violation of rules
28 adopted by the institution, including rules adopted under this
29 section, rules of the State Board of Education, county and
30 municipal ordinances, and the laws of this state, the United
31 States, or any other state.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4) Each community college and state university may
2 establish and adopt, by rule, codes of appropriate penalties
3 for violations of rules governing student academic honesty.
4 Such penalties, unless otherwise provided by law, may include:
5 reprimand; reduction of grade; denial of academic credit;
6 invalidation of university credit or of the degree based upon
7 such credit; probation; suspension; dismissal; or expulsion.
8 In addition to any other penalties that may be imposed, an
9 individual may be denied admission or further registration,
10 and the institution may invalidate academic credit for work
11 done by a student and may invalidate or revoke the degree
12 based upon such credit if it is determined that the student
13 has made false, fraudulent, or incomplete statements in the
14 application, residence affidavit, or accompanying documents or
15 statements in connection with, or supplemental to, the
16 application for admission to or graduation from the
17 institution.
18 (5) Each community college and state university shall
19 adopt rules for the lawful discipline of any student who
20 intentionally acts to impair, interfere with, or obstruct the
21 orderly conduct, processes, and functions of the institution.
22 Said rules may apply to acts conducted on or off campus when
23 relevant to such orderly conduct, processes, and functions.
24 Section 333. Section 1006.61, Florida Statutes, is
25 created to read:
26 1006.61 Participation by students in disruptive
27 activities at public postsecondary educational institution;
28 penalties.--
29 (1) Any person who accepts the privilege extended by
30 the laws of this state of attendance at any public
31 postsecondary educational institution shall, by attending such
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Amendment No. ___ (for drafter's use only)
1 institution, be deemed to have given his or her consent to the
2 policies of that institution, the State Board of Education,
3 and the laws of this state. Such policies shall include
4 prohibition against disruptive activities at public
5 postsecondary educational institutions.
6 (2) After it has been determined that a student of a
7 state institution of higher learning has participated in
8 disruptive activities, such student may be immediately
9 expelled from the institution for a minimum of 2 years.
10 Section 334. Section 1006.62, Florida Statutes, is
11 created to read:
12 1006.62 Expulsion and discipline of students of
13 community colleges and state universities.--
14 (1) Each student in a community college or state
15 university is subject to federal and state law, respective
16 county and municipal ordinances, and all rules and regulations
17 of the State Board of Education or board of trustees of the
18 institution.
19 (2) Violation of these published laws, ordinances, or
20 rules and regulations may subject the violator to appropriate
21 action by the institution's authorities.
22 (3) Each president of a community college or state
23 university may, after notice to the student of the charges and
24 after a hearing thereon, to expel, suspend, or otherwise
25 discipline any student who is found to have violated any law,
26 ordinance, or rule or regulation of the State Board of
27 Education or of the board of trustees of the institution. A
28 student may be entitled to waiver of expulsion:
29 (a) If the student provides substantial assistance in
30 the identification, arrest, or conviction of any of his or her
31 accomplices, accessories, coconspirators, or principals or of
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 any other person engaged in violations of chapter 893 within a
2 state university or community college;
3 (b) If the student voluntarily discloses his or her
4 violations of chapter 893 prior to his or her arrest; or
5 (c) If the student commits himself or herself, or is
6 referred by the court in lieu of sentence, to a state-licensed
7 drug abuse program and successfully completes the program.
8 Section 335. Section 1006.63, Florida Statutes, is
9 created to read:
10 1006.63 Hazing prohibited.--
11 (1) As used in this section, "hazing" means any action
12 or situation that recklessly or intentionally endangers the
13 mental or physical health or safety of a student for the
14 purpose of initiation or admission into or affiliation with
15 any organization operating under the sanction of a
16 postsecondary institution. Such term includes, but is not
17 limited to, any brutality of a physical nature, such as
18 whipping, beating, branding, forced calisthenics, exposure to
19 the elements, forced consumption of any food, liquor, drug, or
20 other substance, or other forced physical activity which could
21 adversely affect the physical health or safety of the student,
22 and also includes any activity which would subject the student
23 to extreme mental stress, such as sleep deprivation, forced
24 exclusion from social contact, forced conduct which could
25 result in extreme embarrassment, or other forced activity
26 which could adversely affect the mental health or dignity of
27 the student.
28 (2) Public and nonpublic postsecondary educational
29 institutions whose students receive state student financial
30 assistance must adopt a written antihazing policy and under
31 such policy must adopt rules prohibiting students or other
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 persons associated with any student organization from engaging
2 in hazing.
3 (3) Public and nonpublic postsecondary educational
4 institutions must provide a program for the enforcement of
5 such rules and must adopt appropriate penalties for violations
6 of such rules, to be administered by the person at the
7 institution responsible for the sanctioning of such
8 organizations.
9 (a) Such penalties at community colleges and state
10 universities may include the imposition of fines; the
11 withholding of diplomas or transcripts pending compliance with
12 the rules or pending payment of fines; and the imposition of
13 probation, suspension, or dismissal.
14 (b) In the case of an organization at a community
15 college or state university which authorizes hazing in blatant
16 disregard of such rules, penalties may also include rescission
17 of permission for that organization to operate on campus
18 property or to otherwise operate under the sanction of the
19 institution.
20 (c) All penalties imposed under the authority of this
21 subsection shall be in addition to any penalty imposed for
22 violation of any of the criminal laws of this state or for
23 violation of any other rule of the institution to which the
24 violator may be subject.
25 (4) Rules adopted pursuant hereto shall apply to acts
26 conducted on or off campus whenever such acts are deemed to
27 constitute hazing.
28 (5) Upon approval of the antihazing policy of a
29 community college or state university and of the rules and
30 penalties adopted pursuant thereto, the institution shall
31 provide a copy of such policy, rules, and penalties to each
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Amendment No. ___ (for drafter's use only)
1 student enrolled in that institution and shall require the
2 inclusion of such policy, rules, and penalties in the bylaws
3 of every organization operating under the sanction of the
4 institution.
5 Section 336. Section 1006.64, Florida Statutes, is
6 created to read:
7 1006.64 Suspension and removal from office of elected
8 student government officials; referendum.--The student
9 government association of each community college and state
10 university shall establish a process to provide for the
11 removal from office of any elected student government official
12 who has been convicted of a violation of criminal law or has
13 been found civilly liable for an act of moral turpitude, after
14 all available rights of judicial appeal have been exercised or
15 waived or have expired. The process shall include a procedure
16 for the immediate suspension of the student government
17 official from elected office following the conviction or civil
18 finding and during any appeal, and shall provide for the
19 temporary successor to the subject office pending completion
20 of any appeal. The process must also include a procedure for
21 registered students to petition for a referendum recommending
22 to the student government association the removal of a student
23 official from elected office. The referendum must be held
24 within 60 days of filing of the petition. The recommendation
25 to remove the subject official from elected office shall be
26 made by majority vote of the students participating in the
27 referendum. The action of a student government association
28 under this section shall be subject to an appeal to the
29 university or community college president or designee.
30 Section 337. Section 1006.65, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1006.65 Safety issues in courses offered by public
2 postsecondary educational institutions.--
3 (1) The State Board of Education shall adopt rules to
4 ensure that policies and procedures are in place to protect
5 the health and safety of students, instructional personnel,
6 and visitors who participate in courses offered by a public
7 postsecondary educational institution.
8 (2) Such policies and procedures shall be guided by
9 industry standards for practices in the course content area
10 and shall conform with all related and relevant state and
11 federal health and safety requirements.
12 Section 338. Section 1006.66, Florida Statutes, is
13 created to read:
14 1006.66 Regulation of traffic at universities.--
15 (1) As defined under this section:
16 (a) "Traffic," when used as a noun, means the use or
17 occupancy of, and the movement in, on, or over, streets, ways,
18 walks, roads, alleys, and parking areas by vehicles,
19 pedestrians, or ridden or herded animals.
20 (b) "Adjacent municipality" means a municipality which
21 is contiguous or adjacent to, or which contains within its
22 boundaries all or part of the grounds of, a university; except
23 that, if the grounds of a university are not within or
24 contiguous to a municipality, "adjacent municipality" means
25 the county seat of the county which contains within its
26 boundaries all or part of the grounds of the university.
27 (c) "Grounds" includes all of the campus and grounds
28 of the university, whether it be the campus proper or outlying
29 or noncontiguous land of the university within the county.
30 (d) "Law enforcement officers" include municipal
31 police, patrol officers, traffic officers, sheriffs, deputies,
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 highway patrol officers, and county traffic officers assigned
2 to duty on the grounds of the university; campus police,
3 traffic officers, guards, parking patrollers, and other
4 noncommissioned personnel designated for traffic purposes by
5 the university; and other law enforcement officers as defined
6 in s. 943.10(1).
7 (e) "University traffic infraction" means a
8 noncriminal violation of university parking and traffic rules
9 which is not included under s. 318.14 or s. 318.17 or any
10 municipal ordinance, which is not punishable by incarceration,
11 and for which there is no right to trial by jury or to
12 court-appointed counsel.
13 (f) "Traffic authority" means an individual or a group
14 of individuals at each university, authorized and appointed by
15 the president of the university to adjudicate university
16 traffic infractions.
17 (2) Each university board of trustees shall adopt
18 rules that govern traffic on the grounds of the university;
19 that provide penalties for the infraction of such traffic
20 rules; and that the university finds necessary, convenient, or
21 advisable for the safety or welfare of the students, faculty
22 members, or other persons. Copies of the rules shall be posted
23 at the university on public bulletin boards where notices are
24 customarily posted, filed with the city clerk or corresponding
25 municipal or county officer, and made available to any person
26 requesting same. When adopted, the rules shall be enforceable
27 as herein provided. All ordinances of the adjacent
28 municipality relating to traffic that are not in conflict or
29 inconsistent with the traffic rules adopted by the individual
30 university shall extend and be applicable to the grounds of
31 the university. The provisions of chapter 316 shall extend and
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be applicable to the grounds of the university, and the rules
2 adopted by the individual university shall not conflict with
3 any section of that chapter.
4 (3) Any person who violates any of those rules adopted
5 by the individual institution shall be deemed to have
6 committed a university traffic infraction and shall be fined
7 or penalized as provided by the rules adopted by the
8 institution. Any person who violates any traffic regulation
9 enumerated in chapter 316 shall be charged, and the cause
10 shall proceed, in accordance with chapters 316 and 318.
11 (4) A person charged with a university traffic
12 infraction shall elect the option prescribed in paragraph (a)
13 or the option prescribed in paragraph (b). If neither option
14 is exercised within the prescribed time by the person charged
15 with a university traffic infraction, an additional fine or
16 penalty may be assessed, and shall be payable, in accordance
17 with the rules of the university.
18 (a) The person charged may pay the applicable
19 infraction fine, either by mail or in person, within the time
20 period specified in the rules of the individual university. A
21 schedule of infraction fines applicable to each university
22 shall be adopted by the university.
23 (b) The person charged may elect to appear before the
24 university traffic authority for administrative determination
25 pursuant to procedures enumerated in the rules of such
26 university.
27 (5) Each university is authorized to approve the
28 establishment of a university traffic authority to hear
29 violations of traffic rules. In such cases as come before the
30 authority, the university traffic authority shall determine
31 whether the person is guilty or not guilty of the charge. In
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the case of a finding of guilt, the authority shall, in its
2 discretion, impose an appropriate penalty pursuant to
3 subsection (3).
4 (6) This section shall provide the exclusive
5 procedures for the adjudication of university traffic
6 infractions.
7 (7) Moneys collected from parking assessments and
8 infraction fines shall be deposited in appropriate funds and
9 shall be used to defray the administrative and operating costs
10 of the traffic and parking program at the institution, to
11 provide for additional parking facilities on campus, or for
12 student loan purposes.
13 Section 339. Section 1006.67, Florida Statutes, is
14 created to read:
15 1006.67 Report of campus crime statistics and
16 assessment of physical plant safety.--
17 (1) Each postsecondary educational institution shall
18 prepare an annual report of campus crime statistics for
19 submission to the Department of Education. The data for these
20 reports may be taken from the Florida Department of Law
21 Enforcement Annual Report. The Department of Education shall
22 prescribe the format for institutional submission.
23 (2) Each postsecondary institution shall prepare a
24 report of crime statistics as reported under subsection (1)
25 for the most recent 3-year period. The report shall be updated
26 annually. The institution shall give notice that this report
27 is available upon request.
28 (3) The Commissioner of Education shall convey the
29 reports required by this section to the President of the
30 Senate and the Speaker of the House of Representatives no
31 later than March 1 of each year.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 340. Section 1006.68, Florida Statutes, is
2 created to read:
3 1006.68 HIV and AIDS policy.--Each community college
4 and state university shall develop a comprehensive policy that
5 addresses the provision of instruction, information, and
6 activities regarding human immunodeficiency virus infection
7 and acquired immune deficiency syndrome. Such instruction,
8 information, or activities shall emphasize the known modes of
9 transmission of human immunodeficiency virus infection and
10 acquired immune deficiency syndrome, signs and symptoms,
11 associated risk factors, appropriate behavior and attitude
12 change, and means used to control the spread of human
13 immunodeficiency virus infection and acquired immune
14 deficiency syndrome.
15 Section 341. Section 1006.70, Florida Statutes, is
16 created to read:
17 1006.70 Sponsorship of athletic activities similar to
18 those for which scholarships offered; rulemaking.--
19 (1) If a district school board sponsors an athletic
20 activity or sport that is similar to a sport for which a
21 community college or state university offers an athletic
22 scholarship, it must sponsor the athletic activity or sport
23 for which a scholarship is offered. This section does not
24 affect academic requirements for participation or prevent the
25 districts or community colleges from sponsoring activities in
26 addition to those for which scholarships are provided.
27 (2) If a community college sponsors an athletic
28 activity or sport that is similar to a sport for which a state
29 university offers an athletic scholarship, it must sponsor the
30 athletic activity or sport for which a scholarship is offered.
31 (3) Two athletic activities or sports that are similar
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 may be offered simultaneously.
2 (4) If the level of participation is insufficient to
3 warrant continuation of an athletic activity or sport, the
4 school may offer an alternative athletic activity or sport.
5 (5) The State Board of Education shall adopt rules to
6 administer this section, including rules that determine which
7 athletic activities are similar to sports for which public
8 postsecondary educational institutions offer scholarships.
9 Section 342. Section 1006.71, Florida Statutes, is
10 created to read:
11 1006.71 Gender equity in intercollegiate athletics.--
12 (1) GENDER EQUITY PLAN.--
13 (a) Each community college and state university shall
14 develop a gender equity plan pursuant to s. 1000.05.
15 (b) The plan shall include consideration of equity in
16 sports offerings, participation, availability of facilities,
17 scholarship offerings, and funds allocated for administration,
18 recruitment, comparable coaching, publicity and promotion, and
19 other support costs.
20 (c) The Commissioner of Education shall annually
21 assess the progress of each institution's plan and advise the
22 State Board of Education regarding compliance.
23 (d) Each board of trustees of a public community
24 college or state university shall annually evaluate the
25 presidents on the extent to which the gender equity goals have
26 been achieved.
27 (e) To determine the proper level of support for
28 women's athletic scholarships, an equity plan may determine,
29 where appropriate, that support for women's scholarships may
30 be disproportionate to the support of scholarships for men.
31 (f) If a community college or state university is not
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in compliance with Title IX of the Education Amendments of
2 1972 and the Florida Educational Equity Act, the State Board
3 of Education shall:
4 1. Declare the institution ineligible for competitive
5 state grants.
6 2. Withhold funds sufficient to obtain compliance.
7
8 The institution shall remain ineligible and the funds shall
9 not be paid until the institution comes into compliance or the
10 Commissioner of Education approves a plan for compliance.
11 (2) FUNDING.--
12 (a) An equitable portion of all separate athletic fees
13 shall be designated for women's intercollegiate athletics.
14 (b) The level of funding and percentage share of
15 support for women's intercollegiate athletics shall be
16 determined by the State Board of Education. The level of
17 funding and percentage share attained in the 1980-1981 fiscal
18 year shall be the minimum level and percentage maintained by
19 each institution, except as the State Board of Education
20 otherwise directs for the purpose of assuring equity.
21 Consideration shall be given by the State Board of Education
22 to emerging athletic programs at institutions which may not
23 have the resources to secure external funds to provide
24 athletic opportunities for women. It is the intent that the
25 effect of any redistribution of funds among institutions shall
26 not negate the requirements as set forth in this section.
27 (c) In addition to the above amount, an amount equal
28 to the sales taxes collected from admission to athletic events
29 sponsored by a state university shall be retained and utilized
30 by each university to support women's athletics.
31 (3) STATE BOARD OF EDUCATION.--The State Board of
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education shall assure equal opportunity for female athletes
2 and establish:
3 (a) Guidelines for reporting of intercollegiate
4 athletics data concerning financial, program, and facilities
5 information for review by the State Board of Education
6 annually.
7 (b) Systematic audits for the evaluation of such data.
8 (c) Criteria for determining and assuring equity.
9 Section 343. Chapter 1007, Florida Statutes, shall be
10 entitled "Articulation and Access" and shall consist of ss.
11 1007.01-1007.34.
12 Section 344. Part I of chapter 1007, Florida Statutes,
13 shall be entitled "General Provisions" and shall consist of s.
14 1007.01.
15 Section 345. Section 1007.01, Florida Statutes, is
16 created to read:
17 1007.01 Articulation; legislative intent; purpose;
18 role of the State Board of Education.--
19 (1) It is the intent of the Legislature to facilitate
20 articulation and seamless integration of the K-20 education
21 system by building and sustaining relationships among K-20
22 public organizations, between public and private
23 organizations, and between the education system as a whole and
24 Florida's communities. The purpose of building and sustaining
25 these relationships is to provide for the efficient and
26 effective progression and transfer of students within the
27 education system and to allow students to proceed toward their
28 educational objectives as rapidly as their circumstances
29 permit.
30 (2) To improve and facilitate articulation systemwide,
31 the State Board of Education shall develop policies and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 guidelines with input from statewide K-20 advisory groups
2 established by the Commissioner of Education relating to:
3 (a) The alignment between the exit requirements of one
4 system and the admissions requirements of another system into
5 which students typically transfer.
6 (b) The identification of common courses, the level of
7 courses, institutional participation in a statewide course
8 numbering system, and the transferability of credits among
9 such institutions.
10 (c) Identification of courses that meet general
11 education or common degree program prerequisite requirements
12 at public postsecondary educational institutions.
13 (d) Dual enrollment course equivalencies.
14 (e) Articulation agreements.
15 Section 346. Part II of chapter 1007, Florida
16 Statutes, shall be entitled "Articulation" and shall consist
17 of ss. 1007.21-1007.28.
18 Section 347. Section 1007.21, Florida Statutes, is
19 created to read:
20 1007.21 Readiness for postsecondary education and the
21 workplace.--
22 (1) It is the intent of the Legislature that students
23 and parents set early achievement and career goals for the
24 student's post-high school experience. This section sets forth
25 a model which schools, through their school advisory councils,
26 may choose to implement to ensure that students are ready for
27 postsecondary education and the workplace. If such a program
28 is adopted, students and their parents shall have the option
29 of participating in this model to plan the student's secondary
30 level course of study. Parents and students are to become
31 partners with school personnel in educational choice. Clear
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 academic course expectations shall be made available to all
2 students by allowing both student and parent or guardian
3 choice.
4 (2)(a) Students entering the 9th grade and their
5 parents shall be active participants in choosing an
6 end-of-high-school student destination based upon both student
7 and parent or guardian goals. Four or more destinations should
8 be available with bridges between destinations to enable
9 students to shift destinations should they choose to change
10 goals. The destinations shall accommodate the needs of
11 students served in exceptional education programs to the
12 extent appropriate for individual students. Exceptional
13 education students may continue to follow the courses outlined
14 in the district school board student progression plan.
15 Participating students and their parents shall choose among
16 destinations, which must include:
17 1. Four-year college or university, community college
18 plus university, or military academy.
19 2. Two-year postsecondary degree.
20 3. Postsecondary career and technical certificate.
21 4. Immediate employment or entry-level military.
22 (b) The student progression model toward a chosen
23 destination shall include:
24 1. A "path" of core courses leading to each of the
25 destinations provided in paragraph (a).
26 2. A recommended group of electives which shall help
27 define each path.
28 3. Provisions for a teacher, school administrator,
29 other school staff member, or community volunteer to be
30 assigned to a student as an "academic advocate" if parental or
31 guardian involvement is lacking.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) The common placement test authorized in ss.
2 1001.03(10) and 1008.30 or a similar test may be administered
3 to all high school second semester sophomores who have chosen
4 one of the four destinations. The results of the placement
5 test shall be used to target additional instructional needs in
6 reading, writing, and mathematics prior to graduation.
7 (d) Ample opportunity shall be provided for students
8 to move from one destination to another, and some latitude
9 shall exist within each destination, to meet the individual
10 needs of students.
11 (e) Destinations specified in subparagraphs (a)1., 2.,
12 and 3. shall support the goals of the Tech Prep program.
13 Students participating in Tech Prep shall be enrolled in
14 articulated, sequential programs of study that include a
15 technical component and at least a minimum of a postsecondary
16 certificate or 2-year degree.
17 (f) In order for these destinations to be attainable,
18 the business community shall be encouraged to support
19 real-world internships and apprenticeships.
20 (g) All students shall be encouraged to take part in
21 service learning opportunities.
22 (h) High school equivalency diploma preparation
23 programs shall not be a choice for high school students
24 leading to any of the four destinations provided in paragraph
25 (a) since the appropriate coursework, counseling component,
26 and career preparation cannot be ensured.
27 (i) Schools shall ensure that students and parents are
28 made aware of the destinations available and provide the
29 necessary coursework to assist the student in reaching the
30 chosen destination. Students and parents shall be made aware
31 of the student's progress toward the chosen destination.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (j) The Department of Education shall offer technical
2 assistance to school districts to ensure that the destinations
3 offered also meet the academic standards adopted by the state.
4 (3)(a) Access to Level I courses for graduation credit
5 and for pursuit of a declared destination shall be limited to
6 only those students for whom assessment indicates a more
7 rigorous course of study would be inappropriate.
8 (b) The school principal shall:
9 1. Designate a member of the existing instructional or
10 administrative staff to serve as a specialist to help
11 coordinate the use of student achievement strategies to help
12 students succeed in their coursework. The specialist shall
13 also assist teachers in integrating the academic and career
14 and technical curricula, utilizing technology, providing
15 feedback regarding student achievement, and implementing the
16 Blueprint for Career Preparation and Tech Prep programs.
17 2. Institute strategies to eliminate reading, writing,
18 and mathematics deficiencies of secondary students.
19 Section 348. Section 1007.22, Florida Statutes, is
20 created to read:
21 1007.22 Articulation; postsecondary institution
22 coordination and collaboration.--
23 (1) The university boards of trustees, community
24 college boards of trustees, and district school boards may
25 establish intrainstitutional and interinstitutional programs
26 to maximize articulation. Programs may include
27 upper-division-level courses offered at the community college,
28 distance learning, transfer agreements that facilitate the
29 transfer of credits between public and nonpublic postsecondary
30 institutions, and the concurrent enrollment of students at a
31 community college and a state university to enable students to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 take any level of baccalaureate degree coursework.
2 (2) The levels of postsecondary education shall
3 collaborate in further developing and providing articulated
4 programs in which students can proceed toward their
5 educational objectives as rapidly as their circumstances
6 permit. Time-shortened educational programs, as well as the
7 use of acceleration mechanisms, shall include, but not be
8 limited to, the International Baccalaureate, credit by
9 examination or demonstration of competency, advanced
10 placement, early admissions, and dual enrollment.
11 (3) Public postsecondary educational institutions
12 serving the same students in a geographic and service area are
13 encouraged to establish appropriate interinstitutional
14 mechanisms to achieve cooperative planning and delivery of
15 academic programs and related services, share a high-cost
16 instructional facility and equipment, coordinate credit and
17 noncredit outreach activities, have access to each other's
18 library and media holdings and services, and provide
19 cooperative campus activities and consultative relationships
20 for the discussion and resolution of interinstitutional issues
21 and problems which discourage student access or transfer.
22 (4) Public postsecondary education institutions are
23 encouraged to include independent colleges and universities
24 and industries within their service areas in mutual planning
25 of a comprehensive, complementary, cost-effective array of
26 undergraduate and beginning graduate programs of study to
27 serve that geographic area.
28 Section 349. Section 1007.23, Florida Statutes, is
29 created to read:
30 1007.23 Statewide articulation agreement.--
31 (1) The State Board of Education shall establish in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rule a statewide articulation agreement that governs:
2 (a) Articulation between secondary and postsecondary
3 education;
4 (b) Admission of associate in arts degree graduates
5 from community colleges and state universities;
6 (c) Admission of applied technology diploma program
7 graduates from community colleges or technical centers;
8 (d) Admission of associate in science degree and
9 associate in applied science degree graduates from community
10 colleges;
11 (e) The use of acceleration mechanisms, including
12 nationally standardized examinations through which students
13 may earn credit;
14 (f) General education requirements and statewide
15 course numbers as provided for in ss. 1007.24 and 1007.25; and
16 (g) Articulation among programs in nursing.
17 (2) The articulation agreement must specifically
18 provide that every associate in arts graduate of a community
19 college shall have met all general education requirements and
20 must be granted admission to the upper division of a state
21 university except to a limited access or teacher certification
22 program or a major program requiring an audition. After
23 admission has been granted to students under provisions of
24 this section and to university students who have successfully
25 completed 60 credit hours of coursework, including 36 hours of
26 general education, and met the requirements of s. 1008.29,
27 admission shall be granted to state university and community
28 college students who have successfully completed 60 credit
29 hours of work, including 36 hours of general education.
30 Community college associate in arts graduates shall receive
31 priority for admission to a state university over out-of-state
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 students. Orientation programs and student handbooks provided
2 to freshman enrollees and transfer students at state
3 universities must include an explanation of this provision of
4 the articulation agreement.
5 (3) The articulation agreement must guarantee the
6 statewide articulation of appropriate workforce development
7 programs and courses between school districts and community
8 colleges and specifically provide that every applied
9 technology diploma graduate must be granted the same amount of
10 credit upon admission to an associate in science degree or
11 associate in applied science degree program unless it is a
12 limited access program. Preference for admission must be given
13 to graduates who are residents of Florida.
14 (4) The articulation agreement must guarantee the
15 statewide articulation of appropriate courses within associate
16 in science degree programs to baccalaureate degree programs.
17 Courses within an associate in applied science degree program
18 may articulate into a baccalaureate degree program on an
19 individual or block basis as authorized in local
20 interinstitutional articulation agreements.
21 Section 350. Section 1007.235, Florida Statutes, is
22 created to read:
23 1007.235 District interinstitutional articulation
24 agreements.--
25 (1) District school superintendents and community
26 college presidents shall jointly develop and implement a
27 comprehensive articulated acceleration program for the
28 students enrolled in their respective school districts and
29 service areas. Within this general responsibility, each
30 superintendent and president shall develop a comprehensive
31 interinstitutional articulation agreement for the school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district and community college that serves the school
2 district. The district school superintendent and president
3 shall establish an articulation committee for the purpose of
4 developing this agreement. Each state university president is
5 encouraged to designate a university representative to
6 participate in the development of the interinstitutional
7 articulation agreements for each school district within the
8 university service area.
9 (2) The district interinstitutional articulation
10 agreement for each school year must be completed before high
11 school registration for the fall term of the following school
12 year. The agreement must include, but is not limited to, the
13 following components:
14 (a) A ratification or modification of all existing
15 articulation agreements.
16 (b)1. A delineation of courses and programs available
17 to students eligible to participate in dual enrollment. This
18 delineation must include a plan for the community college to
19 provide guidance services to participating students on the
20 selection of courses in the dual enrollment program. The
21 process of community college guidance should make maximum use
22 of the automated advisement system for community colleges. The
23 plan must assure that each dual enrollment student is
24 encouraged to identify a postsecondary education objective
25 with which to guide the course selection. At a minimum, each
26 student's plan should include a list of courses that will
27 result in an Applied Technology Diploma, an Associate in
28 Science degree, or an Associate in Arts degree. If the student
29 identifies a baccalaureate degree as the objective, the plan
30 must include courses that will meet the general education
31 requirements and any prerequisite requirements for entrance
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 into a selected baccalaureate degree program.
2 2. A delineation of the process by which students and
3 their parents are informed about opportunities to participate
4 in articulated acceleration programs.
5 3. A delineation of the process by which students and
6 their parents exercise their option to participate in an
7 articulated acceleration program.
8 4. A delineation of high school credits earned for
9 completion of each dual enrollment course.
10 5. Provision for postsecondary courses that meet the
11 criteria for inclusion in a district articulated acceleration
12 program to be counted toward meeting the graduation
13 requirements of s. 1003.43.
14 6. An identification of eligibility criteria for
15 student participation in dual enrollment courses and programs.
16 7. A delineation of institutional responsibilities
17 regarding student screening prior to enrollment and monitoring
18 student performance subsequent to enrollment in dual
19 enrollment courses and programs.
20 8. An identification of the criteria by which the
21 quality of dual enrollment courses and programs are to be
22 judged and a delineation of institutional responsibilities for
23 the maintenance of instructional quality.
24 9. A delineation of institutional responsibilities for
25 assuming the cost of dual enrollment courses and programs that
26 includes such responsibilities for student instructional
27 materials.
28 10. An identification of responsibility for providing
29 student transportation if the dual enrollment instruction is
30 conducted at a facility other than the high school campus.
31 11. A delineation of the process for converting
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 college credit hours earned through dual enrollment and early
2 admission programs to high school credit based on mastery of
3 course outcomes as determined by the Department of Education
4 in accordance with s. 1007.271(6).
5 (c) Mechanisms and strategies for reducing the
6 incidence of postsecondary remediation in math, reading, and
7 writing for first-time-enrolled recent high school graduates,
8 based upon the findings in the postsecondary
9 readiness-for-college report produced pursuant to s. 1008.37.
10 Each articulation committee shall annually analyze and assess
11 the effectiveness of the mechanisms toward meeting the goal of
12 reducing postsecondary remediation needs. Results of the
13 assessment shall be annually presented to participating
14 district school boards and community college boards of
15 trustees and shall include, but not be limited to:
16 1. Mechanisms currently being initiated.
17 2. An analysis of problems and corrective actions.
18 3. Anticipated outcomes.
19 4. Strategies for the better preparation of students
20 upon graduation from high school.
21 5. An analysis of costs associated with the
22 implementation of postsecondary remedial education and
23 secondary-level corrective actions.
24 6. The identification of strategies for reducing costs
25 of the delivery of postsecondary remediation for recent high
26 school graduates, including the consideration and assessment
27 of alternative instructional methods and services such as
28 those produced by private providers.
29
30 Wherever possible, public schools and community colleges are
31 encouraged to share resources, form partnerships with private
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 industries, and implement innovative strategies and mechanisms
2 such as distance learning, summer student and faculty
3 workshops, parental involvement activities, and the
4 distribution of information over the Internet.
5 (d) Mechanisms and strategies for promoting "tech
6 prep" programs of study. Such mechanisms should raise
7 awareness about the programs, promote enrollment in the
8 programs, and articulate students from a secondary portion
9 into a planned, related postsecondary portion of a sequential
10 program of study that leads to a terminal postsecondary career
11 or technical education degree or certificate.
12 (3) The district interinstitutional articulation
13 agreement shall include a plan that outlines the mechanisms
14 and strategies for improving the preparation of elementary,
15 middle, and high school teachers. Effective collaboration
16 among school districts, postsecondary institutions, and
17 practicing educators is essential to improving teaching in
18 Florida's elementary and secondary schools and consequently,
19 the retention and success of students through high school
20 graduation and into postsecondary education. Professional
21 development programs shall be developed cooperatively and
22 include curricular content which focuses upon local and state
23 needs and responds to state, national, and district policy and
24 program priorities. School districts and community colleges
25 are encouraged to develop plans which utilize new
26 technologies, address critical needs in their implementation,
27 and include both preservice and inservice initiatives.
28 (4) The district school superintendent is responsible
29 for incorporating, either directly or by reference, all dual
30 enrollment courses contained within the district
31 interinstitutional articulation agreement within the district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school board's student progression plan.
2 (5) The Department of Education shall review each
3 articulation agreement and certify the statewide course number
4 of postsecondary courses that meet each district's graduation
5 requirements.
6 (6) District school boards and community colleges may
7 enter into additional interinstitutional articulation
8 agreements with state universities for the purposes of this
9 section. School districts may also enter into
10 interinstitutional articulation agreements with eligible
11 independent colleges and universities pursuant to s.
12 1011.62(1)(i).
13 (7) State universities and community colleges may
14 enter into interinstitutional articulation agreements with
15 nonpublic secondary schools pursuant to s. 1007.271(2).
16 Section 351. Section 1007.24, Florida Statutes, is
17 created to read:
18 1007.24 Statewide course numbering system.--
19 (1) The Department of Education shall develop,
20 coordinate, and maintain a statewide course numbering system
21 for postsecondary and dual enrollment education in school
22 districts, public postsecondary educational institutions, and
23 participating nonpublic postsecondary educational institutions
24 that will improve program planning, increase communication
25 among all delivery systems, and facilitate student
26 acceleration and the transfer of students and credits between
27 public school districts, public postsecondary educational
28 institutions, and participating nonpublic educational
29 institutions. The continuing maintenance of the system shall
30 be accomplished with the assistance of appropriate faculty
31 committees representing public and participating nonpublic
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 educational institutions.
2 (2) The Commissioner of Education shall appoint
3 faculty committees representing faculties of participating
4 institutions to recommend a single level for each course,
5 including postsecondary career and technical education
6 courses, included in the statewide course numbering system.
7 (a) Any course designated as an upper-division-level
8 course must be characterized by a need for advanced academic
9 preparation and skills that a student would be unlikely to
10 achieve without significant prior coursework.
11 (b) A course that is offered as part of an associate
12 in science degree program and as an upper-division course for
13 a baccalaureate degree shall be designated for both the lower
14 and upper division.
15 (c) A course designated as lower-division may be
16 offered by any community college.
17 (3) The Commissioner of Education shall recommend to
18 the State Board of Education the levels for the courses.
19 (4) The statewide course numbering system shall
20 include the courses at the recommended levels.
21 (5) The registration process at each state university
22 and community college shall include the courses at their
23 designated levels and statewide course number.
24 (6) Nonpublic colleges and schools that are fully
25 accredited by a regional or national accrediting agency
26 recognized by the United States Department of Education and
27 are either eligible to participate in the William L. Boyd, IV,
28 Florida Resident Access Grant or have been issued a regular
29 license pursuant to s. 1005.31, may participate in the
30 statewide course numbering system pursuant to s. 1007.24.
31 Participating colleges and schools shall bear the costs
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 associated with inclusion in the system and shall meet the
2 terms and conditions for institutional participation in the
3 system. The department shall adopt a fee schedule that
4 includes the expenses incurred through data processing,
5 faculty task force travel and per diem, and staff and clerical
6 support time. Such fee schedule may differentiate between the
7 costs associated with initial course inclusion in the system
8 and costs associated with subsequent course maintenance in the
9 system. Decisions regarding initial course inclusion and
10 subsequent course maintenance must be made within 360 days
11 after submission of the required materials and fees by the
12 institution. The Department of Education may select a date by
13 which colleges must submit requests for new courses to be
14 included, and may delay review of courses submitted after that
15 date until the next year's cycle. Any college that currently
16 participates in the system, and that participated in the
17 system prior to July 1, 1986, shall not be required to pay the
18 costs associated with initial course inclusion in the system.
19 Fees collected for participation in the statewide course
20 numbering system pursuant to the provisions of this section
21 shall be deposited in the Institutional Assessment Trust Fund.
22 Any nonpublic, nonprofit college or university that is
23 eligible to participate in the statewide course numbering
24 system shall not be required to pay the costs associated with
25 participation in the system. No college or school shall
26 record student transcripts or document courses offered by the
27 college or school in accordance with this subsection unless
28 the college or school is actually participating in the system
29 pursuant to rules of the State Board of Education. Any
30 college or school deemed to be in violation of this section
31 shall be subject to the provisions of s. 1005.38.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (7) Any student who transfers among postsecondary
2 institutions that are fully accredited by a regional or
3 national accrediting agency recognized by the United States
4 Department of Education and that participate in the statewide
5 course numbering system shall be awarded credit by the
6 receiving institution for courses satisfactorily completed by
7 the student at the previous institutions. Credit shall be
8 awarded if the courses are judged by the appropriate statewide
9 course numbering system faculty committees representing school
10 districts, public postsecondary educational institutions, and
11 participating nonpublic postsecondary educational institutions
12 to be academically equivalent to courses offered at the
13 receiving institution, including equivalency of faculty
14 credentials, regardless of the public or nonpublic control of
15 the previous institution. The Department of Education shall
16 ensure that credits to be accepted by a receiving institution
17 are generated in courses for which the faculty possess
18 credentials that are comparable to those required by the
19 accrediting association of the receiving institution. The
20 award of credit may be limited to courses that are entered in
21 the statewide course numbering system. Credits awarded
22 pursuant to this subsection shall satisfy institutional
23 requirements on the same basis as credits awarded to native
24 students.
25 (8) The State Board of Education shall adopt rules
26 that provide for the conduct of regularly scheduled purges of
27 courses that are listed in the statewide course numbering
28 system but have not been taught at an institution for the
29 preceding 5 years. These rules must include waiver provisions
30 that allow course continuation if an institution has
31 reasonable cause for having not offered a course within the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 5-year limit and an expectation that the course will be
2 offered again within the following 5 years.
3 Section 352. Section 1007.25, Florida Statutes, is
4 created to read:
5 1007.25 General education courses; common
6 prerequisites; and other degree requirements.--
7 (1) The department shall identify the degree programs
8 offered by public postsecondary educational institutions.
9 (2) The department shall identify postsecondary career
10 and technical education programs offered by community colleges
11 and district school boards. The department shall also identify
12 career and technical courses designated as college credit
13 courses applicable toward a career and technical education
14 diploma or degree. Such courses must be identified within the
15 statewide course numbering system.
16 (3) The department shall identify those courses that
17 meet general education requirements within the subject areas
18 of communication, mathematics, social sciences, humanities,
19 and natural sciences. The courses shall be identified by their
20 statewide course code number. All public postsecondary
21 educational institutions shall accept these general education
22 courses.
23 (4) The department shall identify those courses
24 offered by universities and accepted for credit toward a
25 degree. The department shall identify courses designated as
26 either general education or required as a prerequisite for a
27 degree. The courses shall be identified by their statewide
28 course number.
29 (5) The department shall identify common prerequisite
30 courses and course substitutions for degree programs across
31 all institutions. Common degree program prerequisites shall be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 offered and accepted by all state universities and community
2 colleges, except in cases approved by the State Board of
3 Education pursuant to s. 1001.02(2)(x). The department shall
4 develop a centralized database containing the list of courses
5 and course substitutions that meet the prerequisite
6 requirements for each baccalaureate degree program.
7 (6) The boards of trustees of the community colleges
8 and state universities shall identify their core curricula,
9 which shall include courses required by the State Board of
10 Education. The universities and community colleges shall work
11 with their school districts to assure that high school
12 curricula coordinate with the core curricula and to prepare
13 students for college-level work. Core curricula for associate
14 in arts programs shall be adopted in rule by the State Board
15 of Education and shall include 36 semester hours of general
16 education courses in the subject areas of communication,
17 mathematics, social sciences, humanities, and natural
18 sciences.
19 (7) An associate in arts degree shall require no more
20 than 60 semester hours of college credit, including 36
21 semester hours of general education coursework. Except for
22 college-preparatory coursework required pursuant to s.
23 1008.30, all required coursework shall count toward the
24 associate in arts degree or the baccalaureate degree.
25 (8) A baccalaureate degree program shall require no
26 more than 120 semester hours of college credit, including 36
27 semester hours of general education coursework, unless prior
28 approval has been granted by the State Board of Education.
29 (9) A student who received an associate in arts degree
30 for successfully completing 60 semester credit hours may
31 continue to earn additional credits at a community college.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 The university must provide credit toward the student's
2 baccalaureate degree for an additional community college
3 course if, according to the statewide course numbering, the
4 community college course is a course listed in the university
5 catalog as required for the degree or as prerequisite to a
6 course required for the degree. Of the courses required for
7 the degree, at least half of the credit hours required for the
8 degree shall be achievable through courses designated as lower
9 division, except in degree programs approved by the State
10 Board of Education.
11 (10) Students at state universities may request
12 associate in arts certificates if they have successfully
13 completed the minimum requirements for the degree of associate
14 in arts (A.A.). The university must grant the student an
15 associate in arts degree if the student has successfully
16 completed minimum requirements for college-level communication
17 and computation skills adopted by the State Board of Education
18 and 60 academic semester hours or the equivalent within a
19 degree program area, with 36 semester hours in general
20 education courses in the subject areas of communication,
21 mathematics, social sciences, humanities, and natural
22 sciences, consistent with the general education requirements
23 specified in the articulation agreement pursuant to s.
24 1007.23.
25 (11) The Commissioner of Education shall appoint
26 faculty committees representing both community college and
27 public school faculties to recommend to the commissioner for
28 approval by the State Board of Education a standard program
29 length and appropriate occupational completion points for each
30 postsecondary career and technical certificate program,
31 diploma, and degree.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 353. Section 1007.261, Florida Statutes, is
2 created to read:
3 1007.261 State universities; admissions of
4 students.--Each university board of trustees is authorized to
5 adopt rules governing the admission of students, subject to
6 this section and rules of the State Board of Education.
7 (1) Minimum academic standards for undergraduate
8 admission to a university include:
9 (a) Each student must have received a high school
10 diploma pursuant to s. 1003.43, or its equivalent, except as
11 provided in s. 1007.271(2)-(5) or completed a home education
12 program according to s. 1002.41.
13 (b) Each student must have successfully completed a
14 college-preparatory curriculum of 19 credits, as defined in
15 rules of the State Board of Education, including at least 2
16 credits of sequential foreign language at the secondary level
17 or the equivalent of such instruction at the postsecondary
18 level. A student who completes a home education program
19 according to s. 1002.41 is not required to document completion
20 of the 19 credits required by this paragraph. A student whose
21 native language is not English is exempt from the foreign
22 language requirement, provided that the student demonstrates
23 proficiency in the native language. If a standardized test is
24 not available in the student's native language for the
25 demonstration of proficiency, the university may provide an
26 alternative method of assessment. The State Board of Education
27 shall adopt rules for the articulation of foreign language
28 competency and equivalency between secondary and postsecondary
29 institutions. A student who received an associate in arts
30 degree prior to September 1, 1989, or who enrolled in a
31 program of studies leading to an associate degree from a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 community college prior to August 1, 1989, and maintains
2 continuous enrollment shall be exempt from this admissions
3 requirement.
4 (c) Each student must have submitted a test score from
5 the Scholastic Assessment Test of the College Entrance
6 Examination Board or the American College Testing Program.
7 (2) The minimum admission standards adopted by the
8 State Board of Education or a university board of trustees
9 must permit a student to earn at least 4 of the 19 credits
10 constituting the college-preparatory curriculum required for
11 admission as electives in any one of the following manners:
12 (a) Successful completion of any course identified in
13 the Department of Education course code directory as level two
14 or higher in one or more of the following subject areas:
15 English, mathematics, natural science, social science, and
16 foreign language;
17 (b) Successful completion of any course identified in
18 the Department of Education course code directory as level
19 three in the same or related disciplines;
20 (c) Any combination of the courses identified in
21 paragraphs (a) and (b); or
22 (d) Successful completion of two credits from the
23 courses identified in paragraph (a), plus no more than two
24 total credits from the following categories of courses:
25 1. Courses identified in the Department of Education
26 course code directory as ROTC and military training;
27 2. Courses identified in the Department of Education
28 course code directory as level two in art-visual arts, dance,
29 drama-theatre arts, language arts, or music; or
30 3. Any additional courses determined to be equivalent
31 by the Department of Education.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) Each university may admit a limited number of
2 students notwithstanding the admission requirements of
3 paragraph (1)(b) relating to credits in foreign language, if
4 there is evidence that the applicant is expected to do
5 successful academic work at the admitting university. The
6 percent of applicants admitted under this subsection may not
7 exceed a level established for the university by the State
8 Board of Education. Any lower-division student admitted
9 without meeting the foreign language requirement must earn
10 such credits prior to admission to the upper division of a
11 state university. Any associate in arts degree graduate from a
12 community college or university in Florida, or other
13 upper-division transfer student, admitted without meeting the
14 foreign language requirement, must earn such credits prior to
15 graduation from a state university. Students shall be exempt
16 from the provisions of this subsection if they can demonstrate
17 proficiency in American sign language equivalent to that of
18 students who have completed two credits of such instruction in
19 high school.
20 (4) Nonresident students may be admitted to the
21 university upon such terms as the university may establish.
22 However, such terms shall include, but shall not be limited
23 to: completion of a secondary school curriculum which
24 includes 4 years of English; 3 years each of mathematics,
25 science, and social sciences; and 2 years of a foreign
26 language.
27 (5) Within the admission standards provided for in
28 subsection (1), the State Board of Education shall develop
29 procedures for weighting courses which are necessary to meet
30 the requirements of a college-preparatory curriculum at a
31 higher value than less rigorous courses. Credits received in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 such courses shall be given greater value in determining
2 admission by universities than cumulative grade point averages
3 in high school.
4 (6) Consideration shall be given to the past actions
5 of any person applying for admission as a student to any state
6 university, either as a new applicant, an applicant for
7 continuation of studies, or a transfer student, when such
8 actions have been found to disrupt or interfere with the
9 orderly conduct, processes, functions, or programs of any
10 other university, college, or community college.
11 (7) In any application for admission by a student as a
12 citizen of the state, the applicant, if 18 years of age, or,
13 if a minor, his or her parents or guardian shall make and file
14 with such application a written statement under oath that such
15 applicant is a citizen and resident of the state and entitled,
16 as such, to admission upon the terms and conditions prescribed
17 for citizens and residents of the state.
18 (8) Rules of the State Board of Education shall
19 require the use of scores on tests of college-level
20 communication and computation skills provided in s. 1008.29 as
21 a condition for admission of students to upper-division
22 instructional programs from community colleges, including
23 those who have been awarded associate in arts degrees. Use of
24 such test scores as an admission requirement shall extend
25 equally and uniformly to students enrolled in lower divisions
26 in a state university and to transfer students from other
27 colleges and universities. The tests shall be required for
28 community college students seeking associate in arts degrees
29 and students seeking admission to upper-division instructional
30 programs in a state university. The use of test scores prior
31 to August 1, 1984, shall be limited to student counseling and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 curriculum improvement.
2 (9) For the purposes of this section, American sign
3 language constitutes a foreign language. Florida high schools
4 may offer American sign language as a for-credit elective or
5 as a substitute for any already authorized foreign language
6 requirement.
7 (10) A Florida resident who is denied admission as an
8 undergraduate to a state university for failure to meet the
9 high school grade point average requirement may appeal the
10 decision to the university and request a recalculation of the
11 grade point average including in the revised calculation the
12 grades earned in up to three credits of advanced fine arts
13 courses. The university shall provide the student with a
14 description of the appeals process at the same time as
15 notification of the admissions decision. The university shall
16 recalculate the student's grade point average using the
17 additional courses and advise the student of any changes in
18 the student's admission status. For purposes of this section,
19 fine arts courses include courses in music, drama, painting,
20 sculpture, speech, debate, or a course in any art form that
21 requires manual dexterity. Advanced level fine arts courses
22 include fine arts courses identified in the course code
23 directory as Advanced Placement, pre-International
24 Baccalaureate, or International Baccalaureate, or fine arts
25 courses taken in the third or fourth year of a fine arts
26 curriculum.
27 Section 354. Section 1007.262, Florida Statutes, is
28 created to read:
29 1007.262 Foreign language competence; equivalence
30 determinations.--The Department of Education shall identify
31 the competencies demonstrated by students upon the successful
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 completion of 2 credits of sequential high school foreign
2 language instruction. For the purpose of determining
3 postsecondary equivalence pursuant to s. 1007.261(1)(b), the
4 department shall develop rules through which community
5 colleges correlate such competencies to the competencies
6 required of students in the colleges' respective courses.
7 Based on this correlation, each community college shall
8 identify the minimum number of postsecondary credits that
9 students must earn in order to demonstrate a level of
10 competence in a foreign language at least equivalent to that
11 of students who have completed 2 credits of such instruction
12 in high school. The department may also specify alternative
13 means by which students can demonstrate equivalent foreign
14 language competence, including means by which a student whose
15 native language is not English may demonstrate proficiency in
16 the native language. A student who demonstrates proficiency in
17 a native language other than English is exempt from the
18 requirement of completing foreign language courses at the
19 secondary or postsecondary level.
20 Section 355. Section 1007.263, Florida Statutes, is
21 created to read:
22 1007.263 Community colleges; admissions of
23 students.--Each community college board of trustees is
24 authorized to adopt rules governing admissions of students
25 subject to this section and rules of the State Board of
26 Education. These rules shall include the following:
27 (1) Admissions counseling shall be provided to all
28 students entering college credit programs, which counseling
29 shall utilize tests to measure achievement of college-level
30 communication and computation competencies by all students
31 entering college credit programs.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) Admission to associate degree programs is subject
2 to minimum standards adopted by the State Board of Education
3 and shall require:
4 (a) A standard high school diploma, a high school
5 equivalency diploma as prescribed in s. 1003.435, previously
6 demonstrated competency in college credit postsecondary
7 coursework, or, in the case of a student who is home educated,
8 a signed affidavit submitted by the student's parent or legal
9 guardian attesting that the student has completed a home
10 education program pursuant to the requirements of s. 1002.41.
11 Students who are enrolled in a dual enrollment or early
12 admission program pursuant to ss. 1007.27 and 1007.271 and
13 secondary students enrolled in college-level instruction
14 creditable toward the associate degree, but not toward the
15 high school diploma, shall be exempt from this requirement.
16 (b) A demonstrated level of achievement of
17 college-level communication and computation skills.
18 (c) Any other requirements established by the board of
19 trustees.
20 (3) Admission to other programs within the community
21 college shall include education requirements as established by
22 the board of trustees.
23
24 Each board of trustees shall establish policies that notify
25 students about, and place students into, adult basic
26 education, adult secondary education, or other instructional
27 programs that provide students with alternatives to
28 traditional college-preparatory instruction, including private
29 provider instruction. A student is prohibited from enrolling
30 in additional college-level courses until the student scores
31 above the cut-score on all sections of the common placement
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 test.
2 Section 356. Section 1007.264, Florida Statutes, is
3 created to read:
4 1007.264 Impaired and learning disabled persons;
5 admission and graduation, substitute requirements; rules.--Any
6 person who is hearing impaired, visually impaired, or
7 dyslexic, or who has a specific learning disability, shall be
8 eligible for reasonable substitution for any requirement for
9 admission into a public postsecondary educational institution,
10 admission into a program of study, or graduation, where
11 documentation can be provided that the person's failure to
12 meet the requirement is related to the disability and where
13 the failure to meet the graduation requirement or program
14 admission requirement does not constitute a fundamental
15 alteration in the nature of the program. The State Board of
16 Education shall adopt rules to implement this section and
17 shall develop substitute requirements where appropriate.
18 Section 357. Section 1007.27, Florida Statutes, is
19 created to read:
20 1007.27 Articulated acceleration mechanisms.--
21 (1) It is the intent of the Legislature that a variety
22 of articulated acceleration mechanisms be available for
23 secondary and postsecondary students attending public
24 educational institutions. It is intended that articulated
25 acceleration serve to shorten the time necessary for a student
26 to complete the requirements associated with the conference of
27 a high school diploma and a postsecondary degree, broaden the
28 scope of curricular options available to students, or increase
29 the depth of study available for a particular subject.
30 Articulated acceleration mechanisms shall include, but not be
31 limited to, dual enrollment as provided for in s. 1007.271,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 early admission, advanced placement, credit by examination,
2 the International Baccalaureate Program, and the Advanced
3 International Certificate of Education Program. Credit earned
4 through the Florida Virtual School shall provide additional
5 opportunities for early graduation and acceleration.
6 (2) The Department of Education shall identify the
7 minimum scores, maximum credit, and course or courses for
8 which credit is to be awarded for each College Level
9 Examination Program (CLEP) general examination, CLEP subject
10 examination, College Board Advanced Placement Program
11 examination, and International Baccalaureate examination. In
12 addition, the department shall identify such courses in the
13 general education core curriculum of each state university and
14 community college.
15 (3) Each community college and state university must
16 award credit for specific courses for which competency has
17 been demonstrated by successful passage of one of the
18 examinations in subsection (2) unless the award of credit
19 duplicates credit already awarded. Community colleges and
20 state universities may not exempt students from courses
21 without the award of credit if competencies have been so
22 demonstrated.
23 (4) It is the intent of the Legislature to provide
24 articulated acceleration mechanisms for students who are in
25 home education programs, as defined in s. 1003.01(11),
26 consistent with the educational opportunities available to
27 public and private secondary school students. Home education
28 students may participate in dual enrollment, career and
29 technical dual enrollment, early admission, and credit by
30 examination. Credit earned by home education students through
31 dual enrollment shall apply toward the completion of a home
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education program that meets the requirements of s. 1002.41.
2 (5) Early admission shall be a form of dual enrollment
3 through which eligible secondary students enroll in a
4 postsecondary institution on a full-time basis in courses that
5 are creditable toward the high school diploma and the
6 associate or baccalaureate degree. Students enrolled pursuant
7 to this subsection shall be exempt from the payment of
8 registration, matriculation, and laboratory fees.
9 (6) Advanced placement shall be the enrollment of an
10 eligible secondary student in a course offered through the
11 Advanced Placement Program administered by the College Board.
12 Postsecondary credit for an advanced placement course shall be
13 limited to students who score a minimum of 3, on a 5-point
14 scale, on the corresponding Advanced Placement Examination.
15 The specific courses for which students receive such credit
16 shall be determined by the department. Students of Florida
17 public secondary schools enrolled pursuant to this subsection
18 shall be exempt from the payment of any fees for
19 administration of the examination regardless of whether or not
20 the student achieves a passing score on the examination.
21 (7) Credit by examination shall be the program through
22 which secondary and postsecondary students generate
23 postsecondary credit based on the receipt of a specified
24 minimum score on nationally standardized general or
25 subject-area examinations. For the purpose of statewide
26 application, such examinations and the corresponding minimum
27 scores required for an award of credit shall be delineated by
28 the State Board of Education in the statewide articulation
29 agreement. The maximum credit generated by a student pursuant
30 to this subsection shall be mitigated by any related
31 postsecondary credit earned by the student prior to the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 administration of the examination. This subsection shall not
2 preclude community colleges and universities from awarding
3 credit by examination based on student performance on
4 examinations developed within and recognized by the individual
5 postsecondary institutions.
6 (8) The International Baccalaureate Program shall be
7 the curriculum in which eligible secondary students are
8 enrolled in a program of studies offered through the
9 International Baccalaureate Program administered by the
10 International Baccalaureate Office. The State Board of
11 Education shall establish rules which specify the cutoff
12 scores and International Baccalaureate Examinations which will
13 be used to grant postsecondary credit at community colleges
14 and universities. Any such rules, which have the effect of
15 raising the required cutoff score or of changing the
16 International Baccalaureate Examinations which will be used to
17 grant postsecondary credit, shall only apply to students
18 taking International Baccalaureate Examinations after such
19 rules are adopted by the State Board of Education. Students
20 shall be awarded a maximum of 30 semester credit hours
21 pursuant to this subsection. The specific course for which a
22 student receives such credit shall be determined by the
23 department. Students enrolled pursuant to this subsection
24 shall be exempt from the payment of any fees for
25 administration of the examinations regardless of whether or
26 not the student achieves a passing score on the examination.
27 (9) The Advanced International Certificate of
28 Education Program shall be the curriculum in which eligible
29 secondary students are enrolled in a program of studies
30 offered through the Advanced International Certificate of
31 Education Program administered by the University of Cambridge
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Local Examinations Syndicate. The State Board of Education
2 shall establish rules which specify the cutoff scores and
3 Advanced International Certificate of Education examinations
4 which will be used to grant postsecondary credit at community
5 colleges and universities. Any such rules, which have the
6 effect of raising the required cutoff score or of changing the
7 Advanced International Certification of Education examinations
8 which will be used to grant postsecondary credit, shall apply
9 to students taking Advanced International Certificate of
10 Education Examinations after such rules are adopted by the
11 State Board of Education. Students shall be awarded a maximum
12 of 30 semester credit hours pursuant to this subsection. The
13 specific course for which a student receives such credit shall
14 be determined by the community college or university that
15 accepts the student for admission. Students enrolled pursuant
16 to this subsection shall be exempt from the payment of any
17 fees for administration of the examinations regardless of
18 whether or not the student achieves a passing score on the
19 examination.
20 (10) Any student who earns 9 or more credits from one
21 or more of the acceleration mechanisms provided for in this
22 section is exempt from any requirement of a public
23 postsecondary educational institution mandating enrollment
24 during a summer term.
25 Section 358. Section 1007.271, Florida Statutes, is
26 created to read:
27 1007.271 Dual enrollment programs.--
28 (1) The dual enrollment program is the enrollment of
29 an eligible secondary student or home education student in a
30 postsecondary course creditable toward a career and technical
31 certificate or an associate or baccalaureate degree.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) For the purpose of this section, an eligible
2 secondary student is a student who is enrolled in a Florida
3 public secondary school or in a Florida private secondary
4 school which is in compliance with s. 1002.42(2) and conducts
5 a secondary curriculum pursuant to s. 1003.43. Students
6 enrolled in postsecondary instruction that is not creditable
7 toward the high school diploma shall not be classified as dual
8 enrollments. Students who are eligible for dual enrollment
9 pursuant to this section shall be permitted to enroll in dual
10 enrollment courses conducted during school hours, after school
11 hours, and during the summer term. Instructional time for such
12 enrollment may exceed 900 hours; however, the school district
13 may only report the student for a maximum of 1.0 FTE, as
14 provided in s. 1011.61(4). Any student so enrolled is exempt
15 from the payment of registration, matriculation, and
16 laboratory fees. Vocational-preparatory instruction,
17 college-preparatory instruction and other forms of
18 precollegiate instruction, as well as physical education
19 courses that focus on the physical execution of a skill rather
20 than the intellectual attributes of the activity, are
21 ineligible for inclusion in the dual enrollment program.
22 Recreation and leisure studies courses shall be evaluated
23 individually in the same manner as physical education courses
24 for potential inclusion in the program.
25 (3) The Department of Education shall adopt guidelines
26 designed to achieve comparability across school districts of
27 both student qualifications and teacher qualifications for
28 dual enrollment courses. Student qualifications must
29 demonstrate readiness for college-level coursework if the
30 student is to be enrolled in college courses. Student
31 qualifications must demonstrate readiness for career and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 technical-level coursework if the student is to be enrolled in
2 career and technical courses. In addition to the common
3 placement examination, student qualifications for enrollment
4 in college credit dual enrollment courses must include a 3.0
5 unweighted grade point average, and student qualifications for
6 enrollment in career and technical certificate dual enrollment
7 courses must include a 2.0 unweighted grade point average.
8 Exceptions to the required grade point averages may be granted
9 if the educational entities agree and the terms of the
10 agreement are contained within the dual enrollment
11 interinstitutional articulation agreement. Community college
12 boards of trustees may establish additional admissions
13 criteria, which shall be included in the district
14 interinstitutional articulation agreement developed according
15 to s. 1007.235, to ensure student readiness for postsecondary
16 instruction. Additional requirements included in the agreement
17 shall not arbitrarily prohibit students who have demonstrated
18 the ability to master advanced courses from participating in
19 dual enrollment courses. District school boards may not refuse
20 to enter into an agreement with a local community college if
21 that community college has the capacity to offer dual
22 enrollment courses.
23 (4) Career and technical dual enrollment shall be
24 provided as a curricular option for secondary students to
25 pursue in order to earn a series of elective credits toward
26 the high school diploma. However, career and technical dual
27 enrollment shall not supplant student acquisition of the
28 diploma. Career and technical dual enrollment shall be
29 available for secondary students seeking a degree or
30 certificate from a complete job-preparatory program, but shall
31 not sustain student enrollment in isolated career and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 technical courses. It is the intent of the Legislature that
2 career and technical dual enrollment reflect the interests and
3 aptitudes of the student. The provision of a comprehensive
4 academic and career and technical dual enrollment program
5 within the area technical center or community college is
6 supportive of legislative intent; however, such provision is
7 not mandatory.
8 (5) Each district school board shall inform all
9 secondary students of dual enrollment as an educational option
10 and mechanism for acceleration. Students shall be informed of
11 eligibility criteria, the option for taking dual enrollment
12 courses beyond the regular school year, and the 24 minimum
13 academic credits required for graduation. District school
14 boards shall annually assess the demand for dual enrollment
15 and other advanced courses, and the district school board
16 shall consider strategies and programs to meet that demand.
17 (6) The Commissioner of Education shall appoint
18 faculty committees representing public school, community
19 college, and university faculties to identify postsecondary
20 courses that meet the high school graduation requirements of
21 s. 1003.43, and to establish the number of postsecondary
22 semester credit hours of instruction and equivalent high
23 school credits earned through dual enrollment pursuant to s.
24 1007.271 that are necessary to meet high school graduation
25 requirements. Such equivalencies shall be determined solely on
26 comparable course content and not on seat time traditionally
27 allocated to such courses in high school. The Commissioner of
28 Education shall recommend to the State Board of Education
29 those courses identified to meet high school graduation
30 requirements, based on mastery of course outcomes, by their
31 statewide course number, and all high schools shall accept
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 these postsecondary education courses toward meeting the
2 requirements of s. 1003.43.
3 (7) Early admission shall be a form of dual enrollment
4 through which eligible secondary students enroll in a
5 postsecondary institution on a full-time basis in courses that
6 are creditable toward the high school diploma and the
7 associate or baccalaureate degree. Students enrolled pursuant
8 to this subsection shall be exempt from the payment of
9 registration, matriculation, and laboratory fees.
10 (8) Career and technical early admission is a form of
11 career and technical dual enrollment through which eligible
12 secondary students enroll full time in an area technical
13 center or a community college in courses that are creditable
14 toward the high school diploma and the certificate or
15 associate degree. Participation in the career and technical
16 early admission program shall be limited to students who have
17 completed a minimum of 6 semesters of full-time secondary
18 enrollment, including studies undertaken in the ninth grade.
19 Students enrolled pursuant to this section are exempt from the
20 payment of registration, matriculation, and laboratory fees.
21 (9) The State Board of Education shall adopt rules for
22 any dual enrollment programs involving requirements for high
23 school graduation.
24 (10)(a) The dual enrollment program for home education
25 students consists of the enrollment of an eligible home
26 education secondary student in a postsecondary course
27 creditable toward an associate degree, a career or technical
28 certificate, or a baccalaureate degree. To participate in the
29 dual enrollment program, an eligible home education secondary
30 student must:
31 1. Provide proof of enrollment in a home education
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 program pursuant to s. 1002.41.
2 2. Be responsible for his or her own instructional
3 materials and transportation unless provided for otherwise.
4 (b) Each technical center, community college, and
5 state university shall:
6 1. Delineate courses and programs for dually enrolled
7 home education students. Courses and programs may be added,
8 revised, or deleted at any time.
9 2. Identify eligibility criteria for home education
10 student participation, not to exceed those required of other
11 dually enrolled students.
12 (11) The Department of Education shall approve any
13 course for inclusion in the dual enrollment program that is
14 contained within the statewide course numbering system.
15 However, college-preparatory and other forms of precollegiate
16 instruction, and physical education and other courses that
17 focus on the physical execution of a skill rather than the
18 intellectual attributes of the activity, may not be so
19 approved, but must be evaluated individually for potential
20 inclusion in the dual enrollment program.
21 (12) The Department of Education shall develop a
22 statement on transfer guarantees which will inform students,
23 prior to enrollment in a dual enrollment course, of the
24 potential for the dual enrollment course to articulate as an
25 elective or a general education course into a postsecondary
26 education certificate or degree program. The statement shall
27 be provided to each district school superintendent, who shall
28 include the statement in the information provided to all
29 secondary students as required pursuant to this subsection.
30 The statement may also include additional information,
31 including, but not limited to, dual enrollment options,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 guarantees, privileges, and responsibilities.
2 (13) It is the intent of the Legislature that students
3 who meet the eligibility requirements of this subsection and
4 who choose to participate in dual enrollment programs be
5 exempt from the payment of registration, matriculation, and
6 laboratory fees.
7 (14) Instructional materials assigned for use within
8 dual enrollment courses shall be made available to dual
9 enrollment students from Florida public high schools free of
10 charge. This subsection shall not be construed to prohibit a
11 community college from providing instructional materials at no
12 cost to a home education student or student from a private
13 school. Students enrolled in postsecondary instruction not
14 creditable toward a high school diploma shall not be
15 considered dual enrollments and shall be required to assume
16 the cost of instructional materials necessary for such
17 instruction.
18 (15) Instructional materials purchased by a district
19 school board or community college board of trustees on behalf
20 of dual enrollment students shall be the property of the board
21 against which the purchase is charged.
22 (16) School districts and community colleges must
23 weigh college-level dual enrollment courses the same as honors
24 courses and advanced placement courses when grade point
25 averages are calculated. Alternative grade calculation or
26 weighting systems that discriminate against dual enrollment
27 courses are prohibited.
28 (17) The Commissioner of Education may approve dual
29 enrollment agreements for limited course offerings that have
30 statewide appeal. Such programs shall be limited to a single
31 site with multiple county participation.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 359. Section 1007.272, Florida Statutes, is
2 created to read:
3 1007.272 Joint dual enrollment and advanced placement
4 instruction.--
5 (1) Each school district, community college, and state
6 university may conduct advanced placement instruction within
7 dual enrollment courses. Each joint dual enrollment and
8 advanced placement course shall be incorporated within and
9 subject to the provisions of the district interinstitutional
10 articulation agreement pursuant to s. 1007.235. Such agreement
11 shall certify that each joint dual enrollment and advanced
12 placement course integrates, at a minimum, the course
13 structure recommended by the College Board and the structure
14 that corresponds to the common course number.
15 (2) Each student enrolled in a joint dual enrollment
16 and advanced placement course may be funded pursuant to either
17 the dual enrollment or advanced placement formula specified in
18 s. 1011.62; however, no student shall be funded through both
19 programs for enrollment in a course provided through this
20 section. The district school board reporting enrollments for
21 such courses shall utilize the funding formula that more
22 closely approximates the cost of conducting the course. No
23 student shall be reported for advanced placement funding who
24 fails to meet the examination requirement for such funding.
25 (3) Postsecondary credit for student completion of a
26 joint dual enrollment and advanced placement course shall be
27 awarded, based on the stated preference of the student, as
28 either dual enrollment or advanced placement credit; however,
29 an award of advanced placement credit shall be limited to
30 students who score a minimum of 3, on a 5-point scale, on the
31 Advanced Placement Examination. No student shall claim double
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 credit based on the completion of a single joint dual
2 enrollment and advanced placement course, nor shall any
3 student enrolled pursuant to this section be required to
4 complete the Advanced Placement Examination.
5 Section 360. Section 1007.28, Florida Statutes, is
6 created to read:
7 1007.28 Computer-assisted student advising
8 system.--The State Board of Education shall establish and
9 maintain within the Department of Education a single,
10 statewide computer-assisted student advising system, which
11 must be an integral part of the process of advising,
12 registering, and certifying students for graduation. It is
13 intended that an advising system be the primary advising and
14 tracking tool for students enrolled in public postsecondary
15 educational institutions and be accessible to all Florida
16 students. The state universities and community colleges shall
17 interface institutional systems with the computer-assisted
18 advising system required by this section. The State Board of
19 Education shall prescribe by rule the roles and
20 responsibilities of the department, the state universities,
21 and the community colleges in the design, implementation,
22 promotion, development, and analysis of the system. The system
23 shall consist of a degree audit and an articulation component
24 that includes the following characteristics:
25 (1) The system shall constitute an integral part of
26 the process of advising students and assisting them in course
27 selection. The system shall be accessible to students in the
28 following ways:
29 (a) A student must be able to access the system, at
30 any time, to identify course options that will meet the
31 requirements of a selected path toward a degree.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) A status report from the system shall be generated
2 and sent with each grade report to each student enrolled in
3 public postsecondary educational institutions with a declared
4 major.
5 (2) The system shall be an integral part of the
6 registration process at public postsecondary educational
7 institutions. As part of the process, the system shall:
8 (a) Provide reports that document each student's
9 status toward completion of a degree.
10 (b) Verify that a student has completed requirements
11 for graduation.
12 (3) The system must provide students information
13 related to career descriptions and corresponding educational
14 requirements, admissions requirements, and available sources
15 of student financial assistance. Such advising must enable
16 students to examine their interests and aptitudes for the
17 purpose of curricular and career planning.
18 (4) The system must provide management information to
19 decisionmakers, including information relating student
20 enrollment patterns and course demands to plans for
21 corresponding course offerings and information useful in
22 planning the student registration process.
23 Section 361. Part III of chapter 1007, Florida
24 Statutes, shall be entitled "Access to Postsecondary
25 Education" and shall consist of ss. 1007.31-1007.34.
26 Section 362. Section 1007.31, Florida Statutes, is
27 created to read:
28 1007.31 Limited access programs.--
29 (1) The State Board of Education shall establish
30 criteria for assigning limited access status to an educational
31 program and a process for the periodic review of such programs
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 so that a university board of trustees can determine the need
2 for retention or removal of limited access status.
3 (2) Each university board of trustees shall monitor
4 limited access programs within the university and conduct
5 periodic reviews of such programs to determine the need for
6 retention or removal of the limited access status.
7 Section 363. Section 1007.32, Florida Statutes, is
8 created to read:
9 1007.32 Transfer students.--
10 (1) Each university shall provide registration
11 opportunities for transfer students that allow such students
12 access to high demand courses comparable to that provided
13 native students.
14 (2) Each university that provides an orientation
15 program for freshman enrollees shall also provide orientation
16 programs for transfer students.
17 Section 364. Section 1007.33, Florida Statutes, is
18 created to read:
19 1007.33 Site-determined baccalaureate degree access.--
20 (1) The Legislature recognizes that public and private
21 postsecondary educational institutions play essential roles in
22 improving the quality of life and economic well-being of the
23 state and its residents. The Legislature also recognizes that
24 economic development needs and the educational needs of
25 place-bound, nontraditional students have increased the demand
26 for local access to baccalaureate degree programs. In some,
27 but not all, geographic regions, baccalaureate degree programs
28 are being delivered successfully at the local community
29 college through agreements between the community college and
30 4-year postsecondary institutions within or outside of the
31 state. It is therefore the intent of the Legislature to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 further expand access to baccalaureate degree programs through
2 the use of community colleges.
3 (2) A community college may enter into a formal
4 agreement pursuant to the provisions of s. 1007.22 for the
5 delivery of specified baccalaureate degree programs.
6 (3) A community college may develop a proposal to
7 deliver specified baccalaureate degree programs in its
8 district to meet local workforce needs. The proposal must be
9 submitted to the State Board of Education for approval. The
10 community college's proposal must include the following
11 information:
12 (a) Demand for the baccalaureate degree program is
13 identified by the workforce development board, local
14 businesses and industry, local chambers of commerce, and
15 potential students.
16 (b) Substantiation of the unmet need for graduates of
17 the proposed degree program is substantiated.
18 (c) Evidence that the community college has the
19 facilities and academic resources to cost-effectively deliver
20 the program.
21 (d) Documentation of any efforts to offer the
22 specified baccalaureate program through cooperative
23 arrangements with other institutions.
24 (e) Documentation of any formal agreements with
25 institutions to deliver specified baccalaureate programs.
26
27 The proposal must be submitted to the Council for Education
28 Policy Research and Improvement for review and comment. Upon
29 approval of the State Board of Education for the specific
30 degree program or programs, the community college shall pursue
31 regional accreditation by the Commission on Colleges of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Southern Association of Colleges and Schools. Any additional
2 baccalaureate degree programs the community college wishes to
3 offer must be approved by the State Board of Education.
4 (4) A community college may not terminate its
5 associate in arts or associate in science degree programs as a
6 result of the authorization provided in subsection (3). The
7 Legislature intends that the primary mission of a community
8 college, including a community college that offers
9 baccalaureate degree programs, continues to be the provision
10 of associate degrees that provide access to a university.
11 Section 365. Section 1007.34, Florida Statutes, is
12 created to read:
13 1007.34 College reach-out program.--
14 (1) There is established a college reach-out program
15 to increase the number of low-income educationally
16 disadvantaged students in grades 6-12 who, upon high school
17 graduation, are admitted to and successfully complete
18 postsecondary education. Participants should be students who
19 otherwise would be unlikely to seek admission to a community
20 college, state university, or independent postsecondary
21 institution without special support and recruitment efforts.
22 The State Board of Education shall adopt rules that provide
23 for the following:
24 (a) Definition of "low-income educationally
25 disadvantaged student."
26 (b) Specific criteria and guidelines for selection of
27 college reach-out participants.
28 (2) In developing the definition for "low-income
29 educationally disadvantaged student," the State Board of
30 Education shall include such factors as: the family's taxable
31 income; family receipt of temporary cash assistance in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 preceding year; family receipt of public assistance in the
2 preceding year; the student's cumulative grade point average;
3 the student's promotion and attendance patterns; the student's
4 performance on state standardized tests; the student's
5 enrollment in mathematics and science courses; and the
6 student's participation in a dropout prevention program.
7 (3) To participate in the college reach-out program, a
8 postsecondary educational institution may submit a proposal to
9 the Department of Education. The State Board of Education
10 shall consider the proposals and determine which proposals to
11 implement as programs that will strengthen the educational
12 motivation and preparation of low-income educationally
13 disadvantaged students.
14 (4) Postsecondary educational institutions that
15 participate in the program must provide procedures for
16 continuous contact with students from the point at which they
17 are selected for participation until they enroll in a
18 postsecondary educational institution. These procedures must
19 assist students in selecting courses required for graduation
20 from high school and admission to a postsecondary educational
21 institution and ensure that students continue to participate
22 in program activities. Institutions that participate must
23 provide on-campus academic and advisory activities during
24 summer vacation and provide opportunities for interacting with
25 college and university students as mentors, tutors, or role
26 models. Proposals submitted by universities and consortia
27 involving universities must provide students with an
28 opportunity to live on campus.
29 (5) In selecting proposals for approval, the State
30 Board of Education shall give preference to:
31 (a) Proposals submitted jointly by two or more
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
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1 eligible postsecondary educational institutions.
2 (b) A program that will use institutional, federal, or
3 private resources to supplement state appropriations.
4 (c) An applicant that has demonstrated success in
5 conducting similar programs.
6 (d) A program that includes innovative approaches,
7 provides a great variety of activities, and includes a large
8 percentage of low-income educationally disadvantaged minority
9 students in the college reach-out program.
10 (e) An applicant that demonstrates commitment to the
11 program by proposing to match the grant funds at least
12 one-to-one in cash or services, with cash being the preferred
13 match.
14 (f) An applicant that demonstrates an interest in
15 cultural diversity and that addresses the unmet regional needs
16 of varying communities.
17 (6) A participating postsecondary educational
18 institution is encouraged to use its resources to meet program
19 objectives. A participating postsecondary educational
20 institution must establish an advisory committee composed of
21 high school and middle school personnel, as well as community
22 leaders, to provide advice and assistance in implementing its
23 program.
24 (7) A proposal must contain the following information:
25 (a) A statement of purpose that includes a description
26 of the need for, and the results expected from, the proposed
27 program.
28 (b) An identification of the service area that names
29 the schools to be served, provides community and school
30 demographics, and sets forth the postsecondary enrollment
31 rates of high school graduates within the area.
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1 (c) An identification of existing programs for
2 enhancing the academic performance of minority and low-income
3 educationally disadvantaged students for enrollment in
4 postsecondary education.
5 (d) A description of the proposed program that
6 describes criteria to be used to identify schools for
7 participation in the program. At least 60 percent of the
8 students recruited in any one year must be in grades 6-9.
9 (e) A description of the program activities that must
10 support the following goals:
11 1. Motivate students to pursue a postsecondary
12 education.
13 2. Enhance students' basic learning skills and
14 performance.
15 3. Strengthen students' and parents' understanding of
16 the benefits of postsecondary education.
17 4. Foster academic, personal, and career development
18 through supplemental instruction.
19 (f) An evaluation component that provides for the
20 collection, maintenance, retrieval, and analysis of the data
21 required by this paragraph. The data must be used to assess
22 the extent to which programs have accomplished specific
23 objectives and achieved the goals of the college reach-out
24 program. The Department of Education shall develop
25 specifications and procedures for the collection and
26 transmission of the data. The annual project evaluation
27 component must contain:
28 1. The student identification number and social
29 security number, if available; the name of the public school
30 attended; gender; ethnicity; grade level; and grade point
31 average of each participant at the time of entry into the
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 program.
2 2. The grade point average, grade, and promotion
3 status of each of the participants in the program at the end
4 of the academic year and any suspension or expulsion of a
5 participant, if applicable.
6 3. The number and percentage of high school
7 participants who satisfactorily complete 2 sequential years of
8 a foreign language and Level 2 and 3 mathematics and science
9 courses.
10 4. The number and percentage of participants eligible
11 for high school graduation who receive a standard high school
12 diploma or a high school equivalency diploma, pursuant to s.
13 229.814.
14 5. The number and percentage of 12th grade
15 participants who are accepted for enrollment and who enroll in
16 a postsecondary educational institution.
17 6. The number of participants who receive
18 scholarships, grant aid, and work-study awards.
19 7. The number and percentage of participants who
20 enroll in a public postsecondary educational institution and
21 who fail to achieve a passing score, as defined in State Board
22 of Education rule, on college placement tests pursuant to s.
23 1008.30.
24 8. The number and percentage of participants who
25 enroll in a postsecondary educational institution and have a
26 minimum cumulative 2.0 grade point average on a 4.0 scale by
27 the end of the second semester.
28 9. The number of disabled students participating in
29 the project and the nature of their disabilities.
30 (8) Proposals must be funded competitively in
31 accordance with the following methodology:
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 (a) The funds appropriated must be distributed to
2 projects on the basis of minimum standards that include:
3 1. A summer residency program of at least 1 week in
4 duration.
5 2. A minimum number of hours of academic instructional
6 and developmental activities, career counseling, and personal
7 counseling.
8 (b) Subject to legislative appropriations,
9 continuation projects that satisfy the minimum requirements
10 should have their funds increased each year by the same
11 percentage as the rate of inflation. Projects funded for 3
12 consecutive years should have a cumulative institutional cash
13 match of not less than 50 percent of the total cost of the
14 project over the 3-year period. Any college reach-out program
15 project operating for 3 years which does not provide the
16 minimum 50-percent institutional cash match must not be
17 considered for continued funding.
18 (9) The Commissioner of Education shall appoint an
19 advisory council to review the proposals and recommend to the
20 State Board of Education an order of priority for funding the
21 proposals.
22 (10) On or before February 15 of each year, each
23 participating institution shall submit to the Department of
24 Education an interim report containing program expenditures
25 and participant information as required in State Board of
26 Education rules.
27 (11) On or before November 1 of each year,
28 postsecondary educational institutions participating in the
29 program shall submit to the Department of Education an
30 end-of-the-year report on the effectiveness of their
31 participation in the program. The end-of-the-year report must
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 include, without limitation:
2 (a) A copy of the certificate-of-expenditures form
3 showing expenditures by category, state grant funds, and
4 institutional matching in cash and in-kind services.
5 (b) A listing of students participating in the program
6 by grade level, gender, and race.
7 (c) A statement of how the program addresses the four
8 program goals identified in paragraph (7)(e).
9 (d) A brief description and analysis of program
10 characteristics and activities critical to program success.
11 (e) A description of the cooperation received from
12 other units or organizations.
13 (f) An explanation of the program's outcomes,
14 including data related to student performance on the measures
15 provided for in paragraph (7)(f).
16 (12) By February 15 of each year, the Department of
17 Education shall submit to the President of the Senate, the
18 Speaker of the House of Representatives, the Commissioner of
19 Education, and the Governor a report that evaluates the
20 effectiveness of the college reach-out program. To the extent
21 feasible, the performance of college reach-out program
22 participants must be compared to the performance of comparable
23 cohorts of students in public school and postsecondary
24 education.
25 (13) Funding for the college reach-out program shall
26 be provided in the General Appropriations Act.
27 Section 366. Chapter 1008, Florida Statutes, shall be
28 entitled "Assessment and Accountability" and shall consist of
29 ss. 1008.01-1008.51.
30 Section 367. Part I of chapter 1008, Florida Statutes,
31 shall be entitled "Assessment, K-20" and shall consist of ss.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1008.21-1008.30.
2 Section 368. Effective upon this act becoming a law,
3 section 1008.21, Florida Statutes, is created to read:
4 1008.21 School readiness uniform screening
5 (kindergarten).--
6 (1) The Department of Education shall implement the
7 school readiness uniform screening developed by the Florida
8 Partnership for School Readiness, and shall require that all
9 school districts administer the kindergarten uniform screening
10 to each kindergarten student in the district school system
11 upon the student's entry into kindergarten.
12 (2)(a) The Department of Education shall implement the
13 school readiness uniform screening to validate the system
14 recommended by the Florida Partnership for School Readiness as
15 part of a comprehensive evaluation design. Beginning with the
16 2002-2003 school year, the department shall require that all
17 school districts administer the school readiness uniform
18 screening to each kindergarten student in the district school
19 system upon the student's entry into kindergarten. Children
20 who enter public school for the first time in first grade must
21 be administered the school readiness uniform screening adopted
22 for use in first grade. The department shall incorporate
23 school readiness data into the K-20 data warehouse for
24 longitudinal tracking.
25 (b) The uniform screening shall provide objective data
26 regarding the following expectations for school readiness
27 which shall include, at a minimum:
28 1. The child's immunizations and other health
29 requirements as necessary, including appropriate vision and
30 hearing screening and examinations.
31 2. The child's physical development.
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1 3. The child's compliance with rules, limitations, and
2 routines.
3 4. The child's ability to perform tasks.
4 5. The child's interactions with adults.
5 6. The child's interactions with peers.
6 7. The child's ability to cope with challenges.
7 8. The child's self-help skills.
8 9. The child's ability to express his or her needs.
9 10. The child's verbal communication skills.
10 11. The child's problem-solving skills.
11 12. The child's ability to follow verbal directions.
12 13. The child's demonstration of curiosity,
13 persistence, and exploratory behavior.
14 14. The child's interest in books and other printed
15 materials.
16 15. The child's ability to pay attention to stories.
17 16. The child's participation in art and music
18 activities.
19 17. The child's ability to identify colors, geometric
20 shapes, letters of the alphabet, numbers, and spatial and
21 temporal relationships.
22 Section 369. Section 1008.22, Florida Statutes, is
23 created to read:
24 1008.22 Student assessment program for public
25 schools.--
26 (1) PURPOSE.--The primary purposes of the student
27 assessment program are to provide information needed to
28 improve the public schools by enhancing the learning gains of
29 all students and to inform parents of the educational progress
30 of their public school children. The program must be designed
31 to:
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Amendment No. ___ (for drafter's use only)
1 (a) Assess the annual learning gains of each student
2 toward achieving the Sunshine State Standards appropriate for
3 the student's grade level.
4 (b) Provide data for making decisions regarding school
5 accountability and recognition.
6 (c) Identify the educational strengths and needs of
7 students and the readiness of students to be promoted to the
8 next grade level or to graduate from high school with a
9 standard high school diploma.
10 (d) Assess how well educational goals and performance
11 standards are met at the school, district, and state levels.
12 (e) Provide information to aid in the evaluation and
13 development of educational programs and policies.
14 (f) Provide information on the performance of Florida
15 students compared with others across the United States.
16 (2) NATIONAL EDUCATION COMPARISONS.--It is Florida's
17 intent to participate in the measurement of national
18 educational goals. The Commissioner of Education shall direct
19 Florida school districts to participate in the administration
20 of the National Assessment of Educational Progress, or a
21 similar national assessment program, both for the national
22 sample and for any state-by-state comparison programs which
23 may be initiated. Such assessments must be conducted using
24 the data collection procedures, the student surveys, the
25 educator surveys, and other instruments included in the
26 National Assessment of Educational Progress or similar program
27 being administered in Florida. The results of these
28 assessments shall be included in the annual report of the
29 Commissioner of Education specified in this section. The
30 administration of the National Assessment of Educational
31 Progress or similar program shall be in addition to and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 separate from the administration of the statewide assessment
2 program.
3 (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner
4 shall design and implement a statewide program of educational
5 assessment that provides information for the improvement of
6 the operation and management of the public schools, including
7 schools operating for the purpose of providing educational
8 services to youth in Department of Juvenile Justice programs.
9 Pursuant to the statewide assessment program, the commissioner
10 shall:
11 (a) Submit to the State Board of Education a list that
12 specifies student skills and competencies to which the goals
13 for education specified in the state plan apply, including,
14 but not limited to, reading, writing, science, and
15 mathematics. The skills and competencies must include
16 problem-solving and higher-order skills as appropriate and
17 shall be known as the Sunshine State Standards as defined in
18 s. 1000.21. The commissioner shall select such skills and
19 competencies after receiving recommendations from educators,
20 citizens, and members of the business community. The
21 commissioner shall submit to the State Board of Education
22 revisions to the list of student skills and competencies in
23 order to maintain continuous progress toward improvements in
24 student proficiency.
25 (b) Develop and implement a uniform system of
26 indicators to describe the performance of public school
27 students and the characteristics of the public school
28 districts and the public schools. These indicators must
29 include, without limitation, information gathered by the
30 comprehensive management information system created pursuant
31 to s. 1008.385 and student achievement information obtained
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pursuant to this section.
2 (c) Develop and implement a student achievement
3 testing program known as the Florida Comprehensive Assessment
4 Test (FCAT) as part of the statewide assessment program, to be
5 administered annually in grades 3 through 10 to measure
6 reading, writing, science, and mathematics. Other content
7 areas may be included as directed by the commissioner. The
8 testing program must be designed so that:
9 1. The tests measure student skills and competencies
10 adopted by the State Board of Education as specified in
11 paragraph (a). The tests must measure and report student
12 proficiency levels in reading, writing, mathematics, and
13 science. The commissioner shall provide for the tests to be
14 developed or obtained, as appropriate, through contracts and
15 project agreements with private vendors, public vendors,
16 public agencies, postsecondary educational institutions, or
17 school districts. The commissioner shall obtain input with
18 respect to the design and implementation of the testing
19 program from state educators and the public.
20 2. The testing program will include a combination of
21 norm-referenced and criterion-referenced tests and include, to
22 the extent determined by the commissioner, questions that
23 require the student to produce information or perform tasks in
24 such a way that the skills and competencies he or she uses can
25 be measured.
26 3. Each testing program, whether at the elementary,
27 middle, or high school level, includes a test of writing in
28 which students are required to produce writings that are then
29 scored by appropriate methods.
30 4. A score is designated for each subject area tested,
31 below which score a student's performance is deemed
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 inadequate. The school districts shall provide appropriate
2 remedial instruction to students who score below these levels.
3 5. Students must earn a passing score on the grade 10
4 assessment test described in this paragraph in reading,
5 writing, and mathematics to qualify for a regular high school
6 diploma. The State Board of Education shall designate a
7 passing score for each part of the grade 10 assessment test.
8 In establishing passing scores, the state board shall consider
9 any possible negative impact of the test on minority students.
10 All students who took the grade 10 FCAT during the 2000-2001
11 school year shall be required to earn the passing scores in
12 reading and mathematics established by the State Board of
13 Education for the March 2001 test administration. Such
14 students who did not earn the established passing scores and
15 must repeat the grade 10 FCAT are required to earn the passing
16 scores established for the March 2001 test administration.
17 All students who take the grade 10 FCAT for the first time in
18 March 2002 and thereafter shall be required to earn the
19 passing scores in reading and mathematics established by the
20 State Board of Education for the March 2002 test
21 administration. The State Board of Education shall adopt
22 rules which specify the passing scores for the grade 10 FCAT.
23 Any such rules, which have the effect of raising the required
24 passing scores, shall only apply to students taking the grade
25 10 FCAT after such rules are adopted by the State Board of
26 Education.
27 6. Participation in the testing program is mandatory
28 for all students attending public school, including students
29 served in Department of Juvenile Justice programs, except as
30 otherwise prescribed by the commissioner. If a student does
31 not participate in the statewide assessment, the district must
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 notify the student's parent and provide the parent with
2 information regarding the implications of such
3 nonparticipation. If modifications are made in the student's
4 instruction to provide accommodations that would not be
5 permitted on the statewide assessment tests, the district must
6 notify the student's parent of the implications of such
7 instructional modifications. A parent must provide signed
8 consent for a student to receive instructional modifications
9 that would not be permitted on the statewide assessments and
10 must acknowledge in writing that he or she understands the
11 implications of such accommodations. The State Board of
12 Education shall adopt rules, based upon recommendations of the
13 commissioner, for the provision of test accommodations and
14 modifications of procedures as necessary for students in
15 exceptional education programs and for students who have
16 limited English proficiency. Accommodations that negate the
17 validity of a statewide assessment are not allowable.
18 7. A student seeking an adult high school diploma must
19 meet the same testing requirements that a regular high school
20 student must meet.
21 8. District school boards must provide instruction to
22 prepare students to demonstrate proficiency in the skills and
23 competencies necessary for successful grade-to-grade
24 progression and high school graduation. If a student is
25 provided with accommodations or modifications that are not
26 allowable in the statewide assessment program, as described in
27 the test manuals, the district must inform the parent in
28 writing and must provide the parent with information regarding
29 the impact on the student's ability to meet expected
30 proficiency levels in reading, writing, and math. The
31 commissioner shall conduct studies as necessary to verify that
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the required skills and competencies are part of the district
2 instructional programs.
3 9. The Department of Education must develop, or
4 select, and implement a common battery of assessment tools
5 that will be used in all juvenile justice programs in the
6 state. These tools must accurately measure the skills and
7 competencies established in the Florida Sunshine State
8 Standards.
9
10 The commissioner may design and implement student testing
11 programs, for any grade level and subject area, necessary to
12 effectively monitor educational achievement in the state.
13 (d) Conduct ongoing research to develop improved
14 methods of assessing student performance, including, without
15 limitation, the use of technology to administer tests, score,
16 or report the results of, the use of electronic transfer of
17 data, the development of work-product assessments, and the
18 development of process assessments.
19 (e) Conduct ongoing research and analysis of student
20 achievement data, including, without limitation, monitoring
21 trends in student achievement, identifying school programs
22 that are successful, and analyzing correlates of school
23 achievement.
24 (f) Provide technical assistance to school districts
25 in the implementation of state and district testing programs
26 and the use of the data produced pursuant to such programs.
27 (4) DISTRICT TESTING PROGRAMS.--Each district school
28 board shall periodically assess student performance and
29 achievement within each school of the district. The assessment
30 programs must be based upon local goals and objectives that
31 are compatible with the state plan for education and that
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 supplement the skills and competencies adopted by the State
2 Board of Education. All school districts must participate in
3 the statewide assessment program designed to measure annual
4 student learning and school performance. All district school
5 boards shall report assessment results as required by the
6 state management information system.
7 (5) SCHOOL TESTING PROGRAMS.--Each public school shall
8 participate in the statewide assessment program, unless
9 specifically exempted by state board rule based on serving a
10 specialized population for which standardized testing is not
11 appropriate. Student performance data shall be analyzed and
12 reported to parents, the community, and the state. Student
13 performance data shall be used in developing objectives of the
14 school improvement plan, evaluation of instructional
15 personnel, evaluation of administrative personnel, assignment
16 of staff, allocation of resources, acquisition of
17 instructional materials and technology, performance-based
18 budgeting, and promotion and assignment of students into
19 educational programs. The analysis of student performance data
20 also must identify strengths and needs in the educational
21 program and trends over time. The analysis must be used in
22 conjunction with the budgetary planning processes developed
23 pursuant to s. 1008.385 and the development of the programs of
24 remediation.
25 (6) REQUIRED ANALYSES.--The commissioner shall
26 provide, at a minimum, for the following analyses of data
27 produced by the student achievement testing program:
28 (a) The statistical system for the annual assessments
29 shall use measures of student learning, such as the FCAT, to
30 determine teacher, school, and school district statistical
31 distributions, which shall be determined using available data
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 from the FCAT, and other data collection as deemed appropriate
2 by the Department of Education, to measure the differences in
3 student prior year achievement compared to the current year
4 achievement for the purposes of accountability and
5 recognition.
6 (b) The statistical system shall provide the best
7 estimates of teacher, school, and school district effects on
8 student progress. The approach used by the department shall be
9 approved by the commissioner before implementation.
10 (c) The annual testing program shall be administered
11 to provide for valid statewide comparisons of learning gains
12 to be made for purposes of accountability and recognition. The
13 commissioner shall establish a schedule for the administration
14 of the statewide assessments. In establishing such schedule,
15 the commissioner is charged with the duty to accomplish the
16 latest possible administration of the statewide assessments
17 and the earliest possible provision of the results to the
18 school districts feasible within available technology and
19 specific appropriation. District school boards shall not
20 establish school calendars that jeopardize or limit the valid
21 testing and comparison of student learning gains.
22 (7) LOCAL ASSESSMENTS.--Measurement of the learning
23 gains of students in all subjects and grade levels other than
24 subjects and grade levels required for the state student
25 achievement testing program is the responsibility of the
26 school districts.
27 (8) APPLICABILITY OF TESTING STANDARDS.--A student
28 must meet the testing requirements for high school graduation
29 that were in effect at the time the student entered 9th grade,
30 provided the student's enrollment was continuous.
31 (9) RULES.--The State Board of Education shall adopt
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rules pursuant to ss. 120.536(1) and 120.54 to implement the
2 provisions of this section.
3 Section 370. Section 1008.23, Florida Statutes, is
4 created to read:
5 1008.23 Confidentiality of assessment
6 instruments.--All examination and assessment instruments,
7 including developmental materials and workpapers directly
8 related thereto, which are prepared, prescribed, or
9 administered pursuant to ss. 1003.43, 1008.22, and 1008.25
10 shall be confidential and exempt from the provisions of s.
11 119.07(1) and from s. 1001.52. Provisions governing access,
12 maintenance, and destruction of such instruments and related
13 materials shall be prescribed by rules of the State Board of
14 Education.
15 Section 371. Section 1008.24, Florida Statutes, is
16 created to read:
17 1008.24 Test security.--
18 (1) It is unlawful for anyone knowingly and willfully
19 to violate test security rules adopted by the State Board of
20 Education for mandatory tests administered by or through the
21 State Board of Education or the Commissioner of Education to
22 students, educators, or applicants for certification or
23 administered by school districts pursuant to s. 1008.22, or,
24 with respect to any such test, knowingly and willfully to:
25 (a) Give examinees access to test questions prior to
26 testing;
27 (b) Copy, reproduce, or use in any manner inconsistent
28 with test security rules all or any portion of any secure test
29 booklet;
30 (c) Coach examinees during testing or alter or
31 interfere with examinees' responses in any way;
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1 (d) Make answer keys available to examinees;
2 (e) Fail to follow security rules for distribution and
3 return of secure test as directed, or fail to account for all
4 secure test materials before, during, and after testing;
5 (f) Fail to follow test administration directions
6 specified in the test administration manuals; or
7 (g) Participate in, direct, aid, counsel, assist in,
8 or encourage any of the acts prohibited in this section.
9 (2) Any person who violates this section commits a
10 misdemeanor of the first degree, punishable as provided in s.
11 775.082 or s. 775.083.
12 (3) A district school superintendent, a president of a
13 public postsecondary educational institution, or a president
14 of a nonpublic postsecondary educational institution shall
15 cooperate with the Commissioner of Education in any
16 investigation concerning the administration of a test
17 administered pursuant to state statute or rule.
18 Section 372. Section 1008.25, Florida Statutes, is
19 created to read:
20 1008.25 Public school student progression; remedial
21 instruction; reporting requirements.--
22 (1) INTENT.--It is the intent of the Legislature that
23 each student's progression from one grade to another be
24 determined, in part, upon proficiency in reading, writing,
25 science, and mathematics; that district school board policies
26 facilitate such proficiency; and that each student and his or
27 her parent be informed of that student's academic progress.
28 (2) COMPREHENSIVE PROGRAM.--Each district school board
29 shall establish a comprehensive program for student
30 progression which must include:
31 (a) Standards for evaluating each student's
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1 performance, including how well he or she masters the
2 performance standards approved by the State Board of
3 Education.
4 (b) Specific levels of performance in reading,
5 writing, science, and mathematics for each grade level,
6 including the levels of performance on statewide assessments
7 as defined by the commissioner, below which a student must
8 receive remediation, or be retained within an intensive
9 program that is different from the previous year's program and
10 that takes into account the student's learning style.
11 (c) Appropriate alternative placement for a student
12 who has been retained 2 or more years.
13 (3) ALLOCATION OF RESOURCES.--District school boards
14 shall allocate remedial and supplemental instruction resources
15 to students in the following priority:
16 (a) Students who are deficient in reading by the end
17 of grade 3.
18 (b) Students who fail to meet performance levels
19 required for promotion consistent with the district school
20 board's plan for student progression required in paragraph
21 (2)(b).
22 (4) ASSESSMENT AND REMEDIATION.--
23 (a) Each student must participate in the statewide
24 assessment tests required by s. 1008.22. Each student who does
25 not meet specific levels of performance as determined by the
26 district school board in reading, writing, science, and
27 mathematics for each grade level, or who does not meet
28 specific levels of performance as determined by the
29 commissioner on statewide assessments at selected grade
30 levels, must be provided with additional diagnostic
31 assessments to determine the nature of the student's
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HOUSE AMENDMENT
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1 difficulty and areas of academic need.
2 (b) The school in which the student is enrolled must
3 develop, in consultation with the student's parent, and must
4 implement an academic improvement plan designed to assist the
5 student in meeting state and district expectations for
6 proficiency. Beginning with the 2002-2003 school year, if the
7 student has been identified as having a deficiency in reading,
8 the academic improvement plan shall identify the student's
9 specific areas of deficiency in phonemic awareness, phonics,
10 fluency, comprehension, and vocabulary; the desired levels of
11 performance in these areas; and the instructional and support
12 services to be provided to meet the desired levels of
13 performance. Schools shall also provide for the frequent
14 monitoring of the student's progress in meeting the desired
15 levels of performance. District school boards shall assist
16 schools and teachers to implement research-based reading
17 activities that have been shown to be successful in teaching
18 reading to low-performing students. Remedial instruction
19 provided during high school may not be in lieu of English and
20 mathematics credits required for graduation.
21 (c) Upon subsequent evaluation, if the documented
22 deficiency has not been remediated in accordance with the
23 academic improvement plan, the student may be retained. Each
24 student who does not meet the minimum performance expectations
25 defined by the Commissioner of Education for the statewide
26 assessment tests in reading, writing, science, and mathematics
27 must continue to be provided with remedial or supplemental
28 instruction until the expectations are met or the student
29 graduates from high school or is not subject to compulsory
30 school attendance.
31 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.--
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1 (a) It is the ultimate goal of the Legislature that
2 every student read at or above grade level. Any student who
3 exhibits a substantial deficiency in reading, based upon
4 locally determined or statewide assessments conducted in
5 kindergarten or grade 1, grade 2, or grade 3, or through
6 teacher observations, must be given intensive reading
7 instruction immediately following the identification of the
8 reading deficiency. The student's reading proficiency must be
9 reassessed by locally determined assessments or through
10 teacher observations at the beginning of the grade following
11 the intensive reading instruction. The student must continue
12 to be provided with intensive reading instruction until the
13 reading deficiency is remedied.
14 (b) Beginning with the 2002-2003 school year, if the
15 student's reading deficiency, as identified in paragraph (a),
16 is not remedied by the end of grade 3, as demonstrated by
17 scoring at Level 2 or higher on the statewide assessment test
18 in reading for grade 3, the student must be retained.
19 (c) Beginning with the 2002-2003 school year, the
20 parent of any student who exhibits a substantial deficiency in
21 reading, as described in paragraph (a), must be notified in
22 writing of the following:
23 1. That his or her child has been identified as having
24 a substantial deficiency in reading.
25 2. A description of the current services that are
26 provided to the child.
27 3. A description of the proposed supplemental
28 instructional services and supports that will be provided to
29 the child that are designed to remediate the identified area
30 of reading deficiency.
31 4. That if the child's reading deficiency is not
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HOUSE AMENDMENT
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1 remediated by the end of grade 3, the child must be retained
2 unless he or she is exempt from mandatory retention for good
3 cause.
4 (6) ELIMINATION OF SOCIAL PROMOTION.--
5 (a) No student may be assigned to a grade level based
6 solely on age or other factors that constitute social
7 promotion.
8 (b) The district school board may only exempt students
9 from mandatory retention, as provided in paragraph (5)(b), for
10 good cause. Good cause exemptions shall be limited to the
11 following:
12 1. Limited English proficient students who have had
13 less than 2 years of instruction in an English for Speakers of
14 Other Languages program.
15 2. Students with disabilities whose individual
16 education plan indicates that participation in the statewide
17 assessment program is not appropriate, consistent with the
18 requirements of State Board of Education rule.
19 3. Students who demonstrate an acceptable level of
20 performance on an alternative standardized reading assessment
21 approved by the State Board of Education.
22 4. Students who demonstrate, through a student
23 portfolio, that the student is reading on grade level as
24 evidenced by demonstration of mastery of the Sunshine State
25 Standards in reading equal to at least a Level 2 performance
26 on the FCAT.
27 5. Students with disabilities who participate in the
28 FCAT and who have an individual education plan or a Section
29 504 plan that reflects that the student has received the
30 intensive remediation in reading, as required by paragraph
31 (4)(b), for more than 2 years but still demonstrates a
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Amendment No. ___ (for drafter's use only)
1 deficiency in reading and was previously retained in
2 kindergarten, grade 1, or grade 2.
3 6. Students who have received the intensive
4 remediation in reading as required by paragraph (4)(b) for 2
5 or more years but still demonstrate a deficiency in reading
6 and who were previously retained in kindergarten, grade 1, or
7 grade 2 for a total of 2 years. Intensive reading instruction
8 for students so promoted must include an altered instructional
9 day based upon an academic improvement plan that includes
10 specialized diagnostic information and specific reading
11 strategies for each student. The district school board shall
12 assist schools and teachers to implement reading strategies
13 that research has shown to be successful in improving reading
14 among low performing readers.
15 (c) Requests for good cause exemptions for students
16 from the mandatory retention requirement as described in
17 subparagraphs (b)3. and 4. shall be made consistent with the
18 following:
19 1. Documentation shall be submitted from the student's
20 teacher to the school principal that indicates that the
21 promotion of the student is appropriate and is based upon the
22 student's academic record. In order to minimize paperwork
23 requirements, such documentation shall consist only of the
24 existing academic improvement plan, individual educational
25 plan, if applicable, report card, or student portfolio.
26 2. The school principal shall review and discuss such
27 recommendation with the teacher and make the determination as
28 to whether the student should be promoted or retained. If the
29 school principal determines that the student should be
30 promoted, the school principal shall make such recommendation
31 in writing to the district school superintendent. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district school superintendent shall accept or reject the
2 school principal's recommendation in writing.
3 (7) ANNUAL REPORT.--
4 (a) In addition to the requirements in paragraph
5 (5)(b), each district school board must annually report to the
6 parent of each student the progress of the student towards
7 achieving state and district expectations for proficiency in
8 reading, writing, science, and mathematics. The district
9 school board must report to the parent the student's results
10 on each statewide assessment test. The evaluation of each
11 student's progress must be based upon the student's classroom
12 work, observations, tests, district and state assessments, and
13 other relevant information. Progress reporting must be
14 provided to the parent in writing in a format adopted by the
15 district school board.
16 (b) Beginning with the 2001-2002 school year, each
17 district school board must annually publish in the local
18 newspaper, and report in writing to the State Board of
19 Education by September 1 of each year, the following
20 information on the prior school year:
21 1. The provisions of this section relating to public
22 school student progression and the district school board's
23 policies and procedures on student retention and promotion.
24 2. By grade, the number and percentage of all students
25 in grades 3 through 10 performing at Levels 1 and 2 on the
26 reading portion of the FCAT.
27 3. By grade, the number and percentage of all students
28 retained in grades 3 through 10.
29 4. Information on the total number of students who
30 were promoted for good cause, by each category of good cause
31 as specified in paragraph (6)(b).
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 5. Any revisions to the district school board's policy
2 on student retention and promotion from the prior year.
3 (8) STATE BOARD AUTHORITY AND RESPONSIBILITIES.--
4 (a) The State Board of Education shall have authority
5 as provided in s. 1008.32 to enforce this section.
6 (b) The State Board of Education shall adopt rules
7 pursuant to ss. 120.536(1) and 120.54 for the administration
8 of this section.
9 (9) TECHNICAL ASSISTANCE.--The department shall
10 provide technical assistance as needed to aid district school
11 boards in administering this section.
12 Section 373. Section 1008.29, Florida Statutes, is
13 created to read:
14 1008.29 College-level communication and mathematics
15 skills examination (CLAST).--
16 (1) It is the intent of the Legislature that the
17 examination of college-level communication and mathematics
18 skills provided in s. 1008.345(3) serve as a mechanism for
19 students to demonstrate that they have mastered the academic
20 competencies prerequisite to upper-division undergraduate
21 instruction. It is further intended that the examination
22 serve as both a summative evaluation instrument prior to
23 student enrollment in upper-division programs and as a source
24 of information for student advisers. It is not intended that
25 student passage of the examination supplant the need for a
26 student to complete the general education curriculum
27 prescribed by an institution.
28 (2) Public postsecondary educational institutions
29 shall administer a minimum of two administrations, one of
30 which may consist of an alternative administration, of the
31 college-level communication and computation skills examination
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 per academic term. Such administrations shall be available to
2 all lower-division students seeking associate in arts or
3 baccalaureate degrees upon completion of at least 18 semester
4 hours or the equivalent. Public postsecondary educational
5 institutions shall report at a minimum the examination scores
6 of all students tested at each administration of the
7 college-level communication and computation skills
8 examination.
9 (3) No public postsecondary educational institution
10 shall confer an associate in arts or baccalaureate degree upon
11 any student who fails to complete successfully the examination
12 of college-level communication and computation skills.
13 Students who received their associate in arts degree prior to
14 September 1, 1982, shall be exempt from the provisions of this
15 subsection.
16 (4) The State Board of Education, by rule, shall set
17 the minimum scores that constitute successful completion of
18 the examination. In establishing the minimum scores that
19 constitute successful completion of the examination, the State
20 Board of Education shall consider any possible negative impact
21 of the tests on minority students. Determinations regarding a
22 student's successful completion of the examination shall be
23 based on the minimum standards prescribed by rule for the date
24 the student initially takes the examination.
25 (5) Any student who, in the best professional opinion
26 of the university, has a specific learning disability such
27 that the student can not demonstrate successful completion of
28 one or more sections of the college-level communication and
29 computation skills examination and is achieving at the college
30 level in every area except that of the disability, and whose
31 diagnosis indicates that further remediation will not succeed
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in overcoming the disability, may appeal through the
2 appropriate dean to a committee appointed by the president or
3 vice president for academic affairs for special consideration.
4 The committee shall examine the evidence of the student's
5 academic and medical records and may hear testimony relevant
6 to the case. The committee may grant a waiver for one or more
7 sections of the college-level communication and computation
8 skills examination based on the results of its review.
9 (6) Each public postsecondary educational institution
10 president shall establish a committee to consider requests for
11 waivers from the provisions of subsection (3). The committee
12 shall be chaired by the chief academic officer of the
13 institution and shall have four additional members appointed
14 by the president: a member of the mathematics department, a
15 member of the English department, the institutional test
16 administrator, and a fourth faculty member from a department
17 other than English or mathematics. Any student who has taken a
18 subtest of the examination required by this section at least
19 four times and has not achieved a passing score, but has
20 otherwise demonstrated proficiency in coursework in the same
21 subject area, may request a waiver from that particular
22 subtest. Waivers shall be considered only after students have
23 been provided test accommodations or other administrative
24 adjustments to permit the accurate measurement of the
25 student's proficiency in the subject areas measured by the
26 examination authorized in this section. The committee shall
27 consider the student's educational records and other evidence
28 as to whether the student should be able to pass the subtest
29 under consideration. A waiver may be recommended to the
30 president upon majority vote of the committee. The president
31 may approve or disapprove the recommendation. The president
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 may not approve a request which the committee has disapproved.
2 If a waiver for a given subtest is approved, the student's
3 transcript shall include a statement that the student did not
4 meet the requirements of subsection (3) and that a waiver was
5 granted.
6 (7) The State Board of Education, by rule, shall
7 establish fees for the administration of the examination to
8 private postsecondary students.
9 (8) The State Board of Education, by rule, shall
10 establish fees for the administration of the examination at
11 times other than regularly scheduled dates to accommodate
12 examinees who are unable to be tested on those dates. The
13 board shall establish the conditions under which examinees may
14 be admitted to the special administrations.
15 (9) Any student fulfilling one or both of the
16 following requirements before completion of associate in arts
17 degree requirements or baccalaureate degree requirements is
18 exempt from the testing requirements of this section:
19 (a) Achieves a score that meets or exceeds a minimum
20 score on a nationally standardized examination, as established
21 by the State Board of Education; or
22 (b) Demonstrates successful remediation of any
23 academic deficiencies identified by the college placement test
24 and achieves a cumulative grade point average of 2.5 or above,
25 on a 4.0 scale, in postsecondary-level coursework identified
26 by the State Board of Education. The Department of Education
27 shall specify the means by which a student may demonstrate
28 successful remediation.
29
30 Any student denied a degree prior to January 1, 1996, based on
31 the failure of at least one subtest of the CLAST may use
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 either of the alternatives specified in this subsection for
2 receipt of a degree if such student meets all degree program
3 requirements at the time of application for the degree under
4 the exemption provisions of this subsection. This section does
5 not require a student to take the CLAST before being given the
6 opportunity to use any of the alternatives specified in this
7 subsection. The exemptions provided herein do not apply to
8 requirements for certification as provided in s. 1012.56.
9 Section 374. Section 1008.30, Florida Statutes, is
10 created to read:
11 1008.30 Common placement testing for public
12 postsecondary education.--
13 (1) The State Board of Education shall develop and
14 implement a common placement test for the purpose of assessing
15 the basic computation and communication skills of students who
16 intend to enter a degree program at any public postsecondary
17 educational institution. The State Board of Education shall
18 adopt rules which enable public postsecondary educational
19 institutions to implement appropriate modifications of the
20 test instruments or test procedures for students with
21 disabilities.
22 (2) The common placement testing program shall include
23 at a minimum the following: the capacity to diagnose basic
24 competencies in the areas of English, reading, and mathematics
25 which are essential to perform college-level work;
26 prerequisite skills that relate to progressively advanced
27 instruction in mathematics, such as algebra and geometry;
28 prerequisite skills that relate to progressively advanced
29 instruction in language arts, such as English composition and
30 literature; prerequisite skills which relate to the College
31 Level Academic Skills Test (CLAST); and provision of test
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 information to students on the specific deficiencies.
2 (3) The State Board of Education shall adopt rules
3 that would require high schools to give the common placement
4 test prescribed in this section, or an equivalent test
5 identified by the State Board of Education, at the beginning
6 of the tenth grade year before enrollment in the eleventh
7 grade year in public high school for the purpose of obtaining
8 remedial instruction prior to entering public postsecondary
9 education.
10 (4)(a) Public postsecondary educational institution
11 students who have been identified as requiring additional
12 preparation pursuant to subsection (1) shall enroll in
13 college-preparatory or other adult education pursuant to s.
14 1004.93 in community colleges to develop needed college-entry
15 skills. These students shall be permitted to take courses
16 within their degree program concurrently in other curriculum
17 areas for which they are qualified while enrolled in
18 college-preparatory instruction courses. A student enrolled
19 in a college-preparatory course may concurrently enroll only
20 in college credit courses that do not require the skills
21 addressed in the college-preparatory course. The State Board
22 of Education shall specify the college credit courses that are
23 acceptable for students enrolled in each college-preparatory
24 skill area, pursuant to s. 1001.02(7)(g). A student who wishes
25 to earn an associate in arts or a baccalaureate degree, but
26 who is required to complete a college-preparatory course, must
27 successfully complete the required college-preparatory studies
28 by the time the student has accumulated 12 hours of
29 lower-division college credit degree coursework; however, a
30 student may continue enrollment in degree-earning coursework
31 provided the student maintains enrollment in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 college-preparatory coursework for each subsequent semester
2 until college-preparatory coursework requirements are
3 completed, and the student demonstrates satisfactory
4 performance in degree-earning coursework. A passing score on
5 a standardized, institutionally developed test must be
6 achieved before a student is considered to have met basic
7 computation and communication skills requirements; however, no
8 student shall be required to retake any test or subtest that
9 was previously passed by said student. Credit awarded for
10 college-preparatory instruction may not be counted towards
11 fulfilling the number of credits required for a degree.
12 (b) The university board of trustees may contract with
13 a community college board of trustees for the community
14 college to provide such instruction on the state university
15 campus. Any state university in which the percentage of
16 incoming students requiring college-preparatory instruction
17 equals or exceeds the average percentage of such students for
18 the community college system may offer college-preparatory
19 instruction without contracting with a community college;
20 however, any state university offering college-preparatory
21 instruction as of January 1, 1996, may continue to provide
22 such services.
23 (5) A student may not be enrolled in a college credit
24 mathematics or English course on a dual enrollment basis
25 unless the student has demonstrated adequate precollegiate
26 preparation on the section of the basic computation and
27 communication skills assessment required pursuant to
28 subsection (1) that is appropriate for successful student
29 participation in the course.
30 Section 375. Part II of chapter 1008, Florida
31 Statutes, shall be entitled "Accountability, K-20" and shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 consist of ss. 1008.31-1008.46.
2 Section 376. Section 1008.31, Florida Statutes, is
3 created to read:
4 1008.31 Florida's K-20 education performance
5 accountability system; legislative intent; performance-based
6 funding; mission, goals, and systemwide measures.--
7 (1) LEGISLATIVE INTENT.--It is the intent of the
8 Legislature that:
9 (a) The performance accountability system implemented
10 to assess the effectiveness of Florida's seamless K-20
11 education delivery system provide answers to the following
12 questions in relation to its mission and goals:
13 1. What is the public receiving in return for funds it
14 invests in education?
15 2. How effectively is Florida's K-20 education system
16 educating its students?
17 3. How effectively are the major delivery sectors
18 promoting student achievement?
19 4. How are individual schools and postsecondary
20 education institutions performing their responsibility to
21 educate their students as measured by how students are
22 performing and how much they are learning?
23 (b) The State Board of Education recommend to the
24 Legislature systemwide performance standards; the Legislature
25 establish systemwide performance measures and standards; and
26 the systemwide measures and standards provide Floridians with
27 information on what the public is receiving in return for the
28 funds it invests in education and how well the K-20 system
29 educates its students.
30 (c) The State Board of Education establish performance
31 measures and set performance standards for individual
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 components of the public education system, including
2 individual schools and postsecondary educational institutions,
3 with measures and standards based primarily on student
4 achievement.
5 (2) PERFORMANCE-BASED FUNDING.--The State Board of
6 Education shall cooperate with the Commissioner of Education
7 and each delivery system to develop proposals for
8 performance-based funding, using performance measures
9 established by the Legislature. The proposals must provide
10 that at least 10 percent of the state funds appropriated for
11 the K-20 education system are conditional upon meeting or
12 exceeding established performance standards. The State Board
13 of Education must submit the recommendations to the
14 Legislature in the following sequence:
15 (a) By December 1, 2002, recommendations for state
16 universities, for consideration by the 2003 Legislature and
17 implementation in the 2003-2004 fiscal year.
18 (b) By December 1, 2003, recommendations for public
19 schools and workforce education, for consideration by the 2004
20 Legislature and implementation in the 2004-2005 fiscal year.
21 (c) By December 1, 2004, recommendations for community
22 colleges, for consideration by the 2005 Legislature and
23 implementation in the 2005-2006 fiscal year.
24 (d) By December 1, 2005, recommendations for all other
25 programs that receive state funds within the Department of
26 Education.
27 (3) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The
28 mission of Florida's K-20 education system shall be to
29 increase the proficiency of all students within one seamless,
30 efficient system, by allowing them the opportunity to expand
31 their knowledge and skills through learning opportunities and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 research valued by students, parents, and communities, and to
2 maintain an accountability system that measures student
3 progress toward the following goals:
4 (a) Highest student achievement, as measured by:
5 student FCAT performance and annual learning gains; the number
6 and percentage of schools that improve at least one school
7 performance grade designation or maintain a school performance
8 grade designation of "A" pursuant to s. 1008.34; graduation or
9 completion rates at all learning levels; and other measures
10 identified in law or rule.
11 (b) Seamless articulation and maximum access, as
12 measured by: the percentage of students who demonstrate
13 readiness for the educational level they are entering, from
14 kindergarten through postsecondary education and into the
15 workforce; the number and percentage of students needing
16 remediation; the percentage of Floridians who complete
17 associate, baccalaureate, professional, and postgraduate
18 degrees; the number and percentage of credits that articulate;
19 the extent to which each set of exit-point requirements
20 matches the next set of entrance-point requirements; and other
21 measures identified in law or rule.
22 (c) Skilled workforce and economic development, as
23 measured by: the number and percentage of graduates employed
24 in their areas of preparation; the percentage of Floridians
25 with high school diplomas and postsecondary education
26 credentials; the percentage of business and community members
27 who find that Florida's graduates possess the skills they
28 need; and other measures identified in law or rule.
29 (d) Quality efficient services, as measured by: cost
30 per completer or graduate; average cost per noncompleter at
31 each educational level; cost disparity across institutions
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 offering the same degrees; the percentage of education
2 customers at each educational level who are satisfied with the
3 education provided; and other measures identified in law or
4 rule.
5 (4) SYSTEMWIDE DATA COLLECTION.--School districts and
6 public postsecondary educational institutions shall maintain
7 information systems that will provide the State Board of
8 Education and the Legislature with information and reports at
9 a level of comprehensiveness and quality no less than that
10 which was available as of June 30, 2001.
11 Section 377. Section 1008.32, Florida Statutes, is
12 created to read:
13 1008.32 State Board of Education oversight enforcement
14 authority.--The State Board of Education shall oversee the
15 performance of district school boards and public postsecondary
16 educational institution boards in enforcement of all laws and
17 rules. District school boards and public postsecondary
18 educational institution boards shall be primarily responsible
19 for compliance with law and state board rule.
20 (1) In order to ensure compliance with law or state
21 board rule, the State Board of Education shall have the
22 authority to request and receive information, data, and
23 reports from school districts and public postsecondary
24 educational institutions. District school superintendents and
25 public postsecondary educational institution presidents are
26 responsible for the accuracy of the information and data
27 reported to the state board.
28 (2) The Commissioner of Education may investigate
29 allegations of noncompliance with law or state board rule and
30 determine probable cause, the commissioner shall report to the
31 State Board of Education which shall require the district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school board or public postsecondary educational institution
2 board to document compliance with law or state board rule.
3 (3) If the district school board or public
4 postsecondary educational institution board cannot
5 satisfactorily document compliance, the State Board of
6 Education may order compliance within a specified timeframe.
7 (4) If the State Board of Education determines that a
8 district school board or public postsecondary educational
9 institution board is unwilling or unable to comply with law or
10 state board rule within the specified time, the state board
11 shall have the authority to initiate any of the following
12 actions:
13 (a) Report to the Legislature that the school district
14 or public postsecondary educational institution has been
15 unwilling or unable to comply with law or state board rule and
16 recommend action to be taken by the Legislature.
17 (b) Reduce the discretionary lottery appropriation
18 until the school district or public postsecondary education
19 institution complies with the law or state board rule.
20 (c) Withhold the transfer of state funds,
21 discretionary grant funds, or any other funds specified as
22 eligible for this purpose by the Legislature until the school
23 district or public postsecondary educational institution
24 complies with the law or state board rule.
25 (d) Declare the school district or public
26 postsecondary educational institution ineligible for
27 competitive grants.
28 (e) Require monthly or periodic reporting on the
29 situation related to noncompliance until it is remedied.
30 (5) Nothing in this section shall be construed to
31 create a private cause of action or create any rights for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 individuals or entities in addition to those provided
2 elsewhere in law or rule.
3 Section 378. Section 1008.33, Florida Statutes, is
4 created to read:
5 1008.33 Authority to enforce public school
6 improvement.--It is the intent of the Legislature that all
7 public schools be held accountable for students performing at
8 acceptable levels. A system of school improvement and
9 accountability that assesses student performance by school,
10 identifies schools in which students are not making adequate
11 progress toward state standards, institutes appropriate
12 measures for enforcing improvement, and provides rewards and
13 sanctions based on performance shall be the responsibility of
14 the State Board of Education.
15 (1) Pursuant to Art. IX of the State Constitution
16 prescribing the duty of the State Board of Education to
17 supervise Florida's public school system and notwithstanding
18 any other statutory provisions to the contrary, the State
19 Board of Education shall intervene in the operation of a
20 district school system when one or more schools in the school
21 district have failed to make adequate progress for 2 school
22 years in a 4-year period. For purposes of determining when a
23 school is eligible for state board action and opportunity
24 scholarships for its students, the terms "2 years in any
25 4-year period" and "2 years in a 4-year period" mean that in
26 any year that a school has a grade of "F," the school is
27 eligible for state board action and opportunity scholarships
28 for its students if it also has had a grade of "F" in any of
29 the previous 3 school years. The State Board of Education may
30 determine that the school district or school has not taken
31 steps sufficient for students in the school to be academically
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 well served. Considering recommendations of the Commissioner
2 of Education, the State Board of Education shall recommend
3 action to a district school board intended to improve
4 educational services to students in each school that is
5 designated as performance grade category "F." Recommendations
6 for actions to be taken in the school district shall be made
7 only after thorough consideration of the unique
8 characteristics of a school, which shall include student
9 mobility rates, the number and type of exceptional students
10 enrolled in the school, and the availability of options for
11 improved educational services. The state board shall adopt by
12 rule steps to follow in this process. Such steps shall
13 provide school districts sufficient time to improve student
14 performance in schools and the opportunity to present evidence
15 of assistance and interventions that the district school board
16 has implemented.
17 (2) The State Board of Education may recommend one or
18 more of the following actions to district school boards to
19 enable students in schools designated as performance grade
20 category "F" to be academically well served by the public
21 school system:
22 (a) Provide additional resources, change certain
23 practices, and provide additional assistance if the state
24 board determines the causes of inadequate progress to be
25 related to school district policy or practice;
26 (b) Implement a plan that satisfactorily resolves the
27 education equity problems in the school;
28 (c) Contract for the educational services of the
29 school, or reorganize the school at the end of the school year
30 under a new school principal who is authorized to hire new
31 staff and implement a plan that addresses the causes of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 inadequate progress;
2 (d) Allow parents of students in the school to send
3 their children to another district school of their choice; or
4 (e) Other action appropriate to improve the school's
5 performance.
6 (3) In recommending actions to district school boards,
7 the State Board of Education shall specify the length of time
8 available to implement the recommended action. The State
9 Board of Education may adopt rules to further specify how it
10 may respond in specific circumstances. No action taken by the
11 State Board of Education shall relieve a school from state
12 accountability requirements.
13 (4) The State Board of Education may require the
14 Department of Education or Comptroller to withhold any
15 transfer of state funds to the school district if, within the
16 timeframe specified in state board action, the school district
17 has failed to comply with the action ordered to improve the
18 district's low-performing schools. Withholding the transfer of
19 funds shall occur only after all other recommended actions for
20 school improvement have failed to improve performance. The
21 State Board of Education may impose the same penalty on any
22 district school board that fails to develop and implement a
23 plan for assistance and intervention for low-performing
24 schools as specified in s. 1001.42(16)(c).
25 Section 379. Section 1008.34, Florida Statutes, is
26 created to read:
27 1008.34 School grading system; district performance
28 grade.--
29 (1) ANNUAL REPORTS.--The Commissioner of Education
30 shall prepare annual reports of the results of the statewide
31 assessment program which describe student achievement in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 state, each district, and each school. The commissioner shall
2 prescribe the design and content of these reports, which must
3 include, without limitation, descriptions of the performance
4 of all schools participating in the assessment program and all
5 of their major student populations as determined by the
6 Commissioner of Education, and must also include the median
7 scores of all eligible students who scored at or in the lowest
8 25th percentile of the state in the previous school year;
9 provided, however, that the provisions of s. 1002.22
10 pertaining to student records apply to this section.
11 (2) SCHOOL PERFORMANCE GRADE CATEGORIES.--The annual
12 report shall identify schools as being in one of the following
13 grade categories defined according to rules of the State Board
14 of Education:
15 (a) "A," schools making excellent progress.
16 (b) "B," schools making above average progress.
17 (c) "C," schools making satisfactory progress.
18 (d) "D," schools making less than satisfactory
19 progress.
20 (e) "F," schools failing to make adequate progress.
21
22 Each school designated in performance grade category "A,"
23 making excellent progress, or having improved at least two
24 performance grade categories, shall have greater authority
25 over the allocation of the school's total budget generated
26 from the FEFP, state categoricals, lottery funds, grants, and
27 local funds, as specified in state board rule. The rule must
28 provide that the increased budget authority shall remain in
29 effect until the school's performance grade declines.
30 (3) DESIGNATION OF SCHOOL PERFORMANCE GRADE
31 CATEGORIES.--School performance grade category designations
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 itemized in subsection (2) shall be based on the following:
2 (a) Timeframes.--
3 1. School performance grade category designations
4 shall be based on the school's current year performance and
5 the school's annual learning gains.
6 2. A school's performance grade category designation
7 shall be based on a combination of student achievement scores,
8 student learning gains as measured by annual FCAT assessments
9 in grades 3 through 10, and improvement of the lowest 25th
10 percentile of students in the school in reading, math, or
11 writing on the FCAT, unless these students are performing
12 above satisfactory performance.
13 (b) Student assessment data.--Student assessment data
14 used in determining school performance grade categories shall
15 include:
16 1. The aggregate scores of all eligible students
17 enrolled in the school who have been assessed on the FCAT.
18 2. The aggregate scores of all eligible students
19 enrolled in the school who have been assessed on the FCAT,
20 including Florida Writes, and who have scored at or in the
21 lowest 25th percentile of students in the school in reading,
22 math, or writing, unless these students are performing above
23 satisfactory performance.
24
25 The Department of Education shall study the effects of
26 mobility on the performance of highly mobile students and
27 recommend programs to improve the performance of such
28 students. The State Board of Education shall adopt appropriate
29 criteria for each school performance grade category. The
30 criteria must also give added weight to student achievement in
31 reading. Schools designated as performance grade category "C,"
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 making satisfactory progress, shall be required to demonstrate
2 that adequate progress has been made by students in the school
3 who are in the lowest 25th percentile in reading, math, or
4 writing on the FCAT, including Florida Writes, unless these
5 students are performing above satisfactory performance.
6 (4) SCHOOL IMPROVEMENT RATINGS.--The annual report
7 shall identify each school's performance as having improved,
8 remained the same, or declined. This school improvement rating
9 shall be based on a comparison of the current year's and
10 previous year's student and school performance data. Schools
11 that improve at least one performance grade category are
12 eligible for school recognition awards pursuant to s. 1008.36.
13 (5) SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT
14 RATING REPORTS.--School performance grade category
15 designations and improvement ratings shall apply to each
16 school's performance for the year in which performance is
17 measured. Each school's designation and rating shall be
18 published annually by the Department of Education and the
19 school district. Parents shall be entitled to an easy-to-read
20 report card about the designation and rating of the school in
21 which their child is enrolled.
22 (6) RULES.--The State Board of Education shall adopt
23 rules pursuant to ss. 120.536(1) and 120.54 to implement the
24 provisions of this section.
25 (7) PERFORMANCE-BASED FUNDING.--The Legislature may
26 factor in the performance of schools in calculating any
27 performance-based funding policy that is provided for annually
28 in the General Appropriations Act.
29 (8) DISTRICT PERFORMANCE GRADE.--The annual report
30 required by subsection (1) shall include district performance
31 grades, which shall consist of weighted district average
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 grades, by level, for all elementary schools, middle schools,
2 and high schools in the district. A district's weighted
3 average grade shall be calculated by weighting individual
4 school grades determined pursuant to subsection (2) by school
5 enrollment.
6 Section 380. Section 1008.345, Florida Statutes, is
7 created to read:
8 1008.345 Implementation of state system of school
9 improvement and education accountability.--
10 (1) The Commissioner of Education is responsible for
11 implementing and maintaining a system of intensive school
12 improvement and stringent education accountability, which
13 shall include policies and programs to implement the
14 following:
15 (a) A system of data collection and analysis that will
16 improve information about the educational success of
17 individual students and schools, including schools operating
18 for the purpose of providing educational services to youth in
19 Department of Juvenile Justice programs. The information and
20 analyses must be capable of identifying educational programs
21 or activities in need of improvement, and reports prepared
22 pursuant to this paragraph shall be distributed to the
23 appropriate district school boards prior to distribution to
24 the general public. This provision shall not preclude access
25 to public records as provided in chapter 119.
26 (b) A program of school improvement that will analyze
27 information to identify schools, including schools operating
28 for the purpose of providing educational services to youth in
29 Department of Juvenile Justice programs, educational programs,
30 or educational activities in need of improvement.
31 (c) A method of delivering services to assist school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 districts and schools to improve, including schools operating
2 for the purpose of providing educational services to youth in
3 Department of Juvenile Justice programs.
4 (d) A method of coordinating with the state
5 educational goals and school improvement plans any other state
6 program that creates incentives for school improvement.
7 (2) The commissioner shall be held responsible for the
8 implementation and maintenance of the system of school
9 improvement and education accountability outlined in this
10 section. There shall be an annual determination of whether
11 adequate progress is being made toward implementing and
12 maintaining a system of school improvement and education
13 accountability.
14 (3) The annual feedback report shall be developed by
15 the Department of Education.
16 (4) The commissioner shall review each district school
17 board's feedback report and submit findings to the State Board
18 of Education. If adequate progress is not being made toward
19 implementing and maintaining a system of school improvement
20 and education accountability, the State Board of Education
21 shall direct the commissioner to prepare and implement a
22 corrective action plan. The commissioner and State Board of
23 Education shall monitor the development and implementation of
24 the corrective action plan.
25 (5) The commissioner shall report to the Legislature
26 and recommend changes in state policy necessary to foster
27 school improvement and education accountability. Included in
28 the report shall be a list of the schools, including schools
29 operating for the purpose of providing educational services to
30 youth in Department of Juvenile Justice programs, for which
31 district school boards have developed assistance and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 intervention plans and an analysis of the various strategies
2 used by the school boards. School reports shall be distributed
3 pursuant to this subsection and s. 1001.42(16)(e) and
4 according to rules adopted by the State Board of Education.
5 (6)(a) The Department of Education shall implement a
6 training program to develop among state and district educators
7 a cadre of facilitators of school improvement. These
8 facilitators shall assist schools and districts to conduct
9 needs assessments and develop and implement school improvement
10 plans to meet state goals.
11 (b) Upon request, the department shall provide
12 technical assistance and training to any school, including any
13 school operating for the purpose of providing educational
14 services to youth in Department of Juvenile Justice programs,
15 school advisory council, district, or district school board
16 for conducting needs assessments, developing and implementing
17 school improvement plans, developing and implementing
18 assistance and intervention plans, or implementing other
19 components of school improvement and accountability. Priority
20 for these services shall be given to schools designated as
21 performance grade category "D" or "F" and school districts in
22 rural and sparsely populated areas of the state.
23 (c) Pursuant to s. 24.121(5)(d), the department shall
24 not release funds from the Educational Enhancement Trust Fund
25 to any district in which a school, including schools operating
26 for the purpose of providing educational services to youth in
27 Department of Juvenile Justice programs, does not have an
28 approved school improvement plan, pursuant to s. 1001.42(16),
29 after 1 full school year of planning and development, or does
30 not comply with school advisory council membership composition
31 requirements pursuant to s. 1001.452. The department shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 send a technical assistance team to each school without an
2 approved plan to develop such school improvement plan or to
3 each school without appropriate school advisory council
4 membership composition to develop a strategy for corrective
5 action. The department shall release the funds upon approval
6 of the plan or upon establishment of a plan of corrective
7 action. Notice shall be given to the public of the
8 department's intervention and shall identify each school
9 without a plan or without appropriate school advisory council
10 membership composition.
11 (d) The department shall assign a community assessment
12 team to each school district with a school designated as
13 performance grade category "D" or "F" to review the school
14 performance data and determine causes for the low performance.
15 The team shall make recommendations to the school board, to
16 the department, and to the State Board of Education for
17 implementing an assistance and intervention plan that will
18 address the causes of the school's low performance. The
19 assessment team shall include, but not be limited to, a
20 department representative, parents, business representatives,
21 educators, and community activists, and shall represent the
22 demographics of the community from which they are appointed.
23 (7)(a) Schools designated in performance grade
24 category "A," making excellent progress, shall, if requested
25 by the school, be given deregulated status as specified in s.
26 1003.63(5), (7), (8), (9), and (10).
27 (b) Schools that have improved at least two
28 performance grade categories and that meet the criteria of the
29 Florida School Recognition Program pursuant to s. 1008.36 may
30 be given deregulated status as specified in s. 1003.63(5),
31 (7), (8), (9), and (10).
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (8) As a part of the system of educational
2 accountability, the Department of Education shall:
3 (a) Develop minimum performance standards for various
4 grades and subject areas, as required in ss. 1001.03, 1008.22,
5 and 1008.34.
6 (b) Administer the statewide assessment testing
7 program created by s. 1008.22.
8 (c) Review the school advisory councils of each
9 district as required by s. 1001.452.
10 (d) Conduct the program evaluations required by s.
11 1001.03.
12 (e) Maintain a listing of college-level communication
13 and mathematics skills defined by the State Board of Education
14 as being associated with successful student performance
15 through the baccalaureate level and submit the same to the
16 State Board of Education for approval.
17 (f) Maintain a listing of tests and other assessment
18 procedures which measure and diagnose student achievement of
19 college-level communication and computation skills and submit
20 the same to the State Board of Education for approval.
21 (g) Maintain for the information of the State Board of
22 Education and the Legislature a file of data to reflect
23 achievement of college-level communication and mathematics
24 competencies by students in state universities and community
25 colleges.
26 (h) Develop or contract for, and submit to the State
27 Board of Education for approval, tests which measure and
28 diagnose student achievement of college-level communication
29 and mathematics skills. Any tests and related documents
30 developed are exempt from the provisions of s. 119.07(1). The
31 commissioner shall maintain statewide responsibility for the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 administration of such tests and may assign administrative
2 responsibilities for the tests to any state university or
3 community college. The state board, upon recommendation of
4 the commissioner, may enter into contracts for such services
5 beginning in one fiscal year and continuing into the next year
6 which are paid from the appropriation for either or both
7 fiscal years.
8 (i) Perform any other functions that may be involved
9 in educational planning, research, and evaluation or that may
10 be required by the commissioner, the State Board of Education,
11 or law.
12 Section 381. Section 1008.35, Florida Statutes, is
13 created to read:
14 1008.35 Best financial management practices for school
15 districts; standards; reviews; designation of school
16 districts.--
17 (1) The purpose of best financial management practices
18 reviews is to improve Florida school district management and
19 use of resources and to identify cost savings. The Office of
20 Program Policy Analysis and Government Accountability (OPPAGA)
21 and the Office of the Auditor General are directed to develop
22 a system for reviewing the financial management practices of
23 school districts. In this system, the Auditor General shall
24 assist OPPAGA in examining district operations to determine
25 whether they meet "best financial management practices."
26 (2) The best financial management practices adopted by
27 the Commissioner of Education may be updated periodically
28 after consultation with the Legislature, the Governor, the
29 Department of Education, school districts, and the Auditor
30 General. OPPAGA shall submit to the Commissioner of Education
31 for review and adoption proposed revisions to the best
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 financial management practices adopted by the commissioner.
2 The best financial management practices, at a minimum, must
3 instill public confidence by addressing the school district's
4 use of resources, identifying ways that the district could
5 save funds, and improving districts' performance
6 accountability systems, including public accountability. To
7 achieve these objectives, best practices shall be developed
8 for, but need not be limited to, the following areas:
9 (a) Management structures.
10 (b) Performance accountability.
11 (c) Efficient delivery of educational services,
12 including instructional materials.
13 (d) Administrative and instructional technology.
14 (e) Personnel systems and benefits management.
15 (f) Facilities construction.
16 (g) Facilities maintenance.
17 (h) Student transportation.
18 (i) Food service operations.
19 (j) Cost control systems, including asset management,
20 risk management, financial management, purchasing, internal
21 auditing, and financial auditing.
22
23 In areas for which the commissioner has not adopted best
24 practices, OPPAGA may develop additional best financial
25 management practices, with input from a broad range of
26 stakeholders. OPPAGA shall present any additional best
27 practices to the commissioner for review and adoption. Revised
28 best financial management practices adopted by the
29 commissioner must be used in the next year's scheduled school
30 district reviews conducted according to this section.
31 (3) OPPAGA shall contract with a private firm selected
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 through a formal request for proposal process to perform the
2 review, to the extent that funds are provided for this purpose
3 in the General Appropriations Act each year. When sufficient
4 funds are not provided to contract for all the scheduled best
5 financial management practices reviews, OPPAGA shall conduct
6 the remaining reviews scheduled for that year, except as
7 otherwise provided in this act. At least one member of the
8 private firm review team shall have expertise in school
9 district finance. The scope of the review shall focus on the
10 best practices adopted by the Commissioner of Education,
11 pursuant to subsection (2). OPPAGA may include additional
12 items in the scope of the review after seeking input from the
13 school district and the Department of Education.
14 (4) OPPAGA shall consult with the Commissioner of
15 Education throughout the best practices review process to
16 ensure that the technical expertise of the Department of
17 Education benefits the review process and supports the school
18 districts before, during, and after the review.
19 (5) It is the intent of the Legislature that each
20 school district shall be subject to a best financial
21 management practices review. The Legislature also intends that
22 all school districts shall be reviewed on a continuing 5-year
23 cycle, as follows, unless specified otherwise in the General
24 Appropriations Act, or as provided in this section:
25 (a) Year 1: Hillsborough, Sarasota, Collier, Okaloosa,
26 Alachua, St. Lucie, Santa Rosa, Hernando, Indian River,
27 Monroe, Osceola, and Bradford.
28 (b) Year 2: Miami-Dade, Duval, Volusia, Bay, Columbia,
29 Suwannee, Wakulla, Baker, Union, Hamilton, Jefferson, Gadsden,
30 and Franklin.
31 (c) Year 3: Palm Beach, Orange, Seminole, Lee,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Escambia, Leon, Levy, Taylor, Madison, Gilchrist, Gulf, Dixie,
2 Liberty, and Lafayette.
3 (d) Year 4: Pinellas, Pasco, Marion, Manatee, Clay,
4 Charlotte, Citrus, Highlands, Nassau, Hendry, Okeechobee,
5 Hardee, DeSoto, and Glades.
6 (e) Year 5: Broward, Polk, Brevard, Lake, St. Johns,
7 Martin, Putnam, Jackson, Flagler, Walton, Sumter, Holmes,
8 Washington, and Calhoun.
9 (6)(a) The Joint Legislative Auditing Committee may
10 adjust the schedule of districts to be reviewed when
11 unforeseen circumstances prevent initiation of reviews
12 scheduled in a given year.
13 (b) Once the 5-year cycle has been completed, reviews
14 shall continue, beginning again with those districts included
15 in year one of the cycle unless a district has requested and
16 received a waiver as provided in subsection (17).
17 (7) At the direction of the Joint Legislative Auditing
18 Committee or the President of the Senate and the Speaker of
19 the House of Representatives, and subject to funding by the
20 Legislature, OPPAGA may conduct, or contract with a private
21 firm to conduct, up to two additional best financial
22 management practices reviews in districts not scheduled for
23 review during that year if such review is necessary to address
24 adverse financial conditions.
25 (8) Reviews shall be conducted by OPPAGA and the
26 consultant to the extent specifically funded by the
27 Legislature in the General Appropriations Act for this
28 purpose. Such funds may be used for the cost of reviews by
29 OPPAGA and private consultants contracted by the director of
30 OPPAGA. Costs may include professional services, travel
31 expenses of OPPAGA and staff of the Auditor General, and any
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 other necessary expenses incurred as part of a best financial
2 management practices review.
3 (9) Districts scheduled for review must complete a
4 self-assessment instrument provided by OPPAGA which indicates
5 the school district's evaluation of its performance on each
6 best practice. The district must begin the self-assessment not
7 later than 60 days prior to the commencement of the review.
8 The completed self-assessment instrument and supporting
9 documentation must be submitted to OPPAGA not later than the
10 date of commencement of the review as notified by OPPAGA. The
11 best practice review team will use this self-assessment
12 information during their review of the district.
13 (10) During the review, OPPAGA and the consultant
14 conducting the review, if any, shall hold at least one
15 advertised public forum as part of the review in order to
16 explain the best financial management practices review process
17 and obtain input from students, parents, the business
18 community, and other district residents regarding their
19 concerns about the operations and management of the school
20 district.
21 (11) District reviews conducted under this section
22 must be completed within 6 months after commencement. OPPAGA
23 shall issue a final report to the President of the Senate, the
24 Speaker of the House of Representatives, and the district
25 regarding the district's use of best financial management
26 practices and cost savings recommendations within 60 days
27 after completing the reviews. Copies of the final report shall
28 be provided to the Governor, the Commissioner of Education,
29 and to the chairs of school advisory councils and district
30 advisory councils established pursuant to s. 229.58(1)(a) and
31 (b). The district school board shall notify all members of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the school advisory councils and district advisory council by
2 mail that the final report has been delivered to the school
3 district and to the council chairs. The notification shall
4 also inform members of the OPPAGA website address at which an
5 electronic copy of the report is available.
6 (12) After receipt of the final report and before the
7 district school board votes whether to adopt the action plan,
8 or if no action plan was required because the district was
9 found to be using the best practices, the district school
10 board shall hold an advertised public forum to accept public
11 input and review the findings and recommendations of the
12 report. The district school board shall advertise and promote
13 this forum in a manner appropriate to inform school and
14 district advisory councils, parents, school district
15 employees, the business community, and other district
16 residents of the opportunity to attend this meeting. OPPAGA
17 and the consultant, if any, shall also be represented at this
18 forum.
19 (13)(a) If the district is found not to conform to
20 best financial management practices, the report must contain
21 an action plan detailing how the district could meet the best
22 practices within 2 years. The district school board must
23 decide, by a majority plus one vote within 90 days after
24 receipt of the final report, whether or not to implement the
25 action plan and pursue a "Seal of Best Financial Management"
26 awarded by the State Board of Education to qualified school
27 districts. If a district fails to vote on the action plan
28 within 90 days, district school board members may be required
29 to appear and present testimony before a legislative
30 committee, pursuant to s. 11.143.
31 (b) The district school board may vote to reverse a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 decision not to implement an action plan, provided that the
2 action plan is implemented and there is still sufficient time,
3 as determined by the district school board, to meet the best
4 practices within 2 years after issuance of the final report.
5 (c) Within 90 days after the receipt of the final
6 report, the district school board must notify OPPAGA and the
7 Commissioner of Education in writing of the date and outcome
8 of the district school board vote on whether to adopt the
9 action plan. If the district school board fails to vote on
10 whether to adopt the action plan, the district school
11 superintendent must notify OPPAGA and the Commissioner of
12 Education. The Department of Education may contact the school
13 district, assess the situation, urge the district school board
14 to vote, and offer technical assistance, if needed.
15 (14) If a district school board votes to implement the
16 action plan:
17 (a) No later than 1 year after receipt of the final
18 report, the district school board must submit an initial
19 status report to the President of the Senate, the Speaker of
20 the House of Representatives, the Governor, OPPAGA, the
21 Auditor General, the State Board of Education, and the
22 Commissioner of Education on progress made towards
23 implementing the action plan and whether changes have occurred
24 in other areas of operation that would affect compliance with
25 the best practices.
26 (b) A second status report must be submitted by the
27 school district to the President of the Senate, the Speaker of
28 the House of Representatives, the Governor, OPPAGA, the
29 Auditor General, the Commissioner of Education, and the State
30 Board of Education no later than 1 year after submission of
31 the initial report.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1
2 Status reports are not required once OPPAGA concludes that the
3 district is using best practices.
4 (15) After receipt of each of a district's two status
5 reports required by subsection (14), OPPAGA shall assess the
6 district's implementation of the action plan and progress
7 toward implementing the best financial management practices in
8 areas covered by the plan. Following each assessment, OPPAGA
9 shall issue a report to the President of the Senate, the
10 Speaker of the House of Representatives, and the district
11 indicating whether the district has successfully implemented
12 the best financial management practices. Copies of the report
13 must be provided to the Governor, the Auditor General, the
14 Commissioner of Education, and the State Board of Education.
15 If a district has failed to implement an action plan adopted
16 pursuant to subsection (13), district school board members and
17 the district school superintendent may be required to appear
18 before a legislative committee, pursuant to s. 11.143, to
19 present testimony regarding the district's failure to
20 implement such action plan.
21 (16) District school boards that successfully
22 implement the best financial management practices within 2
23 years, or are determined in the review to be using the best
24 practices, are eligible to receive a "Seal of Best Financial
25 Management." Upon notification to the Commissioner of
26 Education and the State Board of Education by OPPAGA that a
27 district has been found to be using the best financial
28 management practices, the State Board of Education shall award
29 that district a "Seal of Best Financial Management" certifying
30 that the district is adhering to the state's best financial
31 management practices. The State Board of Education designation
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be effective for 5 years from the certification date or
2 until the next review is completed, whichever is later. During
3 the designation period, the district school board shall
4 annually, not later than the anniversary date of the
5 certification, notify OPPAGA, the Auditor General, the
6 Commissioner of Education, and the State Board of Education of
7 any changes in policies or operations or any other situations
8 that would not conform to the state's best financial
9 management practices. The State Board of Education may revoke
10 the designation of a district school board at any time if it
11 determines that a district is no longer complying with the
12 state's best financial management practices. If no such
13 changes have occurred and the district school board determines
14 that the school district continues to conform to the best
15 financial management practices, the district school board
16 shall annually report that information to the State Board of
17 Education, with copies to OPPAGA, the Auditor General, and the
18 Commissioner of Education.
19 (17)(a) A district school board that has been awarded
20 a "Seal of Best Financial Management" by the State Board of
21 Education and has annually reported to the State Board of
22 Education that the district is still conforming to the best
23 financial management practices may request a waiver from
24 undergoing its next scheduled Best Financial Management
25 Practices review.
26 (b) To apply for such waiver, not later than September
27 1 of the fiscal year prior to the fiscal year in which the
28 district is next scheduled for review, the district school
29 board shall certify to OPPAGA and the Department of Education
30 the district school board's determination that the school
31 district is still conforming to the best financial management
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 practices.
2 (c) After consultation with the Department of
3 Education and review of the district school board's
4 determination, OPPAGA may recommend to the Legislative Budget
5 Commission that the district be granted a waiver for the next
6 scheduled Best Financial Management Practices review. If
7 approved for waiver, OPPAGA shall notify the school district
8 and the Department of Education that no review of that
9 district will be conducted during the next scheduled review
10 cycle. In that event, the district school board must continue
11 annual reporting to the State Board of Education as required
12 in subsection (16). District school boards granted a waiver
13 for one review cycle are not eligible for waiver of the next
14 scheduled review cycle.
15 (18) District school boards that receive a best
16 financial management practices review must maintain records
17 that will enable independent verification of the
18 implementation of the action plan and any related fiscal
19 impacts.
20 (19) Unrestricted cost savings resulting from
21 implementation of the best financial management practices must
22 be spent at the school and classroom levels for teacher
23 salaries, teacher training, improved classroom facilities,
24 student supplies, textbooks, classroom technology, and other
25 direct student instruction activities. Cost savings identified
26 for a program that has restrictive expenditure requirements
27 shall be used for the enhancement of the specific program.
28 Section 382. Section 1008.36, Florida Statutes, is
29 created to read:
30 1008.36 Florida School Recognition Program.--
31 (1) The Legislature finds that there is a need for a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 performance incentive program for outstanding faculty and
2 staff in highly productive schools. The Legislature further
3 finds that performance-based incentives are commonplace in the
4 private sector and should be infused into the public sector as
5 a reward for productivity.
6 (2) The Florida School Recognition Program is created
7 to provide financial awards to public schools that:
8 (a) Sustain high performance by receiving a school
9 grade of "A," making excellent progress; or
10 (b) Demonstrate exemplary improvement due to
11 innovation and effort by improving a letter grade.
12 (3) All public schools, including charter schools,
13 that receive a school grade pursuant to s. 1008.34 are
14 eligible to participate in the program.
15 (4) All selected schools shall receive financial
16 awards depending on the availability of funds appropriated and
17 the number and size of schools selected to receive an award.
18 Funds must be distributed to the school's fiscal agent and
19 placed in the school's account and must be used for purposes
20 listed in subsection (5) as determined jointly by the school's
21 staff and school advisory council. If school staff and the
22 school advisory council cannot reach agreement by November 1,
23 the awards must be equally distributed to all classroom
24 teachers currently teaching in the school.
25 (5) School recognition awards must be used for the
26 following:
27 (a) Nonrecurring bonuses to the faculty and staff;
28 (b) Nonrecurring expenditures for educational
29 equipment or materials to assist in maintaining and improving
30 student performance; or
31 (c) Temporary personnel for the school to assist in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 maintaining and improving student performance.
2
3 Notwithstanding statutory provisions to the contrary,
4 incentive awards are not subject to collective bargaining.
5 Section 383. Section 1008.37, Florida Statutes, is
6 created to read:
7 1008.37 Postsecondary feedback of information to high
8 schools.--
9 (1) The State Board of Education shall adopt rules
10 that require the Commissioner of Education to report to the
11 State Board of Education, the Legislature, and the district
12 school boards on the performance of each
13 first-time-in-postsecondary education student from each public
14 high school in this state who is enrolled in a public
15 postsecondary institution or public technical center. Such
16 reports must be based on information databases maintained by
17 the Department of Education. In addition, the public
18 postsecondary educational institutions and technical centers
19 shall provide district school boards access to information on
20 student performance in regular and preparatory courses and
21 shall indicate students referred for remediation pursuant to
22 s. 1008.30 or s. 1008.28.
23 (2) The Commissioner of Education shall report, by
24 high school, to the State Board of Education and the
25 Legislature, no later than November 31 of each year, on the
26 number of prior year Florida high school graduates who
27 enrolled for the first time in public postsecondary education
28 in this state during the previous summer, fall, or spring
29 term, indicating the number of students whose scores on the
30 common placement test indicated the need for remediation
31 through college-preparatory or vocational-preparatory
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 instruction pursuant to s. 1004.91 or s. 1008.30.
2 (3) The Commissioner of Education shall organize
3 school summary reports and student-level records by school
4 district and high school in which the postsecondary education
5 students were enrolled and report the information to each
6 school district no later than January 31 of each year.
7 (4) As a part of the school improvement plan pursuant
8 to s. 1008.345, the State Board of Education shall ensure that
9 each school district and high school develops strategies to
10 improve student readiness for the public postsecondary level
11 based on annual analysis of the feedback report data.
12 (5) The Commissioner of Education shall annually
13 recommend to the Legislature statutory changes to reduce the
14 incidence of postsecondary remediation in mathematics,
15 reading, and writing for first-time-enrolled recent high
16 school graduates.
17 Section 384. Section 1008.38, Florida Statutes, is
18 created to read:
19 1008.38 Articulation accountability process.--The
20 State Board of Education shall develop articulation
21 accountability measures which assess the status of systemwide
22 articulation processes authorized under s. 1007.23. The State
23 Board of Education shall establish an articulation
24 accountability process which at a minimum shall address:
25 (1) The impact of articulation processes on ensuring
26 educational continuity and the orderly and unobstructed
27 transition of students between public secondary and
28 postsecondary education systems and facilitating the
29 transition of students between the public and private sectors.
30 (2) The adequacy of preparation of public secondary
31 students to smoothly articulate to a public postsecondary
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 institution.
2 (3) The effectiveness of articulated acceleration
3 mechanisms available to secondary students.
4 (4) The smooth transfer of community college associate
5 in arts degree graduates to a state university.
6 (5) An examination of degree requirements that exceed
7 the parameters of 60 credit hours for an associate degree and
8 120 hours for a baccalaureate degree in public postsecondary
9 programs.
10 (6) The relationship between the College Level
11 Academic Skills Test Program and articulation to the upper
12 division in public postsecondary institutions.
13 Section 385. Section 1008.385, Florida Statutes, is
14 created to read:
15 1008.385 Educational planning and information
16 systems.--
17 (1) EDUCATIONAL PLANNING.--
18 (a) The Commissioner of Education is responsible for
19 all planning functions for the department, including
20 collection, analysis, and interpretation of all data,
21 information, test results, evaluations, and other indicators
22 that are used to formulate policy, identify areas of concern
23 and need, and serve as the basis for short-range and
24 long-range planning. Such planning shall include assembling
25 data, conducting appropriate studies and surveys, and
26 sponsoring research and development activities designed to
27 provide information about educational needs and the effect of
28 alternative educational practices.
29 (b) Each district school board shall maintain a
30 continuing system of planning and budgeting designed to aid in
31 identifying and meeting the educational needs of students and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the public. Provision shall be made for coordination between
2 district school boards and community college boards of
3 trustees concerning the planning for career and technical
4 education and adult educational programs. The major emphasis
5 of the system shall be upon locally determined goals and
6 objectives, the state plan for education, and the Sunshine
7 State Standards developed by the Department of Education and
8 adopted by the State Board of Education. The district
9 planning and budgeting system must include consideration of
10 student achievement data obtained pursuant to ss. 1008.22 and
11 1008.34. The system shall be structured to meet the specific
12 management needs of the district and to align the budget
13 adopted by the district school board with the plan the board
14 has also adopted. Each district school board shall utilize its
15 system of planning and budgeting to emphasize a system of
16 school-based management in which individual school centers
17 become the principal planning units and to integrate planning
18 and budgeting at the school level.
19 (2) COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The
20 Commissioner of Education shall develop and implement an
21 integrated information system for educational management. The
22 system must be designed to collect, via electronic transfer,
23 all student and school performance data required to ascertain
24 the degree to which schools and school districts are meeting
25 state performance standards, and must be capable of producing
26 data for a comprehensive annual report on school and district
27 performance. In addition, the system shall support, as
28 feasible, the management decisions to be made in each division
29 of the department and at the individual school and district
30 levels. Similar data elements among divisions and levels
31 shall be compatible. The system shall be based on an overall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 conceptual design; the information needed for such decisions,
2 including fiscal, student, program, personnel, facility,
3 community, evaluation, and other relevant data; and the
4 relationship between cost and effectiveness. The system shall
5 be managed and administered by the commissioner and shall
6 include a district subsystem component to be administered at
7 the district level, with input from the reports-and-forms
8 control management committees. Each district school system
9 with a unique management information system shall assure that
10 compatibility exists between its unique system and the
11 district component of the state system so that all data
12 required as input to the state system is made available via
13 electronic transfer and in the appropriate input format.
14 (a) The specific responsibilities of the commissioner
15 shall include:
16 1. Consulting with school district representatives in
17 the development of the system design model and implementation
18 plans for the management information system for public school
19 education management;
20 2. Providing operational definitions for the proposed
21 system;
22 3. Determining the information and specific data
23 elements required for the management decisions made at each
24 educational level, recognizing that the primary unit for
25 information input is the individual school and recognizing
26 that time and effort of instructional personnel expended in
27 collection and compilation of data should be minimized;
28 4. Developing standardized terminology and procedures
29 to be followed at all levels of the system;
30 5. Developing a standard transmittal format to be used
31 for collection of data from the various levels of the system;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 6. Developing appropriate computer programs to assure
2 integration of the various information components dealing with
3 students, personnel, facilities, fiscal, program, community,
4 and evaluation data;
5 7. Developing the necessary programs to provide
6 statistical analysis of the integrated data provided in
7 subparagraph 6. in such a way that required reports may be
8 disseminated, comparisons may be made, and relationships may
9 be determined in order to provide the necessary information
10 for making management decisions at all levels;
11 8. Developing output report formats which will provide
12 district school systems with information for making management
13 decisions at the various educational levels;
14 9. Developing a phased plan for distributing computer
15 services equitably among all public schools and school
16 districts in the state as rapidly as possible. The plan shall
17 describe alternatives available to the state in providing such
18 computing services and shall contain estimates of the cost of
19 each alternative, together with a recommendation for action.
20 In developing the plan, the feasibility of shared use of
21 computing hardware and software by school districts, community
22 colleges, and universities shall be examined. Laws or
23 administrative rules regulating procurement of data processing
24 equipment, communication services, or data processing services
25 by state agencies shall not be construed to apply to local
26 agencies which share computing facilities with state agencies;
27 10. Assisting the district school systems in
28 establishing their subsystem components and assuring
29 compatibility with current district systems;
30 11. Establishing procedures for continuous evaluation
31 of system efficiency and effectiveness;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 12. Initiating a reports-management and
2 forms-management system to ascertain that duplication in
3 collection of data does not exist and that forms and reports
4 for reporting under state and federal requirements and other
5 forms and reports are prepared in a logical and uncomplicated
6 format, resulting in a reduction in the number and complexity
7 of required reports, particularly at the school level; and
8 13. Initiating such other actions as are necessary to
9 carry out the intent of the Legislature that a management
10 information system for public school management needs be
11 implemented. Such other actions shall be based on criteria
12 including, but not limited to:
13 a. The purpose of the reporting requirement;
14 b. The origination of the reporting requirement;
15 c. The date of origin of the reporting requirement;
16 and
17 d. The date of repeal of the reporting requirement.
18 (b) The specific responsibilities of each district
19 school system shall include:
20 1. Establishing, at the district level, a
21 reports-control and forms-control management system committee
22 composed of school administrators and classroom teachers. The
23 district school board shall appoint school administrator
24 members and classroom teacher members or, in school districts
25 where appropriate, the classroom teacher members shall be
26 appointed by the bargaining agent. Teachers shall constitute a
27 majority of the committee membership. The committee shall
28 periodically recommend procedures to the district school board
29 for eliminating, reducing, revising, and consolidating
30 paperwork and data collection requirements and shall submit to
31 the district school board an annual report of its findings.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. With assistance from the commissioner, developing
2 systems compatibility between the state management information
3 system and unique local systems.
4 3. Providing, with the assistance of the department,
5 inservice training dealing with management information system
6 purposes and scope, a method of transmitting input data, and
7 the use of output report information.
8 4. Establishing a plan for continuous review and
9 evaluation of local management information system needs and
10 procedures.
11 5. Advising the commissioner of all district
12 management information needs.
13 6. Transmitting required data input elements to the
14 appropriate processing locations in accordance with guidelines
15 established by the commissioner.
16 7. Determining required reports, comparisons, and
17 relationships to be provided to district school systems by the
18 system output reports, continuously reviewing these reports
19 for usefulness and meaningfulness, and submitting recommended
20 additions, deletions, and change requirements in accordance
21 with the guidelines established by the commissioner.
22 8. Being responsible for the accuracy of all data
23 elements transmitted to the department.
24 (c) It is the intent of the Legislature that the
25 expertise in the state system of public education, as well as
26 contracted services, be utilized to hasten the plan for full
27 implementation of a comprehensive management information
28 system.
29 (3) RULES.--The State Board of Education shall adopt
30 rules to administer this section.
31 Section 386. Section 1008.386, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1008.386 Social security numbers used as student
3 identification numbers.--Each district school board shall
4 request that each student enrolled in a public school in this
5 state provide his or her social security number. Each school
6 district shall use social security numbers as student
7 identification numbers in the management information system
8 maintained by the school district. However, a student is not
9 required to provide his or her social security number as a
10 condition for enrollment or graduation. A student satisfies
11 this requirement by presenting to school enrollment officials
12 his or her social security card or a copy of the card. The
13 school district shall include the social security number in
14 the student's permanent records and shall indicate if the
15 student identification number is not a social security number.
16 The Commissioner of Education shall provide assistance to
17 school districts to assure that the assignment of student
18 identification numbers other than social security numbers is
19 kept to a minimum and to avoid duplication of any student
20 identification number.
21 Section 387. Section 1008.39, Florida Statutes, is
22 created to read:
23 1008.39 Florida Education and Training Placement
24 Information Program.--
25 (1) The Department of Education shall develop and
26 maintain a continuing program of information management named
27 the "Florida Education and Training Placement Information
28 Program," the purpose of which is to compile, maintain, and
29 disseminate information concerning the educational histories,
30 placement and employment, enlistments in the United States
31 armed services, and other measures of success of former
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 participants in state educational and workforce development
2 programs. Placement and employment information shall contain
3 data appropriate to calculate job retention and job retention
4 rates.
5 (2) Any project conducted by the Department of
6 Education or the workforce development system that requires
7 placement information shall use information provided through
8 the Florida Education and Training Placement Information
9 Program, and shall not initiate automated matching of records
10 in duplication of methods already in place in the Florida
11 Education and Training Placement Information Program. The
12 department shall implement an automated system which matches
13 the social security numbers of former participants in state
14 educational and training programs with information in the
15 files of state and federal agencies that maintain educational,
16 employment, and United States armed service records and shall
17 implement procedures to identify the occupations of those
18 former participants whose social security numbers are found in
19 employment records, as required by Specific Appropriation
20 337A, chapter 84-220, Laws of Florida; Specific Appropriation
21 337B, chapter 85-119, Laws of Florida; Specific Appropriation
22 350A, chapter 86-167, Laws of Florida; and Specific
23 Appropriation 351, chapter 87-98, Laws of Florida.
24 (3) The Florida Education and Training Placement
25 Information Program must not make public any information that
26 could identify an individual or the individual's employer. The
27 Department of Education must ensure that the purpose of
28 obtaining placement information is to evaluate and improve
29 public programs or to conduct research for the purpose of
30 improving services to the individuals whose social security
31 numbers are used to identify their placement. If an agreement
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 assures that this purpose will be served and that privacy will
2 be protected, the Department of Education shall have access to
3 the unemployment insurance wage reports maintained by the
4 Department of Labor and Employment Security, the files of the
5 Department of Children and Family Services that contain
6 information about the distribution of public assistance, the
7 files of the Department of Corrections that contain records of
8 incarcerations, and the files of the Department of Business
9 and Professional Regulation that contain the results of
10 licensure examination.
11 (4) The Florida Education and Training Placement
12 Information Program may perform longitudinal analyses for all
13 levels of education and workforce development. These analyses
14 must include employment stability, annual earnings, and
15 relatedness of employment to education.
16 Section 388. Section 1008.40, Florida Statutes, is
17 created to read:
18 1008.40 Workforce Development Information System.--The
19 Department of Education shall:
20 (1) Design specifications for the collection and
21 reporting of data and performance specifications for the
22 Workforce Development Information System. This design must
23 enable parallel reporting and state-level access of workforce
24 data necessary to use the data reports as a basis for
25 calculating funding allocations. In addition, the design must
26 be capable of providing reports necessary to comply with other
27 program performance documentation required by state or federal
28 law, without requiring additional data collection or reporting
29 from local educational agencies.
30 (2) Develop the computer programs, software, and edit
31 processes necessary for local and state users to produce a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 single, unified Workforce Development Information System.
2 Section 389. Section 1008.405, Florida Statutes, is
3 created to read:
4 1008.405 Adult student information.--Each school
5 district and community college shall maintain sufficient
6 information for each student enrolled in workforce development
7 education to allow local and state administrators to locate
8 such student upon the termination of instruction and to
9 determine the appropriateness of student placement in specific
10 instructional programs. The State Board of Education shall
11 adopt, in rule, specific information that must be maintained
12 and acceptable means of maintaining that information.
13 Section 390. Section 1008.41, Florida Statutes, is
14 created to read:
15 1008.41 Workforce Development Education; management
16 information system.--
17 (1) The Commissioner of Education shall coordinate
18 uniform program structures, common definitions, and uniform
19 management information systems for workforce development
20 education for all divisions within the department. In
21 performing these functions, the commissioner shall designate
22 deadlines after which data elements may not be changed for the
23 coming fiscal or school year. School districts and community
24 colleges shall be notified of data element changes at least 90
25 days prior to the start of the subsequent fiscal or school
26 year. Such systems must provide for:
27 (a) Individual student reporting.
28 (b) Compliance with state and federal confidentiality
29 requirements, except that the department shall have access to
30 the unemployment insurance wage reports to collect and report
31 placement information about former students. Such placement
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reports must not disclose the individual identities of former
2 students.
3 (c) Maximum use of automated technology and records in
4 existing data bases and data systems. To the extent feasible,
5 the Florida Information Resource Network shall be employed for
6 this purpose.
7 (d) Annual reports of student enrollment, completion,
8 and placement by program.
9 (2) The State Board of Education shall identify, by
10 rule, the components to be included in the workforce
11 development education management information system. All such
12 components shall be comparable between school districts and
13 community colleges.
14 (3) Planning and evaluation of job-preparatory
15 programs shall be based on standard sources of data and use
16 standard occupational definitions and coding structures,
17 including, but not limited to:
18 (a) The Florida Occupational Information System;
19 (b) The Florida Education and Training Placement
20 Information Program;
21 (c) The Agency for Workforce Innovation;
22 (d) The United States Department of Labor; and
23 (e) Other sources of data developed using
24 statistically valid procedures.
25 Section 391. Section 1008.42, Florida Statutes, is
26 created to read:
27 1008.42 Public information on career and technical
28 education programs.--
29 (1) The Department of Education shall disseminate
30 information derived from the reports required by s. 1008.43.
31 The department shall ensure that the information disseminated
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 does not name or otherwise identify a student, a former
2 student, or the student's employer.
3 (2) The dissemination shall be conducted in accordance
4 with the following procedures:
5 (a) Annually, the Department of Education shall
6 publish the placement rates and average quarterly earnings for
7 students who complete each type of technical certificate
8 program and technical degree program. This information must be
9 aggregated to the state level and must be included in any
10 accountability reports. A program that was created or modified
11 so that placement rates cannot be calculated must be so
12 identified in such reports.
13 (b)1. Each district school board shall publish, at a
14 minimum, the most recently available placement rate for each
15 technical certificate program conducted by that school
16 district at the secondary school level and at the technical
17 degree level. The placement rates for the preceding 3 years
18 shall be published if available, shall be included in each
19 publication that informs the public of the availability of the
20 program, and shall be made available to each school guidance
21 counselor. If a program does not have a placement rate, a
22 publication that lists or describes that program must state
23 that the rate is unavailable.
24 2. Each community college shall publish, at a minimum,
25 the most recent placement rate for each technical certificate
26 program and for each technical degree program in its annual
27 catalog. The placement rates for the preceding 3 years shall
28 be published, if available, and shall be included in any
29 publication that informs the public of the availability of the
30 program. If a program does not have a placement rate, the
31 publication that lists or describes that program must state
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that the rate is unavailable.
2 3. If a school district or a community college has
3 calculated for a program a placement rate that differs from
4 the rate reported by the department, and if each record of a
5 placement was obtained through a process that was capable of
6 being audited, procedurally sound, and consistent statewide,
7 the district or the community college may use the locally
8 calculated placement rate in the report required by this
9 section. However, that rate may not be combined with the rate
10 maintained in the computer files of the Department of
11 Education's Florida Education and Training Placement
12 Information Program.
13 4. An independent career and technical, trade, or
14 business school may not publish a placement rate unless the
15 placement rate was determined as provided by this section.
16 Section 392. Section 1008.43, Florida Statutes, is
17 created to read:
18 1008.43 Career and technical program reporting
19 requirements.--
20 (1)(a) The Department of Education shall develop a
21 system of performance measures in order to evaluate the career
22 and technical education programs as required in s. 1008.42.
23 This system must measure program enrollment, completion rates,
24 placement rates, and amount of earnings at the time of
25 placement. Placement and employment information, where
26 applicable, shall contain data relevant to job retention,
27 including retention rates. The State Board of Education shall
28 adopt by rule the specific measures and any definitions needed
29 to establish the system of performance measures.
30 (b) To measure and report program enrollment and
31 completion rates, the Department of Education shall use data
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in the automated student databases generated by the public
2 schools and community colleges. To measure and report
3 placement rates and amount of earnings at the time of
4 placement, the department shall use data in the reports
5 produced by the Florida Education and Training Placement
6 Information Program as required in s. 1008.39. If any
7 placement information is not available from the Florida
8 Education and Training Placement Information Program, the
9 school district or the community college may provide placement
10 information collected by the school district or the community
11 college. However, this supplemental information must be
12 verifiable by the department and must not be commingled with
13 the database maintained by the Florida Education and Training
14 Placement Information Program. The State Board of Education
15 shall specify by rule the statistically valid, verifiable,
16 uniform procedures by which school districts and community
17 colleges may collect and report placement information to
18 supplement the reports from the Florida Education and Training
19 Placement Information Program.
20 (c) The State Board of Education shall adopt standards
21 for the department, district school boards, and community
22 college district boards of trustees to use in program
23 planning, program review, and program evaluation. The
24 standards must include, at a minimum, the completion rates,
25 placement rates, and earnings from employment of former
26 students of career and technical education programs.
27 (2) The State Board of Education shall adopt
28 procedures for reviewing the career and technical education
29 programs administered by the district school boards and the
30 community college district boards of trustees when program
31 performance falls below the standards required by this
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 section.
2 (3) Annually the department shall compile the reports
3 submitted in compliance with the rules adopted under this
4 section and shall produce a statewide report that addresses
5 the extent to which school districts and community colleges
6 are meeting the standards established under paragraph (1)(c).
7 (4) The State Board of Education may adopt rules
8 necessary to administer this section.
9 Section 393. Section 1008.45, Florida Statutes, is
10 created to read:
11 1008.45 Community college accountability process.--
12 (1) It is the intent of the Legislature that a
13 management and accountability process be implemented which
14 provides for the systematic, ongoing improvement and
15 assessment of the improvement of the quality and efficiency of
16 the Florida community colleges. Accordingly, the State Board
17 of Education and the community college boards of trustees
18 shall develop and implement an accountability plan to improve
19 and evaluate the instructional and administrative efficiency
20 and effectiveness of the Florida Community College System.
21 This plan shall be designed in consultation with staff of the
22 Governor and the Legislature and must address the following
23 issues:
24 (a) Graduation rates of A.A. and A.S. degree-seeking
25 students compared to first-time-enrolled students seeking the
26 associate degree.
27 (b) Minority student enrollment and retention rates.
28 (c) Student performance, including student performance
29 in college-level academic skills, mean grade point averages
30 for community college A.A. transfer students, and community
31 college student performance on state licensure examinations.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) Job placement rates of community college career
2 and technical students.
3 (e) Student progression by admission status and
4 program.
5 (f) Career and technical accountability standards
6 identified in s. 1008.42.
7 (g) Institutional assessment efforts related to the
8 requirements of s. III in the Criteria for Accreditation of
9 the Commission on Colleges of the Southern Association of
10 Colleges and Schools.
11 (h) Other measures as identified by the Council for
12 Education Policy Research and Improvement and approved by the
13 State Board of Education.
14 (2) The State Board of Education shall submit an
15 annual report, to coincide with the submission of the agency
16 strategic plan required by law, providing the results of
17 initiatives taken during the prior year and the initiatives
18 and related objective performance measures proposed for the
19 next year.
20 (3) The State Board of Education shall address within
21 the annual evaluation of the performance of the executive
22 director, and the community college boards of trustees shall
23 address within the annual evaluation of the presidents, the
24 achievement of the performance goals established by the
25 accountability process.
26 Section 394. Section 1008.46, Florida Statutes, is
27 created to read:
28 1008.46 State university accountability process.--It
29 is the intent of the Legislature that an accountability
30 process be implemented that provides for the systematic,
31 ongoing evaluation of quality and effectiveness of state
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 universities. It is further the intent of the Legislature that
2 this accountability process monitor performance at the system
3 level in each of the major areas of instruction, research, and
4 public service, while recognizing the differing missions of
5 each of the state universities. The accountability process
6 shall provide for the adoption of systemwide performance
7 standards and performance goals for each standard identified
8 through a collaborative effort involving state universities,
9 the Legislature, and the Governor's Office. These standards
10 and goals shall be consistent with s. 216.011(1) to maintain
11 congruity with the performance-based budgeting process. This
12 process requires that university accountability reports
13 reflect measures defined through performance-based budgeting.
14 The performance-based budgeting measures must also reflect the
15 elements of teaching, research, and service inherent in the
16 missions of the state universities.
17 (1) By December 31 of each year, the State Board of
18 Education shall submit an annual accountability report
19 providing information on the implementation of performance
20 standards, actions taken to improve university achievement of
21 performance goals, the achievement of performance goals during
22 the prior year, and initiatives to be undertaken during the
23 next year. The accountability reports shall be designed in
24 consultation with the Governor's Office, the Office of Program
25 Policy Analysis and Government Accountability, and the
26 Legislature.
27 (2) The State Board of Education shall recommend in
28 the annual accountability report any appropriate modifications
29 to this section.
30 Section 395. Part III of chapter 1008, Florida
31 Statutes, shall be entitled "Council for Education Policy
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Research and Improvement (CEPRI)" and shall consist of s.
2 1008.51.
3 Section 396. Section 1008.51, Florida Statutes, is
4 created to read:
5 1008.51 Council for Education Policy Research and
6 Improvement.--The Council for Education Policy Research and
7 Improvement is created as an independent office under the
8 Office of Legislative Services, pursuant to s. 11.147. The
9 council shall conduct and review education research, provide
10 independent analysis on education progress, and provide
11 independent evaluation of education issues of statewide
12 concern. The Office of Legislative Services shall provide
13 administrative functions of the council, pursuant to joint
14 policies of the Legislature.
15 (1) The council shall serve as a citizen board for
16 independent policy research and analysis. The council shall be
17 composed of five members appointed by the Governor, two
18 members appointed by the Speaker of the House of
19 Representatives, and two members appointed by the President of
20 the Senate. Each member shall be appointed for a term of 6
21 years. However, for purposes of continuity, the Governor shall
22 appoint two members, the Speaker of the House of
23 Representatives shall appoint one member, and the President of
24 the Senate shall appoint one member for a first term of 4
25 years. Members appointed for 4 years may be reappointed to one
26 additional term. Members shall not include elected officials
27 or employees of public or independent education entities.
28 Members who miss two consecutive meetings may be replaced by
29 the appointing officer.
30 (2) The council shall meet as often as it considers
31 necessary to carry out its duties and responsibilities.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Members shall be paid travel and per diem expenses as provided
2 in s. 112.061 while performing their duties under this
3 section.
4 (3) The council shall appoint an executive director,
5 who shall serve at the pleasure of the council and shall
6 perform the duties assigned to him or her by the council. The
7 executive director is the chief administrative officer of the
8 council and shall appoint all employees and staff members of
9 the council, who shall serve under the executive director's
10 direction and control.
11 (4) The council shall:
12 (a) Provide state policymakers, educators, and the
13 public with objective and timely information that supports the
14 seamless K-20 education system and the K-20 education
15 accountability process designed to provide all students an
16 opportunity for a high-quality education, in accordance with
17 the policies and guiding principles of s. 1000.02 and the
18 performance accountability system in s. 1008.31.
19 (b) Explore national and state emerging educational
20 issues and examine how these issues should be addressed by
21 education institutions in Florida.
22 (c) Prepare and submit to the State Board of Education
23 a long-range master plan for education. The plan must include
24 consideration of the promotion of quality, fundamental
25 educational goals, programmatic access, needs for remedial
26 education, regional and state economic development,
27 international education programs, demographic patterns,
28 student demand for programs, needs of particular subgroups of
29 the population, implementation of innovative educational
30 techniques and technology, and requirements of the labor
31 market. The plan must evaluate the capacity of existing
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 programs in public and independent institutions to respond to
2 identified needs, and the council shall recommend efficient
3 alternatives to address unmet needs. The council shall update
4 the master plan at least every 5 years.
5 (d) Prepare and submit for approval by the State Board
6 of Education a long-range performance plan for K-20 education
7 in Florida, and annually review and recommend improvement in
8 the implementation of the plan.
9 (e) Annually report on the progress of public schools
10 and postsecondary education institutions toward meeting
11 educational goals and standards as defined by s. 1008.31.
12 (f) Recommend to the Legislature and the State Board
13 of Education legislation and rules for the educational
14 accountability system that support the policies and guiding
15 principles of s. 1000.02.
16 (g) Recommend to the State Board of Education
17 revisions and new initiatives to further improve the K-20
18 education accountability system.
19 (h) Provide public education institutions and the
20 public with information on the K-20 education accountability
21 system, recommend refinements and improvements, and evaluate
22 issues pertaining to student learning gains.
23 (i) On its own initiative or in response to the
24 Governor, the Legislature, the State Board of Education, or
25 the Commissioner of Education, issue reports and
26 recommendations on matters relating to any education sector.
27 (j) By January 1, 2003, and on a 3-year cycle
28 thereafter, review and make recommendations to the Legislature
29 regarding the activities of research centers and institutes
30 supported with state funds to assess the return on the state's
31 investment in research conducted by public postsecondary
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education institutions, in coordination with the Leadership
2 Board for Applied Research and Public Service, created
3 pursuant to s. 1004.58.
4 (k) Apply for and receive grants for the study of K-20
5 education system improvement consistent with its
6 responsibilities.
7 (l) Assist the State Board of Education in the conduct
8 of its educational responsibilities in such capacities as the
9 board considers appropriate.
10 Section 397. Chapter 1009, Florida Statutes, shall be
11 entitled "Educational Scholarships, Fees, and Financial
12 Assistance" and shall consist of ss. 1009.01-1009.9994.
13 Section 398. Part I of chapter 1009, Florida Statutes,
14 shall be entitled "General Provisions" and shall consist of s.
15 1009.01.
16 Section 399. Section 1009.01, Florida Statutes, is
17 created to read:
18 1009.01 Definitions.--The term:
19 (1) "Tuition" means the basic fee charged to a student
20 for instruction provided by a public postsecondary educational
21 institution in this state. A charge for any other purpose
22 shall not be included within this fee.
23 (2) "Out-of-state fee" means the additional fee for
24 instruction provided by a public postsecondary educational
25 institution in this state, which fee is charged to a
26 non-Florida student as defined in rules of the State Board of
27 Education. A charge for any other purpose shall not be
28 included within this fee.
29 Section 400. Part II of chapter 1009, Florida
30 Statutes, shall be entitled "Postsecondary Student Fees" and
31 shall consist of ss. 1009.21-1009.29.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 401. Section 1009.21, Florida Statutes, is
2 created to read:
3 1009.21 Determination of resident status for tuition
4 purposes.--Students shall be classified as residents or
5 nonresidents for the purpose of assessing tuition in community
6 colleges and state universities.
7 (1) As used in this section:
8 (a) The term "dependent child" means any person,
9 whether or not living with his or her parent, who is eligible
10 to be claimed by his or her parent as a dependent under the
11 federal income tax code.
12 (b) The term "institution of higher education" means
13 any public community college or state university.
14 (c) A "legal resident" or "resident" is a person who
15 has maintained his or her residence in this state for the
16 preceding year, has purchased a home which is occupied by him
17 or her as his or her residence, or has established a domicile
18 in this state pursuant to s. 222.17.
19 (d) The term "parent" means the natural or adoptive
20 parent or legal guardian of a dependent child.
21 (e) A "resident for tuition purposes" is a person who
22 qualifies as provided in subsection (2) for the in-state
23 tuition rate; a "nonresident for tuition purposes" is a person
24 who does not qualify for the in-state tuition rate.
25 (2)(a) To qualify as a resident for tuition purposes:
26 1. A person or, if that person is a dependent child,
27 his or her parent or parents must have established legal
28 residence in this state and must have maintained legal
29 residence in this state for at least 12 months immediately
30 prior to his or her qualification.
31 2. Every applicant for admission to an institution of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 higher education shall be required to make a statement as to
2 his or her length of residence in the state and, further,
3 shall establish that his or her presence or, if the applicant
4 is a dependent child, the presence of his or her parent or
5 parents in the state currently is, and during the requisite
6 12-month qualifying period was, for the purpose of maintaining
7 a bona fide domicile, rather than for the purpose of
8 maintaining a mere temporary residence or abode incident to
9 enrollment in an institution of higher education.
10 (b) However, with respect to a dependent child living
11 with an adult relative other than the child's parent, such
12 child may qualify as a resident for tuition purposes if the
13 adult relative is a legal resident who has maintained legal
14 residence in this state for at least 12 months immediately
15 prior to the child's qualification, provided the child has
16 resided continuously with such relative for the 5 years
17 immediately prior to the child's qualification, during which
18 time the adult relative has exercised day-to-day care,
19 supervision, and control of the child.
20 (c) The legal residence of a dependent child whose
21 parents are divorced, separated, or otherwise living apart
22 will be deemed to be this state if either parent is a legal
23 resident of this state, regardless of which parent is entitled
24 to claim, and does in fact claim, the minor as a dependent
25 pursuant to federal individual income tax provisions.
26 (3) An individual shall not be classified as a
27 resident for tuition purposes and, thus, shall not be eligible
28 to receive the in-state tuition rate until he or she has
29 provided such evidence related to legal residence and its
30 duration as may be required by officials of the institution of
31 higher education from which he or she seeks the in-state
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 tuition rate.
2 (4) With respect to a dependent child, the legal
3 residence of such individual's parent or parents is prima
4 facie evidence of the individual's legal residence, which
5 evidence may be reinforced or rebutted, relative to the age
6 and general circumstances of the individual, by the other
7 evidence of legal residence required of or presented by the
8 individual. However, the legal residence of an individual
9 whose parent or parents are domiciled outside this state is
10 not prima facie evidence of the individual's legal residence
11 if that individual has lived in this state for 5 consecutive
12 years prior to enrolling or reregistering at the institution
13 of higher education at which resident status for tuition
14 purposes is sought.
15 (5) In making a domiciliary determination related to
16 the classification of a person as a resident or nonresident
17 for tuition purposes, the domicile of a married person,
18 irrespective of sex, shall be determined, as in the case of an
19 unmarried person, by reference to all relevant evidence of
20 domiciliary intent. For the purposes of this section:
21 (a) A person shall not be precluded from establishing
22 or maintaining legal residence in this state and subsequently
23 qualifying or continuing to qualify as a resident for tuition
24 purposes solely by reason of marriage to a person domiciled
25 outside this state, even when that person's spouse continues
26 to be domiciled outside of this state, provided such person
27 maintains his or her legal residence in this state.
28 (b) A person shall not be deemed to have established
29 or maintained a legal residence in this state and subsequently
30 to have qualified or continued to qualify as a resident for
31 tuition purposes solely by reason of marriage to a person
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 domiciled in this state.
2 (c) In determining the domicile of a married person,
3 irrespective of sex, the fact of the marriage and the place of
4 domicile of such person's spouse shall be deemed relevant
5 evidence to be considered in ascertaining domiciliary intent.
6 (6) Any nonresident person, irrespective of sex, who
7 marries a legal resident of this state or marries a person who
8 later becomes a legal resident may, upon becoming a legal
9 resident of this state, accede to the benefit of the spouse's
10 immediately precedent duration as a legal resident for
11 purposes of satisfying the 12-month durational requirement of
12 this section.
13 (7) A person shall not lose his or her resident status
14 for tuition purposes solely by reason of serving, or, if such
15 person is a dependent child, by reason of his or her parent's
16 or parents' serving, in the Armed Forces outside this state.
17 (8) A person who has been properly classified as a
18 resident for tuition purposes but who, while enrolled in an
19 institution of higher education in this state, loses his or
20 her resident tuition status because the person or, if he or
21 she is a dependent child, the person's parent or parents
22 establish domicile or legal residence elsewhere shall continue
23 to enjoy the in-state tuition rate for a statutory grace
24 period, which period shall be measured from the date on which
25 the circumstances arose that culminated in the loss of
26 resident tuition status and shall continue for 12 months.
27 However, if the 12-month grace period ends during a semester
28 or academic term for which such former resident is enrolled,
29 such grace period shall be extended to the end of that
30 semester or academic term.
31 (9) Any person who ceases to be enrolled at or who
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 graduates from an institution of higher education while
2 classified as a resident for tuition purposes and who
3 subsequently abandons his or her domicile in this state shall
4 be permitted to reenroll at an institution of higher education
5 in this state as a resident for tuition purposes without the
6 necessity of meeting the 12-month durational requirement of
7 this section if that person has reestablished his or her
8 domicile in this state within 12 months of such abandonment
9 and continuously maintains the reestablished domicile during
10 the period of enrollment. The benefit of this subsection shall
11 not be accorded more than once to any one person.
12 (10) The following persons shall be classified as
13 residents for tuition purposes:
14 (a) Active duty members of the Armed Services of the
15 United States residing or stationed in this state, their
16 spouses, and dependent children.
17 (b) Active duty members of the Armed Services of the
18 United States and their spouses attending a public community
19 college or state university within 50 miles of the military
20 establishment where they are stationed, if such military
21 establishment is within a county contiguous to Florida.
22 (c) United States citizens living on the Isthmus of
23 Panama, who have completed 12 consecutive months of college
24 work at the Florida State University Panama Canal Branch, and
25 their spouses and dependent children.
26 (d) Full-time instructional and administrative
27 personnel employed by state public schools, community
28 colleges, and institutions of higher education, as defined in
29 s. 1000.04, and their spouses and dependent children.
30 (e) Students from Latin America and the Caribbean who
31 receive scholarships from the federal or state government.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Any student classified pursuant to this paragraph shall
2 attend, on a full-time basis, a Florida institution of higher
3 education.
4 (f) Southern Regional Education Board's Academic
5 Common Market graduate students attending Florida's state
6 universities.
7 (g) Full-time employees of state agencies or political
8 subdivisions of the state when the student fees are paid by
9 the state agency or political subdivision for the purpose of
10 job-related law enforcement or corrections training.
11 (h) McKnight Doctoral Fellows and Finalists who are
12 United States citizens.
13 (i) United States citizens living outside the United
14 States who are teaching at a Department of Defense Dependent
15 School or in an American International School and who enroll
16 in a graduate level education program which leads to a Florida
17 teaching certificate.
18 (j) Active duty members of the Canadian military
19 residing or stationed in this state under the North American
20 Air Defense (NORAD) agreement, and their spouses and dependent
21 children, attending a community college or state university
22 within 50 miles of the military establishment where they are
23 stationed.
24 (11) The State Board of Education shall by rule
25 designate classifications of students as residents or
26 nonresidents for tuition purposes at community colleges and
27 state universities.
28 Section 402. Section 1009.22, Florida Statutes, is
29 created to read:
30 1009.22 Workforce development postsecondary student
31 fees.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) This section applies to students enrolled in
2 workforce development programs who are reported for funding
3 through the Workforce Development Education Fund, except that
4 college credit fees for the community colleges are governed by
5 s. 1009.23.
6 (2) All students shall be charged fees except students
7 who are exempt from fees or students whose fees are waived.
8 (3)(a) The Commissioner of Education shall provide to
9 the State Board of Education no later than December 31 of each
10 year a schedule of fees for workforce development education,
11 excluding continuing workforce education, for school districts
12 and community colleges. The fee schedule shall be based on the
13 amount of student fees necessary to produce 25 percent of the
14 prior year's average cost of a course of study leading to a
15 certificate or diploma. Except as otherwise provided by law,
16 fees for students who are not residents for tuition purposes
17 must offset the full cost of instruction. Fee-nonexempt
18 students enrolled in vocational-preparatory instruction shall
19 be charged fees equal to the fees charged for certificate
20 career education instruction. Each community college that
21 conducts college-preparatory and vocational-preparatory
22 instruction in the same class section may charge a single fee
23 for both types of instruction.
24 (b) Fees for continuing workforce education shall be
25 locally determined by the district school board or community
26 college board. However, at least 50 percent of the
27 expenditures for the continuing workforce education program
28 provided by the community college or school district must be
29 derived from fees.
30 (c) The State Board of Education shall adopt a fee
31 schedule for school districts and community colleges that
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 produces the fee revenues calculated pursuant to paragraph
2 (a). The schedule so calculated shall take effect, unless
3 otherwise specified in the General Appropriations Act.
4 (d) The State Board of Education shall adopt, by rule,
5 the definitions and procedures that district school boards
6 shall use in the calculation of cost borne by students.
7 (4) A district school board or community college board
8 that has a service area that borders another state may
9 implement a plan for a differential out-of-state fee.
10 (5) Each district school board and community college
11 board of trustees may establish a separate fee for financial
12 aid purposes in an additional amount of up to 10 percent of
13 the student fees collected for workforce development programs
14 funded through the Workforce Development Education Fund. All
15 fees collected shall be deposited into a separate workforce
16 development student financial aid fee trust fund of the school
17 district or community college to support students enrolled in
18 workforce development programs. Any undisbursed balance
19 remaining in the trust fund and interest income accruing to
20 investments from the trust fund shall increase the total funds
21 available for distribution to workforce development education
22 students. Awards shall be based on student financial need and
23 distributed in accordance with a nationally recognized system
24 of need analysis approved by the State Board of Education.
25 Fees collected pursuant to this subsection shall be allocated
26 in an expeditious manner.
27 (6) Each district school board and community college
28 board of trustees may establish a separate fee for capital
29 improvements, technology enhancements, or equipping buildings
30 which may not exceed 5 percent of tuition for resident
31 students or 5 percent of tuition and out-of-state fees for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 nonresident students. Funds collected by community colleges
2 through these fees may be bonded only for the purpose of
3 financing or refinancing new construction and equipment,
4 renovation, or remodeling of educational facilities. The fee
5 shall be collected as a component part of the tuition and
6 fees, paid into a separate account, and expended only to
7 construct and equip, maintain, improve, or enhance the
8 certificate career education or adult education facilities of
9 the school district or community college. Projects funded
10 through the use of the capital improvement fee must meet the
11 survey and construction requirements of chapter 1013. Pursuant
12 to s. 216.0158, each district school board and community
13 college board of trustees shall identify each project,
14 including maintenance projects, proposed to be funded in whole
15 or in part by such fee. Capital improvement fee revenues may
16 be pledged by a board of trustees as a dedicated revenue
17 source to the repayment of debt, including lease-purchase
18 agreements and revenue bonds, with a term not to exceed 20
19 years, and not to exceed the useful life of the asset being
20 financed, only for the new construction and equipment,
21 renovation, or remodeling of educational facilities. Community
22 colleges may use the services of the Division of Bond Finance
23 of the State Board of Administration to issue any bonds
24 authorized through the provisions of this subsection. Any such
25 bonds issued by the Division of Bond Finance shall be in
26 compliance with the provisions of the State Bond Act. Bonds
27 issued pursuant to the State Bond Act shall be validated in
28 the manner provided by chapter 75. The complaint for such
29 validation shall be filed in the circuit court of the county
30 where the seat of state government is situated, the notice
31 required to be published by s. 75.06 shall be published only
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in the county where the complaint is filed, and the complaint
2 and order of the circuit court shall be served only on the
3 state attorney of the circuit in which the action is pending.
4 A maximum of 15 cents per credit hour may be allocated from
5 the capital improvement fee for child care centers conducted
6 by the district school board or community college board of
7 trustees.
8 (7) Each district school board and community college
9 board of trustees is authorized to establish a separate fee
10 for technology, not to exceed $1.80 per credit hour or
11 credit-hour equivalent for resident students and not more than
12 $5.40 per credit hour or credit-hour equivalent for
13 nonresident students, or the equivalent, to be expended in
14 accordance with technology improvement plans. The technology
15 fee may apply only to associate degree programs and courses.
16 Fifty percent of technology fee revenues may be pledged by a
17 community college board of trustees as a dedicated revenue
18 source for the repayment of debt, including lease-purchase
19 agreements, not to exceed the useful life of the asset being
20 financed. Revenues generated from the technology fee may not
21 be bonded.
22 (8) Each district school board and community college
23 board of trustees is authorized to establish specific fees for
24 workforce development instruction not reported for state
25 funding purposes or for workforce development instruction not
26 reported as state funded full-time equivalent students.
27 District school boards and community college boards of
28 trustees are not required to charge any other fee specified in
29 this section for this type of instruction.
30 (9) Community college boards of trustees and district
31 school boards are not authorized to charge students enrolled
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in workforce development programs any fee that is not
2 specifically authorized by statute. In addition to tuition,
3 out-of-state, financial aid, capital improvement, and
4 technology fees, as authorized in this section, community
5 college boards of trustees and district school boards are
6 authorized to establish fee schedules for the following user
7 fees and fines: laboratory fees; parking fees and fines;
8 library fees and fines; fees and fines relating to facilities
9 and equipment use or damage; access or identification card
10 fees; duplicating, photocopying, binding, or microfilming
11 fees; standardized testing fees; diploma replacement fees;
12 transcript fees; application fees; graduation fees; and late
13 fees related to registration and payment. Such user fees and
14 fines shall not exceed the cost of the services provided and
15 shall only be charged to persons receiving the service.
16 Parking fee revenues may be pledged by a community college
17 board of trustees as a dedicated revenue source for the
18 repayment of debt, including lease-purchase agreements and
19 revenue bonds with terms not exceeding 20 years and not
20 exceeding the useful life of the asset being financed.
21 Community colleges shall use the services of the Division of
22 Bond Finance of the State Board of Administration to issue any
23 revenue bonds authorized by the provisions of this subsection.
24 Any such bonds issued by the Division of Bond Finance shall be
25 in compliance with the provisions of the State Bond Act. Bonds
26 issued pursuant to the State Bond Act shall be validated in
27 the manner established in chapter 75. The complaint for such
28 validation shall be filed in the circuit court of the county
29 where the seat of state government is situated, the notice
30 required to be published by s. 75.06 shall be published only
31 in the county where the complaint is filed, and the complaint
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and order of the circuit court shall be served only on the
2 state attorney of the circuit in which the action is pending.
3 (10) Each year the State Board of Education shall
4 review and evaluate the percentage of the cost of adult
5 programs and certificate career education programs supported
6 through student fees. For students who are residents for
7 tuition purposes, the schedule adopted pursuant to subsection
8 (3) must produce revenues equal to 25 percent of the prior
9 year's average program cost for college-preparatory and
10 certificate-level workforce development programs. Fees for
11 continuing workforce education shall be locally determined by
12 the district school board or community college board. However,
13 at least 50 percent of the expenditures for the continuing
14 workforce education program provided by the community college
15 or school district must be derived from fees. Except as
16 otherwise provided by law, fees for students who are not
17 residents for tuition purposes must offset the full cost of
18 instruction.
19 (11) Each school district and community college may
20 assess a service charge for the payment of tuition and fees in
21 installments. Such service charge must be approved by the
22 district school board or community college board of trustees.
23 (12) Any school district or community college that
24 reports students who have not paid fees in an approved manner
25 in calculations of full-time equivalent enrollments for state
26 funding purposes shall be penalized at a rate equal to 2 times
27 the value of such enrollments. Such penalty shall be charged
28 against the following year's allocation from the Florida
29 Workforce Development Education Fund or the Community College
30 Program Fund and shall revert to the General Revenue Fund.
31 The State Board of Education shall specify, in rule, approved
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 methods of student fee payment. Such methods must include,
2 but need not be limited to, student fee payment; payment
3 through federal, state, or institutional financial aid; and
4 employer fee payments.
5 (13) Each school district and community college shall
6 report only those students who have actually enrolled in
7 instruction provided or supervised by instructional personnel
8 under contract with the district or community college in
9 calculations of actual full-time enrollments for state funding
10 purposes. A student who has been exempted from taking a
11 course or who has been granted academic or technical credit
12 through means other than actual coursework completed at the
13 granting institution may not be calculated for enrollment in
14 the course from which the student has been exempted or for
15 which the student has been granted credit. School districts
16 and community colleges that report enrollments in violation of
17 this subsection shall be penalized at a rate equal to 2 times
18 the value of such enrollments. Such penalty shall be charged
19 against the following year's allocation from the Workforce
20 Development Education Fund and shall revert to the General
21 Revenue Fund.
22 Section 403. Section 1009.23, Florida Statutes, is
23 created to read:
24 1009.23 Community college student fees.--
25 (1) Unless otherwise provided, the provisions of this
26 section apply only to fees charged for college credit
27 instruction leading to an associate in arts degree, an
28 associate in applied science degree, or an associate in
29 science degree and noncollege credit college-preparatory
30 courses defined in s. 1004.02.
31 (2) All students shall be charged fees except students
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 who are exempt from fees or students whose fees are waived.
2 (3) The State Board of Education shall adopt by
3 December 31 of each year a resident fee schedule for the
4 following fall for advanced and professional, associate in
5 science degree, and college-preparatory programs that produce
6 revenues in the amount of 25 percent of the full prior year's
7 cost of these programs. Fees for courses in
8 college-preparatory programs and associate in arts and
9 associate in science degree programs may be established at the
10 same level. In the absence of a provision to the contrary in
11 an appropriations act, the fee schedule shall take effect and
12 the colleges shall expend the funds on instruction. If the
13 Legislature provides for an alternative fee schedule in an
14 appropriations act, the fee schedule shall take effect the
15 subsequent fall semester.
16 (4) Each community college board of trustees shall
17 establish tuition and out-of-state fees, which may vary no
18 more than 10 percent below and 15 percent above the combined
19 total of the fee schedule adopted by the State Board of
20 Education and the technology fee adopted by a board of
21 trustees, provided that any amount from 10 to 15 percent above
22 the fee schedule is used only to support safety and security
23 purposes. In order to assess an additional amount for safety
24 and security purposes, a community college board of trustees
25 must provide written justification to the State Board of
26 Education based on criteria approved by the board of trustees,
27 including, but not limited to, criteria such as local crime
28 data and information, and strategies for the implementation of
29 local safety plans. Should a college decide to increase the
30 tuition fee, the funds raised by increasing the tuition fee
31 must be expended solely for additional safety and security
888
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purposes and shall not supplant funding expended in the
2 1998-1999 budget for safety and security purposes.
3 (5) Except as otherwise provided in law, the sum of
4 nonresident student tuition and out-of-state fees must be
5 sufficient to defray the full cost of each program.
6 (6) A community college board of trustees that has a
7 service area that borders another state may implement a plan
8 for a differential out-of-state fee.
9 (7) Each community college board of trustees may
10 establish a separate activity and service fee not to exceed 10
11 percent of the tuition fee, according to rules of the State
12 Board of Education. The student activity and service fee shall
13 be collected as a component part of the tuition and fees. The
14 student activity and service fees shall be paid into a student
15 activity and service fund at the community college and shall
16 be expended for lawful purposes to benefit the student body in
17 general. These purposes include, but are not limited to,
18 student publications and grants to duly recognized student
19 organizations, the membership of which is open to all students
20 at the community college without regard to race, sex, or
21 religion.
22 (8)(a) Each community college board of trustees is
23 authorized to establish a separate fee for financial aid
24 purposes in an additional amount up to, but not to exceed, 5
25 percent of the total student tuition or out-of-state fees
26 collected. Each community college board of trustees may
27 collect up to an additional 2 percent if the amount generated
28 by the total financial aid fee is less than $250,000. If the
29 amount generated is less than $250,000, a community college
30 that charges tuition and out-of-state fees at least equal to
31 the average fees established by rule may transfer from the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 general current fund to the scholarship fund an amount equal
2 to the difference between $250,000 and the amount generated by
3 the total financial aid fee assessment. No other transfer from
4 the general current fund to the loan, endowment, or
5 scholarship fund, by whatever name known, is authorized.
6 (b) All funds collected under this program shall be
7 placed in the loan and endowment fund or scholarship fund of
8 the college, by whatever name known. Such funds shall be
9 disbursed to students as quickly as possible. An amount not
10 greater than 40 percent of the fees collected in a fiscal year
11 may be carried forward unexpended to the following fiscal
12 year. However, funds collected prior to July 1, 1989, and
13 placed in an endowment fund may not be considered part of the
14 balance of funds carried forward unexpended to the following
15 fiscal year.
16 (c) Up to 25 percent or $300,000, whichever is
17 greater, of the financial aid fees collected may be used to
18 assist students who demonstrate academic merit; who
19 participate in athletics, public service, cultural arts, and
20 other extracurricular programs as determined by the
21 institution; or who are identified as members of a targeted
22 gender or ethnic minority population. The financial aid fee
23 revenues allocated for athletic scholarships and fee
24 exemptions provided pursuant to s. 1009.25(3) for athletes
25 shall be distributed equitably as required by s.
26 1000.05(3)(d). A minimum of 75 percent of the balance of these
27 funds for new awards shall be used to provide financial aid
28 based on absolute need, and the remainder of the funds shall
29 be used for academic merit purposes and other purposes
30 approved by the boards of trustees. Such other purposes shall
31 include the payment of child care fees for students with
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 financial need. The State Board of Education shall develop
2 criteria for making financial aid awards. Each college shall
3 report annually to the Department of Education on the revenue
4 collected pursuant to this paragraph, the amount carried
5 forward, the criteria used to make awards, the amount and
6 number of awards for each criterion, and a delineation of the
7 distribution of such awards. The report shall include an
8 assessment by category of the financial need of every student
9 who receives an award, regardless of the purpose for which the
10 award is received. Awards which are based on financial need
11 shall be distributed in accordance with a nationally
12 recognized system of need analysis approved by the State Board
13 of Education. An award for academic merit shall require a
14 minimum overall grade point average of 3.0 on a 4.0 scale or
15 the equivalent for both initial receipt of the award and
16 renewal of the award.
17 (d) These funds may not be used for direct or indirect
18 administrative purposes or salaries.
19 (9) Any community college that reports students who
20 have not paid fees in an approved manner in calculations of
21 full-time equivalent enrollments for state funding purposes
22 shall be penalized at a rate equal to two times the value of
23 such enrollments. Such penalty shall be charged against the
24 following year's allocation from the Community College Program
25 Fund and shall revert to the General Revenue Fund.
26 (10) Each community college board of trustees is
27 authorized to establish a separate fee for technology, which
28 may not exceed $1.80 per credit hour or credit-hour equivalent
29 for resident students and not more than $5.40 per credit hour
30 or credit-hour equivalent for nonresident students, to be
31 expended according to technology improvement plans. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 technology fee may apply to both college credit and
2 college-preparatory instruction. Fifty percent of technology
3 fee revenues may be pledged by a community college board of
4 trustees as a dedicated revenue source for the repayment of
5 debt, including lease-purchase agreements, not to exceed the
6 useful life of the asset being financed. Revenues generated
7 from the technology fee may not be bonded.
8 (11) Each community college board of trustees may
9 establish a separate fee for capital improvements, technology
10 enhancements, or equipping student buildings which may not
11 exceed $1 per credit hour or credit-hour equivalent for
12 residents and which equals or exceeds $3 per credit hour for
13 nonresidents. Funds collected by community colleges through
14 these fees may be bonded only for the purpose of financing or
15 refinancing new construction and equipment, renovation, or
16 remodeling of educational facilities. The fee shall be
17 collected as a component part of the tuition and fees, paid
18 into a separate account, and expended only to construct and
19 equip, maintain, improve, or enhance the educational
20 facilities of the community college. Projects funded through
21 the use of the capital improvement fee shall meet the survey
22 and construction requirements of chapter 1013. Pursuant to s.
23 216.0158, each community college shall identify each project,
24 including maintenance projects, proposed to be funded in whole
25 or in part by such fee. Capital improvement fee revenues may
26 be pledged by a board of trustees as a dedicated revenue
27 source to the repayment of debt, including lease-purchase
28 agreements and revenue bonds, with a term not to exceed 20
29 years, and not to exceed the useful life of the asset being
30 financed, only for the new construction and equipment,
31 renovation, or remodeling of educational facilities. Community
892
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 colleges may use the services of the Division of Bond Finance
2 of the State Board of Administration to issue any bonds
3 authorized through the provisions of this subsection. Any such
4 bonds issued by the Division of Bond Finance shall be in
5 compliance with the provisions of the State Bond Act. Bonds
6 issued pursuant to the State Bond Act shall be validated in
7 the manner provided by chapter 75. The complaint for such
8 validation shall be filed in the circuit court of the county
9 where the seat of state government is situated, the notice
10 required to be published by s. 75.06 shall be published only
11 in the county where the complaint is filed, and the complaint
12 and order of the circuit court shall be served only on the
13 state attorney of the circuit in which the action is pending.
14 A maximum of 15 cents per credit hour may be allocated from
15 the capital improvement fee for child care centers conducted
16 by the community college.
17 (12) In addition to tuition, out-of-state, financial
18 aid, capital improvement, student activity and service, and
19 technology fees authorized in this section, each community
20 college board of trustees is authorized to establish fee
21 schedules for the following user fees and fines: laboratory
22 fees; parking fees and fines; library fees and fines; fees and
23 fines relating to facilities and equipment use or damage;
24 access or identification card fees; duplicating, photocopying,
25 binding, or microfilming fees; standardized testing fees;
26 diploma replacement fees; transcript fees; application fees;
27 graduation fees; and late fees related to registration and
28 payment. Such user fees and fines shall not exceed the cost of
29 the services provided and shall only be charged to persons
30 receiving the service. A community college may not charge any
31 fee except as authorized by law or rules of the State Board of
893
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education. Parking fee revenues may be pledged by a community
2 college board of trustees as a dedicated revenue source for
3 the repayment of debt, including lease-purchase agreements and
4 revenue bonds with terms not exceeding 20 years and not
5 exceeding the useful life of the asset being financed.
6 Community colleges shall use the services of the Division of
7 Bond Finance of the State Board of Administration to issue any
8 revenue bonds authorized by the provisions of this subsection.
9 Any such bonds issued by the Division of Bond Finance shall be
10 in compliance with the provisions of the State Bond Act. Bonds
11 issued pursuant to the State Bond Act shall be validated in
12 the manner established in chapter 75. The complaint for such
13 validation shall be filed in the circuit court of the county
14 where the seat of state government is situated, the notice
15 required to be published by s. 75.06 shall be published only
16 in the county where the complaint is filed, and the complaint
17 and order of the circuit court shall be served only on the
18 state attorney of the circuit in which the action is pending.
19 (13) The State Board of Education shall specify, as
20 necessary, by rule, approved methods of student fee payment.
21 Such methods shall include, but not be limited to, student fee
22 payment; payment through federal, state, or institutional
23 financial aid; and employer fee payments.
24 (14) Each community college board of trustees shall
25 report only those students who have actually enrolled in
26 instruction provided or supervised by instructional personnel
27 under contract with the community college in calculations of
28 actual full-time equivalent enrollments for state funding
29 purposes. No student who has been exempted from taking a
30 course or who has been granted academic or technical credit
31 through means other than actual coursework completed at the
894
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 granting institution shall be calculated for enrollment in the
2 course from which he or she has been exempted or granted
3 credit. Community colleges that report enrollments in
4 violation of this subsection shall be penalized at a rate
5 equal to two times the value of such enrollments. Such penalty
6 shall be charged against the following year's allocation from
7 the Community College Program Fund and shall revert to the
8 General Revenue Fund.
9 (15) Each community college may assess a service
10 charge for the payment of tuition and fees in installments.
11 Such service charge must be approved by the community college
12 board of trustees.
13 (16) The State Board of Education shall adopt a rule
14 specifying the definitions and procedures to be used in the
15 calculation of the percentage of cost paid by students. The
16 rule must provide for the calculation of the full cost of
17 educational programs based on the allocation of all funds
18 provided through the general current fund to programs of
19 instruction, and other activities as provided in the annual
20 expenditure analysis. The rule shall be developed in
21 consultation with the Legislature.
22 Section 404. Section 1009.24, Florida Statutes, is
23 created to read:
24 1009.24 State university student fees.--
25 (1) This section applies to students enrolled in
26 college credit programs at state universities.
27 (2) All students shall be charged fees except students
28 who are exempt from fees or students whose fees are waived.
29 (3) Within proviso in the General Appropriations Act
30 and law, each board of trustees shall set university tuition
31 and fees. The sum of the activity and service, health, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 athletic fees a student is required to pay to register for a
2 course shall not exceed 40 percent of the tuition established
3 in law or in the General Appropriations Act. No university
4 shall be required to lower any fee in effect on the effective
5 date of this act in order to comply with this subsection.
6 Within the 40 percent cap, universities may not increase the
7 aggregate sum of activity and service, health, and athletic
8 fees more than 5 percent per year unless specifically
9 authorized in law or in the General Appropriations Act. This
10 subsection does not prohibit a university from increasing or
11 assessing optional fees related to specific activities if
12 payment of such fees is not required as a part of registration
13 for courses.
14 (4) A university that has a service area that borders
15 another state may implement a plan for a differential
16 out-of-state fee.
17 (5) Students who are enrolled in Programs in Medical
18 Sciences are considered graduate students for the purpose of
19 enrollment and student fees.
20 (6) A university board of trustees is authorized to
21 collect for financial aid purposes an amount not to exceed 5
22 percent of the tuition and out-of-state fee. The revenues from
23 fees are to remain at each campus and replace existing
24 financial aid fees. Such funds shall be disbursed to students
25 as quickly as possible. A minimum of 75 percent of funds from
26 the student financial aid fee for new financial aid awards
27 shall be used to provide financial aid based on absolute need.
28 A student who has received an award prior to July 1, 1984,
29 shall have his or her eligibility assessed on the same
30 criteria that were used at the time of his or her original
31 award. The State Board of Education shall develop criteria for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 making financial aid awards. Each university shall report
2 annually to the Department of Education on the revenue
3 collected pursuant to this subsection, the amount carried
4 forward, the criteria used to make awards, the amount and
5 number of awards for each criterion, and a delineation of the
6 distribution of such awards. The report shall include an
7 assessment by category of the financial need of every student
8 who receives an award, regardless of the purpose for which the
9 award is received. Awards which are based on financial need
10 shall be distributed in accordance with a nationally
11 recognized system of need analysis approved by the State Board
12 of Education. An award for academic merit shall require a
13 minimum overall grade point average of 3.0 on a 4.0 scale or
14 the equivalent for both initial receipt of the award and
15 renewal of the award.
16 (7) The Capital Improvement Trust Fund fee is
17 established as $2.44 per credit hour per semester. The
18 building fee is established as $2.32 per credit hour per
19 semester.
20 (8) Each university board of trustees is authorized to
21 establish separate activity and service, health, and athletic
22 fees. When duly established, the fees shall be collected as
23 component parts of tuition and fees and shall be retained by
24 the university and paid into the separate activity and
25 service, health, and athletic funds.
26 (9)(a) Each university board of trustees shall
27 establish a student activity and service fee on the main
28 campus of the university. The university board may also
29 establish a student activity and service fee on any branch
30 campus or center. Any subsequent increase in the activity and
31 service fee must be recommended by an activity and service fee
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 committee, at least one-half of whom are students appointed by
2 the student body president. The remainder of the committee
3 shall be appointed by the university president. A chairperson,
4 appointed jointly by the university president and the student
5 body president, shall vote only in the case of a tie. The
6 recommendations of the committee shall take effect only after
7 approval by the university president, after consultation with
8 the student body president, with final approval by the
9 university board of trustees. An increase in the activity and
10 service fee may occur only once each fiscal year and must be
11 implemented beginning with the fall term. The State Board of
12 Education is responsible for promulgating the rules and
13 timetables necessary to implement this fee.
14 (b) The student activity and service fees shall be
15 expended for lawful purposes to benefit the student body in
16 general. This shall include, but shall not be limited to,
17 student publications and grants to duly recognized student
18 organizations, the membership of which is open to all students
19 at the university without regard to race, sex, or religion.
20 The fund may not benefit activities for which an admission fee
21 is charged to students, except for
22 student-government-association-sponsored concerts. The
23 allocation and expenditure of the fund shall be determined by
24 the student government association of the university, except
25 that the president of the university may veto any line item or
26 portion thereof within the budget when submitted by the
27 student government association legislative body. The
28 university president shall have 15 school days from the date
29 of presentation of the budget to act on the allocation and
30 expenditure recommendations, which shall be deemed approved if
31 no action is taken within the 15 school days. If any line item
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or portion thereof within the budget is vetoed, the student
2 government association legislative body shall within 15 school
3 days make new budget recommendations for expenditure of the
4 vetoed portion of the fund. If the university president vetoes
5 any line item or portion thereof within the new budget
6 revisions, the university president may reallocate by line
7 item that vetoed portion to bond obligations guaranteed by
8 activity and service fees. Unexpended funds and undisbursed
9 funds remaining at the end of a fiscal year shall be carried
10 over and remain in the student activity and service fund and
11 be available for allocation and expenditure during the next
12 fiscal year.
13 (10) Each university board of trustees shall establish
14 a student health fee on the main campus of the university. The
15 university board of trustees may also establish a student
16 health fee on any branch campus or center. Any subsequent
17 increase in the health fee must be recommended by a health
18 committee, at least one-half of whom are students appointed by
19 the student body president. The remainder of the committee
20 shall be appointed by the university president. A chairperson,
21 appointed jointly by the university president and the student
22 body president, shall vote only in the case of a tie. The
23 recommendations of the committee shall take effect only after
24 approval by the university president, after consultation with
25 the student body president, with final approval by the
26 university board of trustees. An increase in the health fee
27 may occur only once each fiscal year and must be implemented
28 beginning with the fall term. The State Board of Education is
29 responsible for promulgating the rules and timetables
30 necessary to implement this fee.
31 (11) Each university board of trustees shall establish
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a separate athletic fee on the main campus of the university.
2 The university board may also establish a separate athletic
3 fee on any branch campus or center. Any subsequent increase in
4 the athletic fee must be recommended by an athletic fee
5 committee, at least one-half of whom are students appointed by
6 the student body president. The remainder of the committee
7 shall be appointed by the university president. A chairperson,
8 appointed jointly by the university president and the student
9 body president, shall vote only in the case of a tie. The
10 recommendations of the committee shall take effect only after
11 approval by the university president, after consultation with
12 the student body president, with final approval by the
13 university board of trustees. An increase in the athletic fee
14 may occur only once each fiscal year and must be implemented
15 beginning with the fall term. The State Board of Education is
16 responsible for promulgating the rules and timetables
17 necessary to implement this fee.
18 (12) Each university board of trustees is authorized
19 to establish the following fees:
20 (a) A nonrefundable application fee in an amount not
21 to exceed $30.
22 (b) An orientation fee in an amount not to exceed $35.
23 (c) A fee for security, access, or identification
24 cards. The annual fee for such a card may not exceed $10 per
25 card. The maximum amount charged for a replacement card may
26 not exceed $15.
27 (d) Registration fees for audit and zero-hours
28 registration; a service charge, which may not exceed $15, for
29 the payment of tuition in installments; and a
30 late-registration fee in an amount not less than $50 nor more
31 than $100 to be imposed on students who fail to initiate
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 registration during the regular registration period.
2 (e) A late-payment fee in an amount not less than $50
3 nor more than $100 to be imposed on students who fail to pay
4 or fail to make appropriate arrangements to pay (by means of
5 installment payment, deferment, or third-party billing)
6 tuition by the deadline set by each university. Each
7 university may adopt specific procedures or policies for
8 waiving the late-payment fee for minor underpayments.
9 (f) A fee for miscellaneous health-related charges for
10 services provided at cost by the university health center
11 which are not covered by the health fee set under subsection
12 (10).
13 (g) Materials and supplies fees to offset the cost of
14 materials or supplies that are consumed in the course of the
15 student's instructional activities, excluding the cost of
16 equipment replacement, repairs, and maintenance.
17 (h) Housing rental rates and miscellaneous housing
18 charges for services provided by the university at the request
19 of the student.
20 (i) A charge representing the reasonable cost of
21 efforts to collect payment of overdue accounts.
22 (j) A service charge on university loans in lieu of
23 interest and administrative handling charges.
24 (k) A fee for off-campus course offerings when the
25 location results in specific, identifiable increased costs to
26 the university.
27 (l) Library fees and fines, including charges for
28 damaged and lost library materials, overdue reserve library
29 books, interlibrary loans, and literature searches.
30 (m) Fees relating to duplicating, photocopying,
31 binding, and microfilming; copyright services; and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 standardized testing. These fees may be charged only to those
2 who receive the services.
3 (n) Fees and fines relating to the use, late return,
4 and loss and damage of facilities and equipment.
5 (o) A returned-check fee as authorized by s. 832.07(1)
6 for unpaid checks returned to the university.
7 (p) Traffic and parking fines, charges for parking
8 decals, and transportation access fees.
9 (q) An Educational Research Center for Child
10 Development fee for child care and services offered by the
11 center.
12 (r) Fees for transcripts and diploma replacement, not
13 to exceed $10 per item.
14 (13) The board of trustees of the University of
15 Florida is authorized to establish an admissions deposit fee
16 for the University of Florida College of Dentistry in an
17 amount not to exceed $200.
18 (14) Each university may assess a service charge for
19 the payment of tuition and fees in installments. Such service
20 charge must be approved by the university board of trustees.
21 Section 405. Section 1009.25, Florida Statutes, is
22 created to read:
23 1009.25 Fee exemptions.--
24 (1) The following students are exempt from any
25 requirement for the payment of tuition and fees, including lab
26 fees, for adult basic, adult secondary, or
27 vocational-preparatory instruction:
28 (a) A student who does not have a high school diploma
29 or its equivalent.
30 (b) A student who has a high school diploma or its
31 equivalent and who has academic skills at or below the eighth
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 grade level pursuant to state board rule. A student is
2 eligible for this exemption from fees if the student's skills
3 are at or below the eighth grade level as measured by a test
4 administered in the English language and approved by the
5 Department of Education, even if the student has skills above
6 that level when tested in the student's native language.
7 (2) The following students are exempt from the payment
8 of tuition and fees, including lab fees, at a school district
9 that provides postsecondary career and technical programs,
10 community college, or state university:
11 (a) A student enrolled in a dual enrollment or early
12 admission program pursuant to s. 1007.27 or s. 1007.271.
13 (b) A student enrolled in an approved apprenticeship
14 program, as defined in s. 446.021.
15 (c) A student for whom the state is paying a foster
16 care board payment pursuant to s. 409.145(3) or pursuant to
17 parts II and III of chapter 39, for whom the permanency
18 planning goal pursuant to part III of chapter 39 is long-term
19 foster care or independent living, or who is adopted from the
20 Department of Children and Family Services after May 5, 1997.
21 Such exemption includes fees associated with enrollment in
22 vocational-preparatory instruction and completion of the
23 college-level communication and computation skills testing
24 program. Such exemption shall be available to any student
25 adopted from the Department of Children and Family Services
26 after May 5, 1997; however, the exemption shall be valid for
27 no more than 4 years after the date of graduation from high
28 school.
29 (d) A student enrolled in an employment and training
30 program under the welfare transition program. The regional
31 workforce board shall pay the state university, community
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 college, or school district for costs incurred for welfare
2 transition program participants.
3 (e) A student who lacks a fixed, regular, and adequate
4 nighttime residence or whose primary nighttime residence is a
5 public or private shelter designed to provide temporary
6 residence for individuals intended to be institutionalized, or
7 a public or private place not designed for, or ordinarily used
8 as, a regular sleeping accommodation for human beings.
9 (f) A student who is a proprietor, owner, or worker of
10 a company whose business has been at least 50 percent
11 negatively financially impacted by the buy-out of property
12 around Lake Apopka by the State of Florida. Such a student may
13 receive a fee exemption only if the student has not received
14 compensation because of the buy-out, the student is designated
15 a Florida resident for tuition purposes, pursuant to s.
16 1009.21, and the student has applied for and been denied
17 financial aid, pursuant to s. 1009.40, which would have
18 provided, at a minimum, payment of all student fees. The
19 student is responsible for providing evidence to the
20 postsecondary education institution verifying that the
21 conditions of this paragraph have been met, including support
22 documentation provided by the Department of Revenue. The
23 student must be currently enrolled in, or begin coursework
24 within, a program area by fall semester 2000. The exemption
25 is valid for a period of 4 years from the date that the
26 postsecondary education institution confirms that the
27 conditions of this paragraph have been met.
28 (3) Each community college is authorized to grant
29 student fee exemptions from all fees adopted by the State
30 Board of Education and the community college board of trustees
31 for up to 40 full-time equivalent students at each
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 institution.
2 Section 406. Section 1009.26, Florida Statutes, is
3 created to read:
4 1009.26 Fee waivers.--
5 (1) School districts and community colleges may waive
6 fees for any fee-nonexempt student. The total value of fee
7 waivers granted by the school district or community college
8 may not exceed the amount established annually in the General
9 Appropriations Act. Any student whose fees are waived in
10 excess of the authorized amount may not be reported for state
11 funding purposes. Any school district or community college
12 that waives fees and requests state funding for a student in
13 violation of the provisions of this section shall be penalized
14 at a rate equal to 2 times the value of the full-time student
15 enrollment reported.
16 (2) A state university may waive any or all
17 application, tuition, and related fees for persons who
18 supervise student interns for a state university.
19 (3) A university board of trustees is authorized to
20 permit full-time university employees who meet academic
21 requirements to enroll for up to 6 credit hours of
22 tuition-free courses per term on a space-available basis.
23 (4) A state university may waive any or all
24 application, tuition, and related fees for persons 60 years of
25 age or older who are residents of this state and who attend
26 classes for credit. No academic credit shall be awarded for
27 attendance in classes for which fees are waived under this
28 subsection. This privilege may be granted only on a
29 space-available basis, if such classes are not filled as of
30 the close of registration. A university may limit or deny the
31 privilege for courses which are in programs for which the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 State Board of Education has established selective admissions
2 criteria. Persons paying full fees and state employees taking
3 courses on a space-available basis shall have priority over
4 those persons whose fees are waived in all cases where
5 classroom spaces are limited.
6 (5) Any graduate student enrolled in a state-approved
7 school psychology training program shall be entitled to a
8 waiver of registration fees for internship credit hours
9 applicable to an internship in the public school system under
10 the supervision of a Department of Education certified school
11 psychologist employed by the school system.
12 (6) The State Board of Education may establish rules
13 to allow for the waiver of out-of-state fees for
14 nondegree-seeking students enrolled at a state university if
15 the earned student credit hours generated by such students are
16 nonfundable and the direct cost for the program of study is
17 recovered from the fees charged to all students.
18 (7) The spouse of a deceased state employee is
19 entitled, when eligible for the payment of student fees by the
20 state as employer pursuant to s. 440.16, in lieu of such
21 payment, to a full waiver of student fees for up to 80
22 semester hours in any community college.
23 (8) Fees shall be waived for certain members of the
24 active Florida National Guard pursuant to s. 250.10(8).
25 Section 407. Section 1009.265, Florida Statutes, is
26 created to read:
27 1009.265 State employee fee waivers.--
28 (1) As a benefit to the employer and employees of the
29 state, subject to approval by an employee's agency head or the
30 equivalent, each state university and community college shall
31 waive tuition and fees for state employees to enroll for up to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 6 credit hours of courses per term on a space-available basis.
2 (2) The Comptroller, in cooperation with the community
3 colleges and state universities, shall identify and implement
4 ways to ease the administrative burden to community colleges
5 and state universities, including, but not limited to,
6 providing easier access to verify state employment.
7 (3) From funds appropriated by the Legislature for
8 implementation of this section, community colleges and state
9 universities shall be reimbursed for administrative costs on a
10 pro rata basis according to the cost assessment data developed
11 by the Department of Education.
12 Section 408. Section 1009.27, Florida Statutes, is
13 created to read:
14 1009.27 Deferral of fees.--
15 (1) The State Board of Education shall adopt rules to
16 allow the deferral of tuition and registration fees for
17 students receiving financial aid from a federal or state
18 assistance program when the aid is delayed in being
19 transmitted to the student through circumstances beyond the
20 control of the student. The failure to make timely application
21 for the aid is an insufficient reason to receive a deferral of
22 fees. The rules must provide for the enforcement and
23 collection or other settlement of delinquent accounts.
24 (2) Any veteran or other eligible student who receives
25 benefits under chapter 30, chapter 31, chapter 32, chapter 34,
26 or chapter 35 of Title 38, U.S.C., or chapter 106 of Title 10,
27 U.S.C., is entitled to one deferment each academic year and an
28 additional deferment each time there is a delay in the receipt
29 of benefits.
30 (3) Each school district, community college, and state
31 university is responsible for collecting all deferred fees. If
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a school district, community college, or state university has
2 not collected a deferred fee, the student may not earn state
3 funding for any course for which the student subsequently
4 registers until the fee has been paid.
5 Section 409. Section 1009.28, Florida Statutes, is
6 created to read:
7 1009.28 Fees for repeated enrollment in
8 college-preparatory classes.--A student enrolled in the same
9 college-preparatory class more than twice shall pay 100
10 percent of the full cost of instruction to support continuous
11 enrollment of that student in the same class, and the student
12 shall not be included in calculations of full-time equivalent
13 enrollments for state funding purposes; however, students who
14 withdraw or fail a class due to extenuating circumstances may
15 be granted an exception only once for each class, provided
16 approval is granted according to policy established by the
17 board of trustees. Each community college may review and
18 reduce fees paid by students due to continued enrollment in a
19 college-preparatory class on an individual basis contingent
20 upon the student's financial hardship, pursuant to definitions
21 and fee levels established by the State Board of Education.
22 Section 410. Section 1009.285, Florida Statutes, is
23 created to read:
24 1009.285 Fees for repeated enrollment in
25 college-credit courses.--A student enrolled in the same
26 undergraduate college-credit course more than twice shall pay
27 tuition at 100 percent of the full cost of instruction and
28 shall not be included in calculations of full-time equivalent
29 enrollments for state funding purposes. However, students who
30 withdraw or fail a class due to extenuating circumstances may
31 be granted an exception only once for each class, provided
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that approval is granted according to policy established by
2 the community college board of trustees or the university
3 board of trustees. Each community college and state university
4 may review and reduce fees paid by students due to continued
5 enrollment in a college-credit class on an individual basis
6 contingent upon the student's financial hardship, pursuant to
7 definitions and fee levels established by the State Board of
8 Education. For purposes of this section, first-time enrollment
9 in a class shall mean enrollment in a class beginning fall
10 semester 1997, and calculations of the full cost of
11 instruction shall be based on the systemwide average of the
12 prior year's cost of undergraduate programs for the community
13 colleges and the state universities. Boards of trustees may
14 make exceptions to this section for individualized study,
15 elective coursework, courses that are repeated as a
16 requirement of a major, and courses that are intended as
17 continuing over multiple semesters, excluding the repeat of
18 coursework more than two times to increase grade point average
19 or meet minimum course grade requirements.
20 Section 411. Section 1009.29, Florida Statutes, is
21 created to read:
22 1009.29 Increased fees for funding financial aid
23 program.--
24 (1) Student tuition and registration fees at each
25 state university and community college shall include up to
26 $4.68 per quarter, or $7.02 per semester, per full-time
27 student, or the per-student credit hour equivalents of such
28 amounts. The fees provided for by this section shall be
29 adjusted from time to time, as necessary, to comply with the
30 debt service coverage requirements of the student loan revenue
31 bonds issued pursuant to s. 1009.79. If the Division of Bond
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Finance of the State Board of Education and the Commissioner
2 of Education determine that such fees are no longer required
3 as security for revenue bonds issued pursuant to ss.
4 1009.78-1009.88, moneys previously collected pursuant to this
5 section which are held in escrow, after administrative
6 expenses have been met and up to $150,000 has been used to
7 establish a financial aid data processing system for the state
8 universities incorporating the necessary features to meet the
9 needs of all nine universities for application through
10 disbursement processing, shall be reallocated to the
11 generating institutions to be used for student financial aid
12 programs, including, but not limited to, scholarships and
13 grants for educational purposes. Upon such determination, such
14 fees shall no longer be assessed and collected.
15 (2) The Department of Education may, in accordance
16 with rules established by the State Board of Administration,
17 receive and administer grants and donations from any source
18 and, in its discretion, establish criteria, select recipients,
19 and award scholarships and loans from the fees provided for by
20 this section, and fix the interest rates and terms of
21 repayment.
22 Section 412. Part III of chapter 1009, Florida
23 Statutes, shall be entitled "Financial Assistance" and shall
24 consist of ss. 1009.40-1009.96.
25 Section 413. Part III.a. of chapter 1009, Florida
26 Statutes, shall be entitled "General Provisions" and shall
27 consist of ss. 1009.40-1009.44.
28 Section 414. Section 1009.40, Florida Statutes, is
29 created to read:
30 1009.40 General requirements for student eligibility
31 for state financial aid.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1)(a) The general requirements for eligibility of
2 students for state financial aid awards consist of the
3 following:
4 1. Achievement of the academic requirements of and
5 acceptance at a state university or community college; a
6 nursing diploma school approved by the Florida Board of
7 Nursing; a Florida college, university, or community college
8 which is accredited by an accrediting agency recognized by the
9 State Board of Education; any Florida institution the credits
10 of which are acceptable for transfer to state universities;
11 any technical center; or any private technical institution
12 accredited by an accrediting agency recognized by the State
13 Board of Education.
14 2. Residency in this state for no less than 1 year
15 preceding the award of aid for a program established pursuant
16 to s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.56, s. 1009.53,
17 s. 1009.54, s. 1009.57, s. 1009.60, s. 1009.60, s. 1009.62, s.
18 1009.63, s. 1009.76, s. 1009.72, s. 1009.73, s. 1009.77, or s.
19 1009.89. Residency in this state must be for purposes other
20 than to obtain an education. Resident status for purposes of
21 receiving state financial aid awards shall be determined in
22 the same manner as resident status for tuition purposes
23 pursuant to s. 1009.21 and rules of the State Board of
24 Education.
25 3. Submission of certification attesting to the
26 accuracy, completeness, and correctness of information
27 provided to demonstrate a student's eligibility to receive
28 state financial aid awards. Falsification of such information
29 shall result in the denial of any pending application and
30 revocation of any award currently held to the extent that no
31 further payments shall be made. Additionally, students who
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 knowingly make false statements in order to receive state
2 financial aid awards shall be guilty of a misdemeanor of the
3 second degree subject to the provisions of s. 837.06 and shall
4 be required to return all state financial aid awards
5 wrongfully obtained.
6 (b)1. Eligibility for the renewal of undergraduate
7 financial aid awards shall be evaluated at the end of the
8 second semester or third quarter of each academic year. As a
9 condition for renewal, a student shall:
10 a. Have earned a minimum cumulative grade point
11 average of 2.0 on a 4.0 scale; and
12 b. Have earned, for full-time study, 12 credits per
13 term or the equivalent for the number of terms for which aid
14 was received.
15 2. A student who earns the minimum number of credits
16 required for renewal, but who fails to meet the minimum 2.0
17 cumulative grade point average, may be granted a probationary
18 award for up to the equivalent of 1 academic year and shall be
19 required to earn a cumulative grade point average of 2.0 on a
20 4.0 scale by the end of the probationary period to be eligible
21 for subsequent renewal. A student who receives a probationary
22 award and who fails to meet the conditions for renewal by the
23 end of his or her probationary period shall be ineligible to
24 receive additional awards for the equivalent of 1 academic
25 year following his or her probationary period. Each such
26 student may, however, reapply for assistance during a
27 subsequent application period and may be eligible for an award
28 if he or she has earned a cumulative grade point average of
29 2.0 on a 4.0 scale.
30 3. A student who fails to earn the minimum number of
31 credits required for renewal shall lose his or her eligibility
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for renewal for a period equivalent to 1 academic year.
2 However, the student may reapply during a subsequent
3 application period and may be eligible for an award if he or
4 she has earned a minimum cumulative grade point average of 2.0
5 on a 4.0 scale.
6 4. Students who receive state student aid and
7 subsequently fail to meet state academic progress requirements
8 due to verifiable illness or other emergencies may be granted
9 an exception from the academic requirements. Such students
10 shall make a written appeal to the institution. The appeal
11 shall include a description and verification of the
12 circumstances. Verification of illness or other emergencies
13 may include but not be limited to a physician's statement or
14 written statement of a parent or college official. The
15 institution shall recommend exceptions with necessary
16 documentation to the department. The department may accept or
17 deny such recommendations for exception from the institution.
18 (2) These requirements do not preclude higher
19 standards specified in other sections of this part, in rules
20 of the state board, or in rules of a participating
21 institution.
22 (3) Undergraduate students are be eligible to receive
23 financial aid for a maximum of 8 semesters or 12 quarters.
24 However, undergraduate students participating in
25 college-preparatory instruction, students requiring additional
26 time to complete the college-level communication and
27 computation skills testing programs, or students enrolled in a
28 5-year undergraduate degree program are eligible to receive
29 financial aid for a maximum of 10 semesters or 15 quarters.
30 (4) No student is eligible to receive more than one
31 state scholarship that is based on academic merit. Students
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 who qualify for more than one such scholarship shall be
2 notified of all awards for which they qualify and shall be
3 provided the opportunity to accept one of their choosing.
4 Section 415. Section 1009.41, Florida Statutes, is
5 created to read:
6 1009.41 State financial aid; students with a
7 disability.--Notwithstanding the provisions of s.
8 1009.40(1)(b)1.b. regarding the number of credits earned per
9 term, or other financial aid eligibility requirements related
10 to the number of required credits earned per term, a student
11 with a documented disability, as defined by the Americans with
12 Disabilities Act, shall be eligible to be considered for state
13 financial aid while attending an eligible postsecondary
14 institution on a part-time basis. The State Board of Education
15 shall establish the necessary criteria for documentation of
16 the student's disability and the postsecondary institution
17 shall make the determination as to whether or not the
18 disability is such that part-time status is a necessary
19 accommodation. For the purposes of this section, financial aid
20 funds may be prorated based on the number of credit hours
21 taken.
22 Section 416. Section 1009.42, Florida Statutes, is
23 created to read:
24 1009.42 Financial aid appeal process.--
25 (1) The State Board of Education shall adopt, by rule,
26 a procedure for the appeal of errors in eligibility
27 determinations, or failure to transfer awards between eligible
28 institutions, made by the Office of Student Financial
29 Assistance of the Department of Education, regarding
30 applicants' eligibility for receiving state student financial
31 aid awards. The procedure must provide for establishment of a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 committee to consider appeals that are not resolved by other
2 administrative action. Each committee must be comprised of
3 four members appointed by the Commissioner of Education,
4 including one representative of the Office of Student
5 Financial Assistance; two practicing financial aid
6 administrators from public or private postsecondary
7 institutions in this state, one of whom must be from an
8 institution other than one to which the applicant is seeking
9 admission; and one student enrolled in a public postsecondary
10 institution in this state, nominated by the Florida Student
11 Association. An applicant for state student financial aid who
12 believes an error has been made in determining eligibility for
13 student financial assistance or who believes the department
14 has failed to transfer an award between eligible institutions
15 may appeal the decision in writing to the Office of Student
16 Financial Assistance. The Office of Student Financial
17 Assistance shall investigate the complaint and take
18 appropriate action within 30 days after its receipt of the
19 appeal. If the student wishes further review of the appeal,
20 the Office of Student Financial Assistance shall forward the
21 appeal to the committee. Within 30 days after the receipt of a
22 request for a hearing, a final decision shall be rendered by
23 the committee established under this section, and a copy of
24 the decision shall be provided to the applicant. The decision
25 rendered by the committee constitutes final agency action. A
26 description of the financial aid appeals process shall be
27 included in the application form for each state student
28 financial aid program.
29 (2) The president of each state university and each
30 community college shall establish a procedure for appeal, by
31 students, of grievances related to the award or administration
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of financial aid at the institution.
2 (3) A student involved in a financial aid appeal
3 proceeding is eligible for a deferral of registration and fee
4 payments pursuant to s. 1009.27.
5 Section 417. Section 1009.43, Florida Statutes, is
6 created to read:
7 1009.43 State student financial assistance;
8 authorization for use in program of study in another state or
9 foreign country.--A student who is enrolled in a public or
10 private postsecondary educational institution in this state
11 may apply state student financial assistance towards the cost
12 of a program of study in another state or a foreign country
13 for a period of up to 1 year, if the program of study is
14 offered or promoted by the Florida institution as an integral
15 part of the academic studies of that degree-seeking student or
16 as a program that would enhance the student's academic
17 experience. This program must be approved by the president of
18 the institution in this state or by his or her designee;
19 however, private, postsecondary Florida institutions with
20 out-of-state subsidiary institutions are not authorized to
21 make Florida residents attending their out-of-state subsidiary
22 institutions eligible for Florida financial assistance.
23 Section 418. Section 1009.44, Florida Statutes, is
24 created to read:
25 1009.44 Need-based financial aid; no preference to
26 students receiving other aid.--From the funds collected by
27 state universities and community colleges as a financial aid
28 fee and from other funds appropriated by the Legislature for
29 financial aid from the Educational Enhancement Trust Fund,
30 institutions shall expend those moneys designated as
31 need-based financial aid with no preference given to students
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 who also qualify for merit-based or other financial aid
2 awards.
3 Section 419. Part III.b. of chapter 1009, Florida
4 Statutes, shall be entitled "Scholarships, Grants, and Other
5 Aid" and shall consist of ss. 1009.50-1009.895.
6 Section 420. Section 1009.50, Florida Statutes, is
7 created to read:
8 1009.50 Florida Public Student Assistance Grant
9 Program; eligibility for grants.--
10 (1) There is hereby created a Florida Public Student
11 Assistance Grant Program. The program shall be administered by
12 the participating institutions in accordance with rules of the
13 state board.
14 (2)(a) State student assistance grants through the
15 program may be made only to full-time degree-seeking students
16 who meet the general requirements for student eligibility as
17 provided in s. 1009.40, except as otherwise provided in this
18 section. The grants shall be awarded annually for the amount
19 of demonstrated unmet need for the cost of education and may
20 not exceed an amount equal to the average prior academic year
21 cost of tuition fees and other registration fees for 30 credit
22 hours at state universities or such other amount as specified
23 in the General Appropriations Act, to any recipient. A
24 demonstrated unmet need of less than $200 shall render the
25 applicant ineligible for a state student assistance grant.
26 Recipients of the grants must have been accepted at a state
27 university or community college authorized by Florida law. No
28 student may receive an award for more than the equivalent of 9
29 semesters or 14 quarters of full-time enrollment, except as
30 otherwise provided in s. 1009.40(3).
31 (b) A student applying for a Florida public student
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 assistance grant shall be required to apply for the Pell
2 Grant. The Pell Grant entitlement shall be considered when
3 conducting an assessment of the financial resources available
4 to each student.
5 (c) Priority in the distribution of grant moneys shall
6 be given to students with the lowest total family resources,
7 in accordance with a nationally recognized system of need
8 analysis. Using the system of need analysis, the department
9 shall establish a maximum expected family contribution. An
10 institution may not make a grant from this program to a
11 student whose expected family contribution exceeds the level
12 established by the department. An institution may not impose
13 additional criteria to determine a student's eligibility to
14 receive a grant award.
15 (d) Each participating institution shall report, to
16 the department by the established date, the eligible students
17 to whom grant moneys are disbursed each academic term. Each
18 institution shall also report to the department necessary
19 demographic and eligibility data for such students.
20 (3) Based on the unmet financial need of an eligible
21 applicant, the amount of a Florida public student assistance
22 grant must be between $200 and the weighted average of the
23 cost of tuition and other registration fees for 30 credit
24 hours at state universities per academic year or the amount
25 specified in the General Appropriations Act.
26 (4)(a) The funds appropriated for the Florida Public
27 Student Assistance Grant shall be distributed to eligible
28 institutions in accordance with a formula approved by the
29 State Board of Education. The formula shall consider at least
30 the prior year's distribution of funds, the number of
31 full-time eligible applicants who did not receive awards, the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 standardization of the expected family contribution, and
2 provisions for unused funds.
3 (b) Payment of Florida public student assistance
4 grants shall be transmitted to the president of the state
5 university or community college, or to his or her
6 representative, in advance of the registration period.
7 Institutions shall notify students of the amount of their
8 awards.
9 (c) The eligibility status of each student to receive
10 a disbursement shall be determined by each institution as of
11 the end of its regular registration period, inclusive of a
12 drop-add period. Institutions shall not be required to
13 reevaluate a student's eligibility status after this date for
14 purposes of changing eligibility determinations previously
15 made.
16 (d) Institutions shall certify to the department the
17 amount of funds disbursed to each student and shall remit to
18 the department any undisbursed advances by June 1 of each
19 year.
20 (5) Funds appropriated by the Legislature for state
21 student assistance grants shall be deposited in the State
22 Student Financial Assistance Trust Fund. Notwithstanding the
23 provisions of s. 216.301 and pursuant to s. 216.351, any
24 balance in the trust fund at the end of any fiscal year that
25 has been allocated to the Florida Public Student Assistance
26 Grant Program shall remain therein and shall be available for
27 carrying out the purposes of this section.
28 (6) The State Board of Education shall establish rules
29 necessary to implement this section.
30 Section 421. Section 1009.51, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1009.51 Florida Private Student Assistance Grant
2 Program; eligibility for grants.--
3 (1) There is created a Florida Private Student
4 Assistance Grant Program. The program shall be administered by
5 the participating institutions in accordance with rules of the
6 State Board of Education.
7 (2)(a) Florida private student assistance grants from
8 the State Student Financial Assistance Trust Fund may be made
9 only to full-time degree-seeking students who meet the general
10 requirements for student eligibility as provided in s.
11 1009.40, except as otherwise provided in this section. Such
12 grants shall be awarded for the amount of demonstrated unmet
13 need for tuition and fees and may not exceed an amount equal
14 to the average tuition and other registration fees for 30
15 credit hours at state universities plus $1,000 per academic
16 year, or as specified in the General Appropriations Act, to
17 any applicant. A demonstrated unmet need of less than $200
18 shall render the applicant ineligible for a Florida private
19 student assistance grant. Recipients of such grants must have
20 been accepted at a baccalaureate-degree-granting independent
21 nonprofit college or university, which is accredited by the
22 Commission on Colleges of the Southern Association of Colleges
23 and Schools and which is located in and chartered as a
24 domestic corporation by the state. No student may receive an
25 award for more than the equivalent of 9 semesters or 14
26 quarters of full-time enrollment, except as otherwise provided
27 in s. 1009.40(3).
28 (b) A student applying for a Florida private student
29 assistance grant shall be required to apply for the Pell
30 Grant. The Pell Grant entitlement shall be considered when
31 conducting an assessment of the financial resources available
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to each student.
2 (c) Priority in the distribution of grant moneys shall
3 be given to students with the lowest total family resources,
4 in accordance with a nationally recognized system of need
5 analysis. Using the system of need analysis, the department
6 shall establish a maximum expected family contribution. An
7 institution may not make a grant from this program to a
8 student whose expected family contribution exceeds the level
9 established by the department. An institution may not impose
10 additional criteria to determine a student's eligibility to
11 receive a grant award.
12 (d) Each participating institution shall report, to
13 the department by the established date, the eligible students
14 to whom grant moneys are disbursed each academic term. Each
15 institution shall also report to the department necessary
16 demographic and eligibility data for such students.
17 (3) Based on the unmet financial need of an eligible
18 applicant, the amount of a Florida private student assistance
19 grant must be between $200 and the average cost of tuition and
20 other registration fees for 30 credit hours at state
21 universities plus $1,000 per academic year or the amount
22 specified in the General Appropriations Act.
23 (4)(a) The funds appropriated for the Florida Private
24 Student Assistance Grant shall be distributed to eligible
25 institutions in accordance with a formula approved by the
26 State Board of Education. The formula shall consider at least
27 the prior year's distribution of funds, the number of
28 full-time eligible applicants who did not receive awards, the
29 standardization of the expected family contribution, and
30 provisions for unused funds.
31 (b) Payment of Florida private student assistance
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 grants shall be transmitted to the president of the college or
2 university, or to his or her representative, in advance of the
3 registration period. Institutions shall notify students of the
4 amount of their awards.
5 (c) The eligibility status of each student to receive
6 a disbursement shall be determined by each institution as of
7 the end of its regular registration period, inclusive of a
8 drop-add period. Institutions shall not be required to
9 reevaluate a student's eligibility status after this date for
10 purposes of changing eligibility determinations previously
11 made.
12 (d) Institutions shall certify to the department the
13 amount of funds disbursed to each student and shall remit to
14 the department any undisbursed advances by June 1 of each
15 year.
16 (e) Each institution that receives moneys through the
17 Florida Private Student Assistance Grant Program shall prepare
18 a biennial report that includes a financial audit, conducted
19 by an independent certified public accountant, of the
20 institution's administration of the program and a complete
21 accounting of moneys in the State Student Financial Assistance
22 Trust Fund allocated to the institution for the program. Such
23 report shall be submitted to the department by March 1 every
24 other year. The department may conduct its own annual or
25 biennial audit of an institution's administration of the
26 program and its allocated funds in lieu of the required
27 biennial report and financial audit report. The department may
28 suspend or revoke an institution's eligibility to receive
29 future moneys from the trust fund for the program or request a
30 refund of any moneys overpaid to the institution through the
31 trust fund for the program if the department finds that an
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 institution has not complied with the provisions of this
2 section. Any refund requested pursuant to this paragraph shall
3 be remitted within 60 days.
4 (5) Funds appropriated by the Legislature for Florida
5 private student assistance grants shall be deposited in the
6 State Student Financial Assistance Trust Fund. Notwithstanding
7 the provisions of s. 216.301 and pursuant to s. 216.351, any
8 balance in the trust fund at the end of any fiscal year that
9 has been allocated to the Florida Private Student Assistance
10 Grant Program shall remain therein and shall be available for
11 carrying out the purposes of this section and as otherwise
12 provided by law.
13 (6) The State Board of Education shall adopt rules
14 necessary to implement this section.
15 Section 422. Section 1009.52, Florida Statutes, is
16 created to read:
17 1009.52 Florida Postsecondary Student Assistance Grant
18 Program; eligibility for grants.--
19 (1) There is created a Florida Postsecondary Student
20 Assistance Grant Program. The program shall be administered by
21 the participating institutions in accordance with rules of the
22 State Board of Education.
23 (2)(a) Florida postsecondary student assistance grants
24 through the State Student Financial Assistance Trust Fund may
25 be made only to full-time degree-seeking students who meet the
26 general requirements for student eligibility as provided in s.
27 1009.40, except as otherwise provided in this section. Such
28 grants shall be awarded for the amount of demonstrated unmet
29 need for tuition and fees and may not exceed an amount equal
30 to the average prior academic year cost of tuition and other
31 registration fees for 30 credit hours at state universities
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 plus $1,000 per academic year, or as specified in the General
2 Appropriations Act, to any applicant. A demonstrated unmet
3 need of less than $200 shall render the applicant ineligible
4 for a Florida postsecondary student assistance grant.
5 Recipients of such grants must have been accepted at a
6 postsecondary institution that is located in the state and
7 that is:
8 1. A private nursing diploma school approved by the
9 Florida Board of Nursing; or
10 2. A college or university licensed by the Commission
11 for Independent Education, excluding those institutions the
12 students of which are eligible to receive a Florida private
13 student assistance grant pursuant to s. 1009.51.
14
15 No student may receive an award for more than the equivalent
16 of 9 semesters or 14 quarters of full-time enrollment, except
17 as otherwise provided in s. 1009.40(3).
18 (b) A student applying for a Florida postsecondary
19 student assistance grant shall be required to apply for the
20 Pell Grant. The Pell Grant entitlement shall be considered
21 when conducting an assessment of the financial resources
22 available to each student.
23 (c) Priority in the distribution of grant moneys shall
24 be given to students with the lowest total family resources,
25 in accordance with a nationally recognized system of need
26 analysis. Using the system of need analysis, the department
27 shall establish a maximum expected family contribution. An
28 institution may not make a grant from this program to a
29 student whose expected family contribution exceeds the level
30 established by the department. An institution may not impose
31 additional criteria to determine a student's eligibility to
924
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 receive a grant award.
2 (d) Each participating institution shall report, to
3 the department by the established date, the eligible students
4 to whom grant moneys are disbursed each academic term. Each
5 institution shall also report to the department necessary
6 demographic and eligibility data for such students.
7 (3) Based on the unmet financial need of an eligible
8 applicant, the amount of a Florida postsecondary student
9 assistance grant must be between $200 and the average cost of
10 tuition and other registration fees for 30 credit hours at
11 state universities plus $1,000 per academic year or the amount
12 specified in the General Appropriations Act.
13 (4)(a) The funds appropriated for the Florida
14 Postsecondary Student Assistance Grant shall be distributed to
15 eligible institutions in accordance with a formula approved by
16 the State Board of Education. The formula shall consider at
17 least the prior year's distribution of funds, the number of
18 full-time eligible applicants who did not receive awards, the
19 standardization of the expected family contribution, and
20 provisions for unused funds.
21 (b) Payment of Florida postsecondary student
22 assistance grants shall be transmitted to the president of the
23 eligible institution, or to his or her representative, in
24 advance of the registration period. Institutions shall notify
25 students of the amount of their awards.
26 (c) The eligibility status of each student to receive
27 a disbursement shall be determined by each institution as of
28 the end of its regular registration period, inclusive of a
29 drop-add period. Institutions shall not be required to
30 reevaluate a student's eligibility status after this date for
31 purposes of changing eligibility determinations previously
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 made.
2 (d) Institutions shall certify to the department the
3 amount of funds disbursed to each student and shall remit to
4 the department any undisbursed advances by June 1 of each
5 year.
6 (e) Each institution that receives moneys through the
7 Florida Postsecondary Student Assistance Grant Program shall
8 prepare a biennial report that includes a financial audit,
9 conducted by an independent certified public accountant, of
10 the institution's administration of the program and a complete
11 accounting of moneys in the State Student Financial Assistance
12 Trust Fund allocated to the institution for the program. Such
13 report shall be submitted to the department by March 1 every
14 other year. The department may conduct its own annual or
15 biennial audit of an institution's administration of the
16 program and its allocated funds in lieu of the required
17 biennial report and financial audit report. The department may
18 suspend or revoke an institution's eligibility to receive
19 future moneys from the trust fund for the program or request a
20 refund of any moneys overpaid to the institution through the
21 trust fund for the program if the department finds that an
22 institution has not complied with the provisions of this
23 section. Any refund requested pursuant to this paragraph
24 shall be remitted within 60 days.
25 (5) Any institution that was eligible to receive state
26 student assistance grants on January 1, 1989, and that is not
27 eligible to receive grants pursuant to s. 1009.51 is eligible
28 to receive grants pursuant to this section.
29 (6) Funds appropriated by the Legislature for Florida
30 postsecondary student assistance grants shall be deposited in
31 the State Student Financial Assistance Trust Fund.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Notwithstanding the provisions of s. 216.301 and pursuant to
2 s. 216.351, any balance in the trust fund at the end of any
3 fiscal year that has been allocated to the Florida
4 Postsecondary Student Assistance Grant Program shall remain
5 therein and shall be available for carrying out the purposes
6 of this section and as otherwise provided by law.
7 (7) The State Board of Education shall adopt rules
8 necessary to implement this section.
9 Section 423. Section 1009.53, Florida Statutes, is
10 created to read:
11 1009.53 Florida Bright Futures Scholarship Program.--
12 (1) The Florida Bright Futures Scholarship Program is
13 created to establish a lottery-funded scholarship program to
14 reward any Florida high school graduate who merits recognition
15 of high academic achievement and who enrolls in a degree
16 program, certificate program, or applied technology program at
17 an eligible Florida public or private postsecondary education
18 institution within 3 years of graduation from high school.
19 (2) The Bright Futures Scholarship Program consists of
20 three types of awards: the Florida Academic Scholarship, the
21 Florida Medallion Scholarship, and the Florida Gold Seal
22 Vocational Scholarship.
23 (3) The Department of Education shall administer the
24 Bright Futures Scholarship Program according to rules and
25 procedures established by the State Board of Education. A
26 single application must be sufficient for a student to apply
27 for any of the three types of awards. The department must
28 advertise the availability of the scholarship program and must
29 notify students, teachers, parents, guidance counselors, and
30 principals or other relevant school administrators of the
31 criteria and application procedures. The department must begin
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 this process of notification no later than January 1 of each
2 year.
3 (4) Funding for the Bright Futures Scholarship Program
4 must be allocated from the Education Enhancement Trust Fund
5 and must be provided before allocations from that fund are
6 calculated for disbursement to other educational entities.
7 (a) If funds appropriated are not adequate to provide
8 the maximum allowable award to each eligible applicant, awards
9 in all three components of the program must be prorated using
10 the same percentage reduction.
11 (b) Notwithstanding s. 216.301, if all funds allocated
12 to the Bright Futures Scholarship Program are not used in any
13 fiscal year, up to 10 percent of the total allocation may be
14 carried forward and used for awards in the following year.
15 (5) The department shall issue awards from the
16 scholarship program annually. Annual awards may be for up to
17 45 semester credit hours or the equivalent. Before the
18 registration period each semester, the department shall
19 transmit payment for each award to the president or director
20 of the postsecondary education institution, or his or her
21 representative, except that the department may withhold
22 payment if the receiving institution fails to report or to
23 make refunds to the department as required in this section.
24 (a) Within 30 days after the end of regular
25 registration each semester, the educational institution shall
26 certify to the department the eligibility status of each
27 student who receives an award. After the end of the drop and
28 add period, an institution is not required to reevaluate or
29 revise a student's eligibility status, but must make a refund
30 to the department if a student who receives an award
31 disbursement terminates enrollment for any reason during an
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 academic term and a refund is permitted by the institution's
2 refund policy.
3 (b) An institution that receives funds from the
4 program shall certify to the department the amount of funds
5 disbursed to each student and shall remit to the department
6 any undisbursed advances within 60 days after the end of
7 regular registration.
8 (c) Each institution that receives moneys through this
9 program shall prepare an annual report that includes an annual
10 financial audit, conducted by an independent certified public
11 accountant or the Auditor General. The report shall include an
12 audit of the institution's administration of the program and a
13 complete accounting of the moneys for the program. This report
14 must be submitted to the department annually by March 1. The
15 department may conduct its own annual audit of an
16 institution's administration of the program. The department
17 may request a refund of any moneys overpaid to the institution
18 for the program. The department may suspend or revoke an
19 institution's eligibility to receive future moneys for the
20 program if the department finds that an institution has not
21 complied with this section. The institution must remit within
22 60 days any refund requested in accordance with this
23 subsection.
24 (6) A student enrolled in 6 to 8 semester credit hours
25 may receive up to one-half of the maximum award; a student
26 enrolled in 9 to 11 credit hours may receive up to
27 three-fourths of the maximum award; and a student enrolled in
28 12 or more credit hours may receive up to the full award.
29 (7) A student may receive only one type of award from
30 the Florida Bright Futures Scholarship Program at a time, but
31 may transfer from one type of award to another through the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 renewal application process, if the student's eligibility
2 status changes. However, a student is not eligible to transfer
3 from a Florida Medallion Scholarship or a Florida Gold Seal
4 Vocational Scholarship to a Florida Academic Scholarship. A
5 student who receives an award from the program may also
6 receive a federal family education loan or a federal direct
7 loan, and the value of the award must be considered in the
8 certification or calculation of the student's loan
9 eligibility.
10 (8) If a recipient transfers from one eligible
11 institution to another and continues to meet eligibility
12 requirements, the award must be transferred with the student.
13 (9) A student may use an award for summer term
14 enrollment if funds are available.
15 (10) Funds from any scholarship within the Florida
16 Bright Futures Scholarship Program may not be used to pay for
17 remedial or college-preparatory coursework.
18 Section 424. Section 1009.531, Florida Statutes, is
19 created to read:
20 1009.531 Florida Bright Futures Scholarship Program;
21 student eligibility requirements for initial awards.--
22 (1) To be eligible for an initial award from any of
23 the three types of scholarships under the Florida Bright
24 Futures Scholarship Program, a student must:
25 (a) Be a Florida resident as defined in s. 1009.40 and
26 rules of the State Board of Education.
27 (b) Earn a standard Florida high school diploma or its
28 equivalent as described in s. 1003.43 or s. 1003.45 unless:
29 1. The student is enrolled full time in the early
30 admission program of an eligible postsecondary education
31 institution or completes a home education program according to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 s. 1002.41; or
2 2. The student earns a high school diploma from a
3 non-Florida school while living with a parent or guardian who
4 is on military or public service assignment away from Florida.
5 (c) Be accepted by and enroll in an eligible Florida
6 public or independent postsecondary education institution.
7 (d) Be enrolled for at least 6 semester credit hours
8 or the equivalent in quarter hours or clock hours.
9 (e) Not have been found guilty of, or plead nolo
10 contendere to, a felony charge, unless the student has been
11 granted clemency by the Governor and Cabinet sitting as the
12 Executive Office of Clemency.
13 (f) Apply for a scholarship from the program by high
14 school graduation.
15 (2) A student is eligible to accept an initial award
16 for 3 years following high school graduation and to accept a
17 renewal award for 7 years following high school graduation. A
18 student who applies for an award by high school graduation and
19 who meets all other eligibility requirements, but who does not
20 accept his or her award, may reapply during subsequent
21 application periods up to 3 years after high school
22 graduation.
23 (3) For purposes of calculating the grade point
24 average to be used in determining initial eligibility for a
25 Florida Bright Futures scholarship, the department shall
26 assign additional weights to grades earned in the following
27 courses:
28 (a) Courses identified in the course code directory as
29 Advanced Placement, pre-International Baccalaureate, or
30 International Baccalaureate.
31 (b) Courses designated as academic dual enrollment
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 courses in the statewide course numbering system.
2
3 The department may assign additional weights to courses, other
4 than those described in paragraphs (a) and (b), that are
5 identified by the Department of Education as containing
6 rigorous academic curriculum and performance standards. The
7 additional weight assigned to a course pursuant to this
8 subsection shall not exceed 0.5 per course. The weighted
9 system shall be developed and distributed to all high schools
10 in the state prior to January 1, 1998. The department may
11 determine a student's eligibility status during the senior
12 year before graduation and may inform the student of the award
13 at that time.
14 (4) A student who wishes to qualify for a particular
15 award within the Florida Bright Futures Scholarship Program,
16 but who does not meet all of the requirements for that level
17 of award, may, nevertheless, receive the award if the
18 principal of the student's school or the district
19 superintendent verifies that the deficiency is caused by the
20 fact that school district personnel provided inaccurate or
21 incomplete information to the student. The school district
22 must provide a means for the student to correct the
23 deficiencies and the student must correct them, either by
24 completing comparable work at the postsecondary institution or
25 by completing a directed individualized study program
26 developed and administered by the school district. If the
27 student does not complete the requirements by December 31
28 immediately following high school graduation, the student is
29 ineligible to participate in the program.
30 Section 425. Section 1009.532, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1009.532 Florida Bright Futures Scholarship Program;
2 student eligibility requirements for renewal awards.--
3 (1) To be eligible to renew a scholarship from any of
4 the three types of scholarships under the Florida Bright
5 Futures Scholarship Program, a student must:
6 (a) Complete at least 12 semester credit hours or the
7 equivalent in the last academic year in which the student
8 earned a scholarship.
9 (b) Maintain the cumulative grade point average
10 required by the scholarship program, except that:
11 1. If a recipient's grades fall beneath the average
12 required to renew a Florida Academic Scholarship, but are
13 sufficient to renew a Florida Medallion Scholarship or a
14 Florida Gold Seal Vocational Scholarship, the Department of
15 Education may grant a renewal from one of those other
16 scholarship programs, if the student meets the renewal
17 eligibility requirements; or
18 2. If, at any time during the eligibility period, a
19 student's grades are insufficient to renew the scholarship,
20 the student may restore eligibility by improving the grade
21 point average to the required level. A student is eligible for
22 such a reinstatement only once. The Legislature encourages
23 education institutions to assist students to calculate whether
24 or not it is possible to raise the grade point average during
25 the summer term. If the institution determines that it is
26 possible, the education institution may so inform the
27 department, which may reserve the student's award if funds are
28 available. The renewal, however, must not be granted until the
29 student achieves the required cumulative grade point average.
30 If the summer term is not sufficient to raise the grade point
31 average to the required renewal level, the student's next
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 opportunity for renewal is the fall semester of the following
2 academic year.
3 (2) A student who is enrolled in a program that
4 terminates in an associate degree or a baccalaureate degree
5 may receive an award for a maximum of 110 percent of the
6 number of credit hours required to complete the program. A
7 student who is enrolled in a program that terminates in a
8 technical certificate may receive an award for a maximum of
9 110 percent of the credit hours or clock hours required to
10 complete the program up to 90 credit hours. A student who
11 transfers from one of these program levels to another becomes
12 eligible for the higher of the two credit hour limits.
13 Section 426. Section 1009.533, Florida Statutes, is
14 created to read:
15 1009.533 Florida Bright Futures Scholarship Program;
16 eligible postsecondary education institutions.--A student is
17 eligible for an award or the renewal of an award from the
18 Florida Bright Futures Scholarship Program if the student
19 meets the requirements for the program as described in this
20 act and is enrolled in a postsecondary education institution
21 that meets the description in any one of the following
22 subsections:
23 (1) A Florida public university, community college, or
24 technical center.
25 (2) An independent Florida college or university that
26 is accredited by an accrediting association whose standards
27 are comparable to the minimum standards required to operate an
28 institution at that level in Florida, as determined by rules
29 of the Commission for Independent Education, and which has
30 operated in the state for at least 3 years.
31 (3) An independent Florida postsecondary education
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 institution that is licensed by the Commission for Independent
2 Education and that:
3 (a) Is authorized to grant degrees;
4 (b) Shows evidence of sound financial condition; and
5 (c) Has operated in the state for at least 3 years
6 without having its approval, accreditation, or license placed
7 on probation.
8 (4) A Florida independent postsecondary education
9 institution that offers a nursing diploma approved by the
10 Board of Nursing.
11 (5) A Florida independent postsecondary education
12 institution that is licensed by the Commission for Independent
13 Education and which:
14 (a) Is authorized to award certificates, diplomas, or
15 credentials other than degrees;
16 (b) Has a program completion and placement rate of at
17 least the rate required by the current Florida Statutes, the
18 Florida Administrative Code, or the Department of Education
19 for an institution at its level; and
20 (c) Shows evidence of sound financial condition; and
21 either:
22 1. Is accredited at the institutional level by an
23 accrediting agency recognized by the United States Department
24 of Education and has operated in the state for at least 3
25 years during which there has been no complaint for which
26 probable cause has been found; or
27 2. Has operated in Florida for 5 years during which
28 there has been no complaint for which probable cause has been
29 found.
30 Section 427. Section 1009.534, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1009.534 Florida Academic Scholars award.--
2 (1) A student is eligible for a Florida Academic
3 Scholars award if the student meets the general eligibility
4 requirements for the Florida Bright Futures Scholarship
5 Program and the student:
6 (a) Has achieved a 3.5 weighted grade point average as
7 calculated pursuant to s. 1009.531, or its equivalent, in high
8 school courses that are designated by the State Board of
9 Education as college-preparatory academic courses; and has
10 attained at least the score identified by rules of the State
11 Board of Education on the combined verbal and quantitative
12 parts of the Scholastic Aptitude Test, the Scholastic
13 Assessment Test, or the recentered Scholastic Assessment Test
14 of the College Entrance Examination, or an equivalent score on
15 the ACT Assessment Program; or
16 (b) Has attended a home education program according to
17 s. 1002.41 during grades 11 and 12 or has completed the
18 International Baccalaureate curriculum but failed to earn the
19 International Baccalaureate Diploma, and has attained at least
20 the score identified by rules of the Department of Education
21 on the combined verbal and quantitative parts of the
22 Scholastic Aptitude Test, the Scholastic Assessment Test, or
23 the recentered Scholastic Assessment Test of the College
24 Entrance Examination, or an equivalent score on the ACT
25 Assessment Program; or
26 (c) Has been awarded an International Baccalaureate
27 Diploma from the International Baccalaureate Office; or
28 (d) Has been recognized by the merit or achievement
29 programs of the National Merit Scholarship Corporation as a
30 scholar or finalist; or
31 (e) Has been recognized by the National Hispanic
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Recognition Program as a scholar recipient.
2
3 A student must complete a program of community service work,
4 as approved by the district school board or the administrators
5 of a nonpublic school, which shall include a minimum of 75
6 hours of service work and require the student to identify a
7 social problem that interests him or her, develop a plan for
8 his or her personal involvement in addressing the problem,
9 and, through papers or other presentations, evaluate and
10 reflect upon his or her experience.
11 (2) A Florida Academic Scholar who is enrolled in a
12 public postsecondary education institution is eligible for an
13 award equal to the amount required to pay tuition, fees, and
14 $600 for college-related expenses annually. A student who is
15 enrolled in a nonpublic postsecondary education institution is
16 eligible for an award equal to the amount that would be
17 required to pay for the average tuition and fees of a public
18 postsecondary education institution at the comparable level,
19 plus the annual $600.
20 (3) To be eligible for a renewal award as a Florida
21 Academic Scholar, a student must maintain the equivalent of a
22 cumulative grade point average of 3.0 on a 4.0 scale with an
23 opportunity for one reinstatement as provided in this chapter.
24 (4) In each school district, the Florida Academic
25 Scholar with the highest academic ranking shall receive an
26 additional award of $1,500 for college-related expenses. This
27 award must be funded from the Florida Bright Futures
28 Scholarship Program.
29 Section 428. Section 1009.535, Florida Statutes, is
30 created to read:
31 1009.535 Florida Medallion Scholars award.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) A student is eligible for a Florida Medallion
2 Scholars award if the student meets the general eligibility
3 requirements for the Florida Bright Futures Scholarship
4 Program and the student:
5 (a) Has achieved a weighted grade point average of 3.0
6 as calculated pursuant to s. 1009.531, or the equivalent, in
7 high school courses that are designated by the State Board of
8 Education as college-preparatory academic courses; and has
9 attained at least the score identified by rules of the State
10 Board of Education on the combined verbal and quantitative
11 parts of the Scholastic Aptitude Test, the Scholastic
12 Assessment Test, or the recentered Scholastic Assessment Test
13 of the College Entrance Examination, or an equivalent score on
14 the ACT Assessment Program; or
15 (b) Has attended a home education program according to
16 s. 1002.41 during grades 11 and 12 or has completed the
17 International Baccalaureate curriculum but failed to earn the
18 International Baccalaureate Diploma, and has attained at least
19 the score identified by rules of the Department of Education
20 on the combined verbal and quantitative parts of the
21 Scholastic Aptitude Test, the Scholastic Assessment Test, or
22 the recentered Scholastic Assessment Test of the College
23 Entrance Examination, or an equivalent score on the ACT
24 Assessment Program; or
25 (c) Has been recognized by the merit or achievement
26 program of the National Merit Scholarship Corporation as a
27 scholar or finalist but has not completed a program of
28 community service as provided in s. 1009.534; or
29 (d) Has been recognized by the National Hispanic
30 Recognition Program as a scholar, but has not completed a
31 program of community service as provided in s. 1009.534.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) A Florida Medallion Scholar is eligible for an
2 award equal to the amount required to pay 75 percent of
3 tuition and fees, if the student is enrolled in a public
4 postsecondary education institution. A student who is enrolled
5 in a nonpublic postsecondary education institution is eligible
6 for an award equal to the amount that would be required to pay
7 75 percent of the tuition and fees of a public postsecondary
8 education institution at the comparable level.
9 (3) To be eligible for a renewal award as a Florida
10 Medallion Scholar, a student must maintain the equivalent of a
11 cumulative grade point average of 2.75 on a 4.0 scale with an
12 opportunity for reinstatement one time as provided in this
13 chapter.
14 Section 429. Section 1009.536, Florida Statutes, is
15 created to read:
16 1009.536 Florida Gold Seal Vocational Scholars
17 award.--The Florida Gold Seal Vocational Scholars award is
18 created within the Florida Bright Futures Scholarship Program
19 to recognize and reward academic achievement and career and
20 technical preparation by high school students who wish to
21 continue their education.
22 (1) A student is eligible for a Florida Gold Seal
23 Vocational Scholars award if the student meets the general
24 eligibility requirements for the Florida Bright Futures
25 Scholarship Program and the student:
26 (a) Completes the secondary school portion of a
27 sequential program of studies that requires at least three
28 secondary school career and technical credits taken over at
29 least 2 academic years, and is continued in a planned, related
30 postsecondary education program. If the student's school does
31 not offer such a two-plus-two or tech-prep program, the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 student must complete a job-preparatory career education
2 program selected by the Workforce Estimating Conference or
3 Workforce Florida, Inc., for its ability to provide high-wage
4 employment in an occupation with high potential for employment
5 opportunities. On-the-job training may not be substituted for
6 any of the three required career and technical credits.
7 (b) Demonstrates readiness for postsecondary education
8 by earning a passing score on the Florida College Entry Level
9 Placement Test or its equivalent as identified by the
10 Department of Education.
11 (c) Earns a minimum cumulative weighted grade point
12 average of 3.0, as calculated pursuant to s. 1009.531, on all
13 subjects required for a standard high school diploma,
14 excluding elective courses.
15 (d) Earns a minimum unweighted grade point average of
16 3.5 on a 4.0 scale for secondary career and technical courses
17 comprising the career and technical program.
18 (2) A Florida Gold Seal Vocational Scholar is eligible
19 for an award equal to the amount required to pay 75 percent of
20 tuition and fees, if the student is enrolled in a public
21 postsecondary education institution. A student who is enrolled
22 in a nonpublic postsecondary education institution is eligible
23 for an award equal to the amount that would be required to pay
24 75 percent of the tuition and mandatory fees of a public
25 postsecondary education institution at the comparable level.
26 (3) To be eligible for a renewal award as a Florida
27 Gold Seal Vocational Scholar, a student must maintain the
28 equivalent of a cumulative grade point average of 2.75 on a
29 4.0 scale with an opportunity for reinstatement one time as
30 provided in this chapter.
31 (4) A student may earn a Florida Gold Seal Vocational
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Scholarship for 110 percent of the number of credit hours
2 required to complete the program, up to 90 credit hours or the
3 equivalent. A Florida Gold Seal Scholar who has a cumulative
4 grade point average of 2.75 in all postsecondary education
5 work attempted may apply for a Florida Medallion Scholars
6 award at any renewal period. All other provisions of that
7 program apply, and the credit-hour limitation must be
8 calculated by subtracting from the student's total eligibility
9 the number of credit hours the student attempted while earning
10 the Gold Seal Vocational Scholarship.
11 Section 430. Section 1009.537, Florida Statutes, is
12 created to read:
13 1009.537 Eligibility for the Florida Bright Futures
14 Scholarship Program; transition.--
15 (1) A student who graduates from high school in 1997
16 or earlier and who is eligible for the Florida Undergraduate
17 Scholar's Program pursuant to former s. 240.402 is eligible
18 for the Florida Academic Scholars award as provided in this
19 act. A student who graduates from high school in 1998 or 1999
20 is eligible for the Florida Academic Scholars award if the
21 student meets the criteria in s. 1009.534. However, in lieu of
22 satisfying the requirements set forth in s. 1009.534(1)(a), a
23 student may meet the following criteria:
24 (a) Complete a program of at least 24 credits in
25 advanced-level studies as prescribed by the State Board of
26 Education, including as a minimum:
27 1. Four years of progressively advanced instruction in
28 language arts, including courses in English composition and
29 literature.
30 2. Four years of progressively advanced instruction in
31 science, including laboratory courses in biology, chemistry,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and physics where laboratory facilities are available.
2 3. Four years of progressively advanced instruction in
3 mathematics, including courses in algebra, geometry, and
4 calculus or trigonometry.
5 4. Two years of sequential foreign language.
6 5. One year of instruction in art and music or in
7 either art or music.
8 6. Three years of instruction in social studies,
9 including courses in American history and government, world
10 history, and comparative political and economic systems.
11 7. One year of instruction in health and physical
12 education to include assessment, improvement, and maintenance
13 of personal fitness.
14 (b) Obtain at least the equivalent of an unweighted
15 grade point average of 3.0 on a 4.0 scale for all courses
16 taken for which high school credit may be granted.
17 (c) Achieve a score of 1180 on the combined verbal and
18 quantitative parts of the Scholastic Aptitude Test, the
19 Scholastic Assessment Test, or the recentered Scholastic
20 Assessment Test of the College Entrance Examination, or an
21 equivalent score on the ACT Assessment Program or an
22 equivalent program.
23 (d) Complete a program of community service work, as
24 approved by the district school board or the administrators of
25 a nonpublic school, which shall include a minimum of 75 hours
26 of service work and require the student to identify a social
27 problem that interests him or her, develop a plan for his or
28 her personal involvement in addressing the problem, and,
29 through papers or other presentations, evaluate and reflect
30 upon his or her experience.
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Students who graduate from high school after 1999 must meet
2 the eligibility criteria pursuant to s. 1009.534.
3 (2) A student who graduates from high school in 1997
4 or earlier and who is eligible for the Florida Vocational Gold
5 Seal Endorsement Scholarship award pursuant to former s.
6 240.4021 is eligible for the Florida Gold Seal Vocational
7 Scholars award as provided in this act. A student who
8 graduates from high school in 1998 or 1999 is eligible for the
9 Florida Gold Seal Vocational Scholars award if the student
10 meets the criteria in s. 1009.536. However, in lieu of
11 satisfying the grade point average requirement set forth in s.
12 1009.536(1)(c), a student may earn a minimum cumulative
13 unweighted grade point average of 3.0 on a 4.0 scale on all
14 subjects required for a standard high school diploma. Students
15 who graduate from high school after 1999 must meet the
16 eligibility criteria pursuant to s. 1009.536.
17 (3) Effective for the 1997-1998 academic year, a
18 student is eligible for an initial award of a Florida Merit
19 Scholarship if the student:
20 (a)1. Is scheduled to graduate from high school in
21 1997;
22 2. Completes, or is enrolled in all courses required
23 to complete, the high school college-preparatory coursework
24 required in this act;
25 3. Achieves an unweighted grade point average of 3.0
26 on a 4.0 scale, or the equivalent, in high school courses that
27 are adopted by the Board of Regents and recommended by the
28 State Board of Community Colleges as college-preparatory
29 academic courses; and
30 4. Earns a score of 970 or above on the combined
31 verbal and quantitative parts of the recentered Scholastic
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Assessment Test of the College Entrance Examination, or an
2 equivalent score on the ACT Assessment Program; or
3 (b) Has completed a college-preparatory curriculum in
4 1997 through an approved home school program and has attained
5 a score of 970 on the combined verbal and quantitative parts
6 of the recentered Scholastic Assessment Test of the College
7 Entrance Examination, or an equivalent score on the ACT
8 Assessment Program. Eligibility shall be determined in the
9 same manner as for public school students. For students whose
10 parents are unable to document a college-preparatory
11 curriculum, a score of 1070 on the SAT, or equivalent score on
12 the ACT, shall be required for award eligibility.
13 Section 431. Section 1009.538, Florida Statutes, is
14 created to read:
15 1009.538 Bright Futures Scholarship recipients
16 attending nonpublic institutions; calculation of
17 awards.--Notwithstanding ss. 1009.53, 1009.534, 1009.535, and
18 1009.536, a student who receives any award under the Florida
19 Bright Futures Scholarship Program, who is enrolled in a
20 nonpublic postsecondary education institution, and who is
21 assessed tuition and fees that are the same as those of a
22 full-time student at that institution, shall receive a fixed
23 award calculated by using the average tuition and fee
24 calculation as prescribed by the Department of Education for
25 full-time attendance at a public postsecondary education
26 institution at the comparable level. If the student is
27 enrolled part-time and is assessed tuition and fees at a
28 reduced level, the award shall be either one-half of the
29 maximum award or three-fourths of the maximum award, depending
30 on the level of fees assessed.
31 Section 1009.5385, Florida Statutes, is created to
944
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 read:
2 1009.5385 Use of certain scholarship funds by children
3 of deceased or disabled veterans.--The criteria for the use of
4 scholarship funds which apply to students under the Florida
5 Bright Futures Scholarship Program shall also apply to the
6 children of deceased or disabled veterans who receive
7 scholarships under chapter 295.
8 Section 432. Section 1009.539, Florida Statutes, is
9 created to read:
10 1009.539 Florida Bright Futures Scholarship Testing
11 Program.--
12 (1) The State Board of Education shall identify the
13 minimum scores, maximum credit, and course or courses for
14 which credit is to be awarded for each College Level
15 Examination Program (CLEP) general examination, CLEP subject
16 examination, College Board Advanced Placement Program
17 examination, and International Baccalaureate examination. In
18 addition, the State Board of Education shall identify such
19 courses in the general education core curriculum of each state
20 university and community college.
21 (2) Each community college and state university must
22 award credit for specific courses for which competency has
23 been demonstrated by successful passage of one of these
24 examinations unless the award of credit duplicates credit
25 already awarded. Community colleges and universities may not
26 exempt students from courses without the award of credit if
27 competencies have been so demonstrated. If a student achieves
28 a passing score as identified by the State Board of Education
29 on an examination required by this section, the student shall
30 receive credit equivalent to successfully completing the
31 equivalent course as identified by the State Board of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education in a state university or community college, provided
2 that such credit is not duplicative of credit already earned
3 by the student.
4 (3) Students eligible for a Florida Academic Scholars
5 award or a Florida Medallion Scholars award who are admitted
6 to and enroll in a community college or state university
7 shall, prior to registering for courses that may be earned
8 through a CLEP examination and no later than registration for
9 their second term, complete at least five examinations from
10 those specified in subsection (1) in the following areas:
11 English; humanities; mathematics; natural sciences; and social
12 sciences. Successful completion of dual enrollment courses,
13 Advanced Placement examinations, and International
14 Baccalaureate examinations taken prior to high school
15 graduation satisfy this requirement. The State Board of
16 Education shall identify the examinations that satisfy each
17 component of this requirement.
18 (4) Each community college and state university shall
19 pay for the CLEP examinations required pursuant to this
20 section from the funds appropriated from the Educational
21 Enhancement Trust Fund. Institutions shall pay no more than
22 $46 per examination for the program, which shall include
23 access to a student guide to prepare for the test. The
24 Department of Education shall negotiate with the College Board
25 for a reduced rate for the examinations. The institution shall
26 not charge the student for preparation and administration of
27 the test, access to a student guide to prepare for the test,
28 or recordkeeping and reporting of each student's test results
29 to the department.
30 (5) The credit awarded pursuant to this section shall
31 apply toward the 120 hours of college credit required pursuant
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to s. 1007.25(7).
2 (6) The Department of Education shall track and
3 annually report on the effectiveness of the program, and
4 include information on the number of students participating in
5 the program; the CLEP examinations taken and the passage rate
6 of Florida Academic Scholars and Florida Medallion Scholars
7 award recipients; the use of Advanced Placement and
8 International Baccalaureate examinations and dual enrollment
9 courses to satisfy the requirements of the program; and the
10 course credit provided.
11 Section 433. Section 1009.54, Florida Statutes, is
12 created to read:
13 1009.54 Critical Teacher Shortage Program.--There is
14 created the Critical Teacher Shortage Program. Funds
15 appropriated by the Legislature for the program shall be
16 deposited in the State Student Financial Assistance Trust
17 Fund. The Comptroller shall authorize expenditures from the
18 trust fund upon receipt of vouchers approved by the Department
19 of Education for the critical teacher shortage programs
20 established in s. 1009.57, s. 1009.58, or s. 1009.59. The
21 Comptroller shall also authorize expenditures from the trust
22 fund for the "Chappie" James Most Promising Teacher
23 Scholarship Loan Program and the Critical Teacher Shortage
24 Scholarship Loan Program recipients who participated in these
25 programs prior to July 1, 1993, provided that such students
26 continue to meet the renewal eligibility requirements that
27 were in effect at the time that their original awards were
28 made. Students who participated in the "Chappie" James Most
29 Promising Teacher Scholarship Loan Program prior to July 1,
30 1993, shall not have their awards reduced as a result of the
31 addition of new students to the program. All scholarship loan
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 repayments pursuant to s. 1009.57 shall be deposited into the
2 State Student Financial Assistance Trust Fund. Any remaining
3 balance at the end of any fiscal year that has been allocated
4 to the program shall remain in the trust fund and be available
5 for the individual programs in future years.
6 Section 434. Section 1009.55, Florida Statutes, is
7 created to read:
8 1009.55 Rosewood Family Scholarship Program.--
9 (1) There is created a Rosewood Family Scholarship
10 Program for minority persons with preference given to the
11 direct descendants of the Rosewood families, not to exceed 25
12 scholarships per year. Funds appropriated by the Legislature
13 for the program shall be deposited in the State Student
14 Financial Assistance Trust Fund.
15 (2) The Rosewood Family Scholarship Program shall be
16 administered by the Department of Education. The State Board
17 of Education shall adopt rules for administering this program
18 which shall at a minimum provide for the following:
19 (a) The annual award to a student shall be up to
20 $4,000 but should not exceed an amount in excess of tuition
21 and registration fees.
22 (b) If funds are insufficient to provide a full
23 scholarship to each eligible applicant, the department may
24 prorate available funds and make a partial award to each
25 eligible applicant.
26 (c) The department shall rank eligible initial
27 applicants for the purposes of awarding scholarships with
28 preference being given to the direct descendants of the
29 Rosewood families. The remaining applicants shall be ranked
30 based on need as determined by the Department of Education.
31 (d) Payment of an award shall be transmitted in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 advance of the registration period each semester on behalf of
2 the student to the president of the university or community
3 college, or his or her representative, or to the director of
4 the technical school which the recipient is attending.
5 (3) Beginning with the 1994-1995 academic year, the
6 department is authorized to make awards for undergraduate
7 study to students who:
8 (a) Meet the general requirements for student
9 eligibility as provided in s. 1009.40, except as otherwise
10 provided in this section.
11 (b) File an application for the scholarship within the
12 established time limits.
13 (c) Enroll as certificate-seeking or degree-seeking
14 students at a state university, community college, or
15 technical school authorized by law.
16 Section 435. Section 1009.56, Florida Statutes, is
17 created to read:
18 1009.56 Seminole and Miccosukee Indian Scholarships.--
19 (1) There is created a Seminole and Miccosukee Indian
20 Scholarship Program to be administered by the Department of
21 Education in accordance with rules established by the State
22 Board of Education. The Seminole Tribe of Florida and the
23 Miccosukee Tribe of Indians of Florida shall act in an
24 advisory capacity in the development of the rules.
25 (2) The department shall award scholarships to
26 students who:
27 (a) Have graduated from high school, have earned an
28 equivalency diploma issued by the Department of Education
29 pursuant to s. 1003.435, have earned an equivalency diploma
30 issued by the United States Armed Forces Institute, or have
31 been accepted through an early admission program;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Are enrolled at a state university or community
2 college authorized by Florida law; a nursing diploma school
3 approved by the Board of Nursing; any Florida college,
4 university, or community college which is accredited by an
5 accrediting association whose standards are comparable to the
6 minimum standards required to operate an institution at that
7 level in Florida, as determined by rules of the Commission for
8 Independent Education; or any Florida institution the credits
9 of which are acceptable for transfer to state universities;
10 (c) Are enrolled as either full-time or part-time
11 undergraduate or graduate students and make satisfactory
12 academic progress as defined by the college or university;
13 (d) Have been recommended by the Seminole Tribe of
14 Florida or the Miccosukee Tribe of Indians of Florida; and
15 (e) Meet the general requirements for student
16 eligibility as provided in s. 1009.40, except as otherwise
17 provided in this section.
18 (3) Recommendation by the Seminole Tribe of Florida or
19 the Miccosukee Tribe of Indians of Florida shall:
20 (a) Be based upon established standards of financial
21 need as determined by the respective tribe and the department;
22 (b) Be based upon such other eligibility requirements
23 for student financial assistance as are adopted by the
24 respective tribe; and
25 (c) Include certification of membership or eligibility
26 for membership in the Seminole Tribe of Florida or the
27 Miccosukee Tribe of Indians of Florida.
28 (4) The amount of the scholarship shall be determined
29 by the Seminole Tribe of Florida or the Miccosukee Tribe of
30 Indians of Florida, for its respective applicants, within the
31 amount of funds appropriated for this purpose. The amount
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be prorated accordingly for part-time students. At the
2 beginning of each semester or quarter, the department shall
3 certify the name of each scholarship holder eligible to
4 receive funds for that registration period to the Comptroller,
5 who shall draw a warrant in favor of each scholarship
6 recipient. Each recipient shall be eligible to have the
7 scholarship renewed from year to year, provided all academic
8 and other requirements of the college or university and rules
9 established by the State Board of Education are met.
10 (5) The Commissioner of Education shall include
11 amounts sufficient for continuation of this program in the
12 legislative budget requests of the department.
13 (6) Funds appropriated by the Legislature for the
14 program shall be deposited in the State Student Financial
15 Assistance Trust Fund.
16 Section 436. Section 1009.57, Florida Statutes, is
17 created to read:
18 1009.57 Florida Teacher Scholarship and Forgivable
19 Loan Program.--
20 (1) There is created the Florida Teacher Scholarship
21 and Forgivable Loan Program to be administered by the
22 Department of Education. The program shall provide scholarship
23 assistance to eligible students for lower-division
24 undergraduate study and loan assistance to eligible students
25 for upper-division undergraduate and graduate study. The
26 primary purpose of the program is to attract capable and
27 promising students to the teaching profession, attract
28 teachers to areas of projected or current critical teacher
29 shortage, attract liberal arts and science graduates to
30 teaching, and provide opportunity for persons making midcareer
31 decisions to enter the teaching profession. The State Board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of Education shall adopt rules necessary to administer the
2 program and shall annually identify critical teacher shortage
3 areas.
4 (2) Within the Florida Teacher Scholarship and
5 Forgivable Loan Program shall be established the "Chappie"
6 James Most Promising Teacher Scholarship which shall be
7 offered to a top graduating senior from each public secondary
8 school in the state. An additional number of "Chappie" James
9 Most Promising Teacher Scholarship awards shall be offered
10 annually to graduating seniors from private secondary schools
11 in the state which are listed with the Department of Education
12 and accredited by the Southern Association of Colleges and
13 Schools or any other private statewide accrediting agency
14 which makes public its standards, procedures, and member
15 schools. The private secondary schools shall be in compliance
16 with regulations of the Office for Civil Rights. The number
17 of awards to private secondary school students shall be
18 proportional to the number of awards available to public
19 secondary school students and shall be calculated as the ratio
20 of the number of private to public secondary school seniors in
21 the state multiplied by the number of public secondary schools
22 in the state.
23 (a) The scholarship may be used for attendance at a
24 state university, a community college, or an independent
25 institution as defined in s. 1009.89.
26 (b) The amount of the scholarship is $1,500 and may be
27 renewed for 1 year if the student earns a 2.5 cumulative grade
28 point average and 12 credit hours per term and meets the
29 eligibility requirements for renewal of the award.
30 (c) To be eligible for the scholarship, a student
31 shall: be ranked within the top quartile of the senior class;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 have been an active member of a high school future teacher
2 organization, if such organization exists in the student's
3 school; have earned a minimum unweighted cumulative grade
4 point average of 3.0 on a 4.0 scale; file an application
5 within the application period; meet the general requirements
6 for student eligibility as provided in s. 1009.40, except as
7 otherwise provided in this section; and have the intent to
8 enter the public teaching profession in Florida.
9 (d) Three candidates from each public secondary school
10 and one candidate from each nonpublic secondary school in the
11 state shall be nominated by the principal and a committee of
12 teachers, based on criteria which shall include, but need not
13 be limited to, rank in class, standardized test scores,
14 cumulative grade point average, extracurricular activities,
15 letters of recommendation, an essay, and a declaration of
16 intention to teach in a public school in the state.
17 (e) From public secondary school nominees, the
18 Commissioner of Education shall select a graduating senior
19 from each public high school to receive a scholarship.
20 Selection of recipients from nonpublic secondary schools shall
21 be made by a committee appointed by the Commissioner of
22 Education comprised of representatives from nonpublic
23 secondary schools and the Department of Education.
24 (f) Fifteen percent of scholarships awarded shall be
25 to minority students. However, in the event that fewer than
26 15 percent of the total eligible nominees are minority
27 students, the commissioner may allocate all award funds as
28 long as a scholarship is reserved for each eligible minority
29 nominee.
30 (3)(a) Within the Florida Teacher Scholarship and
31 Forgivable Loan Program shall be established the Florida
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Critical Teacher Shortage Forgivable Loan Program which shall
2 make undergraduate and graduate forgivable loans available to
3 eligible students entering programs of study that lead to a
4 degree in a teaching program in a critical teacher shortage
5 area. To be eligible for a program loan, a candidate shall:
6 1. Be a full-time student at the upper-division
7 undergraduate or graduate level in a teacher training program
8 approved by the department pursuant to s. 1004.04 leading to
9 certification in a critical teacher shortage subject area.
10 2. Have declared an intent to teach, for at least the
11 number of years for which a forgivable loan is received, in
12 publicly funded elementary or secondary schools of Florida in
13 a critical teacher shortage area identified by the State Board
14 of Education. For purposes of this subsection, a school is
15 publicly funded if it receives at least 75 percent of its
16 operating costs from governmental agencies and operates its
17 educational program under contract with a public school
18 district or the Department of Education.
19 3. Meet the general requirements for student
20 eligibility as provided in s. 1009.40, except as otherwise
21 provided in this section.
22 4. If applying for an undergraduate forgivable loan,
23 have maintained a minimum cumulative grade point average of
24 2.5 on a 4.0 scale for all undergraduate work. Renewal
25 applicants for undergraduate loans shall maintain a minimum
26 cumulative grade point average of at least a 2.5 on a 4.0
27 scale for all undergraduate work and have earned at least 12
28 semester credits per term, or the equivalent.
29 5. If applying for a graduate forgivable loan, have
30 maintained an undergraduate cumulative grade point average of
31 at least a 3.0 on a 4.0 scale or have attained a Graduate
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Record Examination score of at least 1,000. Renewal applicants
2 for graduate loans shall maintain a minimum cumulative grade
3 point average of at least a 3.0 on a 4.0 scale for all
4 graduate work and have earned at least 9 semester credits per
5 term, or the equivalent.
6 (b) An undergraduate forgivable loan may be awarded
7 for 2 undergraduate years, not to exceed $4,000 per year, or
8 for a maximum of 3 years for programs requiring a fifth year
9 of instruction to obtain initial teaching certification.
10 (c) A graduate forgivable loan may be awarded for 2
11 graduate years, not to exceed $8,000 per year. In addition to
12 meeting criteria specified in paragraph (a), a loan recipient
13 at the graduate level shall:
14 1. Hold a bachelor's degree from any college or
15 university accredited by a regional accrediting association as
16 defined by State Board of Education rule.
17 2. Not already hold a teaching certificate resulting
18 from an undergraduate degree in education in an area of
19 critical teacher shortage as designated by the State Board of
20 Education.
21 3. Not have received an undergraduate forgivable loan
22 as provided for in paragraph (b).
23 (d) Recipients of the Paul Douglas Teacher Scholarship
24 Loan Program as authorized under title IV, part D, subpart 1
25 of the Higher Education Act of 1965, as amended, shall not be
26 eligible to participate in the Florida Critical Teacher
27 Shortage Forgivable Loan Program.
28 (e) The State Board of Education shall adopt by rule
29 repayment schedules and applicable interest rates under ss.
30 1009.82 and 1009.95. A forgivable loan must be repaid within
31 10 years of completion of a program of studies.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. Credit for repayment of an undergraduate or
2 graduate forgivable loan shall be in an amount not to exceed
3 $4,000 in loan principal plus applicable accrued interest for
4 each full year of eligible teaching service. However, credit
5 in an amount not to exceed $8,000 in loan principal plus
6 applicable accrued interest shall be given for each full year
7 of eligible teaching service completed at a high-density,
8 low-economic urban school or at a low-density, low-economic
9 rural school, as identified by the State Board of Education.
10 2. Any forgivable loan recipient who fails to teach in
11 a publicly funded elementary or secondary school in this state
12 as specified in this subsection is responsible for repaying
13 the loan plus accrued interest at 8 percent annually.
14 3. Forgivable loan recipients may receive loan
15 repayment credit for teaching service rendered at any time
16 during the scheduled repayment period. However, such repayment
17 credit shall be applicable only to the current principal and
18 accrued interest balance that remains at the time the
19 repayment credit is earned. No loan recipient shall be
20 reimbursed for previous cash payments of principal and
21 interest.
22 (f) Funds appropriated by the Legislature for the
23 program shall be deposited in the State Student Financial
24 Assistance Trust Fund.
25 Section 437. Section 1009.58, Florida Statutes, is
26 created to read:
27 1009.58 Critical teacher shortage tuition
28 reimbursement program.--
29 (1) A critical teacher shortage tuition reimbursement
30 program shall be established for the purpose of improving the
31 skills and knowledge of current teachers or persons preparing
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to teach in critical teacher shortage areas.
2 (2) The State Board of Education shall adopt rules to
3 implement the critical teacher shortage tuition reimbursement
4 program. Any full-time public school employee or
5 developmental research school employee certified to teach in
6 this state is eligible for the program. For the purposes of
7 this program, tuition reimbursement shall be limited to
8 courses in critical teacher shortage areas as determined by
9 the State Board of Education. Such courses shall be:
10 (a) Graduate-level courses leading to a master's,
11 specialist, or doctoral degree;
12 (b) Graduate-level courses leading to a new
13 certification area; or
14 (c) State-approved undergraduate courses leading to an
15 advanced degree or new certification area.
16 (3) Participants may receive tuition reimbursement
17 payments for up to 9 semester hours, or the equivalent in
18 quarter hours, per year, at a rate not to exceed $78 per
19 semester hour, up to a total of 36 semester hours. All tuition
20 reimbursements shall be contingent on passing an approved
21 course with a minimum grade of 3.0 or its equivalent.
22 (4) This section shall be implemented only to the
23 extent specifically funded and authorized by law.
24 Section 438. Section 1009.59, Florida Statutes, is
25 created to read:
26 1009.59 Critical Teacher Shortage Student Loan
27 Forgiveness Program.--
28 (1) The Critical Teacher Shortage Student Loan
29 Forgiveness Program is established to encourage qualified
30 personnel to seek employment in subject areas in which
31 critical teacher shortages exist, as identified annually by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the State Board of Education. The primary function of the
2 program is to make repayments towards loans received by
3 students from federal programs or commercial lending
4 institutions for the support of postsecondary education study.
5 Repayments are intended to be made to qualified applicants who
6 begin teaching for the first time in designated subject areas,
7 and who apply during their first year of teaching as certified
8 teachers in these subject areas.
9 (2) From the funds available, the Department of
10 Education may make loan principal repayments as follows:
11 (a) Up to $2,500 a year for up to 4 years on behalf of
12 selected graduates of state-approved undergraduate
13 postsecondary teacher preparation programs, persons certified
14 to teach pursuant to any applicable teacher certification
15 requirements, or selected teacher preparation graduates from
16 any state participating in the Interstate Agreement on the
17 Qualification of Educational Personnel.
18 (b) Up to $5,000 a year for up to 2 years on behalf of
19 selected graduates of state-approved graduate postsecondary
20 teacher preparation programs, persons with graduate degrees
21 certified to teach pursuant to any applicable teacher
22 certification requirements, or selected teacher preparation
23 graduates from any state participating in the Interstate
24 Agreement on the Qualification of Educational Personnel.
25 (c) All repayments shall be contingent on continued
26 proof of employment in the designated subject areas in this
27 state and shall be made directly to the holder of the loan.
28 The state shall not bear responsibility for the collection of
29 any interest charges or other remaining balance. In the event
30 that designated critical teacher shortage subject areas are
31 changed by the State Board of Education, a teacher shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 continue to be eligible for loan forgiveness as long as he or
2 she continues to teach in the subject area for which the
3 original loan repayment was made and otherwise meets all
4 conditions of eligibility.
5 (3) Students receiving a scholarship loan or a
6 fellowship loan are not eligible to participate in the
7 Critical Teacher Shortage Student Loan Forgiveness Program.
8 (4) The State Board of Education may adopt rules
9 pursuant to ss. 120.536(1) and 120.54, necessary for the
10 administration of this program.
11 (5) This section shall be implemented only to the
12 extent as specifically funded and authorized by law.
13 Section 439. Section 1009.60, Florida Statutes, is
14 created to read:
15 1009.60 Minority teacher education scholars
16 program.--There is created the minority teacher education
17 scholars program, which is a collaborative performance-based
18 scholarship program for African-American, Hispanic-American,
19 Asian-American, and Native American students. The participants
20 in the program include Florida's community colleges and its
21 public and private universities that have teacher education
22 programs.
23 (1) The minority teacher education scholars program
24 shall provide an annual scholarship of $4,000 for each
25 approved minority teacher education scholar who is enrolled in
26 one of Florida's public or private universities in the junior
27 year and is admitted into a teacher education program.
28 (2) To assist each participating education institution
29 in the recruitment and retention of minority teacher scholars,
30 the administrators of the Florida Fund for Minority Teachers,
31 Inc., shall implement a systemwide training program. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 training program must include an annual conference or series
2 of conferences for students who are in the program or who are
3 identified by a high school or a community college as likely
4 candidates for the program. The training program must also
5 include research about and dissemination concerning successful
6 activities or programs that recruit minority students for
7 teacher education and retain them through graduation,
8 certification, and employment. Staff employed by the
9 corporation may work with each participating education
10 institution to assure that local faculty and administrators
11 receive the benefit of all available research and resources to
12 increase retention of their minority teacher education
13 scholars.
14 (3) The total amount appropriated annually for new
15 scholarships in the program must be divided by $4,000 and by
16 the number of participating colleges and universities. Each
17 participating institution has access to the same number of
18 scholarships and may award all of them to eligible minority
19 students. If a college or university does not award all of its
20 scholarships by the date set by the program administration at
21 the Florida Fund for Minority Teachers, Inc., the remaining
22 scholarships must be transferred to another institution that
23 has eligible students.
24 (4) A student may receive a scholarship from the
25 program for 3 consecutive years if the student remains
26 enrolled full-time in the program and makes satisfactory
27 progress toward a baccalaureate degree with a major in
28 education.
29 (5) If a minority teacher education scholar graduates
30 and is employed as a teacher by a Florida district school
31 board, the scholar is not required to repay the scholarship
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 amount so long as the scholar teaches in a Florida public
2 school. A scholar may repay the entire scholarship amount by
3 remaining employed as a Florida public school teacher for 1
4 year for each year he or she received the scholarship.
5 (6) If a minority teacher education scholar does not
6 graduate within 3 years, or if the scholar graduates but does
7 not teach in a Florida public school, the scholar must repay
8 the total amount awarded, plus annual interest of 8 percent.
9 (a) Interest begins accruing the first day of the 13th
10 month after the month in which the recipient completes an
11 approved teacher education program or after the month in which
12 enrollment as a full-time student is terminated. Interest does
13 not accrue during any period of deferment or eligible teaching
14 service.
15 (b) The repayment period begins the first day of the
16 13th month after the month in which the recipient completes an
17 approved teacher education program or after the month in which
18 enrollment as a full-time student is terminated.
19 (c) The terms and conditions of the scholarship
20 repayment must be contained in a promissory note and a
21 repayment schedule. The loan must be paid within 10 years
22 after the date of graduation or termination of full-time
23 enrollment, including any periods of deferment. A shorter
24 repayment period may be granted. The minimum monthly repayment
25 is $50 or the unpaid balance, unless otherwise approved,
26 except that the monthly payment may not be less than the
27 accruing interest. The recipient may prepay any part of the
28 scholarship without penalty.
29 (d) The holder of the promissory note may grant a
30 deferment of repayment for a recipient who is a full-time
31 student, who is unable to secure a teaching position that
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 would qualify as repayment, who becomes disabled, or who
2 experiences other hardships. Such a deferment may be granted
3 for a total of 24 months.
4 (e) If a student defaults on the scholarship, the
5 entire unpaid balance, including interest accrued, becomes due
6 and payable at the option of the holder of the promissory
7 note, or when the recipient is no longer able to pay or no
8 longer intends to pay. The recipient is responsible for paying
9 all reasonable attorney's fees and other costs and charges
10 necessary for administration of the collection process.
11 Section 440. Section 1009.605, Florida Statutes, is
12 created to read:
13 1009.605 Florida Fund for Minority Teachers, Inc.--
14 (1) There is created the Florida Fund for Minority
15 Teachers, Inc., which is a not-for-profit statutory
16 corporation housed in the College of Education at the
17 University of Florida. The corporation shall administer and
18 manage the minority teacher education scholars program.
19 (2) The corporation shall submit an annual budget
20 projection to the Department of Education to be included in
21 the annual legislative budget request. The projection must be
22 based on a 7-year plan that would be capable of awarding the
23 following schedule of scholarships:
24 (a) In the initial year, 700 scholarships of $4,000
25 each to scholars in the junior year of college.
26 (b) In the second year, 350 scholarships to new
27 scholars in their junior year and 700 renewal scholarships to
28 the rising seniors.
29 (c) In each succeeding year, 350 scholarships to new
30 scholars in the junior year and renewal scholarships to the
31 350 rising seniors.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) A board of directors shall administer the
2 corporation. The Governor shall appoint to the board at least
3 15 but not more than 25 members, who shall serve terms of 3
4 years, except that 4 of the initial members shall serve 1-year
5 terms and 4 shall serve 2-year terms. At least 4 members must
6 be employed by public community colleges and at least 11
7 members must be employed by public or private postsecondary
8 institutions that operate colleges of education. At least one
9 member must be a financial aid officer employed by a
10 postsecondary education institution operating in Florida.
11 Administrative costs for support of the Board of Directors and
12 the Florida Fund for Minority Teachers may not exceed 5
13 percent of funds allocated for the program. The board shall:
14 (a) Hold meetings to implement this section.
15 (b) Select a chairperson annually.
16 (c) Make rules for its own government.
17 (d) Appoint an executive director to serve at its
18 pleasure. The executive director shall be the chief
19 administrative officer and agent of the board.
20 (e) Maintain a record of its proceedings.
21 (f) Delegate to the chairperson the responsibility for
22 signing final orders.
23 (g) Carry out the training program as required for the
24 minority teacher education scholars program. No more than 5
25 percent of the funds appropriated for the minority teacher
26 education scholars program may be expended for administration,
27 including administration of the required training program.
28 Section 441. Section 1009.61, Florida Statutes, is
29 created to read:
30 1009.61 Teacher/Quest Scholarship Program.--The
31 Teacher/Quest Scholarship Program is created for the purpose
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of providing teachers with the opportunity to enhance their
2 knowledge of science, mathematics, and computer applications
3 in business, industry, and government. A school district or
4 developmental research school may propose that one or more
5 teachers be granted a Teacher/Quest Scholarship by submitting
6 to the Department of Education:
7 (1) A project proposal specifying activities a teacher
8 will carry out to improve his or her:
9 (a) Understanding of mathematical, scientific, or
10 computing concepts;
11 (b) Ability to apply and demonstrate such concepts
12 through instruction;
13 (c) Knowledge of career and technical requirements for
14 competency in mathematics, science, and computing; and
15 (d) Ability to integrate and apply technological
16 concepts from all three fields; and
17 (2) A contractual agreement with a private corporation
18 or governmental agency that implements the project proposal
19 and guarantees employment to the teacher during a summer or
20 other period when schools are out of session. The agreement
21 must stipulate a salary rate that does not exceed regular
22 rates of pay and a gross salary amount consistent with
23 applicable statutory and contractual provisions for the
24 teacher's employment. The teacher's compensation shall be
25 provided for on an equally matched basis by funds from the
26 employing corporation or agency.
27 Section 442. Section 1009.62, Florida Statutes, is
28 created to read:
29 1009.62 Grants for teachers for special training in
30 exceptional student education.--
31 (1) The Department of Education may make grants to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 teachers for special training in exceptional student education
2 to meet professional requirements with respect thereto, and
3 the department is responsible for the administration of such
4 program.
5 (2) These grants are limited to teachers who:
6 (a) Hold a full-time contract to teach in a district
7 school system, a state-operated or state-supported program, or
8 an agency or organization under contract with the Department
9 of Education;
10 (b) Hold a valid Florida educator's certificate that
11 does not reflect an exceptional-student-education coverage or
12 endorsement that is appropriate for the teacher's assignment;
13 and
14 (c) Satisfactorily complete the eligible courses.
15 (3) Grant amounts are to be determined on the basis of
16 rates established by the Department of Education.
17 (4) The Department of Education shall administer this
18 program under rules established by the State Board of
19 Education.
20 Section 443. Section 1009.63, Florida Statutes, is
21 created to read:
22 1009.63 Occupational therapist or physical therapist
23 critical shortage program; definitions.--For the purposes of
24 ss. 1009.63-1009.634:
25 (1) "Critical shortage area" applies to licensed
26 occupational therapists and physical therapists and
27 occupational therapy assistants and physical therapist
28 assistants employed by the public schools of this state.
29 (2) "Therapist" means occupational therapist or
30 physical therapist.
31 Section 444. Section 1009.631, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1009.631 Occupational therapist or physical therapist
3 critical shortage program; establishment.--
4 (1) The occupational therapist or physical therapist
5 critical shortage program is established in the Department of
6 Education for the purpose of attracting capable and promising
7 applicants in the occupational therapy or physical therapy
8 profession to employment in the public schools of this state.
9 The program shall include the Critical Occupational Therapist
10 or Physical Therapist Shortage Student Loan Forgiveness
11 Program, the Critical Occupational Therapist or Physical
12 Therapist Shortage Scholarship Loan Program, and the Critical
13 Occupational Therapist or Physical Therapist Shortage Tuition
14 Reimbursement Program.
15 (2) Funds appropriated by the Legislature for the
16 program shall be deposited in the State Student Financial
17 Assistance Trust Fund. Any balance in the trust fund at the
18 end of any fiscal year that has been allocated to the program
19 shall remain therein and shall be available for carrying out
20 the purposes of this section. Funds contained in the trust
21 fund for the program shall be used for the programs specified
22 in subsection (1) for those licensed therapists and therapy
23 assistants employed by the public schools of this state.
24 (3) The State Board of Education shall annually review
25 the designation of critical shortage areas and shall adopt
26 rules necessary for the implementation of the program.
27 Section 445. Section 1009.632, Florida Statutes, is
28 created to read:
29 1009.632 Critical Occupational Therapist or Physical
30 Therapist Shortage Student Loan Forgiveness Program.--
31 (1) There is established the Critical Occupational
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Therapist or Physical Therapist Shortage Student Loan
2 Forgiveness Program. The primary function of the program is
3 to make repayments toward loans received by students from
4 institutions for the support of postsecondary study of
5 occupational therapy or physical therapy. Repayments shall be
6 made to qualified applicants who initiate employment in the
7 public schools of this state and who apply during their first
8 year of employment in a public school setting.
9 (2) From the funds available, the Department of
10 Education is authorized to make loan principal repayments as
11 follows:
12 (a) Up to $2,500 a year for up to 4 years on behalf of
13 selected graduates of accredited undergraduate postsecondary
14 occupational therapist or physical therapist preparation
15 programs.
16 (b) Up to $2,500 a year for up to 2 years on behalf of
17 selected graduates of accredited undergraduate postsecondary
18 occupational therapy or physical therapist assistant
19 preparation programs.
20 (c) Up to $5,000 a year for up to 2 years on behalf of
21 selected graduates of accredited postbaccalaureate entry level
22 occupational therapist or physical therapist preparation
23 programs.
24 (d) All repayments shall be contingent on continued
25 proof of employment for 3 years as a therapist or therapy
26 assistant by the public schools in this state and shall be
27 made directly to the holder of the loan. The state shall not
28 bear the responsibility for the collection of any interest
29 charges or other remaining balance. In the event that a
30 critical shortage is no longer verified, a therapist or
31 therapy assistant shall continue to be eligible for loan
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 forgiveness as long as the therapist or therapy assistant
2 continues to be employed by the public schools of this state
3 and otherwise meets all conditions of eligibility.
4 (3) Recipients under this program shall not be
5 eligible to participate in the Critical Occupational Therapist
6 or Physical Therapist Shortage Scholarship Loan Program or the
7 Critical Occupational Therapist or Physical Therapist Shortage
8 Tuition Reimbursement Program.
9 (4) This section shall be implemented only to the
10 extent as specifically funded by law.
11 Section 446. Section 1009.633, Florida Statutes, is
12 created to read:
13 1009.633 Critical Occupational Therapist or Physical
14 Therapist Shortage Scholarship Loan Program.--
15 (1) There is established the Critical Occupational
16 Therapist or Physical Therapist Shortage Scholarship Loan
17 Program.
18 (2) To be eligible, a candidate shall:
19 (a) Be a full-time student in a therapy assistant
20 program or in the upper division or higher level in an
21 occupational therapist or physical therapist educational
22 program. Occupational therapist and occupational therapy
23 assistant programs must be accredited by the American Medical
24 Association in collaboration with the American Occupational
25 Therapy Association. Physical therapist and physical therapist
26 assistant programs must be accredited by the American Physical
27 Therapy Association.
28 (b) Have declared an intention to be employed by the
29 public schools of this state for 3 years following completion
30 of the requirements. In the event critical shortage areas are
31 changed by the State Board of Education, a student shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 continue to be eligible for an award as long as the student
2 continues in the therapist educational program for which the
3 initial award was made and the student otherwise meets all
4 other conditions of eligibility.
5 (c) Meet the general requirements for student
6 eligibility as provided in s. 1009.40, except as otherwise
7 provided in this section.
8 (d) Maintain a grade point average of 2.0 on a 4.0
9 scale for undergraduate college work or a grade point average
10 of 3.0 on a 4.0 scale for graduate college work.
11 (3) A scholarship loan may be awarded for no more than
12 2 years and may not exceed $4,000 a year.
13 (4) The State Board of Education shall adopt by rule
14 repayment schedules and applicable interest rates under ss.
15 1009.82 and 1009.95. A scholarship loan must be paid back
16 within 10 years of completion of a program of studies.
17 (a) Credit for repayment of a scholarship loan shall
18 be in an amount not to exceed $2,000 plus applicable accrued
19 interest for each full year of employment by the public
20 schools of this state.
21 (b) Any therapist or therapy assistant who fails to be
22 employed by a public school in this state as specified in this
23 subsection is responsible for repaying the loan plus interest.
24 Repayment schedules and applicable interest rates shall be
25 determined by the rules of the State Board of Education under
26 ss. 1009.82 and 1009.95.
27 (5) Recipients under this program shall not be
28 eligible to participate in the Critical Occupational Therapist
29 or Physical Therapist Shortage Student Loan Forgiveness
30 Program or the Critical Occupational Therapist or Physical
31 Therapist Shortage Tuition Reimbursement Program.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (6) This section shall be implemented only to the
2 extent specifically funded and authorized by law.
3 Section 447. Section 1009.634, Florida Statutes, is
4 created to read:
5 1009.634 Critical Occupational Therapist or Physical
6 Therapist Shortage Tuition Reimbursement Program.--
7 (1) There is established the Critical Occupational
8 Therapist or Physical Therapist Shortage Tuition Reimbursement
9 Program to improve the skills and knowledge of current
10 therapists and therapy assistants who are employed by the
11 public school system.
12 (2) Any full-time public school employee licensed to
13 practice occupational therapy or physical therapy in this
14 state is eligible for the program.
15 (3) Participants may receive tuition reimbursement
16 payments for up to 9 semester hours, or the equivalent in
17 quarter hours, per year, at a rate not to exceed $78 per
18 semester hour, up to a total of 36 semester hours. All tuition
19 reimbursements shall be contingent on the participant passing
20 an approved course with a minimum grade of 3.0 or its
21 equivalent.
22 (4) The participant shall be employed by the public
23 schools of this state for 3 years following completion of the
24 requirements.
25 (5) Recipients under this program shall not be
26 eligible to participate in the Critical Occupational Therapist
27 or Physical Therapist Shortage Student Loan Forgiveness
28 Program or the Critical Occupational Therapist or Physical
29 Therapist Shortage Scholarship Loan Program.
30 (6) This section shall be implemented only to the
31 extent specifically funded and authorized by the law.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 448. Section 1009.64, Florida Statutes, is
2 created to read:
3 1009.64 Certified Education Paraprofessional Welfare
4 Transition Program.--
5 (1) There is created the Certified Education
6 Paraprofessional Welfare Transition Program to provide
7 education and employment for recipients of public assistance
8 who are certified to work in schools that, because of the high
9 proportion of economically disadvantaged children enrolled,
10 are at risk of poor performance on traditional measures of
11 achievement. The program is designed to enable such schools
12 to increase the number of adults working with the school
13 children. However, the increase in personnel working at
14 certain schools is intended to supplement and not to supplant
15 the school staff and should not affect current school board
16 employment and staffing policies, including those contained in
17 collective bargaining agreements. The program is intended to
18 be supported by local, state, and federal program funds for
19 which the participants may be eligible. Further, the program
20 is designed to provide its participants not only with
21 entry-level employment but also with a marketable credential,
22 a career option, and encouragement to advance.
23 (2) The Commissioner of Education, the secretary of
24 the Department of Children and Family Services, and the
25 director of the Agency for Workforce Innovation have joint
26 responsibility for planning and conducting the program.
27 (3) The agencies responsible may make recommendations
28 to the State Board of Education and the Legislature if they
29 find that implementation or operation of the program would
30 benefit from the adoption or waiver of state or federal
31 policy, rule, or law, including recommendations regarding
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 program budgeting.
2 (4) The agencies shall complete an implementation plan
3 that addresses at least the following recommended components
4 of the program:
5 (a) A method of selecting participants. The method
6 must not duplicate services provided by those assigned to
7 screen participants of the welfare transition program, but
8 must assure that screening personnel are trained to identify
9 recipients of public assistance whose personal aptitudes and
10 motivation make them most likely to succeed in the program and
11 advance in a career related to the school community.
12 (b) A budget for use of incentive funding to provide
13 motivation to participants to succeed and excel. The budget
14 for incentive funding includes:
15 1. Funds allocated by the Legislature directly for the
16 program.
17 2. Funds that may be made available from the federal
18 Workforce Investment Act based on client eligibility or
19 requested waivers to make the clients eligible.
20 3. Funds made available by implementation strategies
21 that would make maximum use of work supplementation funds
22 authorized by federal law.
23 4. Funds authorized by strategies to lengthen
24 participants' eligibility for federal programs such as
25 Medicaid, subsidized child care, and transportation.
26
27 Incentives may include a stipend during periods of college
28 classroom training, a bonus and recognition for a high
29 grade-point average, child care and prekindergarten services
30 for children of participants, and services to increase a
31 participant's ability to advance to higher levels of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 employment. Nonfinancial incentives should include providing a
2 mentor or tutor, and service incentives should continue and
3 increase for any participant who plans to complete the
4 baccalaureate degree and become a certified teacher. Services
5 may be provided in accordance with family choice by community
6 colleges and school district technical centers, through family
7 service centers and full-service schools, or under contract
8 with providers through central agencies.
9 (5) The agencies shall select Department of Children
10 and Family Services districts to participate in the program. A
11 district that wishes to participate must demonstrate that a
12 district school board, a community college board of trustees,
13 an economic services program administrator, and a regional
14 workforce board are willing to coordinate to provide the
15 educational program, support services, employment
16 opportunities, and incentives required to fulfill the intent
17 of this section.
18 (6)(a) A community college or school district
19 technical center is eligible to participate if it provides a
20 technical certificate program in Child Development Early
21 Intervention as approved by Workforce Florida, Inc. Priority
22 programs provide an option and incentives to articulate with
23 an associate in science degree program or a baccalaureate
24 degree program.
25 (b) A participating educational agency may earn funds
26 appropriated for performance-based incentive funding for
27 successful outcomes of enrollment and placement of recipients
28 of public assistance who are in the program. In addition, an
29 educational agency is eligible for an incentive award
30 determined by Workforce Florida, Inc., for each recipient of
31 public assistance who successfully completes a program leading
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to the award of a General Education Development credential.
2 (c) Historically black colleges or universities that
3 have established programs that serve participants in the
4 welfare transition program are eligible to participate in the
5 Performance Based Incentive Funding Program and may earn an
6 incentive award determined by Workforce Florida, Inc., for
7 successful placement of program completers in jobs as
8 education paraprofessionals in at-risk schools.
9 (7)(a) A participating school district shall identify
10 at-risk schools in which the program participants will work
11 during the practicum part of their education. For purposes of
12 this act, an at-risk school is a school with grades K-3 in
13 which 50 percent or more of the students enrolled at the
14 school are eligible for free lunches or reduced-price lunches.
15 Priority schools are schools whose service zones include the
16 participants' own communities.
17 (b) A participating school district may use funds
18 appropriated by the Legislature from Agency for Workforce
19 Innovation regional workforce board allotments to provide at
20 least 6 months of on-the-job training to participants in the
21 Certified Education Paraprofessional Welfare Transition
22 Program. Participating school districts may also use funds
23 provided by grant diversion of funds from the welfare
24 transition program for the participants during the practicum
25 portion of their training to earn the certificate required for
26 their employment.
27 (8) The agencies shall give priority for funding to
28 those programs that provide maximum security for the
29 long-range employment and career opportunities of the program
30 participants. Security is enhanced if employment is provided
31 through a governmental or nongovernmental agency other than
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the school board, or if the plans assure in another way that
2 the participants will supplement, rather than supplant, the
3 workforce available to the school board. It is the intent of
4 the Legislature that, when a program participant succeeds in
5 becoming a certified education paraprofessional after working
6 successfully in a school during the practicum or on-the-job
7 training supported by the program, the participant shall have
8 the opportunity to continue in full-time employment at the
9 school that provided the training or at another school in the
10 district.
11 Section 449. Section 1009.65, Florida Statutes, is
12 created to read:
13 1009.65 Medical Education Reimbursement and Loan
14 Repayment Program.--
15 (1) To encourage qualified medical professionals to
16 practice in underserved locations where there are shortages of
17 such personnel, there is established the Medical Education
18 Reimbursement and Loan Repayment Program. The function of the
19 program is to make payments that offset loans and educational
20 expenses incurred by students for studies leading to a medical
21 or nursing degree, medical or nursing licensure, or advanced
22 registered nurse practitioner certification or physician
23 assistant licensure. The following licensed or certified
24 health care professionals are eligible to participate in this
25 program: medical doctors with primary care specialties,
26 doctors of osteopathic medicine with primary care specialties,
27 physician's assistants, licensed practical nurses and
28 registered nurses, and advanced registered nurse practitioners
29 with primary care specialties such as certified nurse
30 midwives. Primary care medical specialties for physicians
31 include obstetrics, gynecology, general and family practice,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 internal medicine, pediatrics, and other specialties which may
2 be identified by the Department of Health.
3 (2) From the funds available, the Department of Health
4 shall make payments to selected medical professionals as
5 follows:
6 (a) Up to $4,000 per year for licensed practical
7 nurses and registered nurses, up to $10,000 per year for
8 advanced registered nurse practitioners and physician's
9 assistants, and up to $20,000 per year for physicians.
10 Penalties for noncompliance shall be the same as those in the
11 National Health Services Corps Loan Repayment Program.
12 Educational expenses include costs for tuition, matriculation,
13 registration, books, laboratory and other fees, other
14 educational costs, and reasonable living expenses as
15 determined by the Department of Health.
16 (b) All payments shall be contingent on continued
17 proof of primary care practice in an area defined in s.
18 395.602(2)(e), or an underserved area designated by the
19 Department of Health, provided the practitioner accepts
20 Medicaid reimbursement if eligible for such reimbursement.
21 Correctional facilities, state hospitals, and other state
22 institutions that employ medical personnel shall be designated
23 by the Department of Health as underserved locations.
24 Locations with high incidences of infant mortality, high
25 morbidity, or low Medicaid participation by health care
26 professionals may be designated as underserved.
27 (c) The Department of Health may use funds
28 appropriated for the Medical Education Reimbursement and Loan
29 Repayment Program as matching funds for federal loan repayment
30 programs such as the National Health Service Corps State Loan
31 Repayment Program.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) The Department of Health may adopt any rules
2 necessary for the administration of the Medical Education
3 Reimbursement and Loan Repayment Program. The department may
4 also solicit technical advice regarding conduct of the program
5 from the Department of Education and Florida universities and
6 community colleges. The Department of Health shall submit a
7 budget request for an amount sufficient to fund medical
8 education reimbursement, loan repayments, and program
9 administration.
10 Section 450. Section 1009.66, Florida Statutes, is
11 created to read:
12 1009.66 Nursing Student Loan Forgiveness Program.--
13 (1) To encourage qualified personnel to seek
14 employment in areas of this state in which critical nursing
15 shortages exist, there is established the Nursing Student Loan
16 Forgiveness Program. The primary function of the program is
17 to increase employment and retention of registered nurses and
18 licensed practical nurses in nursing homes and hospitals in
19 the state and in state-operated medical and health care
20 facilities, public schools, birth centers, federally sponsored
21 community health centers, family practice teaching hospitals,
22 and specialty children's hospitals by making repayments toward
23 loans received by students from federal or state programs or
24 commercial lending institutions for the support of
25 postsecondary study in accredited or approved nursing
26 programs.
27 (2) To be eligible, a candidate must have graduated
28 from an accredited or approved nursing program and have
29 received a Florida license as a licensed practical nurse or a
30 registered nurse or a Florida certificate as an advanced
31 registered nurse practitioner.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) Only loans to pay the costs of tuition, books, and
2 living expenses shall be covered, at an amount not to exceed
3 $4,000 for each year of education towards the degree obtained.
4 (4) Receipt of funds pursuant to this program shall be
5 contingent upon continued proof of employment in the
6 designated facilities in this state. Loan principal payments
7 shall be made by the Department of Health directly to the
8 federal or state programs or commercial lending institutions
9 holding the loan as follows:
10 (a) Twenty-five percent of the loan principal and
11 accrued interest shall be retired after the first year of
12 nursing;
13 (b) Fifty percent of the loan principal and accrued
14 interest shall be retired after the second year of nursing;
15 (c) Seventy-five percent of the loan principal and
16 accrued interest shall be retired after the third year of
17 nursing; and
18 (d) The remaining loan principal and accrued interest
19 shall be retired after the fourth year of nursing.
20
21 In no case may payment for any nurse exceed $4,000 in any
22 12-month period.
23 (5) There is created the Nursing Student Loan
24 Forgiveness Trust Fund to be administered by the Department of
25 Health pursuant to this section and s. 1009.67 and department
26 rules. The Comptroller shall authorize expenditures from the
27 trust fund upon receipt of vouchers approved by the Department
28 of Health. All moneys collected from the private health care
29 industry and other private sources for the purposes of this
30 section shall be deposited into the Nursing Student Loan
31 Forgiveness Trust Fund. Any balance in the trust fund at the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 end of any fiscal year shall remain therein and shall be
2 available for carrying out the purposes of this section and s.
3 1009.67.
4 (6) In addition to licensing fees imposed under part I
5 of chapter 464, there is hereby levied and imposed an
6 additional fee of $5, which fee shall be paid upon licensure
7 or renewal of nursing licensure. Revenues collected from the
8 fee imposed in this subsection shall be deposited in the
9 Nursing Student Loan Forgiveness Trust Fund of the Department
10 of Health and will be used solely for the purpose of carrying
11 out the provisions of this section and s. 1009.67. Up to 50
12 percent of the revenues appropriated to implement this
13 subsection may be used for the nursing scholarship program
14 established pursuant to s. 1009.67.
15 (7)(a) Funds contained in the Nursing Student Loan
16 Forgiveness Trust Fund which are to be used for loan
17 forgiveness for those nurses employed by hospitals, birth
18 centers, and nursing homes must be matched on a
19 dollar-for-dollar basis by contributions from the employing
20 institutions, except that this provision shall not apply to
21 state-operated medical and health care facilities, public
22 schools, county health departments, federally sponsored
23 community health centers, teaching hospitals as defined in s.
24 408.07, family practice teaching hospitals as defined in s.
25 395.805, or specialty hospitals for children as used in s.
26 409.9119. If in any given fiscal quarter there are
27 insufficient funds in the trust fund to grant all eligible
28 applicant requests, awards shall be based on the following
29 priority of employer: county health departments; federally
30 sponsored community health centers; state-operated medical and
31 health care facilities; public schools; teaching hospitals as
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 defined in s. 408.07; family practice teaching hospitals as
2 defined in s. 395.805; specialty hospitals for children as
3 used in s. 409.9119; and other hospitals, birth centers, and
4 nursing homes.
5 (b) All Nursing Student Loan Forgiveness Trust Fund
6 moneys shall be invested pursuant to s. 18.125. Interest
7 income accruing to that portion of the trust fund not matched
8 shall increase the total funds available for loan forgiveness
9 and scholarships. Pledged contributions shall not be eligible
10 for matching prior to the actual collection of the total
11 private contribution for the year.
12 (8) The Department of Health may solicit technical
13 assistance relating to the conduct of this program from the
14 Department of Education.
15 (9) The Department of Health is authorized to recover
16 from the Nursing Student Loan Forgiveness Trust Fund its costs
17 for administering the Nursing Student Loan Forgiveness
18 Program.
19 (10) The Department of Health may adopt rules
20 necessary to administer this program.
21 (11) This section shall be implemented only as
22 specifically funded.
23 Section 451. Section 1009.67, Florida Statutes, is
24 created to read:
25 1009.67 Nursing scholarship program.--
26 (1) There is established within the Department of
27 Health a scholarship program for the purpose of attracting
28 capable and promising students to the nursing profession.
29 (2) A scholarship applicant shall be enrolled as a
30 full-time or part-time student in the upper division of an
31 approved nursing program leading to the award of a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 baccalaureate degree or graduate degree to qualify for a
2 nursing faculty position or as an advanced registered nurse
3 practitioner or be enrolled as a full-time or part-time
4 student in an approved program leading to the award of an
5 associate degree in nursing.
6 (3) A scholarship may be awarded for no more than 2
7 years, in an amount not to exceed $8,000 per year. However,
8 registered nurses pursuing a graduate degree for a faculty
9 position or to practice as an advanced registered nurse
10 practitioner may receive up to $12,000 per year. Beginning
11 July 1, 1998, these amounts shall be adjusted by the amount of
12 increase or decrease in the consumer price index for urban
13 consumers published by the United States Department of
14 Commerce.
15 (4) Credit for repayment of a scholarship shall be as
16 follows:
17 (a) For each full year of scholarship assistance, the
18 recipient agrees to work for 12 months in a faculty position
19 in a college of nursing or community college nursing program
20 in this state or at a health care facility in a medically
21 underserved area as approved by the Department of Health.
22 Scholarship recipients who attend school on a part-time basis
23 shall have their employment service obligation prorated in
24 proportion to the amount of scholarship payments received.
25 (b) Eligible health care facilities include nursing
26 homes and hospitals in this state, state-operated medical or
27 health care facilities, public schools, county health
28 departments, federally sponsored community health centers,
29 colleges of nursing in universities in this state, and
30 community college nursing programs in this state, family
31 practice teaching hospitals as defined in s. 395.805, or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 specialty children's hospitals as described in s. 409.9119.
2 The recipient shall be encouraged to complete the service
3 obligation at a single employment site. If continuous
4 employment at the same site is not feasible, the recipient may
5 apply to the department for a transfer to another approved
6 health care facility.
7 (c) Any recipient who does not complete an appropriate
8 program of studies or who does not become licensed shall repay
9 to the Department of Health, on a schedule to be determined by
10 the department, the entire amount of the scholarship plus 18
11 percent interest accruing from the date of the scholarship
12 payment. Moneys repaid shall be deposited into the Nursing
13 Student Loan Forgiveness Trust Fund established in s. 1009.66.
14 However, the department may provide additional time for
15 repayment if the department finds that circumstances beyond
16 the control of the recipient caused or contributed to the
17 default.
18 (d) Any recipient who does not accept employment as a
19 nurse at an approved health care facility or who does not
20 complete 12 months of approved employment for each year of
21 scholarship assistance received shall repay to the Department
22 of Health an amount equal to two times the entire amount of
23 the scholarship plus interest accruing from the date of the
24 scholarship payment at the maximum allowable interest rate
25 permitted by law. Repayment shall be made within 1 year of
26 notice that the recipient is considered to be in default.
27 However, the department may provide additional time for
28 repayment if the department finds that circumstances beyond
29 the control of the recipient caused or contributed to the
30 default.
31 (5) Scholarship payments shall be transmitted to the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 recipient upon receipt of documentation that the recipient is
2 enrolled in an approved nursing program. The Department of
3 Health shall develop a formula to prorate payments to
4 scholarship recipients so as not to exceed the maximum amount
5 per academic year.
6 (6) The Department of Health shall adopt rules,
7 including rules to address extraordinary circumstances that
8 may cause a recipient to default on either the school
9 enrollment or employment contractual agreement, to implement
10 this section and may solicit technical assistance relating to
11 the conduct of this program from the Department of Health.
12 (7) The Department of Health may recover from the
13 Nursing Student Loan Forgiveness Trust Fund its costs for
14 administering the nursing scholarship program.
15 Section 452. Section 1009.68, Florida Statutes, is
16 created to read:
17 1009.68 Florida Minority Medical Education Program.--
18 (1) There is created a Florida Minority Medical
19 Education Program to be administered by the Department of
20 Education in accordance with rules established by the State
21 Board of Education. The program shall provide scholarships to
22 enable minority students to pursue a medical education at the
23 University of Florida, the University of South Florida,
24 Florida State University, the University of Miami, or
25 Southeastern University of the Health Sciences, for the
26 purpose of addressing the primary health care needs of
27 underserved groups.
28 (2) In order to be eligible to receive a scholarship
29 pursuant to this section, an applicant shall:
30 (a) Be a racial or ethnic minority student.
31 (b) Be a citizen of the United States and meet the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 general eligibility requirements as provided in s. 1009.40,
2 except as otherwise provided in this section.
3 (c) Have maintained residency in this state for no
4 less than 1 year preceding the award.
5 (d) Be accepted by, and enroll as a full-time student
6 in, a Florida medical school.
7 (e) Have an undergraduate grade point average
8 established by rule.
9 (f) Have received scores on selected examinations
10 established by rule.
11 (g) Meet financial need requirements established by
12 rule.
13 (h) Agree to serve in a medical corps for a period of
14 not less than 2 years for the purpose of providing health care
15 to underserved individuals in the State of Florida.
16 (3) In order to renew a scholarship awarded pursuant
17 to this section, a student shall maintain full-time student
18 status and a cumulative grade point average established by
19 rule.
20 (4) The number of scholarships annually awarded shall
21 be three per school. Priority in the distribution of
22 scholarships shall be given to students with the lowest total
23 family resources.
24 (5) Funds appropriated by the Legislature for the
25 program shall be deposited in the State Student Financial
26 Assistance Trust Fund. Interest income accruing to the program
27 from funds of the program in the trust fund not allocated
28 shall increase the funds available for scholarships. Any
29 balance in the trust fund at the end of any fiscal year that
30 has been allocated to the program shall remain in the trust
31 fund and shall be available for carrying out the purposes of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 this section.
2 (6) A scholarship recipient who, upon graduation,
3 defaults on the commitment to serve in the medical corps for
4 the full 2 years shall be required to repay all scholarship
5 money plus interest.
6 (7) The State Board of Education shall adopt rules
7 necessary to implement the provisions of this section.
8 Section 453. Section 1009.69, Florida Statutes, is
9 created to read:
10 1009.69 Virgil Hawkins Fellows Assistance Program.--
11 (1) The Virgil Hawkins Fellows Assistance Program
12 shall provide financial assistance for study in law to
13 minority students in the colleges of law at the Florida State
14 University, the University of Florida, the Florida
15 Agricultural and Mechanical University, and the Florida
16 International University. For the purposes of this section, a
17 minority student qualified to receive assistance from the
18 Virgil Hawkins Fellows Assistance Program shall be identified
19 pursuant to policies adopted by the State Board of Education.
20 (2) Each student who is awarded a fellowship shall be
21 entitled to receive an award under this act for each academic
22 term that the student is in good standing as approved by the
23 law school pursuant to guidelines of the State Board of
24 Education.
25 (3) If a fellowship vacancy occurs, that slot shall be
26 reassigned and funded as a continuing fellowship for the
27 remainder of the period for which the award was originally
28 designated.
29 (4) The State Board of Education shall adopt policies,
30 and the Department of Education shall administer the Virgil
31 Hawkins Fellows Assistance Program.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 454. Section 1009.70, Florida Statutes, is
2 created to read:
3 1009.70 Florida Education Fund.--
4 (1) This section shall be known and may be cited as
5 the "Florida Education Fund Act."
6 (2)(a) The Florida Education Fund, a not-for-profit
7 statutory corporation, is created from a challenge endowment
8 grant from the McKnight Foundation and operates on income
9 derived from the investment of endowment gifts and other gifts
10 as provided by state statute and appropriate matching funds as
11 provided by the state.
12 (b) The amount appropriated to the fund shall be on
13 the basis of $1 for each $2 contributed by private sources.
14 The Florida Education Fund shall certify to the Legislature
15 the amount of donations contributed between July 1, 1990, and
16 June 30, 1991. Only the new donations above the certified base
17 shall be calculated for state matching funds during the first
18 year of the program. In subsequent years, only the new
19 donations above the certified prior year base shall be
20 calculated for state matching funds.
21 (3) The Florida Education Fund shall use the income of
22 the fund to provide for programs which seek to:
23 (a) Enhance the quality of higher educational
24 opportunity in this state;
25 (b) Enhance equality by providing access to effective
26 higher education programs by minority and economically
27 deprived individuals in this state, with particular
28 consideration to be given to the needs of both blacks and
29 women; and
30 (c) Increase the representation of minorities in
31 faculty and administrative positions in higher education in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 this state and to provide more highly educated minority
2 leadership in business and professional enterprises in this
3 state.
4 (4) The Florida Education Fund shall be administered
5 by a board of directors, which is hereby established.
6 (a) The board of directors shall consist of 12
7 members, to be appointed as follows:
8 1. Two laypersons appointed by the Governor;
9 2. Two laypersons appointed by the President of the
10 Senate;
11 3. Two laypersons appointed by the Speaker of the
12 House of Representatives; and
13 4. Two representatives of state universities, two
14 representatives of public community colleges, and two
15 representatives of independent colleges or universities
16 appointed by the State Board of Education.
17
18 The board of directors may appoint to the board an additional
19 five members from the private sector for the purpose of
20 assisting in the procurement of private contributions. Such
21 members shall serve as voting members of the board.
22 (b) Each of the educational sectors in paragraph (a)
23 shall be represented by a president and a faculty member of
24 the corresponding institutions.
25 (c) Each director shall hold office for a term of 3
26 years or until resignation or removal for cause. A director
27 may resign at any time by filing his or her written
28 resignation with the executive secretary for the board. The
29 terms of the directors shall be staggered so that the terms of
30 one-third of the directors will expire annually.
31 (d) In the event of a vacancy on the board caused by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 other than the expiration of a term, a new member shall be
2 appointed by the appointing entity in the sector of which the
3 vacancy occurs.
4 (e) Each member is accountable to the Governor for the
5 proper performance of the duties of his or her office. The
6 Governor shall cause any complaint or unfavorable report
7 received concerning an action of the board or any of its
8 members to be investigated and shall take appropriate action
9 thereon. The Governor may remove any member from office for
10 malfeasance, misfeasance, neglect of duty, incompetence, or
11 permanent inability to perform his or her official duties or
12 for pleading nolo contendere to, or being found guilty of, a
13 crime.
14 (5) The Board of Directors of the Florida Education
15 Fund shall review and evaluate initial programs created by the
16 McKnight Foundation and continue funding the Black Doctorate
17 Fellowship Program and the Junior Fellowship Program if the
18 evaluation is positive, and the board shall identify,
19 initiate, and fund new and creative programs and monitor,
20 review, and evaluate those programs. The purpose of this
21 commitment is to broaden the participation and funding
22 potential for further significant support of higher education
23 in this state. In addition, the board shall:
24 (a) Hold such meetings as are necessary to implement
25 the provisions of this section.
26 (b) Select a chairperson annually.
27 (c) Adopt and use an official seal in the
28 authentication of its acts.
29 (d) Make rules for its own government.
30 (e) Administer this section.
31 (f) Appoint an executive director to serve at its
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pleasure and perform all duties assigned by the board. The
2 executive director shall be the chief administrative officer
3 and agent of the board.
4 (g) Maintain a record of its proceedings.
5 (h) Delegate to the chairperson of the board the
6 responsibility for signing final orders.
7 (i) Utilize existing higher education organizations,
8 associations, and agencies to carry out its educational
9 programs and purposes with minimal staff employment.
10 (j) Be empowered to enter into contracts with the
11 Federal Government, state agencies, or individuals.
12 (k) Receive bequests, gifts, grants, donations, and
13 other valued goods and services. Such bequests and gifts
14 shall be used only for the purpose or purposes stated by the
15 donor.
16 (6) The board of directors is authorized to establish
17 a trust fund from the proceeds of the Florida Education Fund.
18 All funds deposited into the trust fund shall be invested
19 pursuant to the provisions of s. 215.47. Interest income
20 accruing to the unused portion of the trust fund shall
21 increase the total funds available for endowments. The
22 Department of Education may, at the request of the board of
23 directors, administer the fund for investment purposes.
24 (7) It is the intent of the Legislature that the Board
25 of Directors of the Florida Education Fund recruit eligible
26 residents of the state before it extends its search to
27 eligible nonresidents. However, for the purposes of subsection
28 (8), the board of directors shall recruit eligible residents
29 only. It is further the intent of the Legislature that the
30 board of directors establish service terms, if any, that
31 accompany the award of moneys from the fund.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (8) There is created a legal education component of
2 the Florida Education Fund to provide the opportunity for
3 minorities to attain representation within the legal
4 profession proportionate to their representation within the
5 general population. The legal education component of the
6 Florida Education Fund includes a law school program and a
7 pre-law program.
8 (a) The law school scholarship program of the Florida
9 Education Fund is to be administered by the Board of Directors
10 of the Florida Education Fund for the purpose of increasing by
11 200 the number of minority students enrolled in law schools in
12 this state. Implementation of this program is to be phased in
13 over a 3-year period.
14 1. The board of directors shall provide financial,
15 academic, and other support to students selected for
16 participation in this program from funds appropriated by the
17 Legislature.
18 2. Student selection must be made in accordance with
19 rules adopted by the board of directors for that purpose and
20 must be based, at least in part, on an assessment of potential
21 for success, merit, and financial need.
22 3. Support must be made available to students who
23 enroll in private, as well as public, law schools in this
24 state which are accredited by the American Bar Association.
25 4. Scholarships must be paid directly to the
26 participating students.
27 5. Students who participate in this program must agree
28 in writing to sit for The Florida Bar examination and, upon
29 successful admission to The Florida Bar, to either practice
30 law in the state for a period of time equal to the amount of
31 time for which the student received aid, up to 3 years, or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 repay the amount of aid received.
2 6. Annually the board of directors shall compile a
3 report that includes a description of the selection process,
4 an analysis of the academic progress of all scholarship
5 recipients, and an analysis of expenditures. This report must
6 be submitted to the President of the Senate, the Speaker of
7 the House of Representatives, and the Governor.
8 (b) The minority pre-law scholarship loan program of
9 the Florida Education Fund is to be administered by the Board
10 of Directors of the Florida Education Fund for the purpose of
11 increasing the opportunity of minority students to prepare for
12 law school.
13 1. From funds appropriated by the Legislature, the
14 board of directors shall provide for student fees, room,
15 board, books, supplies, and academic and other support to
16 selected minority undergraduate students matriculating at
17 eligible public and independent colleges and universities in
18 Florida.
19 2. Student selection must be made in accordance with
20 rules adopted by the board of directors for that purpose and
21 must be based, at least in part, on an assessment of potential
22 for success, merit, and financial need.
23 3. To be eligible, a student must make a written
24 agreement to enter or be accepted to enter a law school in
25 this state within 2 years after graduation or repay the
26 scholarship loan amount plus interest at the prevailing rate.
27 4. Recipients who fail to gain admission to a law
28 school within the specified period of time, may, upon
29 admission to law school, be eligible to have their loans
30 canceled.
31 5. Minority pre-law scholarship loans shall be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provided to 34 minority students per year for up to 4 years
2 each, for a total of 136 scholarship loans. To continue
3 receipt of scholarship loans, recipients must maintain a 2.75
4 grade point average for the freshman year and a 3.25 grade
5 point average thereafter. Participants must also take
6 specialized courses to enhance competencies in English and
7 logic.
8 6. The board of directors shall maintain records on
9 all scholarship loan recipients. Participating institutions
10 shall submit academic progress reports to the board of
11 directors following each academic term. Annually, the board
12 of directors shall compile a report that includes a
13 description of the selection process, an analysis of the
14 academic progress of all scholarship loan recipients, and an
15 analysis of expenditures. This report must be submitted to
16 the President of the Senate, the Speaker of the House of
17 Representatives, and the Governor.
18 Section 455. Section 1009.72, Florida Statutes, is
19 created to read:
20 1009.72 Jose Marti Scholarship Challenge Grant
21 Program.--
22 (1) There is hereby established a Jose Marti
23 Scholarship Challenge Grant Program to be administered by the
24 Department of Education pursuant to this section and rules of
25 the State Board of Education. The program shall provide
26 matching grants for private sources that raise money for
27 scholarships to be awarded to Hispanic-American students.
28 (2) Funds appropriated by the Legislature for the
29 program shall be deposited in the State Student Financial
30 Assistance Trust Fund. The Comptroller shall authorize
31 expenditures from the trust fund upon receipt of vouchers
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 approved by the Department of Education. All moneys collected
2 from private sources for the purposes of this section shall be
3 deposited into the trust fund. Any balance in the trust fund
4 at the end of any fiscal year that has been allocated to the
5 program shall remain therein and shall be available for
6 carrying out the purposes of the program.
7 (3) The Legislature shall designate funds to be
8 transferred to the trust fund for the program from the General
9 Revenue Fund. Such funds shall be divided into challenge
10 grants to be administered by the Department of Education. All
11 appropriated funds deposited into the trust fund for the
12 program shall be invested pursuant to the provisions of s.
13 18.125. Interest income accruing to that portion of the funds
14 that are allocated to the program in the trust fund and not
15 matched shall increase the total funds available for the
16 program.
17 (4) The amount appropriated to the trust fund for the
18 program shall be allocated by the department on the basis of
19 one $5,000 challenge grant for each $2,500 raised from private
20 sources. Matching funds shall be generated through
21 contributions made after July 1, 1986, and pledged for the
22 purposes of this section. Pledged contributions shall not be
23 eligible for matching prior to the actual collection of the
24 total funds.
25 (5)(a) In order to be eligible to receive a
26 scholarship pursuant to this section, an applicant shall:
27 1. Be a Hispanic-American, or a person of Spanish
28 culture with origins in Mexico, South America, Central
29 America, or the Caribbean, regardless of race.
30 2. Be a citizen of the United States and meet the
31 general requirements for student eligibility as provided in s.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1009.40, except as otherwise provided in this section.
2 3. Be accepted at a state university or community
3 college or any Florida college or university that is
4 accredited by an association whose standards are comparable to
5 the minimum standards required to operate a postsecondary
6 education institution at that level in Florida.
7 4. Enroll as a full-time undergraduate or graduate
8 student.
9 5. Earn a 3.0 unweighted grade point average on a 4.0
10 scale, or the equivalent for high school subjects creditable
11 toward a diploma. If an applicant applies as a graduate
12 student, he or she shall have earned a 3.0 cumulative grade
13 point average for undergraduate college-level courses.
14 (b) In order to renew a scholarship awarded pursuant
15 to this section, a student must:
16 1. Earn a grade point average of at least 3.0 on a 4.0
17 scale for the previous term, maintain at least a 3.0 average
18 for college work, or have an average below 3.0 only for the
19 previous term and be eligible for continued enrollment at the
20 institution.
21 2. Maintain full-time enrollment.
22 (6) The annual scholarship to each recipient shall be
23 $2,000. Priority in the distribution of scholarships shall be
24 given to students with the lowest total family resources.
25 Renewal scholarships shall take precedence over new awards in
26 any year in which funds are not sufficient to meet the total
27 need. No undergraduate student shall receive an award for
28 more than the equivalent of 8 semesters or 12 quarters over a
29 period of no more than 6 consecutive years, except as
30 otherwise provided in s. 1009.40(3). No graduate student
31 shall receive an award for more than the equivalent of 4
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 semesters or 6 quarters.
2 (7) The criteria and procedure for establishing
3 standards of eligibility shall be determined by the
4 department. The department is directed to establish a rating
5 system upon which to base the approval of grants. Such system
6 shall include a certification of acceptability by the
7 postsecondary institution of the applicant's choice.
8 (8) Payment of scholarships shall be transmitted to
9 the president of the postsecondary institution that the
10 recipient is attending or to the president's designee. Should
11 a recipient terminate his or her enrollment during the
12 academic year, the president or his or her designee shall
13 refund the unused portion of the scholarship to the department
14 within 60 days. In the event that a recipient transfers from
15 one eligible institution to another, his or her scholarship
16 shall be transferable upon approval of the department.
17 (9) This section shall be implemented to the extent
18 funded and authorized by law.
19 Section 456. Section 1009.73, Florida Statutes, is
20 created to read:
21 1009.73 Mary McLeod Bethune Scholarship Program.--
22 (1) There is established the Mary McLeod Bethune
23 Scholarship Program to be administered by the Department of
24 Education pursuant to this section and rules of the State
25 Board of Education. The program shall provide matching grants
26 for private sources that raise money for scholarships to be
27 awarded to students who attend Florida Agricultural and
28 Mechanical University, Bethune-Cookman College, Edward Waters
29 College, or Florida Memorial College.
30 (2) Funds appropriated by the Legislature for the
31 program shall be deposited in the State Student Financial
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Assistance Trust Fund. The Comptroller shall authorize
2 expenditures from the trust fund upon receipt of vouchers
3 approved by the Department of Education. The Department of
4 Education shall receive all moneys collected from private
5 sources for the purposes of this section and shall deposit
6 such moneys into the trust fund. Notwithstanding the
7 provisions of s. 216.301 and pursuant to s. 216.351, any
8 balance in the trust fund at the end of any fiscal year that
9 has been allocated to the program shall remain in the trust
10 fund and shall be available for carrying out the purposes of
11 the program.
12 (3) The Legislature shall appropriate moneys to the
13 trust fund for the program from the General Revenue Fund. Such
14 moneys shall be applied to scholarships to be administered by
15 the Department of Education. All moneys deposited into the
16 trust fund for the program shall be invested pursuant to the
17 provisions of s. 18.125. Interest income accruing to the
18 program shall be expended to increase the total moneys
19 available for scholarships.
20 (4) The moneys in the trust fund for the program shall
21 be allocated by the department among the institutions of
22 higher education listed in subsection (1) on the basis of one
23 $2,000 challenge grant for each $1,000 raised from private
24 sources. Matching funds shall be generated through
25 contributions made after July 1, 1990, and pledged for the
26 purposes of this section. Pledged contributions shall not be
27 eligible for matching prior to the actual collection of the
28 total funds. The department shall allocate to each of those
29 institutions a proportionate share of the contributions
30 received on behalf of those institutions and a share of the
31 appropriations and matching funds generated by such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 institution.
2 (5)(a) In order to be eligible to receive a
3 scholarship pursuant to this section, an applicant must:
4 1. Meet the general eligibility requirements set forth
5 in s. 1009.40.
6 2. Be accepted at Florida Agricultural and Mechanical
7 University, Bethune-Cookman College, Edward Waters College, or
8 Florida Memorial College.
9 3. Enroll as a full-time undergraduate student.
10 4. Earn a 3.0 grade point average on a 4.0 scale, or
11 the equivalent, for high school subjects creditable toward a
12 diploma.
13 (b) In order to renew a scholarship awarded pursuant
14 to this section, a student must earn a minimum cumulative
15 grade point average of 3.0 on a 4.0 scale and complete 12
16 credits each term for which the student received the
17 scholarship.
18 (6) The amount of the scholarship to be granted to
19 each recipient is $3,000 annually. Priority in the awarding
20 of scholarships shall be given to students having financial
21 need as determined by the institution. If funds are
22 insufficient to provide the full amount of the scholarship
23 authorized in this section to each eligible applicant, the
24 institution may prorate available funds and make a partial
25 award to each eligible applicant. A student may not receive an
26 award for more than the equivalent of 8 semesters or 12
27 quarters over a period of 6 consecutive years, except that a
28 student who is participating in college-preparatory
29 instruction or who requires additional time to complete the
30 college-level communication and computation skills testing
31 program may continue to receive a scholarship while enrolled
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for the purpose of receiving college-preparatory instruction
2 or while completing the testing program.
3 (7) The criteria and procedure for establishing
4 standards of eligibility shall be determined by the
5 department. The department shall establish a rating system
6 upon which the institutions shall award the scholarships. The
7 system must require a certification of eligibility issued by
8 the postsecondary institution selected by the applicant.
9 (8) Scholarship moneys shall be transmitted to the
10 president or the president's designee of the postsecondary
11 institution that the recipient is attending. The president or
12 his or her designee shall submit a report annually to the
13 Department of Education on the scholarships. If a recipient
14 terminates his or her enrollment during the academic year, the
15 president or his or her designee shall refund the unused
16 portion of the scholarship to the department within 60 days.
17 If a recipient transfers from one of the institutions listed
18 in subsection (1) to another of those institutions, the
19 recipient's scholarship is transferable upon approval of the
20 department.
21 (9) This section shall be implemented in any academic
22 year to the extent funded and authorized by law.
23 (10) The State Board of Education may adopt any rules
24 necessary to implement the provisions of this section.
25 Section 457. Section 1009.74, Florida Statutes, is
26 created to read:
27 1009.74 The Theodore R. and Vivian M. Johnson
28 Scholarship Program.--
29 (1) There is established the Theodore R. and Vivian M.
30 Johnson Scholarship Program to be administered by the
31 Department of Education. The program shall provide
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 scholarships to students attending a state university. The
2 program shall be funded by contributions from the Theodore R.
3 and Vivian M. Johnson Scholarship Foundation and from state
4 matching funds to be allocated from the Trust Fund for Major
5 Gifts.
6 (2) The amount to be allocated to the program shall be
7 on the basis of a 50-percent match of funds from the Trust
8 Fund for Major Gifts for each contribution received from the
9 Theodore R. and Vivian M. Johnson Scholarship Foundation. The
10 funds allocated to the program, including the corpus and
11 interest income, shall be expended for scholarships to benefit
12 disabled students attending a state university.
13 (3) Students eligible for receipt of scholarship funds
14 shall provide documentation of a disability and shall have a
15 demonstrated financial need for the funds.
16 Section 458. Section 1009.76, Florida Statutes, is
17 created to read:
18 1009.76 Ethics in Business Scholarship Program for
19 state universities.--The Ethics in Business Scholarship
20 Program for state universities is hereby created, to be
21 administered by the Department of Education. Moneys
22 appropriated and allocated to university foundations for
23 purposes of the program shall be used to create endowments for
24 the purpose of providing scholarships to undergraduate college
25 students enrolled in state institutions of higher learning who
26 register for one or more credit hours in courses in business
27 ethics and who have demonstrated a commitment to serving the
28 interests of their community. First priority for awarding such
29 scholarships shall be given to students who demonstrate
30 financial need.
31 Section 459. Section 1009.765, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1009.765 Ethics in Business scholarships for community
3 colleges and independent postsecondary educational
4 institutions.--When the Department of Insurance receives a $6
5 million settlement as specified in the Consent Order of the
6 Treasurer and Insurance Commissioner, case number 18900-96-c,
7 that portion of the $6 million not used to satisfy the
8 requirements of section 18 of the Consent Order must be
9 transferred from the Insurance Commissioner's Regulatory Trust
10 Fund to the State Student Financial Assistance Trust Fund is
11 appropriated from the State Student Financial Assistance Trust
12 Fund to provide Ethics in Business scholarships to students
13 enrolled in public community colleges and independent
14 postsecondary educational institutions eligible to participate
15 in the William L. Boyd, IV, Florida Resident Access Grant
16 Program under s. 1009.89. The funds shall be allocated to
17 institutions for scholarships in the following ratio:
18 Two-thirds for community colleges and one-third for eligible
19 independent institutions. The Department of Education shall
20 administer the scholarship program for students attending
21 community colleges and independent institutions. These funds
22 must be allocated to institutions that provide an equal amount
23 of matching funds generated by private donors for the purpose
24 of providing Ethics in Business scholarships. Public funds may
25 not be used to provide the match, nor may funds collected for
26 other purposes. Notwithstanding any other provision of law,
27 the State Board of Administration shall have the authority to
28 invest the funds appropriated under this section. The
29 Department of Education may adopt rules for administration of
30 the program.
31 Section 460. Section 1009.77, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1009.77 Florida Work Experience Program.--
3 (1) There is established the Florida Work Experience
4 Program to be administered by the Department of Education. The
5 purpose of the program is to introduce eligible students to
6 work experience that will complement and reinforce their
7 educational program and career goals and provide a self-help
8 student aid program. Such program shall be available to:
9 (a) Any student attending a state university or
10 community college authorized by Florida law; or
11 (b) Any student attending a nonprofit Florida
12 postsecondary education institution that is eligible to
13 participate in either of the student assistance grant programs
14 established in ss. 1009.51 and 1009.52.
15 (2)(a) A participating institution may use up to 25
16 percent of its program allocation for student employment
17 within the institution.
18 (b) A participating institution may use up to 10
19 percent of its program allocation for program administration.
20 (3) Each participating institution is authorized to
21 enter into contractual agreements with private or public
22 employers for the purpose of establishing a Florida work
23 experience program.
24 (4) The participating postsecondary educational
25 institution shall be responsible for reimbursing employers for
26 student wages from moneys it receives from the trust fund
27 pursuant to subsection (8). Public elementary or secondary
28 school employers shall be reimbursed for 100 percent of the
29 student's wages by the participating institution. All other
30 employers shall be reimbursed for 70 percent of the student's
31 wages. When a college or university employs a student on
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 campus through this program, other student financial aid funds
2 may not be used to fund the institution's 30-percent portion
3 of the student's wages.
4 (5) The employer is responsible for furnishing the
5 full cost of any mandatory benefits. Such benefits may not be
6 considered part of the 30-percent wage requirement total for
7 matching purposes.
8 (6) A student is eligible to participate in the
9 Florida Work Experience Program if the student:
10 (a) Is enrolled at an eligible college or university
11 as no less than a half-time undergraduate student in good
12 standing. However, a student may be employed during the break
13 between two consecutive terms or employed, although not
14 enrolled, during a term if the student was enrolled at least
15 half time during the preceding term and preregisters as no
16 less than a half-time student for the subsequent academic
17 term. A student who attends an institution that does not
18 provide preregistration shall provide documentation of intent
19 to enroll as no less than a half-time student for the
20 subsequent academic term.
21 (b) Meets the general requirements for student
22 eligibility as provided in s. 1009.40, except as otherwise
23 provided in this section.
24 (c) Demonstrates financial need.
25 (d) Maintains a 2.0 cumulative grade point average on
26 a 4.0 scale for all college work.
27 (7) The Department of Education shall prescribe such
28 rules for the program as are necessary for its administration,
29 for the determination of eligibility and selection of
30 institutions to receive funds for students, to ensure the
31 proper expenditure of funds, and to provide an equitable
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 distribution of funds between students at public and
2 independent colleges and universities.
3 (8) Funds appropriated by the Legislature for the
4 Florida Work Experience Program shall be deposited in the
5 State Student Financial Assistance Trust Fund. The Comptroller
6 shall authorize expenditures from the trust fund upon receipt
7 of vouchers approved by the Department of Education. Any
8 balance therein at the end of any fiscal year that has been
9 allocated to the program shall remain therein and shall be
10 available for carrying out the purposes of the program.
11 Section 461. Section 1009.78, Florida Statutes, is
12 created to read:
13 1009.78 Student Loan Program.--There is hereby created
14 a Student Loan Program, referred to in ss. 1009.78-1009.88 as
15 the program.
16 Section 462. Section 1009.79, Florida Statutes, is
17 created to read:
18 1009.79 Issuance of revenue bonds pursuant to s. 15,
19 Art. VII, State Constitution.--
20 (1) The issuance of revenue bonds to finance the
21 establishment of the program, to be payable primarily from
22 payments of interest, principal, and handling charges to the
23 program from the recipients of the loans, and with the other
24 revenues authorized hereby being pledged as additional
25 security, is hereby authorized, subject and pursuant to the
26 provisions of s. 15, Art. VII, State Constitution; the State
27 Bond Act, ss. 215.57-215.83; and ss. 1009.78-1009.88.
28 (2) The amount of such revenue bonds to be issued
29 shall be determined by the Division of Bond Finance of the
30 State Board of Administration. However, the total principal
31 amount outstanding shall not exceed $80 million, other than
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 refunding bonds issued pursuant to s. 215.79.
2 Section 463. Section 1009.80, Florida Statutes, is
3 created to read:
4 1009.80 Approval of loans; administration of
5 program.--
6 (1) The loans to be made with the proceeds of the
7 program shall be determined and approved by the Department of
8 Education, pursuant to rules promulgated by the State Board of
9 Education. The program shall be administered by the
10 Department of Education as provided by law and the proceeds
11 thereof shall be maintained and secured in the same manner as
12 other public trust funds.
13 (2) The Department of Education may contract for the
14 purchase of federally insured student loans to be made by
15 other eligible lenders under the guaranteed student loan
16 program; however, any such loans must comply with all
17 applicable requirements of s. 15, Art. VII of the State
18 Constitution, ss. 1009.78-1009.88, the rules of the State
19 Board of Education relating to the guaranteed student loan
20 program, and the proceedings authorizing the student loan
21 revenue bonds, and the loans so purchased shall have been made
22 during the period specified in the contract.
23 (3) The Department of Education may sell loan notes
24 acquired pursuant to ss. 1009.78-1009.88 to the federally
25 created Student Loan Marketing Association or another
26 federally authorized holder of such notes. The department may
27 also repurchase loan notes from authorized holders of such
28 notes. The department shall comply with applicable federal
29 law and regulations and the provisions of any agreement with
30 the Student Loan Marketing Association or the other authorized
31 holders.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 464. Section 1009.81, Florida Statutes, is
2 created to read:
3 1009.81 Loan agreements.--The Department of Education
4 may enter into loan agreements between the department and the
5 recipients of loans from the program for such periods and
6 under such other terms and conditions as may be prescribed by
7 the applicable rules and regulations and mutually agreed upon
8 by the parties thereto in order to carry out the purposes of
9 s. 15, Art. VII, State Constitution and ss. 1009.78-1009.88.
10 Section 465. Section 1009.82, Florida Statutes, is
11 created to read:
12 1009.82 Terms of loans.--The term of all authorized
13 loans shall be fixed by rules adopted by the state board and
14 the loan agreements to be entered into with the student
15 borrowers.
16 Section 466. Section 1009.83, Florida Statutes, is
17 created to read:
18 1009.83 Rate of interest and other charges.--The
19 Department of Education shall from time to time fix the
20 interest and other charges to be paid for any student loan, at
21 rates sufficient to pay the interest on revenue bonds issued
22 pursuant to ss. 1009.78-1009.88, plus any costs incident to
23 issuance, sale, security, and retirement thereof, including
24 administrative expenses.
25 Section 467. Section 1009.84, Florida Statutes, is
26 created to read:
27 1009.84 Procurement of insurance as security for
28 loans.--The Department of Education may contract with any
29 insurance company or companies licensed to do business in the
30 state for insurance payable in the event of the death or total
31 disability of any student borrower in an amount sufficient to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 retire the principal and interest owed under a loan made as
2 provided in ss. 1009.78-1009.88. The cost of any insurance
3 purchased under this section shall be paid by the student
4 borrower as a part of the handling charges for the loan or as
5 a separate item to be paid in connection with the loan.
6 Section 468. Section 1009.85, Florida Statutes, is
7 created to read:
8 1009.85 Participation in guaranteed student loan
9 program.--The State Board of Education shall adopt rules
10 necessary for participation in the guaranteed student loan
11 program, as provided by the Higher Education Act of 1965 (20
12 U.S.C. ss. 1071 et seq.), as amended or as may be amended. The
13 intent of this act is to authorize student loans when this
14 state, through the Department of Education, has become an
15 eligible lender under the provisions of the applicable federal
16 laws providing for the guarantee of loans to students and the
17 partial payment of interest on such loans by the United States
18 Government.
19 Section 469. Section 1009.86, Florida Statutes, is
20 created to read:
21 1009.86 Student Loan Operating Trust Fund.--
22 (1) The Student Loan Operating Trust Fund is hereby
23 created, to be administered by the Department of Education.
24 Funds shall be credited to the trust fund pursuant to the
25 Higher Education Act of 1965, as amended, from loan processing
26 and issuance fees, administrative cost allowances, account
27 maintenance fees, default aversion fees, amounts remaining
28 from collection of defaulted loans, amounts borrowed from the
29 Student Loan Guaranty Reserve Fund, and other amounts
30 specified in federal regulation. The purpose of the trust fund
31 is to segregate funds used for administration of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 guaranteed student loan program from the reserve funds used to
2 guarantee student loans contained in the Student Loan Guaranty
3 Reserve Fund. The fund is exempt from the service charges
4 imposed by s. 215.20.
5 (2) Notwithstanding the provisions of s. 216.301 and
6 pursuant to s. 216.351, any balance in the trust fund at the
7 end of any fiscal year shall remain in the trust fund at the
8 end of the year and shall be available for carrying out the
9 purposes of the trust fund.
10 (3) Pursuant to the provisions of s. 19(f)(2), Art.
11 III of the State Constitution, the trust fund shall, unless
12 terminated sooner, be terminated on July 1, 2003. However,
13 prior to its scheduled termination, the trust fund shall be
14 reviewed as provided in s. 215.3206(1) and (2).
15 Section 470. Section 1009.87, Florida Statutes, is
16 created to read:
17 1009.87 Provisions of ss. 1009.78-1009.88
18 cumulative.--The provisions of ss. 1009.78-1009.88 shall be in
19 addition to the other provisions of this chapter and shall not
20 be construed to be in derogation thereof, except as otherwise
21 expressly provided hereby.
22 Section 471. Section 1009.88, Florida Statutes, is
23 created to read:
24 1009.88 Validation of bonds.--Revenue bonds issued
25 pursuant to ss. 1009.78-1009.88 shall be validated in the
26 manner provided by chapter 75. In actions to validate such
27 revenue bonds, the complaint shall be filed in the circuit
28 court of the county where the seat of state government is
29 situated, the notice required by s. 75.06 to be published
30 shall be published only in the county where the complaint is
31 filed, and the complaint and order of the circuit court shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be served only on the attorney of the circuit in which the
2 action is pending.
3 Section 472. Section 1009.89, Florida Statutes, is
4 created to read:
5 1009.89 The William L. Boyd, IV, Florida resident
6 access grants.--
7 (1) The Legislature finds and declares that
8 independent nonprofit colleges and universities eligible to
9 participate in the William L. Boyd, IV, Florida Resident
10 Access Grant Program are an integral part of the higher
11 education system in this state and that a significant number
12 of state residents choose this form of higher education. The
13 Legislature further finds that a strong and viable system of
14 independent nonprofit colleges and universities reduces the
15 tax burden on the citizens of the state. Because the William
16 L. Boyd, IV, Florida Resident Access Grant Program is not
17 related to a student's financial need or other criteria upon
18 which financial aid programs are based, it is the intent of
19 the Legislature that the William L. Boyd, IV, Florida Resident
20 Access Grant Program not be considered a financial aid program
21 but rather a tuition assistance program for its citizens.
22 (2) The William L. Boyd, IV, Florida Resident Access
23 Grant Program shall be administered by the Department of
24 Education. The State Board of Education shall adopt rules for
25 the administration of the program.
26 (3) The department shall issue through the program a
27 William L. Boyd, IV, Florida resident access grant to any
28 full-time degree-seeking undergraduate student registered at
29 an independent nonprofit college or university which is
30 located in and chartered by the state; which is accredited by
31 the Commission on Colleges of the Southern Association of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Colleges and Schools; which grants baccalaureate degrees;
2 which is not a state university or state community college;
3 and which has a secular purpose, so long as the receipt of
4 state aid by students at the institution would not have the
5 primary effect of advancing or impeding religion or result in
6 an excessive entanglement between the state and any religious
7 sect. Any independent college or university that was eligible
8 to receive tuition vouchers on January 1, 1989, and which
9 continues to meet the criteria under which its eligibility was
10 established, shall remain eligible to receive William L. Boyd,
11 IV, Florida resident access grant payments.
12 (4) A person is eligible to receive such William L.
13 Boyd, IV, Florida resident access grant if:
14 (a) He or she meets the general requirements,
15 including residency, for student eligibility as provided in s.
16 1009.40, except as otherwise provided in this section; and
17 (b)1. He or she is enrolled as a full-time
18 undergraduate student at an eligible college or university;
19 2. He or she is not enrolled in a program of study
20 leading to a degree in theology or divinity; and
21 3. He or she is making satisfactory academic progress
22 as defined by the college or university in which he or she is
23 enrolled.
24 (5)(a) Funding for the William L. Boyd, IV, Florida
25 Resident Access Grant Program shall be based on a formula
26 composed of planned enrollment and the state cost of funding
27 undergraduate enrollment at public institutions pursuant to s.
28 1011.90. The amount of the William L. Boyd, IV, Florida
29 resident access grant issued to a full-time student shall be
30 an amount as specified in the General Appropriations Act. The
31 William L. Boyd, IV, Florida resident access grant may be paid
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 on a prorated basis in advance of the registration period. The
2 department shall make such payments to the college or
3 university in which the student is enrolled for credit to the
4 student's account for payment of tuition and fees.
5 Institutions shall certify to the department the amount of
6 funds disbursed to each student and shall remit to the
7 department any undisbursed advances or refunds within 60 days
8 of the end of regular registration. Students shall not be
9 eligible to receive the award for more than 9 semesters or 14
10 quarters, except as otherwise provided in s. 1009.40(3).
11 (b) If the combined amount of the William L. Boyd, IV,
12 Florida resident access grant issued pursuant to this act and
13 all other scholarships and grants for tuition or fees exceeds
14 the amount charged to the student for tuition and fees, the
15 department shall reduce the William L. Boyd, IV, Florida
16 resident access grant issued pursuant to this act by an amount
17 equal to such excess.
18 (6) Funds appropriated by the Legislature for the
19 William L. Boyd, IV, Florida Resident Access Grant Program
20 shall be deposited in the State Student Financial Assistance
21 Trust Fund. Notwithstanding the provisions of s. 216.301 and
22 pursuant to s. 216.351, any balance in the trust fund at the
23 end of any fiscal year which has been allocated to the William
24 L. Boyd, IV, Florida Resident Access Grant Program shall
25 remain therein and shall be available for carrying out the
26 purposes of this section. If the number of eligible students
27 exceeds the total authorized in the General Appropriations
28 Act, an institution may use its own resources to assure that
29 each eligible student receives the full benefit of the grant
30 amount authorized.
31 Section 473. Section 1009.895, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1009.895 Access to Better Learning and Education
3 Grants.--
4 (1) The Access to Better Learning and Education Grant
5 Program is established to provide tuition assistance to
6 eligible Florida residents attending eligible independent
7 postsecondary educational institutions in the state.
8 (2) The Access to Better Learning and Education Grant
9 Program shall be administered by the Department of Education.
10 The State Board of Education shall adopt rules for the
11 administration of the program.
12 (3) The department shall issue through the program an
13 Access to Better Learning and Education Grant to any full-time
14 degree-seeking undergraduate student registered at an
15 independent college or university, which is located in and
16 chartered by the state; which is accredited by the Commission
17 on Colleges of the Southern Association of Colleges and
18 Schools; which grants baccalaureate degrees; and which is not
19 a state university or public community college or an
20 institution the students of which are eligible to receive a
21 William L. Boyd, IV, Florida resident access grant pursuant to
22 s. 1009.89; provided that the receipt of state aid by students
23 at the institution would not have the primary effect of
24 advancing or impeding religion or result in an excessive
25 entanglement between the state and any religious sect.
26 (4) A person is eligible to receive an Access to
27 Better Learning and Education Grant if:
28 (a) He or she meets the general requirements,
29 including residency, for student eligibility as provided in s.
30 1009.40, except as otherwise provided in this section.
31 (b)1. He or she is enrolled as a full-time
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 undergraduate student at an eligible college or university.
2 2. He or she is not enrolled in a program of study
3 leading to a degree in theology or divinity.
4 3. He or she is making satisfactory academic progress
5 as defined by the college or university in which he or she is
6 enrolled.
7 (5)(a) Funding for the Access to Better Learning and
8 Education Grant Program shall be based on a formula composed
9 of planned enrollment and the state cost of funding
10 undergraduate enrollment at public educational institutions
11 pursuant to s. 1011.90. The amount of the Access to Better
12 Learning and Education Grant issued to a full-time student
13 shall be an amount as specified in the General Appropriations
14 Act. The access grant may be paid on a prorated basis in
15 advance of the registration period. The department shall make
16 such payments to the college or university in which the
17 student is enrolled for credit to the student's account for
18 payment of tuition and fees. Institutions shall certify to the
19 department the amount of funds disbursed to each student and
20 shall remit to the department any undisbursed advances or
21 refunds within 60 days of the end of regular registration.
22 Students shall not be eligible to receive the award for more
23 than 9 semesters or 14 quarters, except as otherwise provided
24 in s. 1009.40(3).
25 (b) If the combined amount of the Access to Better
26 Learning and Education Grant issued pursuant to this section
27 and all other scholarships and grants for tuition or fees
28 exceeds the amount charged to the student for tuition and
29 fees, the department shall reduce the grant issued pursuant to
30 this section by an amount equal to such excess.
31 (6) Funds appropriated by the Legislature for the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Access to Better Learning and Education Grant Program shall be
2 deposited in the State Student Financial Assistance Trust
3 Fund. Notwithstanding the provisions of s. 216.301 and
4 pursuant to s. 216.351, any balance in the trust fund at the
5 end of any fiscal year which has been allocated to the Access
6 to Better Learning and Education Grant Program shall remain
7 therein and shall be available for carrying out the purposes
8 of this section. If the number of eligible students exceeds
9 the total authorized in the General Appropriations Act, an
10 institution may use its own resources to ensure that each
11 eligible student receives the full benefit of the grant amount
12 authorized.
13 Section 474. Part III.c. of chapter 1009, Florida
14 Statutes, shall be entitled "Role of the Department of
15 Education" and shall consist of ss. 1009.90-1009.96.
16 Section 475. Section 1009.90, Florida Statutes, is
17 created to read:
18 1009.90 Duties of the Department of Education.--The
19 duties of the department shall include:
20 (1) Administration of this part and rules adopted by
21 the State Board of Education.
22 (2) Administration of federal funding, insurance, or
23 reinsurance in full compliance with applicable federal laws
24 and regulations.
25 (3) Development of written administrative procedures
26 and controls for the administration of each financial aid
27 program conducted by the office, maintenance of program
28 records and documents, timely collection and remittance of
29 insurance premiums, and timely assignment of defaulted loans
30 to collection agencies.
31 (4) Annual compilation of sources of financial aid
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 available to students in this state.
2 (5) Biennial analysis of the amount of available
3 financial aid moneys and the effect of such moneys on student
4 access to postsecondary institutions.
5 (6) Biennial internal evaluation of the administrative
6 efficiency and effectiveness of the office.
7 (7) Annual assessment of the accuracy of eligibility
8 information from a random sample of award recipients.
9 (8) Annual review of procedures for the distribution
10 of state financial aid funds.
11 (9) Development and submission of a report, annually,
12 to the State Board of Education, the President of the Senate,
13 and the Speaker of the House of Representatives, which shall
14 include, but not be limited to, recommendations for the
15 distribution of state financial aid funds.
16 (10) Development and evaluation of a comprehensive,
17 long-range program of all sources of student financial aid.
18 (11) Dissemination of information on available
19 financial aid programs to district school superintendents and
20 other persons who request such information.
21 (12) Calculation of the amount of need-based student
22 financial aid required to offset fee increases recommended by
23 the State Board of Education and inclusion of such amount
24 within the legislative budget request for student assistance
25 grant programs.
26 Section 476. Section 1009.91, Florida Statutes, is
27 created to read:
28 1009.91 Assistance programs and activities of the
29 department.--
30 (1) The department may contract for the administration
31 of the student financial assistance programs as specifically
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provided in ss. 295.01, 1009.29, 1009.56, and 1009.78.
2 (2) The department may contract to provide the
3 planning and development activities required pursuant to the
4 provisions of this part.
5 (3) The department shall administer the guarantee of
6 student loans made by participating commercial financial
7 institutions in such a manner as to fully comply with
8 applicable provisions of the Higher Education Act of 1965, as
9 amended, relating to loan reinsurance.
10 (4) The department shall maintain records on the
11 student loan default rate of each Florida postsecondary
12 institution and report that information annually to both the
13 institution and the State Board of Education.
14 Section 477. Section 1009.92, Florida Statutes, is
15 created to read:
16 1009.92 Funding for programs administered by the
17 department.--
18 (1) In the preparation of its annual budget, the
19 department shall request that the Legislature continue to
20 provide funding for applicable programs from the General
21 Revenue Fund.
22 (2) The department is authorized to expend moneys from
23 available trust funds in applicable student financial
24 assistance programs.
25 (3) There is created a Student Loan Guaranty Reserve
26 Fund, which shall be administered by the department in
27 carrying out the provisions of this act.
28 (4) The principal sources of operating funds shall be
29 from the earnings from the temporary investment of the Student
30 Loan Guaranty Reserve Fund and from compensation for services
31 performed under contract for the administration of student
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 financial assistance programs pursuant to s. 1009.91.
2 (5) The department is authorized to accept grant funds
3 under the Leveraging Educational Assistance Program and
4 Supplemental Leveraging Educational Assistance Program of the
5 Federal Government, as provided by the Higher Education Act of
6 1965, as amended.
7 (6) The department is authorized to accept federal
8 advances for the establishment of the Student Loan Guaranty
9 Reserve Fund pursuant to the Higher Education Act of 1965, as
10 amended, under agreement with the United States Commissioner
11 of Education and to maintain such advances until recalled by
12 the United States Commissioner of Education.
13 (7) The department is authorized to assess a student
14 loan insurance premium on each loan guaranteed by the
15 department. The amount of insurance premium will be determined
16 by the department in the amount sufficient to maintain the
17 pledged level of reserve funds but in no event may the amount
18 of the insurance premium exceed the maximum provided by
19 federal law.
20 (8) The department shall invest, or contract for the
21 temporary investment of, any unencumbered cash, and the
22 interest earned therefrom, except as otherwise provided for by
23 law or covenant, shall accrue to the Student Loan Guaranty
24 Reserve Fund or for the administration of financial aid
25 programs.
26 Section 478. Section 1009.93, Florida Statutes, is
27 created to read:
28 1009.93 Student financial aid planning and
29 development.--
30 (1) The department shall administer a student
31 financial aid planning and development program. It is the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 intent of the Legislature that a specific sum of funds be
2 allocated each year for the purpose of sponsoring the design,
3 development, and implementation of a comprehensive program of
4 student financial aid and of initiating activities of
5 inservice training for student financial aid administrators
6 and activities to encourage maximum lender participation in
7 guaranteed loans.
8 (2) The objective of a state program is the
9 maintenance of a state student financial aid program to
10 supplement a basic national program which will provide equal
11 access to postsecondary education to citizens of this state
12 who have the ability and motivation to benefit from a
13 postsecondary education. In the development of a state program
14 to achieve this objective, it shall be the policy that:
15 (a) State student financial aid be provided primarily
16 on the basis of financial need;
17 (b) Students receiving need-based financial aid be
18 expected to contribute toward their cost of education through
19 self-help resources such as savings, work, and loans;
20 (c) Student financial aid be available to state
21 residents for attendance at accredited public or private
22 institutions of higher education in this state;
23 (d) Student financial aid be provided for all levels
24 of postsecondary education; and
25 (e) State student financial aid be administered by a
26 central state agency.
27
28 Planning and development must be in accordance with the
29 foregoing objective and policies.
30 (3) The planning and development procedures shall
31 provide for:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) The review of public policy;
2 (b) The development of performance objectives;
3 (c) The development of alternate approaches;
4 (d) The evaluation of performance; and
5 (e) The participation and involvement in the planning
6 process of representatives of the groups affected by a state
7 program of student financial aid.
8 (4) The State Board of Education shall adopt rules
9 providing for the verification of the independent status of
10 state financial aid recipients.
11 (5) The department shall encourage industry and
12 education linkages through the development of temporary
13 employment opportunities for students attending postsecondary
14 institutions in this state.
15 Section 479. Section 1009.94, Florida Statutes, is
16 created to read:
17 1009.94 Student financial assistance database.--
18 (1) The Department of Education shall design and
19 maintain a student financial assistance database that can be
20 used to support all aspects of the administration and delivery
21 of state-funded student financial aid. In addition, the
22 database must have the capability of providing policymakers
23 with comprehensive information regarding the various financial
24 assistance programs available to students attending Florida
25 postsecondary education institutions.
26 (2) For purposes of this section, financial assistance
27 includes:
28 (a) For all students, any scholarship, grant, loan,
29 fee waiver, tuition assistance payment, or other form of
30 compensation provided from state or federal funds.
31 (b) For students attending public institutions, any
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 scholarship, grant, loan, fee waiver, tuition assistance
2 payment, or other form of compensation supported by
3 institutional funds.
4 (3) The database must include records on any student
5 receiving any form of financial assistance as described in
6 subsection (2). Institutions participating in any state
7 financial assistance program shall annually submit such
8 information to the Department of Education in a format
9 prescribed by the department and consistent with the
10 provisions of s. 1002.22.
11 Section 480. Section 1009.95, Florida Statutes, is
12 created to read:
13 1009.95 Delinquent accounts.--
14 (1) The Department of Education is directed to exert
15 every lawful and reasonable effort to collect all delinquent
16 unpaid and uncanceled scholarship loan notes, student loan
17 notes, and defaulted guaranteed loan notes.
18 (2) The department may establish a recovery account
19 into which unpaid and uncanceled scholarship loan note,
20 student loan note, and defaulted guaranteed loan note accounts
21 may be transferred.
22 (3) The department may settle any delinquent unpaid
23 and uncanceled scholarship loan notes, student loan notes, and
24 defaulted guaranteed loan notes and employ the service of a
25 collection agent when deemed advisable in collecting
26 delinquent or defaulted accounts. However, no collection agent
27 may be paid a commission in excess of 35 percent of the amount
28 collected. Any expense incurred by the department in enforcing
29 the collection of a loan note may be borne by the signer of
30 the note and may be added to the amount of the principal of
31 such note.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4) The department may charge off unpaid and
2 uncanceled scholarship loan notes and student loan notes which
3 are at least 3 years delinquent and which prove uncollectible
4 after good faith collection efforts. However, a delinquent
5 account with a past due balance of $25 or less may be charged
6 off as uncollectible when it becomes 6 months past due and the
7 cost of further collection effort or assignment to a
8 collection agent would not be warranted.
9 (5) No individual borrower who has been determined to
10 be in default in making legally required scholarship loan,
11 student loan, or guaranteed loan repayments shall be furnished
12 with his or her academic transcripts or other student records
13 until such time as the loan is paid in full or the default
14 status has been removed.
15 (6) The department may charge an individual borrower
16 who has been determined to be in default in making legally
17 required loan repayments the maximum interest rate authorized
18 by law.
19 (7) The State Board of Education shall adopt such
20 rules as are necessary to regulate the collection, settlement,
21 and charging off of delinquent unpaid and uncanceled
22 scholarship loan notes, student loan notes, and defaulted
23 guaranteed loan notes.
24 Section 481. Section 1009.96, Florida Statutes, is
25 created to read:
26 1009.96 Annual review of financial assistance
27 programs.--All new and existing financial assistance programs
28 authorized under this chapter which are not funded for 3
29 consecutive years after enactment shall stand repealed.
30 Financial assistance programs provided under this part on July
31 1, 1992, which lose funding for 3 consecutive years shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 stand repealed. The Department of Education shall annually
2 review the legislative appropriation for financial assistance
3 programs to identify such programs.
4 Section 482. Part IV of chapter 1009, Florida
5 Statutes, shall be entitled "Prepaid College Board Programs"
6 and shall consist of ss. 1009.97-1009.984.
7 Section 483. Section 1009.97, Florida Statutes, is
8 created to read:
9 1009.97 General provisions.--
10 (1) LEGISLATIVE FINDING; EDUCATIONAL OPPORTUNITY.--The
11 Legislature recognizes that educational opportunity at the
12 postsecondary level is a critical state interest and is best
13 ensured through the provision of postsecondary institutions
14 that are geographically and financially accessible, that
15 affordability and accessibility of higher education are
16 essential to the welfare and well-being of the residents of
17 the state and are a critical state interest, and that
18 promoting and enhancing financial access to postsecondary
19 institutions serve a legitimate public purpose.
20 (2) LEGISLATIVE INTENT.--It is the intent of the
21 Legislature that a prepaid program be established through
22 which many of the costs associated with postsecondary
23 attendance may be paid in advance and fixed at a guaranteed
24 level for the duration of undergraduate enrollment and that
25 this program fosters timely financial planning for
26 postsecondary attendance and to encourage employer
27 participation in such planning through program contributions
28 on behalf of employees and the dependents of employees. It is
29 further the intent of the Legislature that a savings program
30 be established as a supplement and alternative to the prepaid
31 program to allow persons to make contributions to a trust
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 account to meet some or all of the qualified higher education
2 expenses of a designated beneficiary, consistent with federal
3 law authorizing such programs, but without a guarantee by the
4 state that such contributions, together with the investment
5 return on such contributions, if any, will be adequate to pay
6 for qualified higher education expenses, to enable
7 participants to save for qualified higher education expenses,
8 and to provide a choice to persons who determine that the
9 overall educational needs of their families are best suited to
10 a savings program or who wish to save to meet postsecondary
11 educational needs beyond the traditional 4-year curriculum.
12 Finally, the Legislature intends that the prepaid program and
13 the savings program be conducted in a manner to maximize
14 program efficiency and effectiveness.
15 (3) DEFINITIONS.--As used in ss. 1009.97-1009.984, the
16 term:
17 (a) "Advance payment contract" means a contract
18 entered into by the board and a purchaser pursuant to s.
19 1009.98.
20 (b) "Board" means the Florida Prepaid College Board.
21 (c) "Trust fund" means the Florida Prepaid College
22 Trust Fund.
23 (d) "Prepaid program" means the Florida Prepaid
24 College Program established pursuant to s. 1009.98.
25 (e) "Purchaser" means a person who makes or is
26 obligated to make advance registration or dormitory residence
27 payments in accordance with an advance payment contract.
28 (f) "Qualified beneficiary" means:
29 1. A resident of this state at the time a purchaser
30 enters into an advance payment contract on behalf of the
31 resident;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. A nonresident who is the child of a noncustodial
2 parent who is a resident of this state at the time that such
3 parent enters into an advance payment contract on behalf of
4 the child; or
5 3. For purposes of advance payment contracts entered
6 into pursuant to s. 1009.983, a graduate of an accredited high
7 school in this state who is a resident of this state at the
8 time he or she is designated to receive the benefits of the
9 advance payment contract.
10 (g) "Registration fee" means tuition fee, financial
11 aid fee, building fee, and Capital Improvement Trust Fund fee.
12 (h) "State postsecondary institution" means any public
13 community college or state university.
14 (i) "Benefactor" means any person making a deposit,
15 payment, contribution, gift, or other expenditure into the
16 savings program.
17 (j) "Designated beneficiary" means:
18 1. Any individual designated in the participation
19 agreement;
20 2. Any individual defined in s. 152(a)(1)-(8) of the
21 Internal Revenue Code; or
22 3. Any individual receiving a scholarship from
23 interests in the program purchased by a state or local
24 government or an organization described in s. 501(c)(3) of the
25 Internal Revenue Code.
26 (k) "Eligible educational institution" means an
27 institution of higher education that qualifies under s. 529 of
28 the Internal Revenue Code as an eligible educational
29 institution.
30 (l) "Internal Revenue Code" means the Internal Revenue
31 Code of 1986, as defined in s. 220.03(1), and regulations
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 adopted pursuant thereto.
2 (m) "Participation agreement" means an agreement
3 between the board and a benefactor for participation in the
4 savings program for a designated beneficiary.
5 (n) "Savings program" means the Florida College
6 Savings Program established pursuant to s. 1009.981.
7 (o) "Qualified higher education expenses" means higher
8 education expenses permitted under s. 529 of the Internal
9 Revenue Code and required for the enrollment or attendance of
10 a designated beneficiary at an eligible educational
11 institution, including undergraduate and graduate schools, and
12 any other higher education expenses that are permitted under
13 s. 529 of the Internal Revenue Code.
14 (p) "Prepaid fund" means the fund within the trust
15 fund into which moneys belonging to the prepaid program are
16 deposited and held.
17 (q) "Savings fund" means the fund within the trust
18 fund into which moneys belonging to the savings program are
19 deposited and held.
20 Section 484. Section 1009.971, Florida Statutes, is
21 created to read:
22 1009.971 Florida Prepaid College Board.--
23 (1) FLORIDA PREPAID COLLEGE BOARD; CREATION.--The
24 Florida Prepaid College Board is hereby created as a body
25 corporate with all the powers of a body corporate for the
26 purposes delineated in this section. The board shall
27 administer the prepaid program and the savings program, and
28 shall perform essential governmental functions as provided in
29 ss. 1009.97-1009.984. For the purposes of s. 6, Art. IV of the
30 State Constitution, the board shall be assigned to and
31 administratively housed within the State Board of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Administration, but it shall independently exercise the powers
2 and duties specified in ss. 1009.97-1009.984.
3 (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.--The
4 board shall consist of seven members to be composed of the
5 Attorney General, the Chief Financial Officer, the Deputy
6 Commissioner of Colleges and Universities, the Deputy
7 Commissioner of Community Colleges, and three members
8 appointed by the Governor and subject to confirmation by the
9 Senate. Each member appointed by the Governor shall possess
10 knowledge, skill, and experience in the areas of accounting,
11 actuary, risk management, or investment management. Each
12 member of the board not appointed by the Governor may name a
13 designee to serve on the board on behalf of the member;
14 however, any designee so named shall meet the qualifications
15 required of gubernatorial appointees to the board. Members
16 appointed by the Governor shall serve terms of 3 years. Any
17 person appointed to fill a vacancy on the board shall be
18 appointed in a like manner and shall serve for only the
19 unexpired term. Any member shall be eligible for reappointment
20 and shall serve until a successor qualifies. Members of the
21 board shall serve without compensation but shall be reimbursed
22 for per diem and travel in accordance with s. 112.061. Each
23 member of the board shall file a full and public disclosure of
24 his or her financial interests pursuant to s. 8, Art. II of
25 the State Constitution and corresponding statute.
26 (3) FLORIDA PREPAID COLLEGE BOARD; ELECTIONS;
27 MEETINGS.--The board shall annually elect a board member to
28 serve as chair and a board member to serve as vice chair and
29 shall designate a secretary-treasurer who need not be a member
30 of the board. The secretary-treasurer shall keep a record of
31 the proceedings of the board and shall be the custodian of all
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 printed material filed with or by the board and of its
2 official seal. Notwithstanding the existence of vacancies on
3 the board, a majority of the members shall constitute a
4 quorum. The board shall take no official action in the absence
5 of a quorum. The board shall meet, at a minimum, on a
6 quarterly basis at the call of the chair.
7 (4) FLORIDA PREPAID COLLEGE BOARD; POWERS AND
8 DUTIES.--The board shall have the powers and duties necessary
9 or proper to carry out the provisions of ss. 1009.97-1009.984,
10 including, but not limited to, the power and duty to:
11 (a) Appoint an executive director to serve as the
12 chief administrative and operational officer of the board and
13 to perform other duties assigned to him or her by the board.
14 (b) Adopt an official seal and rules.
15 (c) Sue and be sued.
16 (d) Make and execute contracts and other necessary
17 instruments.
18 (e) Establish agreements or other transactions with
19 federal, state, and local agencies, including state
20 universities and community colleges.
21 (f) Administer the trust fund in a manner that is
22 sufficiently actuarially sound to defray the obligations of
23 the prepaid program and the savings program, considering the
24 separate purposes and objectives of each program. The board
25 shall annually evaluate or cause to be evaluated the actuarial
26 soundness of the prepaid fund. If the board perceives a need
27 for additional assets in order to preserve actuarial soundness
28 of the prepaid program, the board may adjust the terms of
29 subsequent advance payment contracts to ensure such soundness.
30 (g) Invest funds not required for immediate
31 disbursement.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (h) Appear in its own behalf before boards,
2 commissions, or other governmental agencies.
3 (i) Hold, buy, and sell any instruments, obligations,
4 securities, and property determined appropriate by the board.
5 (j) Require a reasonable length of state residence for
6 qualified beneficiaries.
7 (k) Segregate contributions and payments to the trust
8 fund into the appropriate fund.
9 (l) Procure and contract for goods and services,
10 employ personnel, and engage the services of private
11 consultants, actuaries, managers, legal counsel, and auditors
12 in a manner determined to be necessary and appropriate by the
13 board.
14 (m) Solicit and accept gifts, grants, loans, and other
15 aids from any source or participate in any other way in any
16 government program to carry out the purposes of ss.
17 1009.97-1009.984.
18 (n) Require and collect administrative fees and
19 charges in connection with any transaction and impose
20 reasonable penalties, including default, for delinquent
21 payments or for entering into an advance payment contract or a
22 participation agreement on a fraudulent basis.
23 (o) Procure insurance against any loss in connection
24 with the property, assets, and activities of the trust fund or
25 the board.
26 (p) Impose reasonable time limits on use of the
27 benefits provided by the prepaid program or savings program.
28 However, any such limitations shall be specified within the
29 advance payment contract or the participation agreement,
30 respectively.
31 (q) Delineate the terms and conditions under which
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 payments may be withdrawn from the trust fund and impose
2 reasonable fees and charges for such withdrawal. Such terms
3 and conditions shall be specified within the advance payment
4 contract or the participation agreement.
5 (r) Provide for the receipt of contributions in lump
6 sums or installment payments.
7 (s) Require that purchasers of advance payment
8 contracts or benefactors of participation agreements verify,
9 under oath, any requests for contract conversions,
10 substitutions, transfers, cancellations, refund requests, or
11 contract changes of any nature. Verification shall be
12 accomplished as authorized and provided for in s.
13 92.525(1)(a).
14 (t) Delegate responsibility for administration of one
15 or both of the comprehensive investment plans required in s.
16 1009.973 to persons the board determines to be qualified. Such
17 persons shall be compensated by the board.
18 (u) Endorse insurance coverage written exclusively for
19 the purpose of protecting advance payment contracts, and
20 participation agreements, and the purchasers, benefactors, and
21 beneficiaries thereof, including group life policies and group
22 disability policies, which are exempt from the provisions of
23 part V of chapter 627.
24 (v) Form strategic alliances with public and private
25 entities to provide benefits to the prepaid program, savings
26 program, and participants of either or both programs.
27 (w) Solicit proposals and contract, pursuant to s.
28 287.057, for the marketing of the prepaid program or the
29 savings program, or both together. Any materials produced for
30 the purpose of marketing the prepaid program or the savings
31 program shall be submitted to the board for review. No such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 materials shall be made available to the public before the
2 materials are approved by the board. Any educational
3 institution may distribute marketing materials produced for
4 the prepaid program or the savings program; however, all such
5 materials shall be approved by the board prior to
6 distribution. Neither the state nor the board shall be liable
7 for misrepresentation of the prepaid program or the savings
8 program by a marketing agent.
9 (x) Establish other policies, procedures, and criteria
10 to implement and administer the provisions of ss.
11 1009.97-1009.984.
12 (y) Adopt procedures to govern contract dispute
13 proceedings between the board and its vendors.
14 (5) FLORIDA PREPAID COLLEGE BOARD; CONTRACTUAL
15 SERVICES.--The board shall solicit proposals and contract,
16 pursuant to s. 287.057, for:
17 (a) The services of records administrators.
18 (b) Investment consultants to review the performance
19 of the board's investment managers and advise the board on
20 investment management and performance and investment policy,
21 including the contents of the comprehensive investment plans.
22 (c) Trustee services firms to provide trustee and
23 related services to the board. The trustee services firm shall
24 agree to meet the obligations of the board to qualified
25 beneficiaries if moneys in the fund fail to offset the
26 obligations of the board as a result of imprudent selection or
27 supervision of investment programs by such firm.
28 (d) Investment managers to provide investment
29 portfolios for the prepaid program or the savings program.
30 Investment managers shall be limited to authorized insurers as
31 defined in s. 624.09, banks as defined in s. 658.12,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 associations as defined in s. 665.012, authorized Securities
2 and Exchange Commission investment advisers, and investment
3 companies as defined in the Investment Company Act of 1940.
4 All investment managers shall have their principal place of
5 business and corporate charter located and registered in the
6 United States. In addition, each investment manager shall
7 agree to meet the obligations of the board to qualified
8 beneficiaries if moneys in the fund fail to offset the
9 obligations of the board as a result of imprudent investing by
10 such provider. Each authorized insurer shall evidence superior
11 performance overall on an acceptable level of surety in
12 meeting its obligations to its policyholders and other
13 contractual obligations. Only qualified public depositories
14 approved by the Insurance Commissioner and Treasurer shall be
15 eligible for board consideration. Each investment company
16 shall provide investment plans as specified within the request
17 for proposals.
18
19 The goals of the board in procuring such services shall be to
20 provide all purchasers and benefactors with the most secure,
21 well-diversified, and beneficially administered prepaid
22 program or savings program possible, to allow all qualified
23 firms interested in providing such services equal
24 consideration, and to provide such services to the state at no
25 cost and to the purchasers and benefactors at the lowest cost
26 possible. Evaluations of proposals submitted pursuant to this
27 subsection shall include, but not be limited to, fees and
28 other costs that are charged to purchasers or benefactors that
29 affect account values, or that impact the operational costs of
30 the prepaid program or the savings program; past experience
31 and past performance in providing the required services;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 financial history and current financial strength and capital
2 adequacy to provide the required services; and capabilities
3 and experience of the proposed personnel that will provide the
4 required services.
5 (6) QUALIFIED TUITION PROGRAM STATUS.--Notwithstanding
6 any other provision of ss. 1009.97-1009.984, the board may
7 adopt rules necessary for the prepaid program and the savings
8 program each to retain its status as a "qualified tuition
9 program" in order to maintain its tax exempt status or other
10 similar status of the program, purchasers, and qualified
11 beneficiaries under the Internal Revenue Code. The board shall
12 inform participants in the prepaid program and the savings
13 program of changes to the tax or securities status of advance
14 purchase contracts and participation agreements.
15 Section 485. Section 1009.972, Florida Statutes, is
16 created to read:
17 1009.972 Florida Prepaid College Trust Fund.--
18 (1) There is created within the State Board of
19 Administration the Florida Prepaid College Trust Fund. The
20 trust fund shall be segregated into two separate funds, the
21 prepaid fund and the savings fund.
22 (2) The prepaid fund shall consist of state
23 appropriations, moneys acquired from other governmental or
24 private sources for the prepaid program, and moneys remitted
25 in accordance with advance payment contracts. Dividends,
26 interest, and gains accruing to the prepaid fund shall
27 increase the total funds available for the prepaid program. If
28 dividends, interest, and gains for the prepaid fund exceed the
29 amount necessary for program administration and disbursements,
30 the board may designate an additional percentage of the
31 prepaid fund to serve as a contingency fund.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) The savings fund shall consist of appropriations,
2 moneys acquired from other governmental or private sources for
3 the savings program, and moneys remitted in accordance with
4 participation agreements. The amounts on deposit in the
5 savings fund shall remain therein and shall be available
6 solely for carrying out the purposes of the savings program.
7 (4) Any balance contained within the trust fund, and
8 within each fund in the trust fund, at the end of a fiscal
9 year shall remain therein and shall be available for carrying
10 out the purposes of each respective program and the
11 direct-support organization established pursuant to s.
12 1009.983. Moneys contained within the trust fund shall be
13 exempt from the investment requirements of s. 18.10. All funds
14 deposited in the prepaid fund may be invested pursuant to s.
15 215.47. Any funds of a direct-support organization created
16 pursuant to s. 1009.983 shall be exempt from the provisions of
17 this section.
18 (5) Notwithstanding the provisions of chapter 717,
19 funds associated with terminated advance payment contracts
20 pursuant to s. 1009.98(4)(k) and canceled contracts for which
21 no refunds have been claimed shall be retained by the board.
22 The board shall establish procedures for notifying purchasers
23 who subsequently cancel their advance payment contracts of any
24 unclaimed refund and shall establish a time period after which
25 no refund may be claimed by a purchaser who canceled a
26 contract. The board may transfer funds retained from such
27 terminated advance payment contracts and cancelled contracts
28 to the Florida Prepaid Tuition Scholarship Program to provide
29 matching funds for prepaid tuition scholarships for
30 economically disadvantaged youth that remain drug free and
31 crime free.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (6) The assets of the prepaid fund and the savings
2 fund shall be maintained, invested, and expended solely for
3 the purposes of the prepaid program and the savings program,
4 respectively, and shall not be loaned, transferred, or
5 otherwise used by the state for any purpose other than the
6 purposes of ss. 1009.97-1009.984. This subsection shall not be
7 construed to prohibit the board from investing in, by purchase
8 or otherwise, bonds, notes, or other obligations of the state
9 or an agency or instrumentality of the state. Unless otherwise
10 specified by the board, assets of the prepaid fund and the
11 savings fund shall be expended in the following order of
12 priority:
13 (a) To make payments to state postsecondary
14 institutions on behalf of qualified beneficiaries or
15 designated beneficiaries.
16 (b) To make refunds upon termination of advance
17 payment contracts or participation agreements.
18 (c) To pay the costs of administration and operations
19 for the prepaid program and the savings program.
20 Section 486. Section 1009.973, Florida Statutes, is
21 created to read:
22 1009.973 Comprehensive investment plans.--The Florida
23 Prepaid College Board shall establish separate comprehensive
24 investment plans for the prepaid program and for the savings
25 program, each subject to the approval of the State Board of
26 Administration. Each comprehensive investment plan shall
27 specify the investment policies to be utilized by the board in
28 its administration of each respective program. The board may
29 place assets of each program in investment products pursuant
30 to the comprehensive investment plan for each respective
31 program and in such proportions as may be designated or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 approved under the plan for each respective program. Such
2 products shall be underwritten and offered in compliance with
3 the applicable federal and state laws, regulations, and rules
4 by persons authorized by applicable federal and state
5 authorities. A purchaser may not direct the investment of his
6 or her contribution to the prepaid program. A benefactor or
7 designated beneficiary may not direct the investment of any
8 contributions to the savings program other than the specific
9 fund options provided by the board, if any. Board members and
10 employees of the board are not prohibited from purchasing
11 advance payment contracts or entering into participation
12 agreements by virtue of their fiduciary responsibilities as
13 members of the board or official duties as employees of the
14 board.
15 Section 487. Section 1009.974, Florida Statutes, is
16 created to read:
17 1009.974 Exemption from claims of creditors.--Moneys
18 paid into or out of the trust fund by or on behalf of a
19 purchaser or qualified beneficiary of an advance payment
20 contract or benefactor or designated beneficiary of a
21 participation agreement are exempt, as provided by s. 222.22,
22 from all claims of creditors of the purchaser or the qualified
23 beneficiary of an advance payment contract or the benefactor
24 or designated beneficiary of a participation agreement,
25 respectively, provided that the advance payment contract or
26 participation agreement has not been terminated. Neither
27 moneys paid into the prepaid program or savings program nor
28 benefits accrued through the prepaid program or savings
29 program may be pledged for the purpose of securing a loan.
30 Section 488. Section 1009.975, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1009.975 Payroll deduction authority.--The state or
2 any state agency, county, municipality, or other political
3 subdivision may, by contract or collective bargaining
4 agreement, agree with any employee to remit payments toward
5 advance payment contracts or participation agreements through
6 payroll deductions made by the appropriate officer or officers
7 of the state, state agency, county, municipality, or political
8 subdivision. Such payments shall be held and administered in
9 accordance with ss. 1009.97-1009.984.
10 Section 489. Section 1009.976, Florida Statutes, is
11 created to read:
12 1009.976 Annual report.--On or before March 31 of each
13 year, the Florida Prepaid College Board shall prepare or cause
14 to be prepared separate reports setting forth in appropriate
15 detail an accounting of the prepaid program and the savings
16 program which include a description of the financial condition
17 of each respective program at the close of the fiscal year.
18 The board shall submit copies of the reports to the Governor,
19 the President of the Senate, the Speaker of the House of
20 Representatives, and the minority leaders of the House and
21 Senate and shall make the report for the prepaid program
22 available to each purchaser and the report for the savings
23 program available to each benefactor and designated
24 beneficiary. The accounts of the fund for the prepaid program
25 and the savings program shall be subject to annual audits by
26 the Auditor General.
27 Section 490. Section 1009.98, Florida Statutes, is
28 created to read:
29 1009.98 Florida Prepaid College Program.--
30 (1) FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There
31 is created a Florida Prepaid College Program to provide a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 medium through which the cost of registration and dormitory
2 residence may be paid in advance of enrollment in a state
3 postsecondary institution at a rate lower than the projected
4 corresponding cost at the time of actual enrollment. Such
5 payments shall be combined and invested in a manner that
6 yields, at a minimum, sufficient interest to generate the
7 difference between the prepaid amount and the cost of
8 registration and dormitory residence at the time of actual
9 enrollment. Students who enroll in a state postsecondary
10 institution pursuant to this section shall be charged no fees
11 in excess of the terms delineated in the advance payment
12 contract.
13 (2) PREPAID COLLEGE PLANS.--At a minimum, the board
14 shall make advance payment contracts available for two
15 independent plans to be known as the community college plan
16 and the university plan. The board may also make advance
17 payment contracts available for a dormitory residence plan.
18 The board may restrict the number of participants in the
19 community college plan, university plan, and dormitory
20 residence plan, respectively. However, any person denied
21 participation solely on the basis of such restriction shall be
22 granted priority for participation during the succeeding year.
23 (a)1. Through the community college plan, the advance
24 payment contract shall provide prepaid registration fees for a
25 specified number of undergraduate semester credit hours not to
26 exceed the average number of hours required for the conference
27 of an associate degree. Qualified beneficiaries shall bear the
28 cost of any laboratory fees associated with enrollment in
29 specific courses. Each qualified beneficiary shall be
30 classified as a resident for tuition purposes, pursuant to s.
31 1009.21, regardless of his or her actual legal residence.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. Effective July 1, 1998, the board may provide
2 advance payment contracts for additional fees delineated in s.
3 1009.23, not to exceed the average number of hours required
4 for the conference of an associate degree, in conjunction with
5 advance payment contracts for registration fees. Community
6 college plan contracts purchased prior to July 1, 1998, shall
7 be limited to the payment of registration fees as defined in
8 s. 1009.97.
9 (b)1. Through the university plan, the advance payment
10 contract shall provide prepaid registration fees for a
11 specified number of undergraduate semester credit hours not to
12 exceed the average number of hours required for the conference
13 of a baccalaureate degree. Qualified beneficiaries shall bear
14 the cost of any laboratory fees associated with enrollment in
15 specific courses. Each qualified beneficiary shall be
16 classified as a resident for tuition purposes pursuant to s.
17 1009.21, regardless of his or her actual legal residence.
18 2. Effective July 1, 1998, the board may provide
19 advance payment contracts for additional fees delineated in s.
20 1009.24(8)-(11), for a specified number of undergraduate
21 semester credit hours not to exceed the average number of
22 hours required for the conference of a baccalaureate degree,
23 in conjunction with advance payment contracts for registration
24 fees. Such contracts shall provide prepaid coverage for the
25 sum of such fees, to a maximum of 45 percent of the cost of
26 registration fees. University plan contracts purchased prior
27 to July 1, 1998, shall be limited to the payment of
28 registration fees as defined in s. 1009.97.
29 (c) The cost of participation in contracts authorized
30 under paragraph (a) or paragraph (b) shall be based primarily
31 on the current and projected registration fees within the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida Community College System or the State University
2 System, respectively, and the number of years expected to
3 elapse between the purchase of the plan on behalf of a
4 qualified beneficiary and the exercise of the benefits
5 provided in the plan by such beneficiary.
6 (d) Through the dormitory residence plan, the advance
7 payment contract may provide prepaid housing fees for a
8 maximum of 10 semesters of full-time undergraduate enrollment
9 in a state university. Dormitory residence plans shall be
10 purchased in increments of 2 semesters. The cost of
11 participation in the dormitory residence plan shall be based
12 primarily on the average current and projected housing fees
13 within the State University System and the number of years
14 expected to elapse between the purchase of the plan on behalf
15 of a qualified beneficiary and the exercise of the benefits
16 provided in the plan by such beneficiary. Qualified
17 beneficiaries shall have the highest priority in the
18 assignment of housing within university residence halls.
19 Qualified beneficiaries shall bear the cost of any additional
20 elective charges such as laundry service or long-distance
21 telephone service. Each state university may specify the
22 residence halls or other university-held residences eligible
23 for inclusion in the plan. In addition, any state university
24 may request immediate termination of a dormitory residence
25 contract based on a violation or multiple violations of rules
26 of the residence hall or other university-held residences. In
27 the event that sufficient housing is not available for all
28 qualified beneficiaries, the board shall refund the purchaser
29 or qualified beneficiary an amount equal to the fees charged
30 for dormitory residence during that semester. If a qualified
31 beneficiary fails to be admitted to a state university or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 chooses to attend a community college that operates one or
2 more dormitories or residency opportunities, or has one or
3 more dormitories or residency opportunities operated by the
4 community college direct-support organization, the qualified
5 beneficiary may transfer or cause to have transferred to the
6 community college, or community college direct-support
7 organization, the fees associated with dormitory residence.
8 Dormitory fees transferred to the community college or
9 community college direct-support organization may not exceed
10 the maximum fees charged for state university dormitory
11 residence for the purposes of this section, or the fees
12 charged for community college or community college
13 direct-support organization dormitories or residency
14 opportunities, whichever is less.
15 (3) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
16 COLLEGES AND UNIVERSITIES AND TO AREA TECHNICAL CENTERS.--A
17 qualified beneficiary may apply the benefits of an advance
18 payment contract toward:
19 (a) An independent college or university that is
20 located and chartered in Florida, that is not for profit, that
21 is accredited by the Commission on Colleges of the Southern
22 Association of Colleges and Schools or the Accrediting Council
23 for Independent Colleges and Schools, and that confers degrees
24 as defined in s. 1005.02.
25 (b) An out-of-state college or university that is not
26 for profit and is accredited by a regional accrediting
27 association, and that confers degrees.
28 (c) An applied technology diploma program or technical
29 certificate program conducted by a community college listed in
30 s. 1004.02(2) or technical center operated by a district
31 school board.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1
2 The board shall transfer or cause to be transferred to the
3 institution designated by the qualified beneficiary an amount
4 not to exceed the redemption value of the advance payment
5 contract at a state postsecondary institution. If the cost of
6 registration or housing fees at such institution is less than
7 the corresponding fees at a state postsecondary institution,
8 the amount transferred may not exceed the actual cost of
9 registration and housing fees. A transfer authorized under
10 this subsection may not exceed the number of semester credit
11 hours or semesters of dormitory residence contracted on behalf
12 of a qualified beneficiary. Notwithstanding any other
13 provision in this section, an institution must be an "eligible
14 educational institution" under s. 529 of the Internal Revenue
15 Code to be eligible for the transfer of advance payment
16 contract benefits.
17 (4) ADVANCE PAYMENT CONTRACTS.--The board shall
18 develop advance payment contracts for registration and may
19 develop advance payment contracts for dormitory residence as
20 provided in this section. Advance payment contracts shall be
21 exempt from chapter 517 and the Florida Insurance Code. Such
22 contracts shall include, but not be limited to, the following:
23 (a) The amount of the payment or payments and the
24 number of payments required from a purchaser on behalf of a
25 qualified beneficiary.
26 (b) The terms and conditions under which purchasers
27 shall remit payments, including, but not limited to, the date
28 or dates upon which each payment shall be due.
29 (c) Provisions for late payment charges and for
30 default.
31 (d) Provisions for penalty fees for withdrawals from
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the fund.
2 (e) Except for an advance payment contract entered
3 into pursuant to subsection (9) or s. 1009.983, the name and
4 date of birth of the qualified beneficiary on whose behalf the
5 contract is drawn and the terms and conditions under which
6 another person may be substituted as the qualified
7 beneficiary.
8 (f) The name of any person who may terminate the
9 contract. The terms of the contract shall specify whether the
10 contract may be terminated by the purchaser, the qualified
11 beneficiary, a specific designated person, or any combination
12 of these persons.
13 (g) The terms and conditions under which a contract
14 may be terminated, modified, or converted, the name of the
15 person entitled to any refund due as a result of termination
16 of the contract pursuant to such terms and conditions, and the
17 amount of refund, if any, due to the person so named.
18 (h) The number of semester credit hours or semesters
19 of dormitory residence contracted by the purchaser.
20 (i) The state postsecondary system toward which the
21 contracted credit hours or semesters of dormitory residence
22 will be applied.
23 (j) The assumption of a contractual obligation by the
24 board to the qualified beneficiary to provide for a specified
25 number of semester credit hours of undergraduate instruction
26 at a state postsecondary institution, not to exceed the
27 average number of credit hours required for the conference of
28 the degree that corresponds to the plan purchased on behalf of
29 the qualified beneficiary or to provide for a specified number
30 of semesters of dormitory residence, not to exceed the number
31 of semesters of full-time enrollment required for the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 conference of a baccalaureate degree.
2 (k) The period of time after which advance payment
3 contracts that have not been terminated or the benefits used
4 shall be considered terminated. Time expended by a qualified
5 beneficiary as an active duty member of any of the armed
6 services of the United States shall be added to the period of
7 time specified by the board. No purchaser or qualified
8 beneficiary whose advance payment contract is terminated
9 pursuant to this paragraph shall be entitled to a refund.
10 Notwithstanding chapter 717, the board shall retain any moneys
11 paid by the purchaser for an advance payment contract that has
12 been terminated in accordance with this paragraph. Such moneys
13 may be transferred to the Florida Prepaid Tuition Scholarship
14 Program to provide matching funds for prepaid tuition
15 scholarships for economically disadvantaged youths that remain
16 drug free and crime free.
17 (l) Other terms and conditions deemed by the board to
18 be necessary or proper.
19 (5) REFUNDS.--
20 (a) No refund shall exceed the amount paid into the
21 fund by the purchaser except as provided in paragraphs (b) and
22 (c).
23 (b) If the beneficiary is awarded a scholarship, the
24 terms of which cover the benefits included in the advance
25 payment contracts, moneys paid for the purchase of the advance
26 payment contracts shall be refunded to the purchaser in
27 semester installments coinciding with the tuition by the
28 beneficiary in an amount which, in total, does not exceed the
29 redemption value of the advance payment contract at a state
30 postsecondary institution.
31 (c) In the event of the death or total disability of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the beneficiary, moneys paid for the purchase of advance
2 payment contracts shall be refunded to the purchaser in an
3 amount not to exceed the redemption value of the advance
4 payment contract at a state postsecondary institution.
5 (d) If an advance payment contract is converted from
6 one registration plan to a plan of lesser value, the amount
7 refunded shall not exceed the difference between the amount
8 paid for the original contract and the amount that would have
9 been paid for the contract to which the plan is converted had
10 the converted plan been purchased under the same payment plan
11 at the time the original advance payment contract was
12 executed.
13 (e) No refund shall be authorized through an advance
14 payment contract for any school year partially attended but
15 not completed. For purposes of this section, a school year
16 partially attended but not completed shall mean any one
17 semester whereby the student is still enrolled at the
18 conclusion of the official drop-add period, but withdraws
19 before the end of such semester. If a beneficiary does not
20 complete a community college plan or university plan for
21 reasons other than specified in paragraph (c), the purchaser
22 shall receive a refund of the amount paid into the fund for
23 the remaining unattended years of the advance payment contract
24 pursuant to rules promulgated by the board.
25 (6) CONFIDENTIALITY OF ACCOUNT
26 INFORMATION.--Information that identifies the purchasers or
27 beneficiaries of any plan promulgated under this section and
28 their advance payment account activities is exempt from the
29 provisions of s. 119.07(1). However, the board may authorize
30 the program's records administrator to release such
31 information to a community college, college, or university in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 which a beneficiary may enroll or is enrolled. Community
2 colleges, colleges, and universities shall maintain such
3 information as exempt from the provisions of s. 119.07(1).
4 (7) OBLIGATIONS OF BOARD.--The state shall agree to
5 meet the obligations of the board to qualified beneficiaries
6 if moneys in the fund fail to offset the obligations of the
7 board. The Legislature shall appropriate to the Florida
8 Prepaid College Trust Fund the amount necessary to meet the
9 obligations of the board to qualified beneficiaries.
10 (8) PROGRAM TERMINATION.--In the event that the state
11 determines the prepaid program to be financially infeasible,
12 the state may discontinue the provision of the program. Any
13 qualified beneficiary who has been accepted by and is enrolled
14 or is within 5 years of enrollment in an eligible independent
15 college or university or state postsecondary institution shall
16 be entitled to exercise the complete benefits for which he or
17 she has contracted. All other contract holders shall receive a
18 refund of the amount paid in and an additional amount in the
19 nature of interest at a rate that corresponds, at a minimum,
20 to the prevailing interest rates for savings accounts provided
21 by banks and savings and loan associations.
22 (9) SCHOLARSHIPS.--A nonprofit organization described
23 in s. 501(c)(3) of the United States Internal Revenue Code and
24 exempt from taxation under s. 501(a) of the United States
25 Internal Revenue Code may purchase advance payment contracts
26 for a scholarship program that has been approved by the board
27 and is operated by the purchasing organization.
28 Section 491. Section 1009.981, Florida Statutes, is
29 created to read:
30 1009.981 Florida College Savings Program.--
31 (1)(a) The Florida Prepaid College Board is authorized
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to create, establish, and administer the Florida College
2 Savings Program to promote and enhance the affordability of
3 higher education in the state and to enable persons to
4 contribute funds that are combined and invested to pay the
5 subsequent higher education expenses of a designated
6 beneficiary. The board may not implement the savings program
7 until it has obtained:
8 1. A written opinion from counsel specializing in
9 federal tax matters indicating that the savings program
10 constitutes a qualified tuition program under s. 529 of the
11 Internal Revenue Code;
12 2. A written opinion from a qualified member of the
13 United States Patent Bar indicating that the implementation of
14 the savings program or the operation of the savings program
15 will not knowingly infringe upon any patent or copyright
16 specifically related to the financing of higher education
17 expenses;
18 3. A written opinion of qualified counsel specializing
19 in federal securities law that the savings program and the
20 offering of participation in the savings program does not
21 violate federal securities law; and
22 4. A written opinion from the board's litigation
23 counsel indicating that the implementation or operation of the
24 savings program will not adversely impact any pending
25 litigation against the board.
26 (b) The benefactor retains ownership of all amounts on
27 deposit in his or her account with the savings program up to
28 the date of distribution on behalf of a designated
29 beneficiary. Earnings derived from investment of the
30 contributions shall be considered to be held in trust in the
31 same manner as contributions, except as applied for purposes
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the designated beneficiary and for purposes of maintaining
2 and administering the program as provided in this section.
3 (c) All amounts attributable to penalties shall be
4 used for purposes of the savings program or as required by the
5 Internal Revenue Code, and other amounts received other than
6 contributions shall be properties of the savings program.
7 Proceeds from penalties shall remain with the program and may
8 be used for any costs or purposes of the savings program or
9 used as required by the Internal Revenue Code.
10 (d) Deposits and contributions to the program, the
11 property of the board, and the earnings on the college savings
12 accounts are exempt from taxation.
13 (e) The assets of the savings program shall be
14 continuously invested and reinvested in a manner consistent
15 with the purposes of the program, expended on expenses
16 incurred by the operation and management of the savings
17 program, or refunded to the benefactor or designated
18 beneficiary under the conditions provided in the participation
19 agreement. The board is not required to invest directly in
20 obligations of the state or any political subdivision of the
21 state or in any investment or other fund administered by the
22 state.
23 (2) PARTICIPATION AGREEMENTS.--
24 (a) The board may establish plans to permit
25 benefactors to prepay the qualified higher education expenses
26 associated with enrollment in an eligible educational
27 institution and may permit benefactors to select from among
28 alternative investment plans designed to provide funds to pay
29 qualified education expenses of a designated beneficiary. The
30 board shall not accept contributions in excess of the amount
31 allowed pursuant to s. 529 of the Internal Revenue Code and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall prescribe by rule the methodology and information
2 sources that shall be used to determine the projected costs of
3 qualified higher education expenses for designated
4 beneficiaries of prescribed ages.
5 (b) The board shall develop a participation agreement
6 which shall be the agreement between the board and each
7 benefactor, which may include, but is not limited to:
8 1. The name, date of birth, and social security number
9 of the designated beneficiary.
10 2. The amount of the contribution or contributions and
11 number of contributions required from a benefactor on behalf
12 of a designated beneficiary.
13 3. The terms and conditions under which benefactors
14 shall remit contributions, including, but not limited to, the
15 date or dates upon which each contribution is due. Deposits to
16 the savings program by benefactors may only be in cash.
17 Benefactors may contribute in a lump sum, periodically, in
18 installments, or through electronic funds transfer or employer
19 payroll deductions.
20 4. Provisions for late contribution charges and for
21 default.
22 5. Provisions for penalty fees for withdrawals from
23 the program.
24 6. The name of the person who may terminate
25 participation in the program. The participation agreement must
26 specify whether the account may be terminated by the
27 benefactor, the designated beneficiary, a specific designated
28 person, or any combination of these persons.
29 7. The terms and conditions under which an account may
30 be terminated, modified, or converted, the name of the person
31 entitled to any refund due as a result of termination of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 account pursuant to such terms and conditions, and the amount
2 of refund, if any, due to the person so named.
3 8. Penalties for distributions not used or made in
4 accordance with s. 529 of the Internal Revenue Code.
5 9. Any charges or fees in connection with the
6 administration of the savings fund.
7 10. The period of time after which each participation
8 agreement shall be considered to be terminated. Time expended
9 by a designated beneficiary as an active duty member of any of
10 the armed services of the United States shall be added to the
11 period specified pursuant to this subparagraph. Should a
12 participation agreement be terminated, the balance of the
13 account, after notice to the benefactor, shall be declared
14 unclaimed and abandoned property. The board shall retain any
15 monies paid by the benefactor for a participation agreement
16 that has been terminated in accordance with this subparagraph.
17 Such moneys may be transferred to the Florida Prepaid Tuition
18 Scholarship Program to provide matching funds for prepaid
19 tuition scholarships for economically disadvantaged youths
20 that remain drug free and crime free.
21 11. Other terms and conditions deemed by the board to
22 be necessary or proper.
23 (c) The participation agreement shall clearly state
24 that:
25 1. The contract is only a debt or obligation of the
26 savings program and the savings fund, and is not otherwise a
27 debt or obligation of the state.
28 2. Participation in the program does not guarantee
29 that sufficient funds will be available to cover all qualified
30 higher education expenses for any designated beneficiary and
31 does not guarantee admission to or continued enrollment at an
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 eligible educational institution of any designated
2 beneficiary.
3 (d) The participation agreement may be freely amended
4 throughout its term for purposes including, but not limited
5 to, allowing to enable the benefactor to increase or decrease
6 the level of participation, change designated beneficiaries,
7 and carry out similar matters permitted by this section and
8 the Internal Revenue Code.
9 (3) DISTRIBUTIONS FOR QUALIFIED HIGHER EDUCATION
10 EXPENSES.--The board shall establish requirements and
11 procedures for beneficiaries to realize the benefits of
12 participation agreements. In establishing such requirements
13 and procedures, the board shall make distributions in as
14 efficient and expeditious manner as is prudent and possible,
15 consistent with the Internal Revenue Code.
16 (4) REFUNDS.--
17 (a) A benefactor may request a refund of the principal
18 amount of his or her contributions, plus actual investment
19 earnings or minus actual investment losses on the
20 contributions, less any applicable penalty, and less any
21 amounts used to provide benefits to the designated
22 beneficiary.
23 (b) Notwithstanding paragraph (a), a penalty may not
24 be levied if a benefactor requests a refund from the program
25 due to:
26 1. Death of the beneficiary.
27 2. Total disability of the beneficiary.
28 3. Scholarship, allowance, or payment received by the
29 beneficiary to the extent that the amount of the refund does
30 not exceed the amount of the scholarship, allowance, or
31 payment in accordance with federal law.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) If a benefactor requests a refund of funds
2 contributed to the program for any cause other than those
3 listed in paragraph (b), there shall be imposed a penalty of
4 10 percent of the earnings of the account and any applicable
5 taxes, or the amount required by the Internal Revenue Code.
6 Earnings shall be calculated as the total value of the
7 participation agreement, less the aggregate contributions, or
8 in the manner prescribed in the Internal Revenue Code.
9 (5) MATERIAL MISREPRESENTATION; PENALTY.--If the
10 benefactor or the designated beneficiary makes any material
11 misrepresentation in the application for a participation
12 agreement or in any communication with the board regarding the
13 program, especially regarding the withdrawal or distribution
14 of funds therefrom, the account may be involuntarily
15 liquidated by the board. If the account is so liquidated, the
16 benefactor is entitled to a refund, subject to a 10-percent
17 penalty or the amount required by the Internal Revenue Code.
18 (6) CONFIDENTIALITY OF ACCOUNT
19 INFORMATION.--Information that identifies the benefactors or
20 the designated beneficiary of any account initiated under this
21 section and information regarding individual account
22 activities conducted through the savings program established
23 in this section are confidential and exempt from the
24 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
25 Constitution. However, the board may authorize the release of
26 such information to a community college, college, or
27 university in which a designated beneficiary may enroll or is
28 enrolled. Community colleges, colleges, and universities shall
29 maintain the confidentiality of such information. This
30 subsection is subject to the Open Government Sunset Review Act
31 of 1995 in accordance with s. 119.15, and shall stand repealed
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 on October 2, 2005, unless reviewed and saved from repeal
2 through reenactment by the Legislature.
3 (7) OBLIGATIONS OF BOARD.--Any contract or
4 participation agreement entered into by or any obligation of
5 the board on behalf of and for the benefit of the savings
6 program does not constitute a debt or obligation of the state
7 but is an obligation of the savings program. The state has no
8 obligation to any designated beneficiary or any other person
9 as a result of the savings program. The obligation of the
10 savings program is limited solely to those amounts deposited
11 in the savings fund. All amounts obligated to be paid from the
12 savings fund are limited to amounts available for such
13 obligation. The amounts on deposit in the savings program may
14 only be disbursed in accordance with the provisions of this
15 section.
16 (8) PROGRAM TERMINATION.--The savings program shall
17 continue in existence until its existence is terminated by
18 law. If the state determines that the savings program is
19 financially infeasible, the state may discontinue the savings
20 program. Upon termination of the savings program, all deposits
21 shall be returned to benefactors, to the extent possible, and
22 any unclaimed assets in the savings program may be transferred
23 to the Florida Prepaid Tuition Scholarship Program to provide
24 matching funds for prepaid tuition scholarships for
25 economically disadvantaged youths that remain drug free and
26 crime free.
27 (9) STATE PLEDGE.--The state pledges to benefactors
28 and designated beneficiaries of the savings program that the
29 state will not limit or alter the rights under this section
30 which are vested in the program until such obligations are met
31 and discharged. However, this subsection does not preclude
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 such limitation if adequate provision is made by law for the
2 protection of the benefactors and designated beneficiaries
3 pursuant to the obligations of the board, and, if the state or
4 the board determines that the savings program is not
5 financially feasible, the state or the board may discontinue
6 the program. If the program is discontinued, the board shall
7 refund to benefactors their contributions to the program, plus
8 any investment earnings or minus any investment losses. The
9 board, on behalf of the state, may include this pledge and
10 undertaking by the state in participation agreements.
11 Section 492. Section 1009.982, Florida Statutes, is
12 created to read:
13 1009.982 Disclaimer.--Nothing in ss. 1009.97-1009.984
14 shall be construed as a promise or guarantee that a qualified
15 beneficiary or a designated beneficiary will be admitted to a
16 state postsecondary institution or to a particular state
17 postsecondary institution, will be allowed to continue
18 enrollment at a state postsecondary institution after
19 admission, or will be graduated from a state postsecondary
20 institution.
21 Section 493. Section 1009.983, Florida Statutes, is
22 created to read:
23 1009.983 Direct-support organization; authority.--
24 (1) The Florida Prepaid College Board may establish a
25 direct-support organization which is:
26 (a) A Florida corporation, not for profit,
27 incorporated under the provisions of chapter 617 and approved
28 by the Secretary of State.
29 (b) Organized and operated exclusively to receive,
30 hold, invest, and administer property and to make expenditures
31 to or for the benefit of the board.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) An organization which the board, after review, has
2 certified to be operating in a manner consistent with the
3 goals of the board and in the best interests of the state.
4 Unless so certified, the organization may not use the name of
5 the prepaid program or savings program.
6 (2) The direct-support organization shall operate
7 under written contract with the board. The contract must
8 provide for:
9 (a) Approval of the articles of incorporation and
10 bylaws of the direct-support organization by the board.
11 (b) Submission of an annual budget for the approval of
12 the board. The budget must comply with rules adopted by the
13 board.
14 (c) Certification by the board that the direct-support
15 organization is complying with the terms of the contract and
16 in a manner consistent with the goals and purposes of the
17 board and in the best interest of the state. Such
18 certification must be made annually and reported in the
19 official minutes of a meeting of the board.
20 (d) The reversion to the board, or to the state if the
21 board ceases to exist, of moneys and property held in trust by
22 the direct-support organization for the benefit of the board
23 or prepaid program if the direct-support organization is no
24 longer approved to operate for the board or if the board
25 ceases to exist.
26 (e) The fiscal year of the direct-support
27 organization, which must begin July 1 of each year and end
28 June 30 of the following year.
29 (f) The disclosure of material provisions of the
30 contract and of the distinction between the board and the
31 direct-support organization to donors of gifts, contributions,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or bequests, and such disclosure on all promotional and
2 fundraising publications.
3 (3) The direct-support organization shall provide for
4 an annual financial audit in accordance with s. 215.981. The
5 board and Auditor General may require and receive from the
6 organization or its independent auditor any detail or
7 supplemental data relative to the operation of the
8 organization.
9 (4) The identity of donors who desire to remain
10 anonymous shall be confidential and exempt from the provisions
11 of s. 119.07(1) and s. 24(a), Art. I of the State
12 Constitution, and such anonymity shall be maintained in the
13 auditor's report. Information received by the organization
14 that is otherwise confidential or exempt by law shall retain
15 such status. Any sensitive, personal information regarding
16 contract beneficiaries, including their identities, is exempt
17 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
18 the State Constitution.
19 (5) The chair and the executive director of the board
20 shall be directors of the direct-support organization and
21 shall jointly name, at a minimum, three other individuals to
22 serve as directors of the organization.
23 (6) The board may authorize the direct-support
24 organization established in this section to use board
25 property, except money, and use facilities and personal
26 services subject to the provisions of this section. If the
27 direct-support organization does not provide equal employment
28 opportunities to all persons regardless of race, color,
29 religion, sex, age, or national origin, it may not use the
30 property, facilities, or personal services of the board. For
31 the purposes of this section, the term "personal services"
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 includes full-time personnel and part-time personnel as well
2 as payroll processing as prescribed by rule of the board. The
3 board shall adopt rules prescribing the procedures by which
4 the direct-support organization is governed and any conditions
5 with which such a direct-support organization must comply to
6 use property, facilities, or personal services of the board.
7 (7) The board may invest funds of the direct-support
8 organization which have been allocated for the purchase of
9 advance payment contracts for scholarships with receipts for
10 advance payment contracts.
11 Section 494. Section 1009.984, Florida Statutes, is
12 created to read:
13 1009.984 Florida Prepaid Tuition Scholarship
14 Program.--The Florida Prepaid Tuition Scholarship Program is
15 established to provide economically disadvantaged youth with
16 prepaid postsecondary tuition scholarships. The direct-support
17 organization established pursuant to s. 1009.983 shall
18 administer the program with the assistance and cooperation of
19 the Department of Education to:
20 (1) Provide an incentive for economically
21 disadvantaged youth to improve school attendance and academic
22 performance in order to graduate and pursue a postsecondary
23 education.
24 (2) Obtain the commitment and involvement of private
25 sector entities by virtue of funding matches with a ratio of
26 50 percent provided by the private sector and 50 percent
27 provided by the state.
28 (3) Purchase prepaid tuition scholarships for students
29 certified by the Department of Education to the direct-support
30 organization who meet minimum economic and school requirements
31 and remain drug free and crime free.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) For the purpose of this subsection, "drug free"
2 means not being convicted of, or adjudicated delinquent for,
3 any violation of chapter 893 after being designated a
4 recipient of a Florida prepaid tuition scholarship.
5 (b) For the purpose of this subsection, "crime free"
6 means not being convicted of, or adjudicated delinquent for,
7 any felony or first degree misdemeanor as defined in ss.
8 775.08 and 775.081 after being designated a recipient of a
9 Florida prepaid tuition scholarship.
10 Section 495. Part V of chapter 1009, Florida Statutes,
11 shall be entitled "Florida Higher Education Loan Authority"
12 and shall consist of ss. 1009.99-1009.9994.
13 Section 496. Section 1009.99, Florida Statutes, is
14 created to read:
15 1009.99 Short title.--Sections 1009.99-1009.9994 may
16 be cited as the "Florida Higher Education Loan Authority Act."
17 Section 497. Section 1009.991, Florida Statutes, is
18 created to read:
19 1009.991 Purpose.--It is the purpose of this act to
20 provide assistance and an additional method of financing the
21 cost of higher education to students and the families of
22 students attending institutions of higher education in this
23 state and to encourage investment of private capital to
24 provide funds for financing student loans.
25 Section 498. Section 1009.992, Florida Statutes, is
26 created to read:
27 1009.992 Definitions.--As used in this act:
28 (1) "Authority" means any public corporation created
29 by s. 1009.993 or any board, body, commission, department, or
30 officer of the county succeeding to the principal functions
31 thereof or to whom the powers conferred upon an authority by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 this act are given by this act.
2 (2) "Authority loan" means any loan by an authority to
3 an institution of higher education for the purpose of funding
4 education loans.
5 (3) "Bond" or "revenue bond" means any revenue bond of
6 an authority issued under the provisions of this act,
7 including any revenue-refunding bond, notwithstanding that the
8 bond may be secured by mortgage or the full faith and credit
9 of a participating institution of higher education or any
10 other lawfully pledged security of a participating institution
11 of higher education.
12 (4) "Bond resolution" means the resolution of an
13 authority and the trust agreement, if any, and any supplement
14 or amendment to the foregoing, authorizing the issuance of,
15 and providing for the terms and conditions applicable to,
16 obligations.
17 (5) "Bond service charge" means the principal
18 (including mandatory sinking fund requirements for retirement
19 of obligations) and interest, and redemption premium, if any,
20 required to be paid by an authority on obligations.
21 (6) "Borrower" means any student who has received an
22 education loan or any parent who has received or agreed to pay
23 an education loan.
24 (7) "Clerk" means the clerk of a commission or the
25 county officer charged with the duties customarily imposed
26 upon the clerk.
27 (8) "Commission" means a board of county commissioners
28 or other body charged with governing the county.
29 (9) "Default insurance" means insurance insuring
30 education loans, authority loans, or obligations against
31 default.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (10) "Default reserve fund" means a fund established
2 pursuant to a bond resolution for the purpose of securing
3 education loans, authority loans, or obligations.
4 (11) "Education loan" means a loan which is made by an
5 institution to a student or the parents of a student, or both,
6 in an amount not in excess of the maximum amount specified in
7 regulations to be formulated by the authority, in order to
8 finance all or any part of the cost of the student's
9 attendance at such institution.
10 (12) "Education loan series portfolio" means all
11 educational loans made by a specific institution which are
12 funded from the proceeds of an authority loan to such
13 institution out of the proceeds of a related specific issue of
14 obligations through the authority.
15 (13) "Institution" means any college or university
16 which, by virtue of law or charter, is accredited by and holds
17 membership in the Commission on Recognition of Postsecondary
18 Accreditation; which grants baccalaureate or associate
19 degrees; which is not a pervasively sectarian institution; and
20 which does not discriminate in the admission of students on
21 the basis of race, color, religion, sex, or creed.
22 (14) "Loan funding deposit" means moneys or other
23 property which is deposited by an institution with the
24 authority or a trustee for the purpose of:
25 (a) Providing security for obligations;
26 (b) Funding a default reserve fund;
27 (c) Acquiring default insurance; or
28 (d) Defraying costs of the authority, and
29
30 which shall be in such amounts as are deemed necessary by the
31 authority as a condition for participation by such institution
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in the program of the authority.
2 (15) "Obligation" means any revenue bond, note, or
3 other evidence of indebtedness of an authority, including any
4 interest coupon pertaining thereto, issued under this act,
5 including any refunding bond.
6 (16) "Parent" means any parent or guardian of a
7 student at an institution.
8 (17) "Participating institution" means an institution
9 of higher education which, pursuant to the provisions of this
10 act, undertakes the financing of an educational student loan
11 program or undertakes the refunding or refinancing of
12 obligations, a mortgage, or advances as provided in and
13 permitted by this act.
14 (18) "Person" means any person, firm, partnership,
15 association, corporation, or other body, public or private.
16 Section 499. Section 1009.993, Florida Statutes, is
17 created to read:
18 1009.993 Authority; creation, membership, terms of
19 members, expenses.--
20 (1) In each county there is created a public body
21 corporate and politic to be known as the ".... County
22 Education Loan Authority." Each such authority is constituted
23 as a public instrumentality, and its exercise of the powers
24 conferred by this act shall be deemed the performance of an
25 essential public function. No authority shall transact any
26 business or exercise any power pursuant to this act until the
27 commission by ordinance or resolution declares that there is a
28 need for an authority to function in such county.
29 (2) The commission may adopt such an ordinance or
30 resolution of need if it finds that the youth of the county
31 and state do not have the opportunity to attend institutions
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of higher learning located within the county because of their
2 inability to obtain financing for the cost of such education
3 and the inability of such institutions to provide adequate
4 financial aid to their students.
5 (3) In any suit, action, or proceeding involving the
6 validity or enforcement of or relating to any contract of the
7 authority, the authority shall be conclusively deemed to have
8 been established and authorized to transact business and
9 exercise its powers hereunder upon proof of the adoption of an
10 ordinance or resolution by the commission declaring the need
11 for the authority. Such ordinance or resolution shall be
12 sufficient if it declares that there is such a need for an
13 authority in the county. A copy of such ordinance or
14 resolution certified by the clerk shall be admissible in
15 evidence in any suit, action, or proceeding.
16 (4) The ordinance or resolution shall designate five
17 persons as members of the authority. The membership of the
18 authority shall include:
19 (a) A trustee, director, officer, or employee of an
20 institution located in such county.
21 (b) One lay citizen who does not derive a majority of
22 his or her income from education or an education-related
23 field.
24 (c) Two persons from the commercial financial
25 community in the county, each of whom has a favorable
26 reputation for skill, knowledge, and experience in the field
27 of state and municipal finance.
28 (d) One person from the commercial financial community
29 or educational community in the state who has a favorable
30 reputation for skill, knowledge, and experience in the field
31 of higher education loan finance.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) Of the members first appointed, one shall serve
2 for 1 year, one for 2 years, one for 3 years, one for 4 years,
3 and one for 5 years, in each case until his or her successor
4 is appointed and has qualified. Thereafter, the commission
5 shall appoint for terms of 5 years each members to succeed
6 those whose terms will expire. The commission shall fill any
7 vacancy for the unexpired portion of the term. Any member of
8 the authority may be reappointed. Any member of the authority
9 may be removed by the commission for misfeasance, malfeasance,
10 or willful neglect of duty. Before entering upon his or her
11 duties, each member of the authority shall take and subscribe
12 to the oath or affirmation required by the State Constitution.
13 A record of each such oath shall be filed with the Department
14 of State and with the clerk.
15 (6) The authority shall annually elect one of its
16 members as chair and one as vice chair and shall also appoint
17 an executive director who shall not be a member of the
18 authority and who shall serve at the pleasure of the authority
19 and receive such compensation as fixed by the authority.
20 (7) The executive director shall keep a record of the
21 proceedings of the authority and shall be custodian of all
22 books, documents, and papers filed with the authority; the
23 minute book or journal of the authority; and its official
24 seal. The director may have copies made of all minutes and
25 other records and documents of the authority and may give
26 certificates under the official seal of the authority to the
27 effect that such copies are true copies, and any person
28 dealing with the authority may rely upon any such certificate.
29 (8) Three members of the authority shall constitute a
30 quorum, and the affirmative vote of a majority of the members
31 present at a meeting shall be necessary for any action to be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 taken; however, any action may be taken by an authority with
2 the unanimous consent of all of the members. A vacancy in the
3 membership of the authority shall not impair the right of a
4 quorum to exercise the rights or perform the duties of the
5 authority. The majority shall not include any member who has a
6 conflict of interest, and a statement by a member of a
7 conflict of interest is conclusive for this purpose. Any
8 action taken by the authority under the provisions of this act
9 may be authorized by resolution at any regular or special
10 meeting. Each such resolution shall take effect immediately
11 and need not be published or posted.
12 (9) The members of the authority shall receive no
13 compensation for the performance of their duties, but each
14 member, when engaged in the performance of such duties, shall
15 be entitled to per diem and travel expenses as provided in s.
16 112.061.
17 (10) Notwithstanding any other law to the contrary, it
18 shall not be, nor shall it constitute, a conflict of interest
19 for a trustee, director, officer, or employee of an
20 institution to serve as a member of the authority.
21 Section 500. Section 1009.994, Florida Statutes, is
22 created to read:
23 1009.994 Functions and powers of authority.--Each
24 authority shall have the following functions and powers:
25 (1) To adopt rules for the regulation of its affairs
26 and the conduct of its business.
27 (2) To adopt an official seal.
28 (3) To maintain an office at a place it designates.
29 (4) To sue and be sued in its own name and to plead
30 and be impleaded.
31 (5) To establish rules for the use of education loan
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 financing programs and to designate a participating
2 institution as its agent to establish rules for the use of a
3 program undertaken by such participating institution.
4 (6) To issue obligations for the purpose of making
5 authority loans to participating institutions for the purpose
6 of providing education loans utilizing such eligibility
7 standards for borrowers as the authority determines to be
8 necessary, but such standards shall include the following:
9 (a) Each student shall have a certificate of admission
10 or enrollment at a participating institution;
11 (b) Each student or his or her parents shall satisfy
12 such financial qualifications as the authority shall
13 establish; and
14 (c) Each student and his or her parents shall submit
15 such information to the applicable institution as may be
16 required by the authority.
17 (7) To contract with financial institutions and other
18 qualified loan origination and servicing organizations, which
19 shall assist in prequalifying borrowers for education loans
20 and which shall service and administer each education loan and
21 the respective loan series portfolio of each institution, and
22 to establish sufficient fees for each educational loan to
23 cover the applicable pro rata cost of such servicing and
24 originating organizations.
25 (8) To establish criteria governing the eligibility of
26 institutions to participate in its programs, the making and
27 allocation of authority loans and education loans, provisions
28 for default, the establishment of default reserve funds, the
29 purchase of default insurance, the provision of prudent debt
30 service reserves, and the furnishing by participating
31 institutions of such additional guarantees of the education
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 loans, authority loans, or obligations as the authority shall
2 determine necessary to assure the marketability of the
3 obligations and the adequacy of the security therefor;
4 however, the provisions applicable to participation by Florida
5 public participating institutions in the financing programs of
6 the authority shall be subject to approval and authorization
7 by the budgetary and other state agencies having jurisdiction
8 over those institutions.
9 (9) To fix, revise, charge, and collect rates, fees,
10 and charges for services furnished by the authority and to
11 contract with any person in respect thereto, including any
12 financial institution, loan originator, servicer,
13 administrator, issuer of letters of credit, or insurer.
14 (10) To employ consultants, attorneys, accountants,
15 financial experts, loan processors, bankers, managers, and
16 such other employees and agents as may be necessary and to fix
17 their compensation.
18 (11) To receive and accept, from any source, loans,
19 contributions, or grants for or in aid of an authority
20 education loan financing program or any portion thereof and,
21 when required, to use such funds, property, or labor only for
22 the purposes for which it was loaned, contributed, or granted.
23 (12) To make authority loans to institutions and
24 require that the proceeds thereof be used solely for making
25 education loans or for costs and fees in connection therewith
26 and to require institutions to obtain certification from each
27 borrower that proceeds from any education loan are used solely
28 for the purpose intended by this act.
29 (13) To charge to and apportion among participating
30 institutions administrative and operating costs and expenses
31 incurred in the exercise of the powers and duties conferred by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 this act.
2 (14) To borrow working capital funds and other funds
3 as may be necessary for startup and continuing operations,
4 provided that such funds are borrowed solely in the name of
5 the authority. Such borrowings shall be limited obligations of
6 the character described in s. 1009.9975 and shall be payable
7 solely from revenues of the authority or proceeds of
8 obligations pledged for that purpose.
9 (15) Notwithstanding any other provisions of this act,
10 to commingle and pledge as security for a series or issue of
11 obligations, with the consent of all of the institutions which
12 are participating in such series or issue:
13 (a) The education loan series portfolios and some or
14 all future education loan series portfolios of such
15 institutions; and
16 (b) The loan funding deposits of such institutions,
17 except that education loan series portfolios and other
18 security and moneys set aside in any fund pledged for any
19 series or issue of obligations shall be held for the sole
20 benefit of such series or issue separate and apart from
21 education loan series portfolios and other security and moneys
22 pledged for any other series of issue of obligations of the
23 authority. Obligations may be issued in series under one or
24 more resolutions or trust agreements in the discretion of the
25 authority.
26 (16) To examine records and financial reports of
27 participating institutions and to examine records and
28 financial reports of any contractor organization or
29 institution retained by the authority under the provisions of
30 this act.
31 (17) To make loans to a participating institution to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 refund outstanding obligations, mortgages, or advances issued,
2 made, or given by such institution for authority loans; and
3 whenever such refunding obligations are issued to refund
4 obligations, the proceeds of which were used to make authority
5 loans, the authority may reduce the amount of interest owed to
6 it by the institution which had received authority loans from
7 the proceeds of the refunded obligations. Such institution
8 may use this reduced amount to reduce the amount of interest
9 being paid on education loans which the institution had made
10 pursuant to the authority loans from the proceeds of the
11 refunded obligations.
12 (18) To authorize its officers, agents, and employees
13 to take any other action which is necessary in order to carry
14 out the purposes of this act.
15 Section 501. Section 1009.995, Florida Statutes, is
16 created to read:
17 1009.995 Expenses of authority.--All expenses incurred
18 in carrying out the provisions of this act shall be payable
19 solely from funds provided under the provisions of this act;
20 and, except as specifically authorized under this act, no
21 liability shall be incurred by an authority beyond the extent
22 to which moneys have been provided under this act.
23 Section 502. Section 1009.996, Florida Statutes, is
24 created to read:
25 1009.996 Higher education facilities authority as
26 higher education loan authority.--As an alternative to the
27 creation of an authority, a commission may confer all rights,
28 powers, privileges, duties, and immunities of an authority
29 upon any entity in existence on July 1, 1982, which has been
30 authorized by law to function as a higher education facilities
31 authority pursuant to the provisions of chapter 243. Any such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 entity which has been vested with the rights, powers,
2 privileges, duties, and immunities of a higher education loan
3 authority shall be subject to all provisions and
4 responsibilities imposed by this act, notwithstanding any
5 provisions to the contrary in any law which established the
6 entity. Nothing in this act shall be construed to impair or
7 diminish any powers of any other entity in existence on July
8 1, 1982, or to repeal, modify, or amend any law establishing
9 such entity, except as specifically set forth herein.
10 Section 503. Section 1009.9965, Florida Statutes, is
11 created to read:
12 1009.9965 Moneys, endowments, properties; acquisition,
13 deposit, and guarantees.--Each authority is authorized to
14 establish specific guidelines relating to the deposits of
15 moneys, endowments, or properties by institutions which
16 moneys, endowments, or properties would provide prudent
17 security for education loan funding programs, authority loans,
18 education loans, or obligations; and it may establish
19 guidelines relating to guarantees of, or contracts to
20 purchase, education loans or obligations by such institutions,
21 financial institutions, or others. A default reserve fund may
22 be established for each series or issue of obligations. In
23 this regard, the authority is empowered to receive such
24 moneys, endowments, properties, and guarantees as it deems
25 appropriate and, if necessary, to take title in the name of
26 the authority or in the name of a participating institution or
27 a trustee, subject, however, to the limitations applicable to
28 public participating institutions set forth in s. 1009.994(8).
29 Section 504. Section 1009.997, Florida Statutes, is
30 created to read:
31 1009.997 Conveyance of loan funding deposit to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 participating institutions.--When the principal of and
2 interest on obligations of an authority issued to finance the
3 cost of an education loan financing program, including any
4 refunding obligations issued to refund and refinance such
5 obligations, have been fully paid and retired or when adequate
6 provision has been made to fully pay and retire the
7 obligations and all other conditions of the bond resolution
8 have been satisfied and the lien created by such bond
9 resolution has been released in accordance with the provisions
10 thereof, the authority shall promptly do such things and
11 execute such deeds and conveyances as are necessary to convey
12 any remaining moneys, properties, and other assets comprising
13 loan funding deposits to the institutions in proportion to the
14 amounts furnished by the respective institutions.
15 Section 505. Section 1009.9975, Florida Statutes, is
16 created to read:
17 1009.9975 Notes of authority.--An authority may issue
18 its negotiable notes for any corporate purpose and renew any
19 notes by the issuance of new notes, whether or not the notes
20 to be renewed have matured. The authority may issue notes
21 partly to renew notes or to discharge other obligations then
22 outstanding and partly for any other purpose. The notes may be
23 authorized, sold, executed, and delivered in the same manner
24 as bonds. Any resolution authorizing notes of the authority
25 or any issue thereof may contain any provisions which the
26 authority is authorized to include in any resolution
27 authorizing revenue bonds or any issue thereof, and the
28 authority may include in any notes any terms, covenants, or
29 conditions which it is authorized to include in any bonds.
30 All such notes shall be payable solely from the revenues of
31 the authority, subject only to any contractual rights of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 holders of any of its notes or other obligations then
2 outstanding.
3 Section 506. Section 1009.9976, Florida Statutes, is
4 created to read:
5 1009.9976 Issuance of obligations.--
6 (1) An authority may issue its negotiable revenue
7 obligations for any corporate purpose. In anticipation of the
8 sale of such obligations, the authority may issue negotiable
9 bond anticipation notes and may renew them, but the maximum
10 maturity of any such note, including renewals thereof, shall
11 not exceed 5 years from the date of issue of the original
12 note. Such notes shall be paid from revenues of the authority
13 available therefor and not otherwise pledged or from the
14 proceeds of sale of the revenue bonds of the authority in
15 anticipation of which they were issued. The notes shall be
16 issued in the same manner as the revenue bonds. Such notes and
17 the resolution authorizing them may contain any provisions,
18 conditions, or limitations which a bond resolution of the
19 authority may contain.
20 (2) Each issue of obligations shall be payable solely
21 out of those revenues of the authority that pertain to the
22 program relating to such issue, including principal and
23 interest on authority loans and education loans; payments by
24 institutions of higher education, banks, insurance companies,
25 or others pursuant to letters of credit or purchase
26 agreements; investment earnings from funds or accounts
27 maintained pursuant to the bond resolution; insurance
28 proceeds; loan funding deposits; proceeds of sales of
29 education loans; proceeds of refunding obligations; and fees,
30 charges, and other revenues of the authority from such
31 program, subject only to any agreements with the holders of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 particular revenue bonds or notes pledging any particular
2 reserves.
3 (3) The obligations may be issued as serial
4 obligations or as term obligations, or in both forms. The
5 obligations shall be authorized by a bond resolution of the
6 authority and shall bear such dates; mature at such times, not
7 to exceed the year following the last year in which the final
8 payments in an education loan series portfolio are due or 30
9 years, whichever is sooner, from their respective dates of
10 issue; bear interest at such rates; be payable at such times;
11 be in such denominations; be in such form, either coupon or
12 fully registered; carry such registration and conversion
13 privileges; be payable in lawful money of the United States of
14 America at such places; and be subject to such terms of
15 redemption as such bond resolution may provide. Obligations
16 shall be executed by the manual or facsimile signatures of
17 such officers of the authority as shall be designated by the
18 authority. Obligations may be sold at public or private sale
19 in such manner and for such price as the authority shall
20 determine. Pending preparation of the definitive bonds, the
21 authority may issue interim receipts or certificates which
22 shall be exchanged for such definitive bonds.
23 (4) Any bond resolution may contain provisions, which
24 shall be a part of the contract with the holders of the
25 obligations to be authorized, as to:
26 (a) The pledging or assigning of all or part of the
27 revenues derived from the authority loans and education loans
28 to secure the payment of the obligations to be issued.
29 (b) The fees and other amounts to be charged; the sums
30 to be raised in each year thereby; and the use, investment,
31 and disposition of such sums.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) The setting aside of loan funding deposits, debt
2 service reserves, capitalized interest accounts, cost of
3 insurance accounts, and sinking funds and the regulation,
4 investment, and disposition thereof.
5 (d) Limitations on the right of the authority or its
6 agent to restrict and regulate the use of education loans.
7 (e) Limitations on the purpose to which the proceeds
8 of sale of any issue of obligations then or thereafter to be
9 issued may be invested or applied.
10 (f) Limitations on the issuance of additional
11 obligations; the terms upon which additional obligations may
12 be issued and secured; the terms upon which additional
13 obligations may rank on a parity with, or be subordinate or
14 superior to, other obligations; and the refunding of
15 outstanding obligations.
16 (g) The procedure, if any, by which the terms of any
17 contract with bondholders may be amended or abrogated, the
18 amount of obligations the holders of which must consent
19 thereto, and the manner in which such consent may be given.
20 (h) Limitations on the amount of moneys derived from
21 the loan program to be expended for operating, administrative,
22 or other expenses of the authority.
23 (i) Defining the acts or omissions to act which
24 constitute a default in the duties of the authority to holders
25 of obligations and providing the rights or remedies of such
26 holders in the event of a default.
27 (j) Providing for guarantees, pledges or endowments,
28 letters of credit, property, or other security for the benefit
29 of the holders of such obligations.
30 (k) Any other matters relating to the obligations
31 which the authority deems desirable to include in the bond
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 resolution.
2 (5) Neither the members of the authority nor any
3 person executing the obligations shall be liable personally on
4 the obligations or be subject to any personal liability or
5 accountability by reason of the issuance thereof.
6 (6) The authority shall have power to purchase its
7 obligations out of any funds available therefor. The
8 authority may hold, pledge, cancel, or resell such obligations
9 subject to and in accordance with agreements with bondholders.
10 (7) The authority shall have the power to refund any
11 of its obligations. Such refunding obligations shall be
12 issued in the same manner as other obligations of the
13 authority.
14 Section 507. Section 1009.9977, Florida Statutes, is
15 created to read:
16 1009.9977 Trust agreement to secure obligations.--In
17 the discretion of the authority, any obligations issued under
18 the provisions of this act may be secured by a trust agreement
19 by and between the authority and a corporate trustee, which
20 may be any trust company or bank having the powers of a trust
21 company within or without the state. The trust agreement may
22 pledge or assign the revenues to be received by the authority;
23 may contain such provisions for protecting and enforcing the
24 rights and remedies of the bondholders as may be reasonable
25 and proper and not in violation of law, particularly including
26 such provisions as have hereinabove been specifically
27 authorized to be included in any bond resolution of the
28 authority; and may restrict individual rights of action by
29 bondholders. Any bank or trust company incorporated under the
30 laws of this state which may act as depository of the proceeds
31 of bonds or of revenues or other moneys may furnish such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 indemnifying bonds or pledge such securities as may be
2 required by the authority. Any such trust agreement may set
3 forth the rights and remedies of the bondholders and of the
4 trustee. In addition, any trust agreement may contain such
5 other provisions as the authority may deem reasonable and
6 proper for the security of the bondholders. All expenses
7 incurred in carrying out the provisions of the trust agreement
8 may be treated as part of the cost of the operation of an
9 education loan program.
10 Section 508. Section 1009.9978, Florida Statutes, is
11 created to read:
12 1009.9978 Payment of obligations.--Obligations issued
13 under the provisions of this act shall not be deemed to
14 constitute a debt or liability of the state or the county or a
15 pledge of the faith and credit of the state or any county, but
16 such obligations shall be payable solely from the funds herein
17 provided therefor from revenues. Each such obligation shall
18 contain on its face a statement to the effect that neither the
19 county nor the authority shall be obligated to pay the same or
20 the interest thereon except from revenues of the loan program
21 for which it is issued and that neither the faith and credit
22 nor the taxing power of the state or of any political
23 subdivision thereof is pledged to the payment of the principal
24 of or the interest on such bonds. The issuance of obligations
25 under the provisions of this act shall not directly,
26 indirectly, or contingently obligate the state or any
27 political subdivision thereof to levy or pledge any form of
28 taxation whatever therefor or to make any appropriation for
29 their payment.
30 Section 509. Section 1009.9979, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1009.9979 Pledge of revenues.--Each authority shall
2 fix, revise, charge, and collect fees, and it is empowered to
3 contract with any person in respect thereof. Each agreement
4 entered into by the authority with an institution shall
5 provide that the fees and other amounts payable by the
6 institution of higher education with respect to any program of
7 the authority shall be sufficient at all times to:
8 (1) Pay the institution's share of the administrative
9 costs and expenses of such program;
10 (2) Pay the principal of, the premium, if any, on, and
11 the interest on outstanding obligations of the authority which
12 have been issued in respect of such program to the extent that
13 other revenues of the authority pledged for the payment of the
14 obligations are insufficient to pay the obligations as they
15 become due and payable;
16 (3) Create and maintain reserves which may, but need
17 not, be required or provided for in the bond resolution
18 relating to such obligations of the authority; and
19 (4) Establish and maintain whatever education loan
20 servicing, control, or audit procedures are deemed necessary
21 to the prudent operations of the authority.
22
23 The authority shall pledge the revenues from each program as
24 security for the issue of obligations relating to such
25 program. Such pledge shall be valid and binding from the time
26 the pledge is made; the revenues so pledged by the authority
27 shall immediately be subject to the lien of such pledge
28 without any physical delivery thereof or further act, and the
29 lien of any such pledge shall be valid and binding against all
30 parties having claims of any kind in tort, in contract, or
31 otherwise against the authority or any participating
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 institution, irrespective of whether such parties have notice
2 thereof.
3 Section 510. Section 1009.998, Florida Statutes, is
4 created to read:
5 1009.998 Funds as trust funds.--All moneys received by
6 or on behalf of an authority pursuant to this act, whether as
7 proceeds from the sale of obligations or as revenues, shall be
8 deemed to be trust funds to be held and applied solely as
9 provided in this act. Any officer with whom, or any bank or
10 trust company with which, such moneys are deposited shall act
11 as trustee of such moneys and shall hold and apply the same
12 for the purposes of this act, subject to such regulations as
13 this act and the bond resolution authorizing the issue of any
14 obligations may provide.
15 Section 511. Section 1009.9981, Florida Statutes, is
16 created to read:
17 1009.9981 Obligations; qualities of investment
18 securities.--All obligations issued under the provisions of
19 this act, regardless of form or terms, shall have all the
20 qualities and incidents, including negotiability, of
21 investment securities under the Uniform Commercial Code.
22 Compliance with the provisions of such code respecting the
23 filing of a financing statement to perfect a security interest
24 is not necessary for perfecting any security interest granted
25 by an authority.
26 Section 512. Section 1009.9982, Florida Statutes, is
27 created to read:
28 1009.9982 Rights of holders of obligations.--Any
29 holder of obligations issued pursuant to this act or a trustee
30 under a trust agreement entered into pursuant to this act,
31 except to the extent that the rights herein given may be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 restricted by any bond resolution or trust agreement, may, by
2 any suitable form of legal proceedings:
3 (1) Protect and enforce any and all rights under the
4 laws of this state or granted hereunder or by the bond
5 resolution or trust agreement;
6 (2) Enjoin unlawful activities; and
7 (3) In the event of default with respect to the
8 payment of any principal of, premiums, if any, on, and
9 interest on any obligation or in the performance of any
10 covenant or agreement on the part of the authority in the bond
11 resolution, apply to the circuit court to appoint a receiver
12 to administer and operate the education loan program or
13 programs, the revenues of which are pledged to the payment of
14 principal of, premium, if any, on, and interest on such
15 obligations, with full power to pay, and to provide for
16 payment of, principal of, premium, if any, on, and interest on
17 such obligations and with such powers, subject to the
18 direction of the court, as are permitted by law and are
19 accorded receivers, excluding any power to pledge additional
20 revenues of the authority to the payment of such principal,
21 premium, and interest.
22 Section 513. Section 1009.9983, Florida Statutes, is
23 created to read:
24 1009.9983 Refunding obligations; purpose, proceeds;
25 investment of proceeds.--
26 (1) An authority may provide for the issuance of
27 obligations for the purpose of refunding any of its
28 obligations then outstanding, including the payment of any
29 redemption premium thereon and any interest accrued or to
30 accrue to the earliest or any subsequent date of redemption,
31 purchase, or maturity of such obligations.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) The proceeds of any such obligations issued for
2 the purpose of refunding outstanding obligations may, in the
3 discretion of the authority, be applied to the purchase or
4 retirement at maturity or redemption of such outstanding
5 obligations either on their earliest or any subsequent
6 redemption date or upon the purchase or at the maturity
7 thereof and may, pending such application, be placed in escrow
8 to be applied to such purchase or retirement at maturity or
9 redemption on such date as may be determined by the authority.
10 (3) Any such escrowed proceeds, pending such use, may
11 be invested and reinvested in direct obligations of the United
12 States of America or in certificates of deposit or time
13 deposits of financial institutions secured as to principal by
14 such direct obligations, which direct obligations,
15 certificates of deposit, or time deposits mature at such time
16 as shall be appropriate to assure the prompt payment, as to
17 principal, interest, and redemption premium, if any, of the
18 outstanding obligations to be so refunded. The interest,
19 income, and profits, if any, earned or realized on any such
20 investment may also be applied to the payment of the
21 outstanding obligations to be so refunded. After the terms of
22 the escrow have been fully satisfied and carried out, any
23 balance of such proceeds and interest, income, and profits, if
24 any, earned or realized on the investments thereof shall be
25 returned to the authority for use in any lawful manner.
26 (4) All such refunding bonds shall be subject to this
27 act in the same manner and to the same extent as other revenue
28 bonds issued pursuant to this act.
29 Section 514. Section 1009.9984, Florida Statutes, is
30 created to read:
31 1009.9984 Investment of funds of authority.--Except as
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 otherwise provided in s. 1009.9983(3), an authority may invest
2 any funds in:
3 (1) Direct obligations of the United States of
4 America;
5 (2) Obligations as to which the timely payment of
6 principal and interest is fully guaranteed by the United
7 States of America;
8 (3) Obligations of the Federal Intermediate Credit
9 Banks, Federal Banks for Cooperatives, Federal Land Banks,
10 Federal Home Loan Banks, Federal National Mortgage
11 Association, Government National Mortgage Association, and
12 Student Loan Marketing Association;
13 (4) Certificates of deposit or time deposits
14 constituting direct obligations of any financial institution
15 as defined by the financial institutions codes, as now or
16 hereafter amended, except that investments may be made only in
17 those certificates of deposit or time deposits in financial
18 institutions which are insured by the appropriate federal
19 regulatory agency as defined in s. 655.005; and
20 (5) Withdrawable capital accounts or deposits of state
21 or federally chartered savings and loan associations which are
22 insured by an agency of the Federal Government. Any such
23 securities may be purchased at the offering or market price
24 thereof at the time of such purchase. All such securities so
25 purchased shall mature or be redeemable on a date prior to the
26 time when, in the judgment of the authority, the funds so
27 invested will be required for expenditure. The express
28 judgment of the authority as to the time when any funds will
29 be required for expenditure or be redeemable is final and
30 conclusive.
31 Section 515. Section 1009.9985, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1009.9985 Obligations as legal investments.--Any bank,
3 banker, trust company, savings bank or institution, building
4 and loan association, savings and loan association, investment
5 company, or other person carrying on a banking business or
6 investment business; insurance company or insurance
7 association; executor, administrator, guardian, trustee, or
8 other fiduciary; or public officer or public body of the state
9 or its political subdivisions may legally invest any sinking
10 funds, moneys, or other funds belonging to it or within its
11 control in any obligations issued pursuant to this act.
12 Section 516. Section 1009.9986, Florida Statutes, is
13 created to read:
14 1009.9986 Validation of bonds and proceedings.--A
15 higher education loan authority shall determine its authority
16 to issue any of its bonds, and the legality of all proceedings
17 in connection therewith, as provided in chapter 75.
18 Section 517. Section 1009.9987, Florida Statutes, is
19 created to read:
20 1009.9987 Actions to contest validity of bonds.--An
21 action or proceeding to contest the validity of any bond
22 issued under this act, other than a proceeding pursuant to s.
23 1009.9986, shall be commenced within 30 days after
24 notification, in a newspaper of general circulation within the
25 area, of the passage by the authority of the resolution
26 authorizing the issuance of such bond.
27 Section 518. Section 1009.9988, Florida Statutes, is
28 created to read:
29 1009.9988 Annual report.--Each authority shall keep an
30 accurate account of all of its activities and shall annually
31 provide a report thereof to the commission and to the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Commissioner of Education. Such report shall be a public
2 record and open for inspection at the offices of the authority
3 during normal business hours. The report shall include:
4 (1) Summaries of all applications by institutions of
5 higher education for education loan financing assistance
6 presented to the authority during such fiscal year;
7 (2) Summaries of all education loan programs which
8 have received any form of financial assistance from the
9 authority during such year;
10 (3) The nature and amount of all education loan
11 financing assistance;
12 (4) A report concerning the financial condition of the
13 various education loan series portfolios; and
14 (5) Projected activities of the authority for the next
15 fiscal year, including projections of the total amount of
16 financial assistance anticipated and the amount of obligations
17 that will be necessary to provide the projected level of
18 assistance during the next fiscal year.
19 Section 519. Section 1009.9989, Florida Statutes, is
20 created to read:
21 1009.9989 Act as alternative method.--This act shall
22 be deemed to provide a complete, additional, and alternative
23 method for the doing of the things authorized hereby and shall
24 be regarded as supplemental and additional to powers or rights
25 conferred by other laws; however, the issuance of obligations
26 and refunding obligations under this act need not comply with
27 the requirements of any other law applicable to the issuance
28 of obligations. Except as otherwise expressly provided in
29 this act, none of the powers granted to an authority under
30 this act shall be subject to the supervision or regulation, or
31 require the approval or consent, of any municipality or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 political subdivision or any department, division, commission,
2 board, body, bureau, official, or agency thereof or of the
3 state.
4 Section 520. Section 1009.9990, Florida Statutes, is
5 created to read:
6 1009.9990 State agreement.--The state does hereby
7 pledge to and agree with the holders of any obligations issued
8 under this act, and with those parties who may enter into
9 contracts with an authority pursuant to the provisions of this
10 act, that the state will not limit or alter the rights hereby
11 vested in the authority until such obligations, together with
12 the interest thereon, are fully met and discharged and such
13 contracts are fully performed on the part of the authority;
14 however, nothing herein contained shall preclude such
15 limitation or alteration if adequate provision is made by law
16 for the protection of the holders of such obligations of an
17 authority or those entering into such contracts with an
18 authority. An authority is authorized to include this pledge
19 and undertaking for the state in such obligations or
20 contracts.
21 Section 521. Section 1009.9991, Florida Statutes, is
22 created to read:
23 1009.9991 Conflicts of interest.--
24 (1) If any member, officer, or employee of an
25 authority has an interest, either direct or indirect, in any
26 contract to which the authority is, or is to be, a party or in
27 any institution requesting an authority loan from the
28 authority, such interest shall be disclosed to the authority
29 in writing and shall be set forth in the minutes of the
30 authority. The person having such interest shall not
31 participate in any action by the authority with respect to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 such contract or such institution.
2 (2) Nothing in this section shall be construed to
3 limit the right of any member, officer, or employee of an
4 authority to acquire an interest in bonds of the authority or
5 to have an interest in any banking institution in which the
6 bonds of the authority are, or are to be, deposited or which
7 is, or is to be, acting as trustee or paying agent under any
8 bond resolution, trust indenture, or similar instrument to
9 which the authority is a party.
10 Section 522. Section 1009.9992, Florida Statutes, is
11 created to read:
12 1009.9992 Liberal construction.--This act, being
13 necessary for the welfare of the state and its inhabitants,
14 shall be liberally construed to effect its purpose.
15 Section 523. Section 1009.9993, Florida Statutes, is
16 created to read:
17 1009.9993 Tax exemption.--Neither an authority nor its
18 agent or trustee shall be required to pay any taxes or
19 assessments upon any transactions, or any property acquired or
20 used by the authority or its agents or trustees under the
21 provisions of this act or upon the income therefrom. Any
22 bonds, notes, or other obligations issued under the provisions
23 of this act and their transfer and the income therefrom,
24 including any profit made on the sale thereof, shall at all
25 times be exempt from taxation of any kind by the state or any
26 of its political subdivisions. The exemption granted by this
27 section shall not be applicable to any tax imposed by chapter
28 220 on interest, income, or profits on debt obligations owned
29 by corporations.
30 Section 524. Section 1009.9994, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1009.9994 State Board of Administration authority to
2 borrow and lend funds to finance student loans; conditions and
3 limitations.--
4 (1) The State of Florida, acting through the State
5 Board of Administration, is authorized to borrow funds to
6 finance student loans and to lend such funds to eligible
7 lenders described under the provisions of the Higher Education
8 Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may
9 be amended, or other federal laws providing for the guarantee
10 of loans to students and the partial payment of interest on
11 such loans by the United States Government.
12 (2) In order to obtain such funds, the State of
13 Florida, acting through the State Board of Administration, is
14 authorized to enter into loan agreements and interlocal
15 agreements with any county, municipality, special district, or
16 other local governmental body. Such agreements shall be for
17 such periods and under such terms and conditions as may be
18 mutually agreed upon by the parties thereto in order to carry
19 out the purposes of s. 15, Art. VII of the State Constitution.
20 The loans shall be repaid only from the proceeds received
21 under loan agreements with eligible lenders or from the
22 proceeds received from the repayment of the student loans.
23 Such agreements shall provide that the loans to the state will
24 not constitute a general or moral obligation or a pledge of
25 the faith and credit or the taxing power of the state.
26 (3) The State of Florida, acting through the State
27 Board of Administration, is further authorized to enter into
28 loan agreements or other contracts under which the state will
29 loan the funds obtained from the local governments to eligible
30 lenders as defined in s. 435(g)(1)(D) of the Higher Education
31 Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be amended, or other federal laws providing for the guarantee
2 of loans to students and the partial payment of interest on
3 such loans by the United States Government. Such agreements
4 or contracts shall be for such periods and under such terms
5 and conditions as may be mutually agreed upon by the parties
6 thereto in order to carry out the purposes of s. 15, Art. VII
7 of the State Constitution. Higher Education Loan Program of
8 Florida, Inc., a Florida nonprofit corporation, is hereby
9 designated an eligible lender hereunder, and any other lender,
10 to the extent permitted under s. 435(g)(1)(D) of the Higher
11 Education Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended
12 or as may be amended, or other federal laws providing for the
13 guarantee of loans to students and the partial payment of
14 interest on such loans by the United States Government, may be
15 designated by the Governor, with the concurrence of the State
16 Board of Administration, as an eligible lender hereunder.
17 (4) The State of Florida, acting through the State
18 Board of Administration, is further authorized to enter into
19 such further contracts and to take such further actions as may
20 be necessary or convenient in order to carry out the purposes
21 of this section.
22 (5) Notice shall be published in a newspaper of
23 general circulation within the territorial jurisdiction of the
24 governmental body following adoption by the local governmental
25 body of a resolution authorizing a loan agreement or
26 interlocal agreement under this section. An action or
27 proceeding to contest the validity of any such loan agreement
28 or interlocal agreement must be commenced within 30 days after
29 publication of such notice.
30 (6) The provisions of this section shall be liberally
31 construed in order to effectively carry out its purposes.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 This section shall be deemed to provide an additional and
2 alternative method for the doing of the things authorized
3 hereby and shall be regarded as supplemental to powers
4 conferred by other laws, and shall not be regarded as in
5 derogation of any powers now existing.
6 Section 525. Contingent upon ss. 1011.41 and
7 1011.4106, Florida Statutes, which transfer funding associated
8 with student tuition and fees and other authorized fees for
9 services to local accounts to be managed by university boards
10 of trustees, becoming law, the total receipts of the state
11 which are subject to the revenue limitations of Article VII,
12 Section 1(e) of the Florida Constitution shall be reduced by
13 the Revenue Estimation Conference to reflect this transfer.
14 Section 526. Chapter 1010, Florida Statutes, shall be
15 entitled "Financial Matters" and shall consist of ss.
16 1010.01-1010.86.
17 Section 527. Part I of chapter 1010, Florida Statutes,
18 shall be entitled "General Accounting Requirements" and shall
19 consist of ss. 1010.01-1010.11.
20 Section 528. Section 1010.01, Florida Statutes, is
21 created to read:
22 1010.01 Uniform records and accounts.--
23 (1) The financial records and accounts of each school
24 district, community college, university, and other institution
25 or agency under the supervision of the State Board of
26 Education shall be prepared and maintained as prescribed by
27 law and rules of the State Board of Education.
28 (2) Rules of the State Board of Education shall
29 incorporate the requirements of law and the appropriate
30 requirements of the Governmental Accounting Standards Board
31 (GASB) for State and Local Government.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) Required financial accounts and reports shall
2 include provisions that are unique to each of the following:
3 K-12 school districts, community colleges, and state
4 universities, and shall provide for the data to be reported to
5 the National Center of Educational Statistics and other
6 governmental and professional educational data information
7 services as appropriate.
8 Section 529. Section 1010.011, Florida Statutes, is
9 created to read:
10 1010.011 Definition.--For purposes of chapters 1010
11 and 1011, the following terms: university, universities, and
12 university board of trustees include New College under the
13 supervision of the State Board of Education.
14 Section 530. Section 1010.02, Florida Statutes, is
15 created to read:
16 1010.02 Financial accounting and expenditures.--All
17 funds accruing to a school district, a community college, or a
18 university must be received, accounted for, and expended in
19 accordance with law and rules of the State Board of Education.
20 Section 531. Section 1010.03, Florida Statutes, is
21 created to read:
22 1010.03 Delinquent accounts.--District school boards,
23 community college boards of trustees, and university boards of
24 trustees:
25 (1) Shall exert every effort to collect all delinquent
26 accounts.
27 (2) May charge off or settle such accounts as may
28 prove uncollectible.
29 (3) May employ the services of a collection agency
30 when deemed advisable in collecting delinquent accounts.
31 (4) May adopt rules, as necessary, to implement the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provisions of this section, including setoff procedures,
2 payroll deductions, and restrictions on release of
3 transcripts, awarding of diplomas, and access to other
4 resources and services of the school district, community
5 college, or university.
6 Section 532. Section 1010.04, Florida Statutes, is
7 created to read:
8 1010.04 Purchasing.--
9 (1) Purchases and leases by school districts,
10 community colleges, and universities shall comply with the
11 requirements of law and rules of the State Board of Education.
12 (2) Each district school board, community college
13 board of trustees, and each university board of trustees shall
14 adopt rules to be followed in making purchases.
15 (3) In districts in which the county purchasing agent
16 is authorized by law to make purchases for the benefit of
17 other governmental agencies within the county, the district
18 school board and community college board of trustees shall
19 have the option to purchase from the current county contracts
20 at the unit price stated therein if such purchase is to the
21 economic advantage of the district school board or the
22 community college board of trustees; subject to confirmation
23 of the items of purchase to the standards and specifications
24 prescribed by the school district or community college.
25 (4) The State Board of Education may, by rule, provide
26 for alternative procedures for bidding or purchasing in cases
27 in which the character of the item requested renders
28 competitive bidding impractical.
29 Section 533. Section 1010.05, Florida Statutes, is
30 created to read:
31 1010.05 Federal grants; maximization of indirect cost
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 allowance.--The Department of Education shall maximize the
2 available federal indirect cost allowed on all federal grants.
3 Beginning with the 2002-2003 fiscal year, none of the funds
4 received from indirect cost allowance shall be expended by the
5 department without specific appropriation by the Legislature.
6 Funds received pursuant to s. 1004.22 are specifically exempt
7 from this provision.
8 Section 534. Section 1010.07, Florida Statutes, is
9 created to read:
10 1010.07 Bonds or insurance required.--
11 (1) Each district school board, community college
12 board of trustees, and university board of trustees shall
13 ensure that each official and employee responsible for
14 handling, expending, or authorizing the expenditure of funds
15 shall be appropriately bonded or insured to protect the board
16 and the funds involved.
17 (2) Contractors paid from school district, community
18 college, or university funds shall give bond for the faithful
19 performance of their contracts in such amount and for such
20 purposes as prescribed by s. 255.05 or by rules of the State
21 Board of Education relating to the type of contract involved.
22 It shall be the duty of the district school board, community
23 college board of trustees, and university board of trustees to
24 require construction contractors a bond adequate to protect
25 the board and the board's funds involved.
26 Section 535. Section 1010.08, Florida Statutes, is
27 created to read:
28 1010.08 Promotion and public relations; funding.--Each
29 district school board and community college board of trustees
30 may budget and use a portion of the funds accruing to it from
31 auxiliary enterprises and undesignated gifts for promotion and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 public relations as prescribed by rules of the State Board of
2 Education. Such funds may be used to provide hospitality to
3 business guests in the district or elsewhere. However, such
4 hospitality expenses may not exceed the amount authorized for
5 such contingency funds as prescribed by rules of the State
6 Board of Education.
7 Section 536. Section 1010.09, Florida Statutes, is
8 created to read:
9 1010.09 Direct-support organizations.--School
10 district, community college, and university direct-support
11 organizations shall be organized and conducted under the
12 provisions of ss. 1004.28, 1004.70, 1013.77 and rules of the
13 State Board of Education, as applicable.
14 Section 537. Section 1010.11, Florida Statutes, is
15 created to read:
16 1010.11 Electronic transfer of funds.--Pursuant to the
17 provisions of s. 215.85, each district school board, community
18 college board of trustees, and university board of trustees
19 shall adopt written policies prescribing the accounting and
20 control procedures under which any funds under their control
21 are allowed to be moved by electronic transaction for any
22 purpose including direct deposit, wire transfer, withdrawal,
23 or investment. Electronic transactions shall comply with the
24 provisions of chapter 668.
25 Section 538. Part II of chapter 1010, Florida
26 Statutes, shall be entitled "Financial Reporting" and shall
27 consist of ss. 1010.20-1010.24.
28 Section 539. Section 1010.20, Florida Statutes, is
29 created to read:
30 1010.20 Cost accounting and reporting for school
31 districts.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) COST ACCOUNTING.--Each school district shall
2 account for expenditures of all state, local, and federal
3 funds on a school-by-school and a district-aggregate basis in
4 accordance with the manual developed by the Department of
5 Education or as provided by law.
6 (2) COST REPORTING.--
7 (a) Each district shall report on a district-aggregate
8 basis expenditures for inservice training pursuant to s.
9 1011.62(3) and for categorical programs as provided in s.
10 1011.62(5).
11 (b) Each district shall report on a school-by-school
12 and on an aggregate district basis expenditures for each
13 program funded in s. 1011.62(1)(c).
14 (c) The Commissioner of Education shall present to the
15 Legislature, prior to the opening of the regular session each
16 year, a district-by-district report of the expenditures
17 reported pursuant to paragraphs (a) and (b). The report shall
18 include total expenditures, a detailed analysis showing
19 expenditures for each program, and such other data as may be
20 useful for management of the education system. The
21 Commissioner of Education shall also compute cost factors
22 relative to the base student allocation for each funded
23 program in s. 1011.62(1)(c).
24 (3) PROGRAM EXPENDITURE REQUIREMENTS.--
25 (a) Each district shall expend at least the percent of
26 the funds generated by each of the programs listed in this
27 section on the aggregate total school costs for such programs:
28 1. Kindergarten and grades 1, 2, and 3, 90 percent.
29 2. Grades 4, 5, 6, 7, and 8, 80 percent.
30 3. Grades 9, 10, 11, and 12, 80 percent.
31 4. Programs for exceptional students, on an aggregate
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 program basis, 90 percent.
2 5. Grades 7 through 12 career and technical education
3 programs, on an aggregate program basis, 80 percent.
4 6. Students-at-risk programs, on an aggregate program
5 basis, 80 percent.
6 7. Juvenile justice programs, on an aggregate program
7 basis, 80 percent.
8 8. Any new program established and funded under s.
9 1011.62(1)(c), that is not included under subparagraphs 1.-6.,
10 on an aggregate basis as appropriate, 80 percent.
11 (b) Funds for inservice training established in s.
12 1011.62(3) and for categorical programs established in s.
13 1011.62(5) shall be expended for the costs of the identified
14 programs as provided by law and in accordance with the rules
15 of the State Board of Education.
16 Section 540. Section 1010.21, Florida Statutes, is
17 created to read:
18 1010.21 Indirect costs.--District school boards shall
19 assess district indirect costs only for services received by
20 the program or institution against which such cost is
21 assessed. When assigning each specific indirect cost to
22 multiple programs or institutions, district school boards
23 shall identify one basis for the assessment of such cost and
24 shall maintain the same basis for assigning such cost to each
25 program or institution.
26 Section 541. Section 1010.215, Florida Statutes, is
27 created to read:
28 1010.215 Educational funding accountability.--
29 (1) As used in this section, the term:
30 (a) "Administrative personnel" means those employees
31 responsible for management functions such as the development
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of broad policies and implementation of those policies through
2 the direction of personnel.
3 (b) "Educational support personnel" means
4 district-based and school-based employees, including
5 professional staff, technicians, secretaries, clerks, skilled
6 workers, transportation employees, food service employees, and
7 custodial and maintenance workers.
8 (c) "Instructional personnel" means classroom
9 teachers, including substitute teachers.
10 (d) "Instructional specialists" means staff members
11 responsible for providing student personnel services,
12 librarians, and media specialists.
13 (e) "Instructional support personnel" means aides or
14 assistants to instructional personnel or instructional
15 specialists.
16 (f) "Managers" means instructional and
17 noninstructional employees with some managerial and
18 supervisory functions, although primarily responsible for
19 general operations. This category includes only
20 district-based employees.
21 (2) Each district school board must classify each
22 employee of the district school board into one of the
23 following categories:
24 (a) Instructional personnel;
25 (b) Instructional specialists;
26 (c) Instructional support personnel;
27 (d) Administrative personnel;
28 (e) Managers; or
29 (f) Educational support personnel.
30
31 The district school board shall notify each employee of such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 classification.
2 (3)(a) The school public accountability report to
3 parents must include the number of employees in each of the
4 categories listed in subsection (2), by work location.
5 However, this does not include the number of temporary
6 substitute employees.
7 (b) Any teacher-to-student ratio or class size measure
8 required by law or State Board of Education rule must be
9 computed by dividing the number of students in membership at
10 the school by the number of full-time equivalent instructional
11 personnel pursuant to paragraph (2)(a). Class size reports for
12 exceptional student education shall be computed by dividing
13 the number of exceptional students in membership by the number
14 of full-time equivalent exceptional education classroom
15 teachers who are classified as instructional personnel
16 pursuant to paragraph (2)(a).
17 (4)(a) All expenditures within the general and special
18 revenue funds for each district school board, including
19 salaries, benefits, purchased services, energy services,
20 materials and supplies, capital outlay, and miscellaneous
21 expenditures, for the following purposes are classified as
22 administrative expenditures:
23 1. District school board.
24 2. General administration.
25 3. School administration, excluding support
26 expenditures.
27 4. Facilities acquisition and construction at the
28 district level.
29 5. Fiscal services.
30 6. Central services at the district level.
31 (b) All expenditures within the general and special
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 revenue funds for each district school board, including
2 salaries, benefits, purchased services, energy services,
3 materials and supplies, capital outlay, and miscellaneous
4 expenditures, for the following purposes are classified as
5 instructional expenditures:
6 1. Instruction.
7 2. Instructional support services, including student
8 personnel services, instructional media services, instruction
9 and curriculum development, and instructional staff training
10 services.
11 3. School administration, including support
12 expenditures.
13 4. Facilities acquisition and construction at the
14 school level.
15 5. Food services.
16 6. Central services at the school level.
17 7. Student transportation services.
18 8. Operation of plant.
19 9. Maintenance of plant.
20
21 Definitions for the functions specified in this subsection are
22 specified in State Board of Education rules.
23 (5) The annual school public accountability report
24 required by ss. 1001.42(16) and 1008.345 must include a school
25 financial report. The purpose of the school financial report
26 is to better inform parents and the public concerning how
27 revenues were spent to operate the school during the prior
28 fiscal year. Each school's financial report must follow a
29 uniform, districtwide format that is easy to read and
30 understand.
31 (a) Total revenue must be reported at the school,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district, and state levels. The revenue sources that must be
2 addressed are state and local funds, other than lottery funds;
3 lottery funds; federal funds; and private donations.
4 (b) Expenditures must be reported as the total
5 expenditures per unweighted full-time equivalent student at
6 the school level and the average expenditures per full-time
7 equivalent student at the district and state levels in each of
8 the following categories and subcategories:
9 1. Teachers, excluding substitute teachers, and
10 education paraprofessionals who provide direct classroom
11 instruction to students enrolled in programs classified by s.
12 1011.62 as:
13 a. Basic programs;
14 b. Students-at-risk programs;
15 c. Special programs for exceptional students;
16 d. Career education programs; and
17 e. Adult programs.
18 2. Substitute teachers.
19 3. Other instructional personnel, including
20 school-based instructional specialists and their assistants.
21 4. Contracted instructional services, including
22 training for instructional staff and other contracted
23 instructional services.
24 5. School administration, including school-based
25 administrative personnel and school-based education support
26 personnel.
27 6. The following materials, supplies, and operating
28 capital outlay:
29 a. Textbooks;
30 b. Computer hardware and software;
31 c. Other instructional materials;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 d. Other materials and supplies; and
2 e. Library media materials.
3 7. Food services.
4 8. Other support services.
5 9. Operation and maintenance of the school plant.
6 (c) The school financial report must also identify the
7 types of district-level expenditures that support the school's
8 operations. The total amount of these district-level
9 expenditures must be reported and expressed as total
10 expenditures per full-time equivalent student.
11 (6) Based on the classifications in this section, each
12 district school board shall annually submit a report by
13 January 1, which identifies and summarizes administrative
14 expenditures and instructional expenditures by fund for the
15 preceding fiscal year. The report shall also state the number
16 of unweighted full-time equivalent students enrolled in the
17 school district. The total amount of administrative
18 expenditures shall be divided by the number of unweighted
19 full-time equivalent students to determine the administrative
20 expenditures per student. This calculation is to be made
21 separately for the general and the special revenue funds. In
22 addition, the report shall reflect the number of employees in
23 each category outlined in subsection (2) and the percentage of
24 employees in each category, excluding the number of temporary
25 substitute employees. This report shall be submitted to the
26 commissioner and shall be made available to the public. The
27 school public accountability report shall contain notification
28 of the availability of this report.
29 Section 542. Section 1010.22, Florida Statutes, is
30 created to read:
31 1010.22 Cost accounting and reporting for workforce
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education.--
2 (1) Each school district and each community college
3 shall account for expenditures of all state, local, federal,
4 and other funds in the manner prescribed by the State Board of
5 Education.
6 (2) Each school district and each community college
7 shall report expenditures for workforce education in
8 accordance with requirements prescribed by the State Board of
9 Education.
10 (3) The Department of Education, in cooperation with
11 school districts and community colleges, shall develop and
12 maintain a database of valid comparable information on
13 workforce education which will meet both state and local
14 needs.
15 Section 543. Section 1010.23, Florida Statutes, is
16 created to read:
17 1010.23 Cost accounting and reporting for community
18 colleges.--Community colleges shall provide an annual report
19 on the cost of operations as provided in s. 1011.84.
20 Section 544. Section 1010.24, Florida Statutes, is
21 created to read:
22 1010.24 Cost accounting and reporting for
23 universities.--Universities shall provide an annual
24 expenditure analysis report as provided in s. 1011.90.
25 Section 545. Part III of chapter 1010, Florida
26 Statutes, shall be entitled "Audit Requirements and
27 Procedures" and shall consist of ss. 1010.30-1010.34.
28 Section 546. Section 1010.30, Florida Statutes, is
29 created to read:
30 1010.30 Audits required.--School districts, community
31 colleges, universities, and other institutions and agencies
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 under the supervision of the State Board of Education are
2 subject to the audit provisions under ss. 11.45 and 218.39.
3 Section 547. Section 1010.305, Florida Statutes, is
4 created to read:
5 1010.305 Audit of student enrollment.--
6 (1) The Auditor General shall periodically examine the
7 records of school districts, and other agencies as
8 appropriate, to determine compliance with law and State Board
9 of Education rules relating to the classification, assignment,
10 and verification of full-time equivalent student enrollment
11 and student transportation reported under the Florida
12 Education Finance Program.
13 (2) If it is determined that the approved criteria and
14 procedures for the placement of students and the conduct of
15 programs have not been followed by the district, appropriate
16 adjustments in the full-time equivalent student count for that
17 district must be made, and any excess funds must be deducted
18 from subsequent allocations of state funds to that district.
19 As provided for by rule, if errors in a specific program of a
20 district recur in consecutive years due to lack of corrective
21 action by the district, adjustments may be made based upon
22 statistical estimates of error projected to the overall
23 district program.
24 Section 548. Section 1010.33, Florida Statutes, is
25 created to read:
26 1010.33 Financial and performance audits.--Each
27 district school board and community college board of trustees,
28 and university board of trustees is authorized to have an
29 audit of their accounts and records by an independent
30 certified public accountant retained by them and paid from
31 their public funds. These audits are in addition to those
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 required by ss. 11.45 and 218.39.
2 Section 549. Section 1010.34, Florida Statutes, is
3 created to read:
4 1010.34 Audits of direct-support
5 organizations.--Audits of school district, community college,
6 and state university direct-support organizations are subject
7 to the audit provisions of ss. 1013.77(4), 1004.28(5), and
8 1004.70(6), as applicable.
9 Section 550. Part IV of chapter 1010, Florida
10 Statutes, shall be entitled "Provisions Relating to Bonding"
11 and shall consist of ss. 1010.40-1010.619.
12 Section 551. Section 1010.40, Florida Statutes, is
13 created to read:
14 1010.40 Proposals for issuing bonds.--Whenever the
15 residents of a school district in this state shall desire the
16 issuance of bonds by such school district for the purpose of
17 acquiring, building, enlarging, furnishing, or otherwise
18 improving buildings or school grounds, or for any other
19 exclusive use of the public schools within such school
20 district, they shall present to the district school board a
21 petition signed by not less than 25 percent of the duly
22 qualified electors residing within the school district,
23 setting forth in general terms the amount of the bonds desired
24 to be issued, the purpose thereof, and that the proceeds
25 derived from the sale of such bonds shall be used for the
26 purposes set forth in the petition. The requirement for such
27 petition may be dispensed with and the proposition of issuing
28 bonds for the purposes as herein outlined may be initiated by
29 the district school board of the said district; however,
30 nothing contained in this section shall repeal any of the
31 provisions of ss. 100.201-100.221, 100.241, 100.261-100.341,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and 100.351.
2 Section 552. Section 1010.41, Florida Statutes, is
3 created to read:
4 1010.41 Procedure of district school boards with
5 reference to proposals for issuing bonds.--It shall be the
6 duty of the district school board to plan the school financial
7 program of the district so that, insofar as practicable,
8 needed capital outlay expenditures can be made without the
9 necessity of issuing bonds. Whenever the district school board
10 proposes an issue of bonds or has received any petition
11 proposing the issuance of bonds, as provided in s. 1010.40,
12 the said board shall forthwith proceed as follows:
13 (1) The district school board, after considering
14 recommendations submitted by the district school
15 superintendent, shall determine whether in its opinion the
16 projects for which bonds are proposed to be issued are
17 essential for the school program of the district.
18 (2) If the proposed projects are deemed essential by
19 the district school board or if the proposed projects are
20 rejected in whole or in part, the district school board shall,
21 if practicable, prepare a plan for carrying out the projects,
22 or at least part of the projects, with current funds which
23 have been or can be set aside for that purpose.
24 (3) If the district school board determines that any
25 portion of the projects cannot be carried out so that all
26 costs can be met from the proceeds of a special district
27 millage voted for that purpose or from district current funds
28 that are not needed for salaries of teachers or other
29 necessary expenses of operating the schools or from such funds
30 that can reasonably be expected to be available by the time
31 the projects are completed, or cannot be completed on the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 basis of a loan against district current funds, approved in
2 accordance with s. 1011.14, the district school board shall
3 then determine the amount of bonds necessary to be issued to
4 complete the projects as proposed for the district and shall
5 adopt and transmit to the Department of Education a resolution
6 setting forth the proposals with reference to the projects and
7 the proposed plan for financing the projects, said resolution
8 to be in such form and contain such information as may be
9 prescribed by the State Board of Education. If the Department
10 of Education shall determine that the issuance of bonds as
11 proposed is unnecessary or is unnecessary in the amount and
12 according to the plan proposed, and shall notify the district
13 school board accordingly, the district school board shall then
14 amend its resolution to conform to the recommendation of the
15 Department of Education, and no further action shall be taken
16 for a period of at least 1 year on the proposal for a bond
17 issue unless, within 30 days thereafter, a petition signed by
18 at least 35 percent of the qualified electors within the
19 district is received by the school board requesting that an
20 election be called to vote bonds for the purposes set forth
21 and in an amount which shall not exceed the amount of bonds
22 proposed by the district school board. If such a petition is
23 received by the district school board, as provided herein, or
24 if the resolution proposing a bond issue has been approved by
25 the Department of Education, the school board shall then
26 proceed at its next ensuing meeting to adopt a resolution
27 authorizing that an election be held for the purpose of
28 determining whether bonds shall be issued as proposed.
29 Section 553. Section 1010.42, Florida Statutes, is
30 created to read:
31 1010.42 Publication of resolution.--It shall be the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 duty of the district school board, when the resolution
2 proposing a bond issue has been approved by the Department of
3 Education or when such a proposal has been rejected by the
4 Department of Education and a new petition signed by 35
5 percent of the qualified electors of the district has been
6 presented, and when the resolution authorizing an election has
7 been adopted as set forth above, to cause such resolution to
8 be published at least once each week for 2 consecutive weeks
9 in some newspaper published in the district. This resolution
10 may also include a notice of election as prescribed in s.
11 1010.43.
12 Section 554. Section 1010.43, Florida Statutes, is
13 created to read:
14 1010.43 Notice of election; qualifications of
15 electors.--The district school board shall also, at the
16 meeting at which is passed the resolution provided for in s.
17 1010.41, order that an election shall be held in the school
18 district to determine whether or not there shall be issued by
19 the district the bonds provided for in such resolution, in
20 which election only the duly qualified electors thereof shall
21 vote; and prior to the time of holding such election, the
22 district school board shall cause to be published at least
23 once each week for 2 consecutive weeks in a newspaper
24 published in the district a notice of the holding of such
25 election, which shall specify the time and place or places of
26 the holding thereof. The resolution prescribed in s. 1010.41
27 may be incorporated in and published as a part of the notice
28 prescribed in this section.
29 Section 555. Section 1010.44, Florida Statutes, is
30 created to read:
31 1010.44 Conduct of election; form of ballot;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 appointment of inspectors; canvassing returns.--The election,
2 provided for in s. 1010.43, shall be held at the place or
3 several places in the district where the last general election
4 was held throughout the district, unless the district school
5 board orders otherwise; and the district school board shall
6 appoint inspectors for the election and cause to be prepared
7 and furnished to the inspectors the ballots to be used at the
8 election; the form of ballots for such election shall be: "For
9 bonds" or "Against bonds." The inspectors shall make returns
10 to the the district school board immediately after the
11 election, and the school board shall hold a special meeting as
12 soon thereafter as practicable for the purpose of canvassing
13 the election returns and shall determine and certify its
14 result.
15 Section 556. Section 1010.45, Florida Statutes, is
16 created to read:
17 1010.45 Result of election held.--If it appears by the
18 result of the election that a majority of the votes cast shall
19 be "For bonds," the district school board shall issue the
20 bonds authorized by the election for the purposes specified in
21 the resolution as published, not to exceed the amount named
22 therein. If the majority of the votes cast shall have been
23 "Against bonds," no bonds shall be issued.
24 Section 557. Section 1010.46, Florida Statutes, is
25 created to read:
26 1010.46 If election adverse, no second election within
27 6 months.--If the result of the election is adverse to the
28 issuance of the bonds, no election shall be held for such
29 purpose within 6 months thereafter. In the event such election
30 shall result or shall have resulted in an equal number of
31 votes being cast for the issuance of the bonds as shall be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 cast adverse to issuance of bonds, the district school board
2 may call and order another or second election within the
3 district to have determined the question of whether the bonds
4 specified in the original petition and resolution shall be
5 issued by the district, after giving notice as provided for by
6 s. 1010.43, and it shall not be necessary to have presented to
7 the district school board further petitions to order the
8 second election.
9 Section 558. Section 1010.47, Florida Statutes, is
10 created to read:
11 1010.47 Receiving bids and sale of bonds.--
12 (1) If the issuance of bonds is authorized at the
13 election, or if any bonds outstanding against the district are
14 being refunded, the district school board shall cause notice
15 to be given by publication in some newspaper published in the
16 district that the board will receive bids for the purchase of
17 the bonds at the office of the district school superintendent.
18 The notice shall be published twice and the first publication
19 shall be given not less than 30 days prior to the date set for
20 receiving the bids. The notice shall specify the amount of the
21 bonds offered for sale, shall state whether the bids shall be
22 sealed bids or whether the bonds are to be sold at auction,
23 and shall give the schedule of maturities of the proposed
24 bonds and such other pertinent information as may be
25 prescribed by rules of the State Board of Education. Bidders
26 may be invited to name the rate of interest that the bonds are
27 to bear or the district school board may name rates of
28 interest and invite bids thereon. In addition to publication
29 of notice of the proposed sale as set forth in this
30 subsection, the district school board shall notify in writing
31 at least three recognized bond dealers in the state, and, at
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the same time, notify the Department of Education concerning
2 the proposed sale and enclose a copy of the advertisement.
3 (2) All bonds and refunding bonds issued as provided
4 by law shall be sold to the highest and best bidder at such
5 public sale unless sold at a better price or yield basis
6 within 30 days after failure to receive an acceptable bid at a
7 duly advertised public sale, provided that at no time shall
8 bonds or refunding bonds be sold or exchanged at less than par
9 value except as specifically authorized by the Department of
10 Education; and provided, further, that the district school
11 board shall have the right to reject all bids and cause a new
12 notice to be given in like manner inviting other bids for such
13 bonds, or to sell all or any part of such bonds to the State
14 Board of Education at a price and yield basis that shall not
15 be less advantageous to the district school board than that
16 represented by the highest and best bid received. In the
17 marketing of the bonds the district school board shall be
18 entitled to have such assistance as can be rendered by the
19 Division of Bond Finance, the Commissioner of Education, or
20 any other public state officer or agency. In determining the
21 highest and best bidder for bonds offered for sale, the net
22 interest cost to the school board as shown in standard bond
23 tables shall govern, provided that the determination of the
24 district school board as to the highest and best bidder shall
25 be final.
26 Section 559. Section 1010.48, Florida Statutes, is
27 created to read:
28 1010.48 Bidders to give security.--The district school
29 board may require of all bidders for the bonds that they give
30 security by bond or by a deposit to the district school board
31 that the bidder shall comply with the terms of the bid, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 any bidder whose bid is accepted shall be liable to the
2 district school board for all damages on account of the
3 nonperformance of the terms of such bid or to a forfeiture of
4 the deposit required by the district school board.
5 Section 560. Section 1010.49, Florida Statutes, is
6 created to read:
7 1010.49 Form and denomination of bonds.--The district
8 school board may prescribe the denomination of the bonds to be
9 issued, and such bonds may be issued with or without interest
10 coupons in the discretion of the board. The form of the bonds
11 to be issued may be prescribed by the State Board of Education
12 on the recommendation of the Department of Legal Affairs. The
13 schedule of maturities of the proposed bonds shall be so
14 arranged that the total payments required each year shall be
15 as nearly equal as practicable. The schedule shall provide
16 that all bonds are to be retired within a period of 20 years
17 from the date of issuance unless a longer period is required
18 and has been specifically approved by the Department of
19 Education. All bonds issued under this section that bear
20 interest in excess of 2.99 percent shall be callable on terms
21 prescribed by the district school board beginning not later
22 than 10 years from the date of issuance.
23 Section 561. Section 1010.50, Florida Statutes, is
24 created to read:
25 1010.50 Investment of fiduciary funds in bonds;
26 security for deposit of public funds.--School district bonds
27 authorized and issued under the provisions of this chapter
28 shall be lawful investments for fiduciary and trust funds,
29 including all funds in the control of trustees, assignees,
30 administrators, and executors, and may be accepted as security
31 for all deposits of public funds.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 562. Section 1010.51, Florida Statutes, is
2 created to read:
3 1010.51 Records to be kept and reports to be
4 made.--The district school board shall maintain a complete
5 record of all bonds issued under the provisions of this
6 chapter, which record shall show upon what authority the bonds
7 are issued, the amount for which issued, the persons to whom
8 issued, the date of issuance, the purpose or purposes for
9 which issued, the rate of interest to be paid, and the time
10 and place of payment of each installment of principal and
11 interest. This record shall be so arranged as to show the
12 amount of principal and interest to be paid each year and
13 shall also show the annual or semiannual payments which are
14 made and the bonds which are canceled. In addition the
15 district school superintendent shall file with the Department
16 of Education in accordance with rules of the State Board of
17 Education reports giving such information as may be required
18 regarding any bonds which may be issued as provided herein.
19 Section 563. Section 1010.52, Florida Statutes, is
20 created to read:
21 1010.52 Bonds may be validated; validity of
22 bonds.--When an issue of bonds for any school district shall
23 be authorized in the manner provided under the terms of this
24 chapter, such bonds shall, in the discretion of the district
25 school board, be subject to validation in the manner provided
26 for in chapter 75. In lieu of validation as set forth in that
27 chapter, the district school board may, in its discretion,
28 submit to the Department of Legal Affairs all information
29 relating to the issuance of bonds as provided in said chapter
30 75, and an approving opinion of the Department of Legal
31 Affairs shall be sufficient evidence that the bonds are valid.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Bonds reciting that they are issued pursuant to the terms of
2 this chapter shall, in any action or proceeding involving
3 their validity, be conclusively deemed to be fully authorized
4 thereby, to have been issued, sold, executed, and delivered in
5 conformity therewith, and with all other provisions of law
6 applicable thereto, and shall be incontestable, anything
7 herein or in other statutes to the contrary notwithstanding,
8 unless such action or proceeding is begun before or within 30
9 days after the date upon which the bonds are sold, paid for
10 and delivered.
11 Section 564. Section 1010.53, Florida Statutes, is
12 created to read:
13 1010.53 Proceeds; how expended.--The proceeds derived
14 from the sale of the bonds shall be held by the district
15 school board and shall be expended by the board for the
16 purpose for which the bonds were authorized for the school
17 district, and shall be held and expended in the manner
18 following:
19 (1) The district school board shall deposit, or cause
20 to be deposited, the proceeds arising from the sale of each
21 issue of bonds in a separate bond construction fund account in
22 the school depository.
23 (2) All or any part of the fund derived from the
24 proceeds of any such bond issue that in the judgment of the
25 district school board is not immediately needed may be placed
26 in the following securities maturing not later than the time
27 when the funds are reasonably expected to be needed:
28 (a) In investments listed in s. 218.415(16).
29 (b) In any bonds issued by the district; provided,
30 such bonds are not in default and can be obtained at a price
31 which will result in a net saving to the taxpayers of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district.
2 (c) In any obligations of the district school board
3 approved in accordance with the provisions of ss. 1011.13,
4 1011.14, and 1011.15.
5 (d) In any bonds issued by the State Board of
6 Education or another school district.
7 Section 565. Section 1010.54, Florida Statutes, is
8 created to read:
9 1010.54 Disposition of surplus of bond issue.--Should
10 there remain any of the proceeds of the sale of school
11 district bonds after the purpose and object for which the
12 bonds were issued shall have been carried out and performed by
13 the district school board, the surplus then shall be held by
14 the district school board and expended for the exclusive use
15 of the public schools within the school district as the
16 district school board may deem reasonable and proper.
17 Section 566. Section 1010.55, Florida Statutes, is
18 created to read:
19 1010.55 Additional bond issues.--After the issuance by
20 any school district of bonds in the manner authorized in this
21 chapter, the qualified electors of the school district may
22 thereafter, from time to time, in the manner herein provided
23 for, authorize one or more additional bond issues as they may
24 determine upon.
25 Section 567. Section 1010.56, Florida Statutes, is
26 created to read:
27 1010.56 Board of Administration to act as fiscal agent
28 in issuance and sale of motor vehicle anticipation
29 certificates.--
30 (1) In aid of the provisions of s. 18, Art. XII of the
31 State Constitution of 1885 as adopted by s. 9(d), Art. XII,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1968 revised constitution and the additional provisions of s.
2 9(d), the State Board of Administration may upon request of
3 the State Board of Education, act as fiscal agent for the
4 State Board of Education in the issuance and sale of any or
5 all bonds or motor vehicle tax anticipation certificates,
6 including any refunding of bonds, certificates or interest
7 coupons thereon which may be issued pursuant to the above
8 cited provisions of the State Constitution and upon request of
9 the State Board of Education the State Board of Administration
10 may take over the management, control, bond trusteeship,
11 administration, custody and payment of any or all debt service
12 or other funds or assets now or hereafter available for any
13 bonds or certificates issued for the purpose of obtaining
14 funds for the use of any district school board or to pay, fund
15 or refund any bonds or certificates theretofore issued for
16 such purpose. The State Board of Education may from time to
17 time provide by its duly adopted resolution or resolutions the
18 duties said fiscal agent shall perform as authorized by this
19 section and such duties may be changed, modified or repealed
20 by subsequent resolution or resolutions as the State Board of
21 Education may deem appropriate, provided, however, that such
22 changes shall only affect the duties of the State Board of
23 Administration as fiscal agent and shall not affect or modify
24 the paramount constitutional authority of the State Board of
25 Education nor affect, modify, or impair the contract rights of
26 persons holding or owning the obligations so authorized to be
27 issued.
28 (2) No such bonds or motor vehicle tax anticipation
29 certificates shall ever be issued by the State Board of
30 Administration until after the adoption of a resolution
31 requesting the issuance thereof by the State Board of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education for and on behalf of the district for which the
2 obligations are to be issued.
3 (3) All such bonds or certificates issued pursuant to
4 this part shall be issued in the name of the State Board of
5 Education but shall be issued for and on behalf of the
6 district school board requesting the issuance thereof and
7 shall be issued pursuant to any rules adopted by the State
8 Board of Education which are not in conflict with the
9 provisions of s. 18, Art. XII of the State Constitution of
10 1885 as adopted by s. 9(d), Art. XII, 1968 revised
11 constitution, and the additional provisions of s. 9(d).
12 (4) The proceeds of any sale of original bonds or
13 original certificates shall be deposited in the State Treasury
14 to the credit of the particular construction account for which
15 the original bonds or original certificates were issued and
16 shall be under the direct control and supervision of the State
17 Board of Education, and withdrawals from such construction
18 accounts shall be made only upon warrants signed by the
19 Comptroller and drawn upon the Treasurer. Such warrants shall
20 be issued by the Comptroller only when the vouchers requesting
21 such warrants are accompanied by the certificates of the State
22 Board of Education to the effect that such withdrawals are
23 proper expenditures for the cost of the particular
24 construction account against which the requested warrants are
25 to be drawn.
26 (5) The State Board of Administration shall annually
27 determine the amounts necessary to meet the debt service
28 requirements of all bonds or certificates administered by it
29 pursuant to this section and shall certify to the State Board
30 of Education said amounts needed. The State Board of
31 Education, upon being satisfied that the amounts are correct,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall pay the amounts direct to the State Board of
2 Administration for application by the State Board of
3 Administration as provided under the terms of the resolutions
4 authorizing the issuance of the bonds or certificates and as
5 provided in s. 18, Art. XII of the State Constitution of 1885
6 as adopted by s. 9(d), Art. XII, 1968 revised constitution,
7 and the additional provisions of s. 9(d).
8 (6) The expenses of the State Board of Administration
9 incident to the issuance and sale of any bonds or certificates
10 issued under the provisions of the constitution and under the
11 provisions of this section shall be paid from the proceeds of
12 the sale of the bonds or certificates or from the funds
13 distributable to each county under the provisions of s. 18(a),
14 Art. XII of the Constitution of 1885 as adopted by s. 9(d),
15 Art. XII, 1968 revised constitution. All other expenses of the
16 State Board of Administration for services rendered
17 specifically for, or which are properly chargeable to the
18 account of any bonds or certificates issued for and on behalf
19 of any district school board under the above cited provisions
20 of the State Constitution shall be paid from the funds
21 distributable to each county under the provisions of s. 18(a),
22 Art. XII of the State Constitution of 1885 as adopted by s.
23 9(d), Art. XII, 1968 revised constitution; but general
24 expenses of the State Board of Administration for services
25 rendered all the districts alike shall be prorated among them
26 and paid from the funds distributable to each district on the
27 same basis as such funds are distributable under the
28 provisions of s. 18(a), Art. XII of the State Constitution of
29 1885 as adopted by s. 9(d), Art. XII, 1968 revised
30 constitution.
31 (7) The provisions of this section contemplate that it
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 will aid the State Board of Education and better serve the
2 purposes contemplated by s. 18, Art. XII of the State
3 Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968
4 revised constitution, and the additional provisions of s. 9(d)
5 and not be inconsistent therewith.
6 Section 568. Section 1010.57, Florida Statutes, is
7 created to read:
8 1010.57 Bonds payable from motor vehicle license tax
9 funds; instruction units computed.--
10 (1) For the purpose of administering the provisions of
11 s. 9(d), Art. XII of the State Constitution as amended in
12 1972, the number of current instruction units in districts
13 shall be computed annually by the Department of Education by
14 multiplying the number of full-time equivalent students in
15 programs under s. 1011.62(1)(c) in each district by the cost
16 factors established in the General Appropriations Act and
17 dividing by 23, except that all basic program cost factors
18 shall be one, and the special program cost factors for
19 hospital and homebound I and for community service shall be
20 zero. Full-time equivalent membership for students residing in
21 Department of Children and Family Services residential care
22 facilities or identified as Department of Juvenile Justice
23 students shall not be included in this computation. Any
24 portion of the fund not expended during any fiscal year may be
25 carried forward in ensuing budgets and shall be temporarily
26 invested as prescribed by law or rules of the State Board of
27 Education.
28 (2) Whenever the State Board of Education issues bonds
29 or certificates for and on behalf of any district school
30 board, or whenever any district school board issues bonds or
31 certificates repayable from motor vehicle license tax funds,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the aggregate number of instruction units in the district in
2 any future school fiscal year, as authorized under the
3 amendment contained in s. 18, Art. XII of the State
4 Constitution of 1885 as amended and adopted by reference in s.
5 9(d), Art. XII of the Constitution of 1968, to the full extent
6 necessary to pay all principal of and interest on, and
7 reserves for, bonds or certificates issued for and on behalf
8 of the district or by the district school board in any school
9 fiscal year, as they become due and payable, shall be not less
10 than the aggregate number of instruction units in the district
11 for the school fiscal year preceding the school fiscal year in
12 which the bonds or certificates are issued, computed in
13 accordance with the statutes in force in the school fiscal
14 year preceding the school fiscal year in which the bonds or
15 certificates are issued.
16 (3) The provisions of this section are not intended
17 to, and shall not, be applicable to, or confer any rights on,
18 any district to payments from said motor vehicle license taxes
19 except to the full extent necessary to pay all principal of
20 and interest on, and reserves for, bonds or certificates so
21 issued by the district school board and by the State Board of
22 Education for and on behalf of the school districts, in each
23 future school fiscal year as they mature and become due; and
24 except for such purpose, all payments of the amounts of the
25 motor vehicle license taxes distributable under the provisions
26 of s. 18, Art. XII of the State Constitution of 1885 as
27 amended and adopted by reference in s. 9(d), Art. XII of the
28 Constitution of 1968 shall continue to be made and distributed
29 to the districts in the manner provided by the amendment and
30 the general laws of Florida in force and effect at the time of
31 the distributions.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 569. Section 1010.58, Florida Statutes, is
2 created to read:
3 1010.58 Procedure for determining number of
4 instruction units for community colleges.--The number of
5 instruction units for community colleges shall be determined
6 from the full-time equivalent students in the community
7 college, provided that full-time equivalent students may not
8 be counted more than once in determining instruction units.
9 Instruction units for community colleges shall be computed as
10 follows:
11 (1) One unit for each 12 full-time equivalent students
12 at a community college for the first 420 students and one unit
13 for each 15 full-time equivalent students for all over 420
14 students, in other than career and technical education
15 programs as defined by rules of the State Board of Education,
16 and one unit for each 10 full-time equivalent students in
17 career and technical education programs and compensatory
18 education programs as defined by rules of the State Board of
19 Education. Full-time equivalent students enrolled in a
20 community college shall be defined by rules of the State Board
21 of Education.
22 (2) For each 8 instruction units in a community
23 college, 1 instruction unit or proportionate fraction of a
24 unit shall be allowed for administrative and special
25 instructional services, and for each 20 instruction units, 1
26 instruction unit or proportionate fraction of a unit shall be
27 allowed for student personnel services.
28 Section 570. Section 1010.59, Florida Statutes, is
29 created to read:
30 1010.59 Interest rates.--All bonds issued by the State
31 Board of Education pursuant to the provisions of s. 9(a), Art.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 XII of the State Constitution, as amended, may bear interest
2 at such rate or rates as may be determined by the State Board
3 of Education. However, the maximum rate of interest shall not
4 exceed the rates authorized under the provisions of s. 215.84.
5 Section 571. Section 1010.60, Florida Statutes, is
6 created to read:
7 1010.60 State Board of Education; issuance of bonds
8 pursuant to s. 11(f), Art. VII, State Constitution.--
9 (1) Pursuant to s. 11(f), Art. VII of the State
10 Constitution, the State Board of Education, supported by the
11 building fee, the capital improvement fee, or any other
12 revenue approved by the Legislature for facilities
13 construction, is authorized to request the issuance of bonds
14 or other forms of indebtedness pursuant to the State Bond Act
15 to finance or refinance capital projects authorized by the
16 Legislature. In order to take advantage of economic
17 conditions, the Division of Bond Finance shall process
18 requests by the State Board of Education to refinance capital
19 projects under this section on a priority basis.
20 (2) The State Board of Education may approve the
21 issuance of revenue bonds or other forms of indebtedness by a
22 direct-support organization when such revenue bonds or other
23 forms of indebtedness are used to finance or refinance capital
24 projects which are to provide facilities necessary and
25 desirable to serve the needs and purposes of the university,
26 as determined by the systemwide strategic plan adopted by the
27 State Board of Education, and when the project has been
28 approved by the Legislature.
29 Section 572. Section 1010.61, Florida Statutes, is
30 created to read:
31 1010.61 Powers.--The State Board of Education shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 have all the powers necessary or advisable to carry out and
2 effectuate the purposes and provisions of s. 1010.60 and this
3 part and is hereby authorized:
4 (1) Pursuant to the State Bond Act, to borrow money
5 and issue interest-bearing revenue certificates or other forms
6 of indebtedness to acquire any projects approved by the
7 Legislature and to provide for the payment of the same and for
8 the rights of the holders thereof as herein provided.
9 (2) To pledge any trust funds which are available, and
10 not otherwise obligated, for purposes of securing the revenue
11 certificates and to combine such funds as the board may deem
12 appropriate.
13 (3) To adopt such rules as may be necessary for
14 carrying out the requirements of this part and to perform all
15 acts and do all things necessary or convenient to carry out
16 the powers granted herein.
17 Section 573. Section 1010.611, Florida Statutes, is
18 created to read:
19 1010.611 Resolution for issuance of revenue
20 certificates.--The issuance of revenue certificates under the
21 provisions of this part and the State Bond Act shall be
22 requested by resolution of the State Board of Education. Said
23 revenue certificates shall bear interest at such rate or rates
24 not exceeding the interest rate limitations set forth in s.
25 215.84(3), provided that certificates may be sold at a
26 reasonable discount to par not to exceed 3 percent, except
27 that this limitation on discount does not apply to the portion
28 of the discount that constitutes original issue discount. The
29 revenue certificates may be issued in one or more series, may
30 bear such date or dates, may be in such denomination or
31 denominations, may mature at such time or times, not exceeding
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 30 years from their respective dates, may be in such form,
2 either coupon or registered, may carry such registration
3 privileges, may be executed in such manner, may be payable in
4 such medium of payment and at such place or places, may be
5 subject to such terms of redemption, with or without premium,
6 may contain such terms, covenants, and conditions, and may be
7 declared or become due before the maturity date thereof as
8 such resolution or other resolutions may provide. The revenue
9 certificate may be sold at public sale by competitive bid or
10 negotiated sale. Pending the preparation of the definitive
11 certificates, interim receipts or certificates in such form
12 and with such provisions as the board may determine may be
13 issued to the purchaser or purchasers of certificates sold
14 pursuant to this part. The certificates and interim receipts
15 shall be fully negotiable within the meaning and for all the
16 purposes of the negotiable instruments law.
17 Section 574. Section 1010.612, Florida Statutes, is
18 created to read:
19 1010.612 Powers to secure revenue certificates.--The
20 State Board of Education, in connection with the issuance of
21 revenue certificates to acquire any projects for an
22 institution or in order to secure the payment of such revenue
23 certificates and interest thereon, shall have power by
24 resolution:
25 (1) To fix and maintain fees, rentals, and other
26 charges from students and others using or being served by, or
27 having the right to use, or having the right to be served by,
28 such projects.
29 (2) To provide that such revenue certificates shall be
30 secured by a first, exclusive, and closed lien on the income
31 and revenue (but not the real property of such institution)
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 derived from, and shall be payable from, fees, rentals, and
2 other charges from students and others using or being served
3 by, or having the right to use, or having the right to be
4 served by, such project.
5 (3) To pledge and assign to, or in trust for the
6 benefit of, the holder or holders of such revenue certificates
7 an amount of the income and revenue derived from fees,
8 rentals, and other charges from students and others using or
9 being served by, or having the right to use, or having the
10 right to be served by, such project.
11 (4) To covenant with or for the benefit of the holder
12 or holders of such revenue certificates that so long as any of
13 such revenue certificates shall remain outstanding and unpaid,
14 such institution will fix, maintain, and collect in such
15 installments as may be agreed upon an amount of the fees,
16 rentals, and other charges from students and others using or
17 being served by, or having the right to use, or having the
18 right to be served by, such project, which shall be sufficient
19 to pay when due such revenue certificates and interest
20 thereon, and to create and maintain reasonable reserves
21 therefor, and to pay the cost of operation and maintenance of
22 such project, which costs of operation and maintenance shall
23 be determined by the board in its absolute discretion.
24 (5) To make and enforce and agree to make and enforce
25 parietal rules that shall ensure the use of such project by
26 all students in attendance at such institutions to the maximum
27 extent to which such project is capable of serving such
28 students.
29 (6) To covenant that so long as any of such revenue
30 certificates shall remain outstanding and unpaid, it will not,
31 except upon such terms and conditions as may be determined:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) Voluntarily create or cause to be created any
2 debt, lien, pledge, assignment, encumbrance or other charge
3 having priority to the lien of such revenue certificates upon
4 any of the income and revenues derived from fees, rentals, and
5 other charges from students and others using or being served
6 by, or having the right to use, or having the right to be
7 served by, such project, or
8 (b) Convey or otherwise alienate such project or the
9 real estate upon which such project shall be located, except
10 at a price sufficient to pay all such revenue certificates
11 then outstanding and interest accrued thereon, and then only
12 in accordance with any agreements with the holder or holders
13 of such revenue certificates.
14 (7) To covenant as to the procedure by which the terms
15 of any contract with a holder or holders of such revenue
16 certificates may be amended or abrogated, the amount of
17 percentage of revenue certificates the holder or holders of
18 which must consent thereto, and the manner in which such
19 consent may be given.
20 (8) To vest in a trustee or trustees the right to
21 receive all or any part of the income and revenue pledged and
22 assigned to, or for the benefit of, the holder or holders of
23 such revenue certificates and to hold, apply and dispose of
24 the same and the right to enforce any covenant made to secure
25 or pay or in relation to such revenue certificates; to execute
26 and deliver a trust agreement or trust agreements which may
27 set forth the powers and duties and the remedies available to
28 such trustee or trustees and limiting the liabilities thereof
29 and describing what occurrences shall constitute events of
30 default and prescribing the terms and conditions upon which
31 such trustee or trustees or the holder or holders of revenue
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 certificates of any specified amount or percentage of such
2 revenue certificate may exercise such rights and enforce any
3 and all such covenants and resort to such remedies as may be
4 appropriate.
5 (9) To vest in a trustee or trustees or the holder or
6 holders of any specified amount or percentage of revenue
7 certificates the right to apply to any court of competent
8 jurisdiction for and have granted the appointment of a
9 receiver or receivers of the income and revenue pledged and
10 assigned to or for the benefit of the holder or holders of
11 such revenue certificates, which receiver or receivers may
12 have and be granted such powers and duties as such court may
13 order or decree for the protection of the revenue certificate
14 holders.
15 (10) To make covenants with the holders of any bonds
16 and to perform any other duties and responsibilities which are
17 deemed necessary or advisable to enhance the security of such
18 bonds, and the marketability thereof, and which are customary
19 in accordance with the market requirements for the sale of
20 such bonds.
21 Section 575. Section 1010.613, Florida Statutes, is
22 created to read:
23 1010.613 Remedies of any holder of revenue
24 certificates.--Any holder or holders of revenue certificates,
25 including a trustee, or trustees for holders of such revenue
26 certificates, shall have the right, in addition to all other
27 rights, by mandamus or other suit, action, or proceeding in
28 any court of competent jurisdiction to enforce his or her or
29 their rights against the State Board of Education to fix and
30 collect such rentals and other charges adequate to carry out
31 any agreement as to or pledge of such fees, rentals, or other
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 charges, and require the State Board of Education to carry out
2 any other covenants and agreements and to perform its duties
3 under this part.
4 Section 576. Section 1010.614, Florida Statutes, is
5 created to read:
6 1010.614 Validity of revenue certificates.--The
7 revenue certificates bearing the signatures of officers in
8 office on the date of the signing thereof shall be valid and
9 binding obligations, notwithstanding that before the delivery
10 thereof and payment therefor any or all of the persons whose
11 signatures appear thereon shall have ceased to be officers of
12 the State Board of Education. The validity of the revenue
13 certificates shall not be dependent on nor affected by the
14 validity or regularity of any proceedings to acquire the
15 project financed by the revenue certificates or taken in
16 connection therewith.
17 Section 577. Section 1010.615, Florida Statutes, is
18 created to read:
19 1010.615 Prohibitions against obligating
20 state.--Nothing in this part shall be construed to authorize
21 the State Board of Education to contract a debt on behalf of,
22 or in any way to obligate, the state, or to pledge, assign, or
23 encumber in any way, or to permit the pledging, assigning, or
24 encumbering in any way of, appropriations made by the
25 Legislature.
26 Section 578. Section 1010.616, Florida Statutes, is
27 created to read:
28 1010.616 Revenue certificate obligations of State
29 Board of Education.--All revenue certificates issued pursuant
30 to this part shall be obligations of the State Board of
31 Education, payable only in accordance with the terms thereof
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and shall not be obligations general, special, or otherwise of
2 the state. Such revenue certificates shall not be a bond or
3 debt of the state, and shall not be enforceable against the
4 state, nor shall payment thereof be enforceable out of any
5 funds of the board other than the income and revenue pledged
6 and assigned to, or in trust for the benefit of, the holder or
7 holders of such revenue certificates.
8 Section 579. Section 1010.617, Florida Statutes, is
9 created to read:
10 1010.617 Tax exemption and eligibility as legal
11 investments.--
12 (1) The exercise of the powers granted by this part in
13 all respects constitutes the performance of essential public
14 functions for the benefit of the people of the state. All
15 properties, revenues, or other assets of the State Board of
16 Education for which revenue certificates are issued under this
17 part, and all revenue certificates issued hereunder and the
18 interest thereon, shall be exempt from all taxation by any
19 agency or instrumentality of a county, municipality, or the
20 state. The exemption granted by this section is not applicable
21 to any tax imposed by chapter 220 on interest, income, or
22 profits on debt obligations owned by corporations.
23 (2) All obligations issued pursuant to this part shall
24 be and constitute legal investments without limitation for all
25 public bodies and for all banks, savings banks, guardians,
26 insurance funds, trustees, or other fiduciaries and shall be
27 and constitute eligible securities to be deposited as
28 collateral for security of any state, county, municipal, or
29 other public funds.
30 Section 580. Section 1010.618, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1010.618 Supplemental nature of part; construction and
2 purpose.--The powers conferred by this part shall be in
3 addition to and supplemental to, and the limitations imposed
4 by this part shall not affect, the powers conferred by any
5 other law, general or special, and revenue certificates may be
6 issued hereunder without any referendum, notwithstanding the
7 provisions of any other such law and without regard to the
8 procedure required by any other such law. Insofar as the
9 provisions of this part are inconsistent with the provisions
10 of any other law, general or special, the provisions of this
11 part shall be controlling.
12 Section 581. Section 1010.619, Florida Statutes, is
13 created to read:
14 1010.619 Board of Administration to act as fiscal
15 agent.--Prior to the issuance of any revenue certificates, the
16 State Board of Education may request the State Board of
17 Administration to advise the State Board of Education as to
18 the fiscal sufficiency of the proposed issue. Upon sale and
19 delivery of any revenue certificates and disbursement of the
20 proceeds thereof pursuant to this part, the State Board of
21 Administration may upon request of the State Board of
22 Education take over the management, control, administration,
23 custody, and payment of any or all debt services or funds or
24 assets now or hereafter available for any revenue certificates
25 issued pursuant to this part. The State Board of
26 Administration shall upon request of the State Board of
27 Education invest all funds, including reserve funds, available
28 for any revenue certificates issued pursuant to this part in
29 the manner provided in s. 215.47. The State Board of Education
30 may from time to time provide by its duly adopted resolution
31 the duties the State Board of Administration shall perform,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and such duties may be changed, modified, or repealed by
2 subsequent resolution as the State Board of Education may deem
3 appropriate.
4 Section 582. Part V of chapter 1010, Florida Statutes,
5 shall be entitled "Trust Funds" and shall consist of ss.
6 1010.70-1010.86.
7 Section 583. Section 1010.70, Florida Statutes, is
8 created to read:
9 1010.70 Educational Enhancement Trust Fund.--Each
10 fiscal year, at least 38 percent of the gross revenue from the
11 sale of lottery tickets and other earned revenue, excluding
12 application processing fees, shall be deposited in the
13 Educational Enhancement Trust Fund as provided in s. 24.121.
14 Section 584. Section 1010.71, Florida Statutes, is
15 created to read:
16 1010.71 State School Trust Fund.--
17 (1) The State School Trust Fund shall be derived from
18 the following sources:
19 (a) The proceeds of all lands that have been or may
20 hereafter be granted to the state by the United States for
21 public school purposes;
22 (b) Donations to the state when the purpose is not
23 specified;
24 (c) Appropriations by the state;
25 (d) The proceeds of escheated property or forfeitures;
26 and
27 (e) Twenty-five percent of the sales of public lands
28 which are now or may hereafter be owned by the state.
29 (2) The land comprising part of the State School Trust
30 Fund shall not be subject to taxes of any kind whatsoever, but
31 shall enjoy constitutional immunity therefrom, nor shall taxes
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of any kind be imposed thereon; nor, since not subject to tax,
2 shall the state or any state agency be liable for taxes or the
3 equivalent thereof sought to be imposed upon said land. All
4 outstanding tax sale certificates against land of the State
5 School Trust Fund are hereby canceled.
6 Section 585. Section 1010.72, Florida Statutes, is
7 created to read:
8 1010.72 Excellent Teaching Program Trust Fund.--
9 (1) The Excellent Teaching Program Trust Fund is
10 created to be administered by the Department of Education.
11 Funds must be credited to the trust fund as provided in
12 chapter 98-309, Laws of Florida, to be used for the purposes
13 set forth therein.
14 (2) Pursuant to the provisions of s. 19(f)(2), Art.
15 III of the State Constitution, the Excellent Teaching Program
16 Trust Fund shall, unless terminated sooner, be terminated on
17 July 1, 2002. Prior to its scheduled termination, the trust
18 fund shall be reviewed as provided in s. 215.3206(1) and (2).
19 Section 586. Section 1010.73, Florida Statutes, is
20 created to read:
21 1010.73 State Student Financial Assistance Trust
22 Fund.--
23 (1) The State Student Financial Assistance Trust Fund
24 is hereby created, to be administered by the Department of
25 Education. Funds shall be credited to the trust fund as
26 provided in the General Appropriations Act or similar
27 legislation, to be used for the purposes set forth therein.
28 (2) The department may transfer into this trust fund
29 general revenue, private donations for the purpose of matching
30 state funds, and federal receipts for scholarships and grant
31 programs. An individual account code shall be established for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 each funded scholarship and grant program for accountability
2 purposes.
3 (3) Notwithstanding the provisions of s. 216.301, and
4 pursuant to s. 216.351, any balance in the trust fund at the
5 end of any fiscal year shall remain in the trust fund and
6 shall be available for carrying out the purposes of the trust
7 fund.
8 Section 587. Section 1010.731, Florida Statutes, is
9 created to read:
10 1010.731 Student Loan Guaranty Reserve Trust
11 Fund.--Chapter 99-35, Laws of Florida, re-created the Student
12 Loan Guaranty Reserve Trust Fund to be used by the Department
13 of Education for the administration of the guaranteed student
14 loan program as provided in s. 1009.92.
15 Section 588. Section 1010.74, Florida Statutes, is
16 created to read:
17 1010.74 Educational Certification and Services Trust
18 Fund.--The proceeds from the collection of certification fees,
19 fines, penalties, and costs levied pursuant to s. 1012.59
20 shall be remitted by the Department of Education to the
21 Treasurer for deposit into and disbursed from the "Educational
22 Certification and Services Trust Fund" as re-created by
23 chapter 99-31, Laws of Florida.
24 Section 589. Section 1010.75, Florida Statutes, is
25 created to read:
26 1010.75 Teacher Certification Examination Trust
27 Fund.--The proceeds for the certification examination fee
28 levied pursuant to s. 1012.59 shall be remitted by the
29 Department of Education to the Treasurer for deposit into and
30 disbursed for the "Teacher Certification Examination Trust
31 Fund" as re-created by chapter 99-28, Laws of Florida.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 590. Section 1010.76, Florida Statutes, is
2 created to read:
3 1010.76 Educational Aids Trust Fund.--Chapter 99-27,
4 Laws of Florida, re-created the Educational Aids Trust Fund to
5 administer receipts and disbursements for federal grants
6 received by the Department of Education.
7 Section 591. Section 1010.77, Florida Statutes, is
8 created to read:
9 1010.77 Food and Nutrition Services Trust
10 Fund.--Chapter 99-34, Laws of Florida, re-created the Food and
11 Nutrition Services Trust Fund to record revenue and
12 disbursements of Federal Food and Nutrition funds received by
13 the Department of Education as authorized in s. 1006.06.
14 Section 592. Section 1010.78, Florida Statutes, is
15 created to read:
16 1010.78 Projects, Contracts, and Grants Trust
17 Fund.--There is created in the Department of Education the
18 Projects, Contracts, and Grants Trust Fund. The personnel
19 employed to plan and administer grants or contracts for
20 specific projects shall be considered in time-limited
21 employment not to exceed the duration of the grant or until
22 completion of the project, whichever first occurs. Such
23 employees shall not acquire retention rights under the Career
24 Service System. Any employee holding permanent career service
25 status in a Department of Education position who is appointed
26 to a position under the Projects, Contracts, and Grants Trust
27 Fund shall retain such permanent status in the career service
28 position.
29 Section 593. Section 1010.79, Florida Statutes, is
30 created to read:
31 1010.79 Sophomore Level Test Trust Fund.--Chapter
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 99-26, Laws of Florida, re-created the Sophomore Level Test
2 Trust Fund to record revenue and disbursements of examination
3 fees received by the Department of Education as authorized in
4 s. 1008.29.
5 Section 594. Section 1010.80, Florida Statutes, is
6 created to read:
7 1010.80 Educational Media and Technology Trust
8 Fund.--Chapter 99-25, Laws of Florida, re-created the
9 Educational Media and Technology Trust Fund to record revenue
10 and disbursements by the Department of Education for the cost
11 of producing and disseminating educational materials and
12 products as authorized in s. 1006.39.
13 Section 595. Section 1010.81, Florida Statutes, is
14 created to read:
15 1010.81 Knott Data Center Working Capital Trust
16 Fund.--Chapter 99-29, Laws of Florida, re-created the Knott
17 Data Center Working Capital Trust Fund to record the revenue
18 from fees paid for services provided by the Department of
19 Education's data center and disbursements to pay the costs of
20 operating the data center as authorized in s. 216.272.
21 Section 596. Section 1010.82, Florida Statutes, is
22 created to read:
23 1010.82 Textbook Bid Trust Fund.--Chapter 99-36, Laws
24 of Florida, re-created the Textbook Bid Trust Fund to record
25 the revenue and disbursements of textbook bid performance
26 deposits submitted to the Department of Education as required
27 in s. 1006.32.
28 Section 597. Section 1010.83, Florida Statutes, is
29 created to read:
30 1010.83 Institutional Assessment Trust Fund.--
31 (1) Chapter 99-32, Laws of Florida, re-created the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Institutional Assessment Trust Fund to be administered by the
2 Department of Education pursuant to this section and rules of
3 the State Board of Education. The trust fund shall consist of
4 all fees and fines imposed upon nonpublic colleges and schools
5 pursuant to this chapter, including all fees collected from
6 nonpublic colleges for participation in the common course
7 designation and numbering system. The department shall
8 maintain separate revenue accounts for independent colleges
9 and universities; nonpublic career education; and the
10 Department of Education.
11 (2) Funds from the trust fund shall be used for
12 purposes including, but not limited to, the following:
13 (a) Authorized expenses of the respective boards in
14 carrying out their required duties.
15 (b) Financial assistance programs for students who
16 attend nonpublic institutions licensed by the board.
17 (c) Educational programs for the benefit of current
18 and prospective owners, administrators, agents, authorized
19 groups of individuals, and faculty of institutions receiving a
20 license, a certificate of exemption, or an authorization by
21 the board.
22 (d) Authorized expenses of the Department of Education
23 incurred as a result of the inclusion of nonpublic colleges in
24 the statewide course numbering system.
25 (3) The board may utilize other individuals or
26 entities to administer the programs authorized in subsection
27 (2).
28 Section 598. Section 1010.84, Florida Statutes, is
29 created to read:
30 1010.84 Displaced Homemaker Trust Fund.--Chapter
31 99-33, Laws of Florida, re-created the Displaced Homemaker
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Trust Fund to record revenue and disbursements from fees as
2 authorized in s. 446.50.
3 Section 599. Section 1010.85, Florida Statutes, is
4 created to read:
5 1010.85 Phosphate Research Trust Fund.--Chapter 99-45,
6 Laws of Florida, re-created the Phosphate Research Trust Fund
7 to record the revenue and disbursements from tax on severance
8 of phosphate rock as provided in s. 211.3103.
9 Section 600. Section 1010.86, Florida Statutes, is
10 created to read:
11 1010.86 Administration of capital improvement and
12 building fees trust funds.--The State Board of Education shall
13 administer the Capital Improvement Fee Trust Fund and the
14 Building Fee Trust Fund which include receipts from capital
15 improvement and building student fee assessments, interest
16 earnings, and subsidy grants. All funds, except those to be
17 used for debt service payments, reserve requirements, and
18 educational research centers for child development, pursuant
19 to s. 1011.48, shall be used to fund projects appropriated by
20 the Legislature. Projects funded pursuant to this section may
21 be expanded by the use of supplemental funds such as grants,
22 auxiliary enterprises, private donations, and other nonstate
23 sources.
24 Section 601. Chapter 1011, Florida Statutes, shall be
25 entitled "Planning and Budgeting" and shall consist of ss.
26 1011.01-1011.93.
27 Section 602. Part I of chapter 1011, Florida Statutes,
28 shall be entitled "Preparation, Adoption, and Implementation
29 of Budgets" and shall consist of ss. 1011.01-1011.57.
30 Section 603. Section 1011.01, Florida Statutes, is
31 created to read:
1131
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1011.01 Budget system established.--
2 (1) The State Board of Education shall prepare and
3 submit a coordinated K-20 education annual legislative budget
4 request to the Governor and the Legislature on or before the
5 date provided by the Governor and the Legislature. The board's
6 legislative budget request must clearly define the needs of
7 school districts, community colleges, universities, other
8 institutions, organizations, programs, and activities under
9 the supervision of the board and that are assigned by law or
10 the General Appropriations Act to the Department of Education.
11 (2) There shall be established in each school
12 district, community college, and university a budget system as
13 prescribed by law and rules of the State Board of Education.
14 (3) Each district school board, each community college
15 board of trustees, and each state university board of trustees
16 shall prepare, adopt, and submit to the Commissioner of
17 Education for review an annual operating budget. Operating
18 budgets shall be prepared and submitted in accordance with the
19 provisions of law, rules of the State Board of Education, the
20 General Appropriations Act, and for district school boards in
21 accordance with the provisions of ss. 200.065 and 1011.64.
22 Section 604. Section 1011.011, Florida Statutes, is
23 created to read:
24 1011.011 Legislative capital outlay budget
25 request.--The State Board of Education shall submit an
26 integrated, comprehensive budget request for educational
27 facilities construction and fixed capital outlay needs for
28 school districts, community colleges, and universities
29 pursuant to this section and 1013.46 and applicable provisions
30 of chapter 216.
31 Section 605. Section 1011.012, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1011.012 Annual capital outlay budget.--
3 (1) Each district school board, community college
4 board of trustees, and university board of trustees shall,
5 each year, adopt a capital outlay budget for the ensuing year
6 in order that the capital outlay needs of the board for the
7 entire year may be well understood by the public. This capital
8 outlay budget shall be a part of the annual budget and shall
9 be based upon and in harmony with the educational plant and
10 ancillary facilities plan. This budget shall designate the
11 proposed capital outlay expenditures by project for the year
12 from all fund sources. The board may not expend any funds on
13 any project not included in the budget, as amended.
14 (2) Each district school board must prepare its
15 tentative district facilities work program as required by s.
16 1013.35 before adopting the capital outlay budget.
17 Section 606. Part I.a. of chapter 1011, Florida
18 Statutes, shall be entitled "District School Boards:
19 Preparation, Adoption, and Implementation of Budgets" and
20 shall consist of ss. 1011.02-1011.24.
21 Section 607. Section 1011.02, Florida Statutes, is
22 created to read:
23 1011.02 District school boards to adopt tentative
24 budget.--
25 (1) On or before the date prescribed in rules of the
26 State Board of Education, each district school board shall
27 receive and examine the tentative budget submitted by the
28 district school superintendent, and shall require such changes
29 to be made, in keeping with the purposes of the school code,
30 as may be to the best interest of the school program in the
31 district.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) The district school board shall determine, within
2 prescribed limits, the reserves to be allotted for
3 contingencies, and the cash balance to be carried forward at
4 the end of the year. If the district school board shall
5 require any changes to be made in receipts, in the reserves
6 for contingencies, or in the cash balance to be carried
7 forward at the end of the year, it shall also require
8 necessary changes to be made in the appropriations for
9 expenditures so that the budget, as changed, will not contain
10 appropriations for expenditures and reserves in excess of, or
11 less than, estimated receipts and balances.
12 (3) The proposed budget shall include an amount for
13 local required effort for current operation, in accordance
14 with the requirements of s. 1011.62(4).
15 (4) When a tentative budget has been prepared in
16 accordance with rules of the State Board of Education, the
17 proposed expenditures, plus transfers, and balances shall not
18 exceed the estimated income, transfers, and balances. The
19 budget and each of the parts thereof shall balance.
20 (5) The district school board shall adopt a tentative
21 budget.
22 Section 608. Section 1011.03, Florida Statutes, is
23 created to read:
24 1011.03 Public hearings; budget to be submitted to
25 Department of Education.--
26 (1) Each district school board must cause a summary of
27 its tentative budget, including the proposed millage levies as
28 provided for by law, and graphs illustrating a historical
29 summary of financial and demographic data, to be advertised at
30 least one time as a full-page advertisement in the newspaper
31 with the largest circulation published in the district or to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be posted at the courthouse door if there be no such
2 newspaper.
3 (2)(a) The advertisement must include a graph
4 illustrating the historical summary of financial and
5 demographic data for each of the following data values which
6 shall be plotted along the vertical axis of each graph:
7 1. Total revenue provided to the school district from
8 all sources for the corresponding fiscal year, including all
9 federal, state, and local revenue.
10 2. Total revenue provided to the school district for
11 the corresponding fiscal year for current operations.
12 3. Total revenue provided to the school district for
13 the corresponding fiscal year for fixed capital outlay
14 projects.
15 4. Total revenue provided to the school district for
16 the corresponding fiscal year for debt service.
17 5. Total number of unweighted full-time equivalent
18 students, inclusive of all programs listed in s. 1011.62.
19 6. Total revenue provided to the school district for
20 current operations divided by the number of unweighted
21 full-time equivalent students for the corresponding fiscal
22 year.
23 7. Total number of employees of the school district
24 for the corresponding fiscal year.
25 8. Total number of employees of the school district
26 classified as instructional personnel under s. 1012.01 for the
27 corresponding fiscal year.
28 (b) Each graph must include a separate histogram
29 corresponding to the financial and demographic data for each
30 of the following fiscal years, which shall be plotted along
31 the horizontal axis of each graph:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. Current fiscal year.
2 2. Fiscal year that is 5 years before the current
3 fiscal year.
4 3. Fiscal year that is 10 years before the current
5 fiscal year.
6 (c) The numeric value of the financial and demographic
7 data corresponding to each histogram must be included in each
8 graph.
9 (3) The advertisement of a district that has been
10 required by the Legislature to increase classroom expenditures
11 pursuant to s. 1011.64 must include the following statement:
12
13 "This proposed budget reflects an increase in classroom
14 expenditures as a percent of total current operating
15 expenditures of XX percent over the (previous fiscal year)
16 fiscal year. This increase in classroom expenditures is
17 required by the Legislature because the district has performed
18 below the required performance standard on XX of XX student
19 performance standards for the (previous school year) school
20 year. In order to achieve the legislatively required level of
21 classroom expenditures as a percentage of total operating
22 expenditures, the proposed budget includes an increase in
23 overall classroom expenditures of $XX,XXX,XXX above the amount
24 spent for this same purpose during the (previous fiscal year)
25 fiscal year. In order to achieve improved student academic
26 performance, this proposed increase is being budgeted for the
27 following activities: (list activities and amount budgeted)."
28 (4) The advertisement shall appear adjacent to the
29 advertisement required pursuant to s. 200.065. The State Board
30 of Education may adopt rules necessary to provide specific
31 requirements for the format of the advertisement.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) The board shall hold public hearings to adopt
2 tentative and final budgets pursuant to s. 200.065. The
3 hearings shall be primarily for the purpose of hearing
4 requests and complaints from the public regarding the budgets
5 and the proposed tax levies and for explaining the budget and
6 proposed or adopted amendments thereto, if any. The district
7 school board shall then require the superintendent to transmit
8 forthwith two copies of the adopted budget to the Department
9 of Education for approval as prescribed by law and rules of
10 the State Board of Education.
11 Section 609. Section 1011.04, Florida Statutes, is
12 created to read:
13 1011.04 Levying of taxes.--
14 (1) Upon receipt of the certificate of the property
15 appraiser giving the assessed valuation of the county and of
16 each of the special tax school districts pursuant to s.
17 200.065, the district school board shall determine by
18 resolution the amounts necessary to be raised for current
19 operating purposes and for each district bond interest and
20 sinking fund and the millage necessary to be levied for each
21 such fund, including the voted millage. A certified copy of
22 the resolution shall thereupon be filed with the county
23 property appraiser, and the district school board shall also
24 order the property appraiser to assess the several millages
25 certified by the school board against the appropriate taxable
26 property in the school district.
27 (2) The property appraiser shall then assess the taxes
28 as ordered by the district school board. Tax millages so
29 assessed shall be clearly designated and separately identified
30 as to source on the tax bill for other county taxes.
31 (3) The collector shall collect said taxes and pay
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 over the same promptly as collected to the district school
2 depository or depositories to be used as provided by law;
3 provided, that all taxes authorized herein shall be assessed
4 and collected on railroad, street railroad, sleeping car,
5 parlor car, and telegraph company property in the manner now
6 provided by law.
7 Section 610. Section 1011.05, Florida Statutes, is
8 created to read:
9 1011.05 Implementation of the official budget.--The
10 official budget shall give the appropriations and reserves
11 therein the force and effect of fixed appropriations and
12 reserves, and the same shall not be altered, amended, or
13 exceeded except as authorized. However, if the actual
14 receipts during any year are less than budgeted receipts, and
15 any obligations are thereby incurred which cannot be met
16 before the close of the year, such obligations shall be paid
17 and accounted for in the ensuing fiscal year in the manner
18 prescribed by rules of the State Board of Education and shall
19 be payable out of the first funds available for that purpose.
20 Section 611. Section 1011.06, Florida Statutes, is
21 created to read:
22 1011.06 Expenditures.--
23 (1) Expenditures shall be limited to the amount
24 budgeted under the classification of accounts provided for
25 each fund and to the total amount of the budget after the same
26 have been amended as prescribed by law and rules of the State
27 Board of Education. The school board shall endeavor to obtain
28 maximum value for all expenditures.
29 (2) EXPENDITURES FROM DISTRICT AND OTHER
30 FUNDS.--Expenditures from district and all other funds
31 available for the public school program of any district shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be authorized by law and must be in accordance with procedures
2 prescribed by the district school board. A district school
3 board may establish policies that allow expenditures to exceed
4 the amount budgeted by function and object, provided that the
5 district school board approves the expenditure and amends the
6 budget within timelines established by school board policies.
7 Section 612. Section 1011.07, Florida Statutes, is
8 created to read:
9 1011.07 Internal funds.--
10 (1) The district school board shall be responsible for
11 the administration and control of all local school funds
12 derived by any public school from all activities or sources,
13 and shall prescribe the principles and procedures to be
14 followed in administering these funds consistent with
15 regulations adopted by the State Board of Education.
16 (2) The State Board of Education shall adopt rules
17 governing the procedures for the recording of the receipts,
18 expenditures, deposits, and disbursements of internal funds.
19 Section 613. Section 1011.08, Florida Statutes, is
20 created to read:
21 1011.08 Expenditures between July 1 and date budget
22 becomes official.--During the period from July 1 to the date
23 the tentative budget becomes official, district school boards
24 are authorized to approve ordinary expenditures, including
25 salary payments, which are necessary for the approved school
26 program.
27 Section 614. Section 1011.09, Florida Statutes, is
28 created to read:
29 1011.09 Expenditure of funds by district school
30 board.--All state funds apportioned to the credit of any
31 district constitute a part of the district school fund of that
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district and must be budgeted and expended under authority of
2 the district school board subject to the provisions of law and
3 rules of the State Board of Education.
4 (1) A district school board shall credit interest or
5 profits on investments to the specific budgeted fund, as
6 defined by the accounting system required by s. 1010.01, that
7 produced the earnings unless otherwise authorized by law or
8 rules of the State Board of Education.
9 (2) A district school board may temporarily advance
10 moneys from one fund, as defined by the accounting system
11 required by s. 1010.01, to another fund when insufficient
12 moneys are available to meet current obligations if the
13 temporary advancement is repaid within 13 months, appropriate
14 accounting records are maintained, and the temporary
15 advancement does not restrict, impede, or limit implementation
16 or fulfillment of the original purposes for which the moneys
17 were received in the fund providing the advancement.
18 (3) Funds expended from school nonrecurring incentives
19 or bonus type state or federal funded programs based on
20 performance outcomes may not be used for measuring compliance
21 with state or federal maintenance of effort, supplanting, or
22 comparability standards.
23 Section 615. Section 1011.10, Florida Statutes, is
24 created to read:
25 1011.10 Penalty.--
26 (1) Any member of a district school board or any
27 district school superintendent who violates the provisions of
28 this section commits malfeasance and misfeasance in office and
29 shall be subject to removal from office by the Governor, and
30 any contract or attempted contract entered into by any school
31 officer or subordinate school officer that is not within the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purview or in violation of the provisions of this section
2 shall be void, and no such contract or attempted contract
3 shall be enforceable in any court.
4 (2) Each member of any district school board voting to
5 incur an indebtedness against the district school funds in
6 excess of the expenditure allowed by law, or in excess of any
7 appropriation as adopted in the original official budget or
8 amendments thereto, or to approve or pay any illegal charge
9 against the funds, and any chair of a district school board or
10 district school superintendent who signs a warrant for payment
11 of any such claim or bill of indebtedness against any of the
12 funds shall be personally liable for the amount, and shall be
13 guilty of malfeasance in office and subject to removal by the
14 Governor. It shall be the duty of the Auditor General, other
15 state officials, or independent certified public accountants
16 charged by law with the responsibility for auditing school
17 accounts, upon discovering any such illegal expenditure or
18 expenditures in excess of the appropriations in the budget as
19 officially amended, to certify such fact to the Department of
20 Banking and Finance, which thereupon shall verify such fact
21 and it shall be the duty of the Department of Banking and
22 Finance to advise the Department of Legal Affairs thereof, and
23 it shall be the duty of the Department of Legal Affairs to
24 cause to be instituted and prosecuted, either through its
25 office or through any state attorney, proceedings at law or in
26 equity against such member or members of a district school
27 board or district school superintendent. If either of the
28 officers does not institute proceedings within 90 days after
29 the audit has been certified to them by the Department of
30 Banking and Finance, any taxpayer may institute suit in his or
31 her own name on behalf of the district.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 616. Section 1011.11, Florida Statutes, is
2 created to read:
3 1011.11 Certain provisions to be directory.--No
4 irregularities of form or manner in the preparation or
5 adoption of any budget under the provisions of this chapter
6 shall invalidate either the budget adopted or the taxes levied
7 therefor. However, the budget and the taxes levied must
8 conform substantially to the principles and provisions of law
9 and rules of the State Board of Education.
10 Section 617. Section 1011.12, Florida Statutes, is
11 created to read:
12 1011.12 Purposes of and procedures in incurring school
13 indebtedness.--Indebtedness for school purposes may be
14 incurred only as follows:
15 (1) School districts may issue bonds creating a
16 long-term indebtedness as prescribed by law.
17 (2) Notes may be issued for money borrowed in
18 anticipation of the receipt of current school funds, included
19 in the budget from the state, county, or districts, as
20 authorized under s. 1011.13.
21 (3) Indebtedness may be incurred for certain purposes
22 as authorized under s. 1011.14, s. 1011.15, or s. 1011.16.
23 (4) Bonds or revenue certificates issued on behalf of
24 the district by the State Board of Education as authorized by
25 s. 18, Art. XII of the State Constitution of 1885 as adopted
26 by s. 9(d), Art. XII, 1968 revised constitution, and the
27 additional provisions of s. 9(d), Art. XII of said revision.
28 Section 618. Section 1011.13, Florida Statutes, is
29 created to read:
30 1011.13 Current loans authorized under certain
31 conditions.--Except as provided in subsection (2), for any
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 fiscal year in which school funds are estimated to be
2 insufficient at any time during that fiscal year to pay
3 obligations created by the district school board in accordance
4 with the official budget of the district, or a budget approved
5 by the district school board which is prepared preliminarily
6 to the tentative budget required by this chapter, the school
7 board is authorized to negotiate a current loan to pay these
8 obligations, providing for the repayment of that loan from the
9 proceeds of revenues reasonably to be anticipated during the
10 fiscal year in which the loan is made as prescribed below.
11 However, the district school board shall, whenever possible,
12 so arrange its expenditures as to make the incurring of
13 current loans unnecessary. When it is deemed necessary for the
14 benefit of the schools of the district for a current loan to
15 be negotiated, the school board shall arrange for a loan in an
16 amount not violative of federal arbitrage regulations and for
17 the repayment of the loan, in accord with the other provisions
18 of this section.
19 (1) CURRENT LOANS AGAINST DISTRICT FUND, DISTRICT
20 CAPITAL PROJECTS FUNDS, AND DISTRICT INTEREST AND SINKING
21 FUNDS.--
22 (a) District school boards are authorized and
23 empowered to borrow money, to be retired from the district tax
24 receipts anticipated in the operating budget, the district
25 capital projects budget, and the debt service budget, at a
26 rate of interest not to exceed the rate authorized under the
27 provisions of s. 215.84, for the purpose of paying all
28 outstanding obligations and for the further purpose of paying
29 any and all lawful expenses incurred in operating the schools
30 of the district. However, it is unlawful for any district
31 school board to borrow any sum of money in any one year in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 excess of 80 percent of the amount as estimated by it in the
2 official budget for the current fiscal year for the district
3 to be available from the district tax. The sum so borrowed
4 shall be paid in full before the school board is authorized to
5 borrow money in any succeeding year.
6 (b) Nothing in paragraph (a) shall be construed to
7 invalidate any outstanding debt of any district as now
8 existing and now due, or to become due, or as requiring any
9 school board to pay the same in full before being permitted to
10 borrow 80 percent on the estimate for the next ensuing year.
11 (c) In the event that the county tax roll is subjected
12 to litigation and the tax collector is prevented from
13 collecting taxes on that roll, the following provisions shall
14 apply:
15 1. The restriction of 80 percent in paragraph (b)
16 shall not apply if the collection of taxes is delayed beyond
17 May 1.
18 2. District school boards are authorized and empowered
19 to borrow money, to be repaid from the district school fund
20 for operating purposes, the district capital projects funds,
21 and the district interest and sinking funds, at a rate not to
22 exceed the rate authorized under the provisions of s. 215.84,
23 for the purposes of paying any and all lawful operating
24 expense, capital expense, and required debt service necessary
25 for the outstanding bond issues of such districts at the times
26 that the funds are needed to prevent the bonds or interest
27 payments from being in default. However, the amount of money
28 so borrowed shall be limited to the amount of the district
29 school fund and district interest and sinking fund tax
30 receipts included in the official school budget for that year
31 or the amount necessary to be borrowed to meet such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 obligations, whichever amount is the lesser. Any funds
2 borrowed pursuant to the authority of this subsection shall,
3 insofar as possible, be repaid during the fiscal year in which
4 the loan was made. However, any such loan unpaid at the end
5 of the fiscal year shall be repaid from the first available
6 revenue in the next succeeding year.
7 (2) CURRENT LOANS PAYABLE FROM REVENUE PROCEEDS.--
8 (a) A district school board is also authorized to
9 negotiate a current loan before the end of the fiscal year,
10 the note or notes from which loan shall be issued no earlier
11 than 60 days before the beginning of the subsequent fiscal
12 year, to be repaid during the subsequent fiscal year from the
13 proceeds of revenue reasonably anticipated to be received
14 during that year. The proceeds of any loan obtained pursuant
15 to this subsection shall be limited, and the district school
16 board shall take any and all action necessary, to assure that
17 the Internal Revenue Code and the regulations promulgated
18 thereunder are not violated.
19 (b) Loans arranged pursuant to this subsection shall
20 be negotiated in accordance with a budget approved by the
21 district school board which is prepared preliminarily to the
22 tentative budget required by this chapter. Such loans shall
23 be at a rate of interest not to exceed the rate of interest
24 authorized under the provisions of s. 215.84 and shall not be
25 in excess of amounts authorized under the Internal Revenue
26 Code for arbitrage.
27 (c) The proceeds of any loan obtained pursuant to this
28 subsection, or any interest earnings thereon, shall not be
29 used to pay any expenses incurred in the fiscal year in which
30 the loan is made; nor shall the proceeds of the loan or
31 interest earnings thereon be in any way encumbered to pay
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 expenses incurred in the fiscal year in which the loan is
2 made, but shall be held in escrow until the subsequent fiscal
3 year. Any outstanding loan issued pursuant to subsection (1)
4 must be defeased not less than 5 business days prior to the
5 issuance of any obligation pursuant to this subsection. All
6 proceeds of any loan obtained pursuant to this subsection, and
7 any interest earnings thereon, shall be placed at closing in
8 an irrevocable escrow account and held until the beginning of
9 the subsequent fiscal year. The district school board shall
10 maintain the integrity of such loan proceeds and related
11 interest in its accounting records so as to be able to
12 validate compliance with the provisions of this paragraph.
13 Section 619. Section 1011.14, Florida Statutes, is
14 created to read:
15 1011.14 Obligations for a period of 1 year.--District
16 school boards are authorized only under the following
17 conditions to create obligations by way of anticipation of
18 budgeted revenues accruing on a current basis without pledging
19 the credit of the district or requiring future levy of taxes
20 for certain purposes for a period of 1 year; however, such
21 obligations may be extended from year to year with the consent
22 of the lender for a period not to exceed 4 years, or for a
23 total of 5 years including the initial year of the loan:
24 (1) PURPOSES.--The purposes for which such obligations
25 may be incurred within the intent of this section shall
26 include only the purchase of school buses, land, and equipment
27 for educational purposes; the erection of, alteration to, or
28 addition to educational facilities; and the adjustment of
29 insurance on educational property on a 5-year plan, as
30 provided by rules of the State Board of Education.
31 (2) OBLIGATIONS MAY NOT EXCEED ONE-FOURTH OF DISTRICT
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 AD VALOREM TAX REVENUE FOR OPERATIONS FOR THE PRECEDING
2 YEAR.--No obligation of the nature prescribed herein may be
3 incurred by any district school board when such proposed
4 obligations exceed one-fourth of the revenue received during
5 the preceding year for the district school fund for operating
6 expense of the district.
7 (3) DISTRICT SCHOOL BOARD TO ADOPT PROPOSAL.--When the
8 district school board proposes to incur obligations of the
9 nature authorized in this section, it shall adopt and spread
10 upon its minutes a resolution giving the nature of the
11 obligations to be incurred, stating the plan of payment, and
12 providing that such funds will be budgeted during the period
13 of the loan from the current revenue to retire the obligations
14 maturing during the year. This plan of payment shall not
15 extend over a period longer than 1 year.
16 (4) INTEREST-BEARING NOTES AUTHORIZED.--Each district
17 school board which has authorized the incurring of the
18 obligations as provided in this section shall issue
19 interest-bearing notes for the obligations. The notes shall
20 provide the terms of payment and shall not bear interest in
21 excess of the rate authorized under the provisions of s.
22 215.84. No additional obligations of a similar nature may be
23 incurred against the funds of any school district when notes
24 authorized under this subsection are still outstanding and
25 unpaid when such proposed obligations together with the unpaid
26 notes outstanding exceed one-fourth of the revenue of the
27 preceding year, as defined in subsection (2).
28 Section 620. Section 1011.15, Florida Statutes, is
29 created to read:
30 1011.15 Obligations to eliminate major emergency
31 conditions.--The district school board of any district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 experiencing a major emergency condition in an existing school
2 plant that demands immediate correction in order to prevent
3 further damage to the building or equipment or to eliminate a
4 safety hazard that constitutes an immediate danger to the
5 students and other occupants is authorized to create an
6 obligation for a period of 1 year by way of anticipation of
7 revenues for capital outlay purposes accruing on a current
8 basis without pledging the credit of the district. Such
9 obligation may be extended from year to year with the consent
10 of the lender for a period not to exceed 4 years, or for a
11 total of 5 years including the initial year of the loan.
12 Obligations occurring under this section may be repaid from
13 funds to be received from taxes authorized by s. 1011.71(2)
14 and from any other funds available to the district school
15 board for the purpose under the following conditions:
16 (1) DISTRICT SCHOOL BOARD TO ADOPT PROPOSAL.--When the
17 district school board proposes to incur obligations of the
18 nature authorized in this section, it shall adopt and spread
19 upon its minutes a resolution fully describing the emergency
20 condition outlined above, giving the nature of the obligations
21 to be incurred, stating the plan of payment, and providing
22 that such funds will be budgeted during the period of the loan
23 from the current revenue to retire the obligations maturing
24 during the year. This plan of payment shall not extend over a
25 period longer than 1 year.
26 (2) INTEREST-BEARING NOTES AUTHORIZED.--Each district
27 school board which has authorized the incurring of the
28 obligations as provided in this section shall issue
29 interest-bearing notes for the obligations. The notes shall
30 provide the terms of payment and shall not bear interest in
31 excess of the rate authorized in s. 1010.59.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 621. Section 1011.16, Florida Statutes, is
2 created to read:
3 1011.16 Provisions for retirement of existing
4 indebtedness which is unfunded or in default.--In any district
5 in which there is any indebtedness outstanding against the
6 district school fund which has not yet been funded, or at any
7 time any such indebtedness is in default as to principal or
8 interest, the district school board shall proceed as follows:
9 (1) PLAN FOR RETIRING INDEBTEDNESS TO BE
10 PROPOSED.--The district school board shall prepare and propose
11 a plan for retiring any unfunded indebtedness or any such
12 indebtedness which is in default so that no creditor having a
13 valid claim will be given a preferred status. This plan shall
14 be so prepared as to show the funds needed for operating the
15 schools on the most economical basis practicable, the amount
16 of any other obligations which must be met each year, the
17 total funds available each year for the entire school program,
18 and the funds that can reasonably be spared for retirement of
19 indebtedness without needlessly handicapping the school
20 program and which can be budgeted each year for the retirement
21 of such indebtedness.
22 (2) PROPOSAL TO BE SUBMITTED TO DEPARTMENT OF
23 EDUCATION.--The proposal for funding and retiring all such
24 indebtedness, when approved by the district school board,
25 shall be submitted to the Department of Education for
26 consideration. The district school board shall not attempt to
27 retire any such indebtedness until this procedure has been
28 followed and until it has had the benefit of the
29 recommendations of the department. Upon receiving the
30 proposal, the department shall determine the minimum funds
31 which are, in its opinion, necessary for the operation of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school program in the district; shall determine what funds
2 remain for retirement of indebtedness each year; shall
3 determine whether the proposed plan is in accordance with
4 these facts, and, if it is not, shall propose modifications in
5 the plan in accordance with the facts. The recommendations of
6 the department shall then be submitted to the district school
7 board for consideration.
8 (3) WHEN PLAN TO BE EFFECTIVE.--The plan for retiring
9 indebtedness, herein prescribed, shall become effective when
10 the district school board and the Department of Education
11 jointly agree upon the amount of funds necessary for operating
12 the schools and the amount which can be budgeted each year for
13 retiring indebtedness. When this plan has been agreed upon, it
14 shall become the duty of the district school board to see that
15 the amount approved for retiring indebtedness is incorporated
16 in the budget each year, and the department shall see that
17 this amount has been incorporated before the budget is
18 approved, or, if such an amount can not reasonably be
19 incorporated in the budget, as shown by evidence submitted by
20 the district school board, determine the respects in which the
21 plan should be modified, and to see that the budget includes
22 the amount for retiring indebtedness which can reasonably be
23 included.
24 (4) FUNDING OUTSTANDING INDEBTEDNESS.--
25 (a) Each district school board having an outstanding
26 indebtedness legally incurred and constituting an obligation
27 or obligations payable from the district school fund is
28 authorized to issue and sell interest-bearing coupon warrants
29 in a sum or sums not to exceed the total amount of such
30 indebtedness. Such coupon warrants shall bear interest at a
31 rate not to exceed the rates authorized under the provisions
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of s. 215.84, shall be payable either annually or
2 semiannually, and shall be in such form and denomination as
3 the district school board issuing the same shall prescribe.
4 None of such warrants shall be issued to run for a longer
5 period of time than 10 years from the date of issue. Such
6 warrants shall be numbered consecutively, beginning with
7 number one, and each warrant shall have attached thereto
8 interest coupons, each coupon bearing the number of its
9 warrant and representing or calling for an annual or
10 semiannual, as the case may be, payment of interest on its
11 warrant.
12 (b) Each such warrant shall be signed by the chair and
13 attested by the secretary of the district school board issuing
14 the same, and shall have the seal of the district school board
15 affixed thereto, and the interest coupons attached thereto
16 shall be signed by, or bear the printed or lithographed
17 facsimile signature of the chair and secretary. Each warrant
18 and interest coupon shall be dated and shall bear the due
19 date. Such warrants and interest coupons shall be issued upon,
20 and payable from, the fund designated on the face thereof. The
21 fund so designated shall be the district school fund. All
22 funds derived from the sale of interest-bearing coupon
23 warrants, as herein provided, shall be used for the purpose of
24 retiring the indebtedness for payment of which the warrants
25 were issued, and for no other purpose, and any funds remaining
26 from the sale of such warrants shall be applied to retiring
27 the interest-bearing coupon warrants from which such funds
28 were derived.
29 (5) FUNDING OR REFUNDING OTHER TYPES OF
30 INDEBTEDNESS.--Any proposed plan for refunding any type of
31 outstanding and legally incurred school indebtedness, not
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 covered by this section, shall be submitted to the Department
2 of Education for approval under rules of the State Board of
3 Education. No such indebtedness may be refunded and no plan
4 for refunding such indebtedness may be approved, unless the
5 plan provides for retiring the indebtedness in reasonably
6 equal annual installments over the period of years covered,
7 unless other obligations to be retired during any of these
8 years make adjustments necessary. No indebtedness of any type
9 may be refunded on a sinking fund basis. The district school
10 board shall provide that all refunding warrants, notes, or
11 bonds shall be callable, upon proper notice, beginning not
12 more than 10 years following the date of refunding. If any
13 indebtedness outstanding against the county or district
14 current school funds cannot be retired over a period of 10
15 years as prescribed in this section, or cannot be funded or
16 refunded by issuing interest-bearing coupon warrants, the
17 Department of Education is authorized to cooperate with the
18 school officials of the district in developing a practicable
19 plan for refunding such indebtedness and, when such a plan has
20 been developed, may approve an agreement with the district
21 school officials for refunding such indebtedness to be retired
22 over a period of time which shall not exceed a maximum of 20
23 years; and, if necessary, for refunding the indebtedness by
24 issuing interest-bearing notes. Any funding or refunding
25 obligations issued, as prescribed herein, are not and shall
26 not be deemed to be additional bonds within the meaning of the
27 Constitution and laws of Florida, and it shall not be
28 necessary for such obligations to be submitted to, or approved
29 by, a vote of the people of the district. In preparing and
30 carrying out such a plan for funding or refunding the school
31 indebtedness, the district school board and the district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school superintendent shall follow the procedures prescribed
2 in this section, supplemented by rules of the State Board of
3 Education, except for the modifications which are herein
4 authorized.
5 Section 622. Section 1011.17, Florida Statutes, is
6 created to read:
7 1011.17 School funds to be paid to Treasurer or into
8 depository.--
9 (1) Every tax collector, or other person having moneys
10 which by law go to any district school fund shall at least
11 once each month pay the same over to the depository or
12 depositories designated by the district school board for such
13 purpose, and shall provide said board with confirmation of the
14 deposit. Every officer having moneys which by law go to any
15 state school fund, shall pay the same to the Treasurer of the
16 state, and the Treasurer shall see that these moneys are
17 deposited to the credit of the proper state school fund.
18 (2) The district school board shall have the authority
19 to designate that funds due it be placed for investment for
20 its account with the State Board of Administration rather than
21 be deposited, and said board may direct those persons having
22 moneys due it or due any state school fund to pay out such
23 funds to the State Board of Administration to make authorized
24 investments for its account.
25 Section 623. Section 1011.18, Florida Statutes, is
26 created to read:
27 1011.18 School depositories; payments into and
28 withdrawals from depositories.--
29 (1) SCHOOL FUNDS TO BE PAID INTO DEPOSITORIES.--The
30 tax collector, the clerk of the circuit court, the
31 superintendent, and all other persons having, receiving, or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 collecting any money payable to the school district shall
2 promptly pay the same to the bank or banks selected by the
3 district school board to receive funds for that purpose. No
4 bank shall be so selected unless it is qualified as an
5 approved depository as provided by law. Each bank receiving
6 any school money as provided herein shall make a receipt for
7 same.
8 (2) INVESTMENT OF FUNDS DUE.--The district school
9 board shall have the authority to designate that funds due it
10 be placed for investment for its account with the State Board
11 of Administration rather than be deposited, and the district
12 school board may direct those persons having moneys due it or
13 due any state school fund to pay out such funds to the State
14 Board of Administration to make authorized investments for its
15 account.
16 (3) FUNDS ON DEPOSIT WITH EACH DEPOSITORY; OVERDRAWING
17 ACCOUNTS PROHIBITED.--The district school board shall require
18 an accurate and complete set of accounts to be maintained in
19 the books and records for each fund on deposit in each
20 district school depository. Each such account shall show the
21 amount subject to withdrawal, the amount deposited, the amount
22 expended, and the balance of the account. In compliance with
23 the provisions of this subsection, a district school board may
24 maintain a separate checking account for each such fund or may
25 utilize a single checking account for the deposit and
26 withdrawal of moneys from all funds and segregate the various
27 funds on the books and records only. No check or warrant shall
28 be drawn in excess of the balance to the credit of the
29 appropriate fund. The funds awaiting clearing may be invested
30 in an approved county depository in instruments earning
31 interest, such as repurchase agreements, savings accounts,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 etc. If repurchase agreements are involved, United States
2 Treasury securities or GNMA's must be pledged as collateral
3 for an amount to exceed the principal, interest, and a
4 reasonable safety margin for protection against date-to-date
5 price fluctuation.
6 (4) HOW FUNDS DRAWN FROM DEPOSITORIES.--All money
7 drawn from any district school depository holding same as
8 prescribed herein shall be upon a check or warrant drawn on
9 authority of the district school board as prescribed by law.
10 Each check or warrant shall be signed by the chair or, in his
11 or her absence, the vice chair of the district school board
12 and countersigned by the district school superintendent, with
13 corporate seal of the school board affixed. However, as a
14 matter of convenience, the corporate seal of the district
15 school board may be printed upon the warrant and a proper
16 record of such warrant shall be maintained. The district
17 school board may by resolution, a copy of which must be
18 delivered to the depository, provide for internal funds to be
19 withdrawn from any district depository by a check duly signed
20 by at least two bonded school employees designated by the
21 board to be responsible for administering such funds. However,
22 the district school superintendent or his or her designee,
23 after having been by resolution specifically authorized by the
24 district school board, may transfer funds from one depository
25 to another, within a depository, to another institution, or
26 from another institution to a depository for investment
27 purposes and may transfer funds in a similar manner when the
28 transfer does not represent an expenditure, advance, or
29 reduction of cash assets. Such transfer may be made by
30 electronic, telephonic, or other medium; and each transfer
31 shall be confirmed in writing and signed by the district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school superintendent or his or her designee.
2 (5) FORM OF WARRANTS; DIRECT DEPOSIT OF FUNDS.--The
3 district school board is authorized to establish the form or
4 forms of warrants, which are to be signed by the chair or, in
5 his or her absence, the vice chair of the district school
6 board and countersigned by the district school superintendent,
7 for payment or disbursement of moneys out of the school
8 depository and to change the form thereof from time to time as
9 the district school board deems appropriate. If authorized in
10 writing by the payee, such district school board warrants may
11 provide for the direct deposit of funds to the account of the
12 payee in any financial institution that is designated in
13 writing by the payee and that has lawful authority to accept
14 such deposits. The written authorization of the payee must be
15 filed with the district school board. Direct deposit of funds
16 may be by any electronic or other medium approved by the
17 district school board for such purpose. The State Board of
18 Education shall adopt rules prescribing minimum security
19 measures that must be implemented by any district school board
20 before establishing the system authorized in this subsection.
21 (6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND
22 THIRD-PARTY ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
23 (a) Each district school board is authorized to
24 contract with an approved service organization to provide
25 self-insurance services, including, but not limited to, the
26 evaluation, settlement, and payment of self-insurance claims
27 on behalf of the district school board. Pursuant to such
28 contract, the district school board may advance money to the
29 service organization to be deposited in a special checking
30 account for paying claims against the district school board
31 under its self-insurance program. The special checking
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 account shall be maintained in a designated district school
2 depository. The district school board may replenish such
3 account as often as necessary upon the presentation by the
4 service organization of documentation for claims paid equal to
5 the amount of the requested reimbursement. Such replenishment
6 shall be made by a warrant signed by the chair of the district
7 school board and countersigned by the district school
8 superintendent. Such replenishment may be made by electronic,
9 telephonic, or other medium, and each transfer shall be
10 confirmed in writing and signed by the superintendent or his
11 or her designee.
12 (b) The district school board may contract with an
13 insurance company or professional administrator who holds a
14 valid certificate of authority issued by the Department of
15 Insurance to provide any or all services that a third-party
16 administrator is authorized by law to perform. Pursuant to
17 such contract, the district school board may advance or remit
18 money to the administrator to be deposited in a designated
19 special checking account for paying claims against the
20 district school board under its self-insurance programs, and
21 remitting premiums to the providers of insured benefits on
22 behalf of the district school board and the participants in
23 such programs, and otherwise fulfilling the obligations
24 imposed upon the administrator by law and the contractual
25 agreements between the district school board and the
26 administrator. The special checking account shall be
27 maintained in a designated district school depository. The
28 district school board may replenish such account as often as
29 necessary upon the presentation by the service organization of
30 documentation for claims or premiums due paid equal to the
31 amount of the requested reimbursement. Such replenishment
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be made by a warrant signed by the chair of the district
2 school board and countersigned by the district school
3 superintendent. Such replenishment may be made by electronic,
4 telephonic, or other medium, and each transfer shall be
5 confirmed in writing and signed by the district school
6 superintendent or his or her designee. The provisions of
7 strict accountability of all funds and an annual audit by an
8 independent certified public accountant as provided in s.
9 1001.42(10)(k) shall apply to this subsection.
10 Section 624. Section 1011.19, Florida Statutes, is
11 created to read:
12 1011.19 Sources of district school fund.--The district
13 school fund shall consist of funds derived from the district
14 school tax levy; state appropriations; appropriations by
15 county commissioners; local, state, and federal school food
16 service funds; any and all other sources for school purposes;
17 national forest trust funds and other federal sources; and
18 gifts and other sources.
19 Section 625. Section 1011.20, Florida Statutes, is
20 created to read:
21 1011.20 Apportionment and use of district school
22 fund.--The district school fund shall be apportioned, expended
23 and disbursed in the district solely for the support of the
24 public schools of the district as prescribed by law; provided,
25 however, that the district school fund shall also be used to
26 pay the principal and interest on bonds legally issued and
27 payable from said fund, together with other proper items of
28 debt service against such fund, including any necessary
29 refunding expense as prescribed by rules of the State Board of
30 Education. The district school board shall, before the
31 maturity of such bonds or other indebtedness and before
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 interest due dates, deposit with the paying agent or make
2 available, as designated in the resolution authorizing the
3 issuance of the bonds or other legal evidences of
4 indebtedness, sufficient funds with which to pay all principal
5 and interest when due; provided, that when such funds have
6 been so deposited with the paying agent or made available, all
7 interest on the indebtedness represented by the maturing
8 bonds, coupons or other evidences of indebtedness shall cease
9 as of their maturity dates; and provided, further, that if any
10 such bonds, coupons or other evidences of indebtedness are not
11 presented for payment within 6 months after the date on which
12 they mature, the funds shall be returned to the district
13 school board and shall be placed by said board in the district
14 school fund and the district school board shall pay said
15 bonds, coupons or other evidences of indebtedness from said
16 fund when presented for payment. Any holder of bonds, coupons
17 or other indebtedness claiming interest after maturity on
18 account of the fact that funds were not deposited with the
19 paying agent or made available to pay such bonds, coupons or
20 other indebtedness at maturity, shall be required to produce
21 evidence in the form of a letter from the paying agent or the
22 district school board, respectively, acknowledging that the
23 bonds, coupons and other evidences of indebtedness upon which
24 interest is claimed were presented for payment, that no funds
25 were available for the payment thereof, that such bonds,
26 coupons and other evidences of indebtedness were presented for
27 payment at least annually thereafter and that no funds were
28 available to pay such indebtedness. The paying agent or the
29 district school board, whichever has the duty of holding the
30 funds, shall, upon request of the holder of defaulted bonds,
31 coupons or other evidences of indebtedness, furnish to such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 holder the letter required herein. When such evidence is
2 presented the district school fund shall be liable for the
3 payment of principal and interest on the bonds, coupons or
4 other evidences of indebtedness from maturity until paid at
5 the rate prescribed on the face thereof. If at any time any
6 bonds, coupons or other evidences of indebtedness are reduced
7 to judgment, the district school fund shall be responsible for
8 past due interest only at the rate prescribed by the bonds or
9 other evidences of indebtedness and any rate of interest in
10 excess of that amount shall be illegal and invalid. Such
11 judgments shall bear interest at the rate of 5 percent per
12 annum until paid. When any proposal for refunding the
13 indebtedness against said district school fund has been
14 prepared and approved by the State Board of Education, as
15 required by law, and when the holders of at least 80 percent
16 of the outstanding indebtedness against said fund have agreed
17 in writing to the refunding plan, the district school board
18 shall be authorized to pay, out of the district school fund,
19 from and after that date, on the original and refunding bonds
20 or other evidences of indebtedness only the rate of interest
21 which has been agreed upon for the refunding bonds or other
22 evidences of indebtedness and no owner or holder of a bond,
23 coupon or other evidence of indebtedness shall be entitled to
24 a higher rate of interest after that date; provided, that such
25 owner or holder shall be given the option by the district
26 school board of receiving payment in cash for all principal
27 and interest due on the bonds and coupons or other evidence of
28 indebtedness he or she holds at the same rate at which the
29 remaining indebtedness has been refunded.
30 Section 626. Section 1011.21, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1011.21 Source and use of district interest and
2 sinking fund.--The district interest and sinking fund of any
3 school district shall comprise the proceeds of the tax levied
4 for the purpose of paying the principal and interest of bonds
5 outstanding against the district as provided in this chapter
6 and in addition such funds as may accrue to the credit of the
7 district interest and sinking fund from interest on deposits,
8 investments or other sources. The district interest and
9 sinking fund in each district shall be used to pay the
10 principal and interest on bonds legally issued against the
11 district and other proper items of debt service against such
12 district, including any necessary refunding expense as
13 prescribed by rules of the State Board of Education. The
14 district school board shall, before the maturity of bonds and
15 before interest due dates, deposit with the paying agent or
16 make available, as designated in the resolution authorizing
17 the issuance of bonds, sufficient money of the district
18 interest and sinking fund with which to pay all principal and
19 interest when due; provided, that when such money has been so
20 deposited with the paying agent or made available, all
21 interest on the indebtedness represented by the maturing bonds
22 or coupons shall cease as of their maturity dates; and
23 provided, further, that if any such bonds or coupons are not
24 presented for payment within 6 months after the date on which
25 they mature, the money shall be returned to the district
26 school board and shall be held by the board as a reserve fund
27 in the account of the district interest and sinking fund until
28 the bonds and coupons are presented for payment. Any holder
29 of bonds or coupons claiming interest after maturity shall be
30 required to produce evidence in the form of a letter from the
31 paying agent or the district school board of the district,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 respectively, acknowledging that the bonds or coupons upon
2 which interest is claimed were presented for payment upon
3 maturity, that no funds were available for the payment
4 thereof, that such bonds or coupons were presented for payment
5 at least annually thereafter and that no funds were available
6 to pay such bonds or coupons. The paying agent or the
7 district school board, whichever has the duty of holding the
8 money shall, upon request of the holder of defaulted bonds or
9 coupons, furnish to such holder the letter required herein.
10 When such evidence is presented, the district interest and
11 sinking fund shall be liable for the payment of principal and
12 interest on the bonds and coupons from maturity until paid at
13 the rate prescribed on the face of the bonds. If at any time
14 any bonds or coupons are reduced to judgment, the district
15 interest and sinking fund shall be responsible for past due
16 interest only at the rate prescribed by the bonds and any rate
17 of interest in excess of that amount shall be illegal and
18 invalid. Such judgments shall bear interest at the rate of 5
19 percent per annum until paid. When any proposal for refunding
20 the indebtedness against any district has been prepared and
21 approved by the Department of Education, as required by law,
22 and when the holders of at least 80 percent of the outstanding
23 indebtedness represented by the bond issue have agreed in
24 writing to the refunding plan, the district school board shall
25 be authorized to pay, from and after that date on the original
26 and refunding bonds from the district interest and sinking
27 fund, only the rate of interest which has been agreed upon for
28 the refunding bonds and no owner or holder of a bond or coupon
29 shall be entitled to a higher rate of interest after that
30 date; provided, that such owner or holder shall be given the
31 option by the school board of receiving payment in cash for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 all principal and interest due on the bonds and coupons he or
2 she holds at the same rate at which the remaining bonds and
3 coupons have been refunded.
4 Section 627. Section 1011.22, Florida Statutes, is
5 created to read:
6 1011.22 Interest and sinking funds may be invested in
7 certain bonds, warrants, and notes.--Each district school
8 board shall have the power at all times to invest the interest
9 and sinking funds collected for the retirement of any bonds of
10 the school district in any investment as authorized in s.
11 1010.53(2). The district school board shall have authority at
12 any time to use the interest and sinking fund of any district
13 for purchasing, for the purpose of canceling and retiring,
14 bonds outstanding against the interest and sinking fund of
15 said district at any price which will result in a net saving
16 to the taxpayers of the district; provided, always, that the
17 district school board shall have the right to keep the
18 interest and sinking fund on deposit earning the rate of
19 interest agreed upon until such time as within its judgment it
20 may be able to invest it in bonds, warrants, or notes to
21 better advantage as provided herein.
22 Section 628. Section 1011.23, Florida Statutes, is
23 created to read:
24 1011.23 Disposition of balance in interest and sinking
25 fund.--If all principal and interest outstanding against any
26 school district shall have been paid, and there shall still
27 remain a balance in the interest and sinking fund to the
28 credit of that district, the district school board shall, by
29 resolution, authorize this balance to be transferred to the
30 credit of the district school fund.
31 Section 629. Section 1011.24, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1011.24 Special district units.--For the purposes of
3 funding through chapters 1011 and 1013, developmental research
4 schools shall be designated as special school districts. Such
5 districts shall be accountable to the Department of Education
6 for budget requests and reports on expenditures.
7 Section 630. Part I.b. of chapter 1011, Florida
8 Statutes, shall be entitled "Community Colleges: Preparation,
9 Adoption, and Implementation of Budgets" and shall consist of
10 ss. 1011.30-1011.32.
11 Section 631. Section 1011.30, Florida Statutes, is
12 created to read:
13 1011.30 Budgets for community colleges.--Each
14 community college president shall recommend to the community
15 college board of trustees a budget of income and expenditures
16 at such time and in such form as the State Board of Education
17 may prescribe. Upon approval of a budget by the community
18 college board of trustees, such budget shall be transmitted to
19 the Department of Education for review and approval. Rules of
20 the State Board of Education shall prescribe procedures for
21 effecting budget amendments subsequent to the final approval
22 of a budget for a given year.
23 Section 632. Section 1011.31, Florida Statutes, is
24 created to read:
25 1011.31 Current loans to community college boards of
26 trustees.--
27 (1) At any time the current funds on hand are
28 insufficient to pay obligations created by a community college
29 board of trustees in accordance with the approved budget of
30 the community college, the community college board of trustees
31 may request approval by the Commissioner of Education of a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 proposal to negotiate a current loan, with provisions for the
2 repayment of such loan during the fiscal year in which the
3 loan is made, in order to meet these obligations.
4 (2) The Commissioner of Education shall approve such
5 proposal when, in his opinion, the proposal is reasonable and
6 just, the expenditure is necessary, and revenues sufficient to
7 meet the requirements of the loan can reasonably be
8 anticipated.
9 Section 633. Section 1011.32, Florida Statutes, is
10 created to read:
11 1011.32 Community College Facility Enhancement
12 Challenge Grant Program.--
13 (1) The Legislature recognizes that the community
14 colleges do not have sufficient physical facilities to meet
15 the current demands of their instructional and community
16 programs. It further recognizes that, to strengthen and
17 enhance community colleges, it is necessary to provide
18 facilities in addition to those currently available from
19 existing revenue sources. It further recognizes that there are
20 sources of private support that, if matched with state
21 support, can assist in constructing much needed facilities and
22 strengthen the commitment of citizens and organizations in
23 promoting excellence at each community college. Therefore, it
24 is the intent of the Legislature to establish a program to
25 provide the opportunity for each community college through its
26 direct-support organization to receive and match challenge
27 grants for instructional and community-related capital
28 facilities within the community college.
29 (2) There is established the Community College
30 Facility Enhancement Challenge Grant Program for the purpose
31 of assisting the community colleges in building high priority
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 instructional and community-related capital facilities
2 consistent with s. 1004.65, including common areas connecting
3 such facilities. The direct-support organizations that serve
4 the community colleges shall solicit gifts from private
5 sources to provide matching funds for capital facilities. For
6 the purposes of this section, private sources of funds shall
7 not include any federal or state government funds that a
8 community college may receive.
9 (3) The Community College Capital Facilities Matching
10 Program shall provide funds to match private contributions for
11 the development of high priority instructional and
12 community-related capital facilities, including common areas
13 connecting such facilities, within the community colleges.
14 (4) Within the direct-support organization of each
15 community college there must be established a separate capital
16 facilities matching account for the purpose of providing
17 matching funds from the direct-support organization's
18 unrestricted donations or other private contributions for the
19 development of high priority instructional and
20 community-related capital facilities, including common areas
21 connecting such facilities. The Legislature shall appropriate
22 funds for distribution to a community college after matching
23 funds are certified by the direct-support organization and
24 community college. The Public Education Capital Outlay and
25 Debt Service Trust Fund shall not be used as the source of the
26 state match for private contributions.
27 (5) A project may not be initiated unless all private
28 funds for planning, construction, and equipping the facility
29 have been received and deposited in the direct-support
30 organization's matching account and the state's share for the
31 minimum amount of funds needed to begin the project has been
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 appropriated by the Legislature. The Legislature may
2 appropriate the state's matching funds in one or more fiscal
3 years for the planning, construction, and equipping of an
4 eligible facility. However, these requirements shall not
5 preclude the community college or direct-support organization
6 from expending available funds from private sources to develop
7 a prospectus, including preliminary architectural schematics
8 and/or models, for use in its efforts to raise private funds
9 for a facility. Additionally, any private sources of funds
10 expended for this purpose are eligible for state matching
11 funds should the project materialize as provided for in this
12 section.
13 (6) To be eligible to participate in the Community
14 College Facility Enhancement Challenge Grant Program, a
15 community college, through its direct-support organization,
16 shall raise a contribution equal to one-half of the total cost
17 of a facilities construction project from private sources
18 which shall be matched by a state appropriation equal to the
19 amount raised for a facilities construction project, subject
20 to the General Appropriations Act.
21 (7) If the state's share of the required match is
22 insufficient to meet the requirements of subsection (6), the
23 community college shall renegotiate the terms of the
24 contribution with the donors. If the project is terminated,
25 each private donation, plus accrued interest, reverts to the
26 direct-support organization for remittance to the donor.
27 (8) By September 1 of each year, the State Board of
28 Education shall transmit to the Legislature a list of projects
29 which meet all eligibility requirements to participate in the
30 Community College Facility Enhancement Challenge Grant Program
31 and a budget request which includes the recommended schedule
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 necessary to complete each project.
2 (9) In order for a project to be eligible under this
3 program, it must be survey recommended under the provisions of
4 s. 1013.31 and included in the community colleges 5-year
5 capital improvement plan, and it must receive prior approval
6 from the State Board of Education.
7 (10) A community college project may not be removed
8 from the approved 3-year PECO priority list because of its
9 successful participation in this program until approved by the
10 Legislature and provided for in the General Appropriations
11 Act. When such a project is completed and removed from the
12 list, all other projects shall move up on the 3-year PECO
13 priority list.
14 (11) Any project funds that are unexpended after a
15 project is completed shall revert to the community college's
16 direct-support organization capital facilities matching
17 account. Fifty percent of such unexpended funds shall be
18 reserved for the community college which originally received
19 the private contribution for the purpose of providing private
20 matching funds for future facility construction projects as
21 provided in this section. The balance of such unexpended funds
22 shall be returned to the General Revenue Fund.
23 (12) The surveys, architectural plans, facility, and
24 equipment shall be the property of the participating community
25 college. A facility constructed under this section may be
26 named in honor of a donor at the option of the community
27 college district board of trustees. A facility may not be
28 named after a living person without prior approval by the
29 State Board of Education.
30 Section 634. Part I.c. of chapter 1011, Florida
31 Statutes, shall be entitled "Universities: Preparation,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Adoption, and Implementation of Budgets" and shall consist of
2 ss. 1011.40-1011.52.
3 Section 635. Section 1011.40, Florida Statutes, is
4 created to read:
5 1011.40 Budgets for universities.--
6 (1) LEGISLATIVE BUDGET REQUEST.--The State Board of
7 Education shall provide instructions, guidelines, and standard
8 formats to be used by each university that will provide to the
9 State Board of Education and the Legislature adequate
10 information to support and justify the legislative budget
11 requests submitted pursuant to ss. 216.023, 1013.60, and
12 1011.90 for each university.
13 (2) OPERATING BUDGET.--Each university board of
14 trustees shall adopt an operating budget for the operation of
15 the university as prescribed by law and rules of the State
16 Board of Education. Each university president shall prepare
17 and implement the operating budget of the university as
18 prescribed by law, rules of the State Board of Education,
19 policies of the university board of trustees, and provisions
20 of the General Appropriations Act. The proposed expenditures,
21 plus transfers, and balances shall not exceed the estimated
22 income, transfers, and balances. The budget and each part
23 thereof shall balance. If at any time the unencumbered balance
24 in the education and general fund of the university board of
25 trustees approved operating budget goes below five percent,
26 the president shall provide written notification to the State
27 Board of Education.
28 (3) EXPENDITURES.--Expenditures from any source of
29 funds by any university shall not exceed the funds available.
30 Expenditures shall not exceed the amount budgeted under each
31 classification of accounts for each fund and the total amount
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the budget, as amended as prescribed by rules of the State
2 Board of Education. No expenditure of funds, contract, or
3 agreement of any nature shall be made that requires additional
4 appropriation of funds by the Legislature unless specifically
5 authorized in advance by law or the General Appropriations
6 Act.
7 (4) DISTRIBUTION OF APPROPRIATION.--Funds appropriated
8 in the General Appropriations Act for the operation of state
9 universities shall be distributed by the State Board of
10 Education to the universities twice monthly. The Executive
11 Office of the Governor may modify this schedule if required to
12 meet specific needs of a university.
13 Section 636. Section 1011.41, Florida Statutes, is
14 created to read:
15 1011.41 University appropriations.--Funds for the
16 general operations of universities shall be requested and
17 appropriated as Aid to Local Governments Grants and Aids,
18 subject to provisions of the General Appropriations Act.
19 Section 637. Section 1011.4105, Florida Statutes, is
20 created to read:
21 1011.4105 Transition from state accounting system
22 (FLAIR) to university accounting system.--
23 (1) Universities and colleges under the supervision of
24 the State Board of Education shall use the state accounting
25 system (FLAIR) for fiscal year 2002-2003. The universities
26 shall not be required to provide funds to the Department of
27 Banking and Finance for the utilization of FLAIR.
28 (2) Beginning with the 2003-2004 fiscal year any
29 university may transition from FLAIR to the university's
30 accounting system.
31 (3) To accomplish the transition from FLAIR to a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 university's accounting system the university board of
2 trustees must submit to the State Board of Education a plan
3 developed in cooperation with the State Comptroller (Chief
4 Financial Officer.) The plan must contain the actions the
5 university will take, or has taken, to implement this
6 transition. The plan must provide time lines for completion of
7 actions and the target date the university will have
8 implemented and tested parallel systems with appropriate audit
9 and internal controls in place that will enable the university
10 to satisfactorily and timely perform all accounting and
11 reporting functions required by State and Federal law and
12 rules of the State Board of Education.
13 (4) When a university is ready to transition from
14 FLAIR to its own system, the State Board of Education shall
15 verify that the system the university has implemented and
16 tested is adequate for the university, the university has
17 appropriate audit and internal controls in place, the
18 university has the resources required to operate and maintain
19 the system, and that the university and the State Comptroller
20 (Chief Financial Officer) are prepared to implement the
21 transition. The State Board of Education shall submit to the
22 Executive Office of the Governor and the Chairs of the
23 Appropriations Committees of the Senate and House of
24 Representatives confirmation of this verification and the date
25 the transition will be effective. Transition for any
26 university shall not take place until after the State Board of
27 Education has submitted this confirmation.
28 (5) The State Board of Education in cooperation with
29 each university and the Department of Banking and Finance
30 shall develop a plan and establish the deadline for all
31 universities to have completed the transition from FLAIR. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Board shall submit a copy of this plan to the Executive Office
2 of the Governor and the Chairs of the Appropriations
3 Committees of the Senate and House of Representatives.
4 Section 638. Section 1011.4106, Florida Statutes, is
5 created to read:
6 1011.4106 Trust fund dissolution.--Notwithstanding the
7 provisions of ss. 215.3206(2) and 215.3208(2), and pursuant to
8 s. 216.351, all unexpended balances as of June 30, 2002 in the
9 following state university system trust funds are hereby
10 appropriated to the appropriate accounts of each university
11 based upon the original source of the trust fund revenue and
12 any accrued interest: the Education/General Student and Other
13 Fees Trust Fund, the Experiment Station Federal Grant Trust
14 Fund, the Experiment Station Incidental Trust Fund, the
15 Extension Service Federal Grant Trust Fund, the Extension
16 Service Incidental Trust Fund, the Incidental Trust Fund, the
17 UF Health Center Operations and Maintenance Trust Fund, the
18 Operations and Maintenance Trust Fund, and all other trust
19 funds in the State Treasury for universities. Expenditure of
20 these funds by each university must be based on the laws,
21 rules, grant agreements, or other legal controlling factors
22 associated with all trust fund balances which are appropriated
23 to local accounts pursuant to this section, and included in
24 each university board of trustees' approved operating budget.
25 Each university shall be responsible for the payment of
26 outstanding debts or obligations associated with these funds.
27 Section 639. Section 1011.411, Florida Statutes, is
28 created to read:
29 1011.411 Budgets for sponsored research at
30 universities.--Funds for sponsored research at each university
31 shall be budgeted and expended pursuant to ss. 1010.30 and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1011.42.
2 Section 640. Section 1011.42, Florida Statutes, is
3 created to read:
4 1011.42 University depositories; deposits into and
5 withdrawals from depositories.--
6 (1) The board of trustees of each university shall
7 designate the depositories in which any university funds may
8 be deposited. No bank shall be designated unless it is a
9 qualified depository as provided by Florida Statutes.
10 (2) All funds received by a university, from whatever
11 source and for whatever purpose, shall promptly be deposited
12 in a board of trustees approved qualified depository.
13 (3) The board of trustees shall require an accurate
14 and complete set of accounts to be maintained in the books and
15 records for each fund on deposit in each university
16 depository. Each account shall show the amount subject to
17 withdrawal, the amount deposited, the amount expended, and the
18 balance of the account.
19 (4) The university may maintain a separate checking
20 account for each fund or may utilize a single checking account
21 for the deposit and withdrawal of moneys from all funds and
22 segregate the various funds on the books and records only. No
23 check or withdrawal shall be drawn in excess of the balance to
24 the credit of the appropriate fund.
25 (5) Funds awaiting clearing may be invested in
26 investments earning interest in a qualified depository, in the
27 State Treasury, and in the State Board of Administration.
28 Investments of university funds shall comply with the
29 requirements of Florida Statutes for the investment of public
30 funds by local government. Due diligence shall be exercised to
31 assure that the highest available amount of earnings is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 obtained on investments.
2 (6) The university president or his designee, after
3 having been specifically authorized by the university board of
4 trustees, may transfer funds from one depository to another,
5 within a depository, to another institution, or from another
6 institution to a depository for investment purposes and may
7 transfer funds in a similar manner when the transfer does not
8 represent an expenditure, advance, or reduction of cash
9 assets.
10 (7) The university board of trustees shall
11 specifically designate and spread upon the minutes of the
12 board the legal name and position title of any university
13 employee authorized to sign checks to pay legal obligations of
14 the university.
15 Section 641. Section 1011.43, Florida Statutes, is
16 created to read:
17 1011.43 Investment of university agency and activity
18 funds; earnings used for scholarships.--Each university is
19 authorized to invest available agency and activity funds and
20 to use the earnings from such investments for student
21 scholarships and loans. The university board of trustees shall
22 provide procedures for the administration of these
23 scholarships and loans by rules.
24 Section 642. Section 1011.45, Florida Statutes, is
25 created to read:
26 1011.45 End of year balance of funds.--Unexpended
27 amounts in any fund in a university current year operating
28 budget shall be carried forward and included as the balance
29 forward for that fund in the approved operating budget for the
30 following year.
31 Section 643. Section 1011.47, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1011.47 Auxiliary enterprises; contracts, grants, and
3 donations.--As used in s. 19(f)(3), Art. III of the State
4 Constitution, the term:
5 (1) "Auxiliary enterprises" includes activities that
6 directly or indirectly provide a product or a service, or
7 both, to a university or its students, faculty, or staff and
8 for which a charge is made. These auxiliary enterprises are
9 business activities of a university which require no support
10 from the General Revenue Fund, and include activities such as
11 housing, bookstores, student health services, continuing
12 education programs, food services, college stores, operation
13 of vending machines, specialty shops, day care centers, golf
14 courses, student activities programs, data center operations,
15 and intercollegiate athletics programs.
16 (2) "Contracts, grants, and donations" includes
17 noneducational and general funding sources in support of
18 research, public services, and training. The term includes
19 grants and donations, sponsored-research contracts, and
20 Department of Education funding for developmental research
21 schools and other activities for which the funds are deposited
22 outside the State Treasury.
23 Section 644. Section 1011.48, Florida Statutes, is
24 created to read:
25 1011.48 Establishment of educational research centers
26 for child development.--
27 (1) Upon approval of the university president, the
28 student government association of any state university may
29 establish an educational research center for child development
30 in accordance with the provisions of this section. Each such
31 center shall be a child day care center established to provide
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 care for the children of students, both graduate and
2 undergraduate, faculty, and other staff and employees of the
3 university and to provide an opportunity for interested
4 schools or departments of the university to conduct
5 educational research programs and establish internship
6 programs within such centers. Whenever possible, such center
7 shall be located on the campus of the university. There shall
8 be a director of each center, selected by the board of
9 directors of the center.
10 (2) There shall be a board of directors for each
11 educational research center for child development, consisting
12 of the president of the university or his or her designee, the
13 student government president or his or her designee, the chair
14 of each department participating in the center or his or her
15 designee, and one parent for each 50 children enrolled in the
16 center, elected by the parents of children enrolled in the
17 center. The director of the center shall be an ex officio,
18 nonvoting member of the board. The board shall establish local
19 policies and perform local oversight and operational guidance
20 for the center.
21 (3) Each center is authorized to charge fees for the
22 care and services it provides. Such fees must be approved by
23 the State Board of Education and may be imposed on a sliding
24 scale based on ability to pay or any other factors deemed
25 relevant by the board.
26 (4) The State Board of Education is authorized and
27 directed to promulgate rules for the establishment, operation,
28 and supervision of educational research centers for child
29 development. Such rules shall include, but need not be limited
30 to: a defined method of establishment of and participation in
31 the operation of centers by the appropriate student government
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 associations; guidelines for the establishment of an intern
2 program in each center; and guidelines for the receipt and
3 monitoring of funds from grants and other sources of funds
4 consistent with existing laws.
5 (5) Each educational research center for child
6 development shall be funded by a portion of the Capital
7 Improvement Trust Fund fee established by the State Board of
8 Education pursuant to s. 1009.24(7). Each university that
9 establishes a center shall receive a portion of such fees
10 collected from the students enrolled at that university,
11 usable only at that university, equal to 22.5 cents per
12 student per credit hour taken per term, based on the summer
13 term and fall and spring semesters. This allocation shall be
14 used by the university only for the establishment and
15 operation of a center as provided by this section and rules
16 promulgated hereunder. Said allocation may be made only after
17 all bond obligations required to be paid from such fees have
18 been met.
19 Section 645. Section 1011.49, Florida Statutes, is
20 created to read:
21 1011.49 Assent to Smith-Lever Act; university board of
22 trustees authorized to receive grants.--The Legislature, in
23 behalf of and for the state, assents to, and gives its assent
24 to, the provisions and requirements of the Act of Congress
25 commonly known as the "Smith-Lever Act," and all acts
26 supplemental thereto, and the University of Florida Board of
27 Trustees, having supervision over and control of the
28 University of Florida, located at Gainesville, may receive the
29 grants of money appropriated under said Act of Congress and
30 organize and conduct agricultural and home economics extension
31 work, which shall be carried on in connection with the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 University of Florida Institute of Food and Agricultural
2 Sciences, in accordance with the terms and conditions
3 expressed in said Act of Congress.
4 Section 646. Section 1011.50, Florida Statutes, is
5 created to read:
6 1011.50 Agricultural experiment stations; assent to
7 Act of Congress; federal appropriation.--The objects and
8 purposes contained in the Act of Congress entitled "An Act to
9 provide for an increased annual appropriation for agricultural
10 experiment stations and regulating the expenditure thereof"
11 are assented to; and the Board of Trustees of the University
12 of Florida is authorized to accept and receive the annual
13 appropriations for the use and benefit of the agricultural
14 experiment station fund of the Institute of Food and
15 Agricultural Sciences of the University of Florida, located at
16 Gainesville, upon the terms and conditions contained in said
17 Act of Congress.
18 Section 647. Section 1011.501, Florida Statutes, is
19 created to read:
20 1011.501 Assent to ss. 1444 and 1445 of the Food and
21 Agriculture Act of 1977; board of trustees authorized to
22 receive grants, etc.--The assent of Legislature is given to
23 the provisions and requirements of ss. 1444 and 1445 of the
24 Act of Congress commonly known as the "Food and Agriculture
25 Act of 1977" and all acts supplemental thereto. The Board of
26 Trustees of the Florida Agricultural and Mechanical University
27 may receive grants of money appropriated under said sections
28 of said act and may organize and conduct agricultural
29 extension work and conduct agricultural research, which shall
30 be carried on in connection with the College of Engineering
31 Sciences, Technology and Agriculture of said Florida
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Agricultural and Mechanical University, in accordance with the
2 terms and conditions expressed in the Act of Congress
3 aforesaid.
4 Section 648. Section 1011.51, Florida Statutes, is
5 created to read:
6 1011.51 Independent postsecondary endowment grants.--
7 (1) The Legislature finds and declares that accredited
8 baccalaureate-degree-granting independent nonprofit colleges
9 and universities are an integral part of the higher education
10 system in this state; that significant numbers of persons
11 choose to utilize these institutions for obtaining higher
12 education; that the burdens on public colleges and
13 universities are lessened because of the students that choose
14 to utilize these institutions for their higher education; that
15 having a strong system of baccalaureate-degree-granting
16 independent nonprofit colleges and universities will improve
17 the educational, economic, and social well-being of the state;
18 and that creation of a state program to provide matching
19 endowment grants will improve the academic excellence of these
20 institutions and enhance educational opportunities for Florida
21 citizens, furthering the improvement of the overall
22 educational system in the state.
23 (2) There is established the Florida Postsecondary
24 Endowment Grants Program to be administered by the Department
25 of Education. The program shall provide matching endowment
26 grants to independent nonprofit colleges and universities in
27 Florida that meet the requirements of this section. The
28 Legislature shall designate funds for the program to be
29 transferred to the Grants and Donations Trust Fund from
30 available sources. All funds transferred to the trust fund,
31 or retained in the trust fund, shall be invested in accordance
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 with the provisions of chapter 215. Notwithstanding the
2 provisions of s. 216.301 and pursuant to s. 216.351, any
3 undisbursed balance remaining in the trust fund for the
4 program and income from investments and interest related
5 thereto shall remain in the trust fund and shall increase the
6 total funds available for such matching endowment grants.
7 (3) The matching endowment grants made available under
8 this section shall be made available to any independent
9 nonprofit college or university which:
10 (a) Is located in and chartered by the state.
11 (b) Is accredited by the Commission on Colleges of the
12 Southern Association of Colleges and Schools.
13 (c) Grants baccalaureate degrees.
14 (d) Is not a state university or community college.
15 (e) Has a secular purpose, so long as the receipt of
16 state aid by students at the institution would not have the
17 primary effect of advancing or impeding religion or result in
18 an excessive entanglement between the state and any religious
19 sect.
20 (4)(a) The amounts appropriated for the program shall
21 be allocated by the Department of Education to each
22 independent nonprofit college or university that meets the
23 criteria of subsection (3) in the following manner:
24 1. Each such college or university that raises an
25 endowment contribution of at least $50,000, but no more than
26 $75,000, from private sources shall receive a matching
27 endowment grant equal to 70 percent of the private
28 contribution.
29 2. Each such college or university that raises an
30 endowment contribution in excess of $75,000, but no more than
31 $100,000, from private sources shall receive a matching
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 endowment grant equal to 75 percent of the private
2 contribution.
3 3. Each such college or university that raises an
4 endowment contribution in excess of $100,000, but no more than
5 $125,000, from private sources shall receive a matching
6 endowment grant equal to 80 percent of the private
7 contribution.
8 4. Each such college or university that raises an
9 endowment contribution in excess of $125,000 from private
10 sources shall receive a matching endowment grant equal to 100
11 percent of the private contribution.
12 (b) The private sources may include combined
13 contributions for a common purpose, but shall not include
14 separate unrelated contributions. The state endowment
15 matching grant shall be disbursed to the independent nonprofit
16 college or university upon certification by the college or
17 university that it has received and deposited the
18 proportionate amount specified in this subsection.
19 (c) Contributions may also be eligible for matching if
20 there is a commitment to make a donation of $125,000, and an
21 initial payment of $25,000 is accompanied by a written pledge
22 to provide the balance within 4 years after the date of such
23 initial payment. Payments on the balance must be at least
24 $25,000 per year and shall be made on or before the
25 anniversary date of the initial payment. No matching
26 endowment grant shall be disbursed prior to collection of the
27 total pledged contribution from the private source, but a
28 pledged contribution shall encumber the matching endowment
29 grant for that independent nonprofit college or university.
30 (5)(a) By July 1 of each year, each independent
31 nonprofit college or university that desires to participate in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the program shall certify to the department its eligibility.
2 The department, upon receipt and acceptance of such
3 certifications, shall reserve an equal amount of the
4 additional funds for the program transferred to the Grants and
5 Donations Trust Fund for that fiscal year for each independent
6 nonprofit college or university that is eligible to
7 participate. An eligible independent nonprofit college or
8 university shall have 3 fiscal years within which to encumber
9 its share of trust funds reserved during the first 3 fiscal
10 years. After the third fiscal year, if any independent
11 nonprofit college or university does not fully utilize or
12 encumber its share of reserved trust funds for any single
13 fiscal year, such reserved funds shall be available in
14 subsequent fiscal years for the purposes of this program.
15 (b) Each eligible institution shall certify to the
16 department its contributions for the year ending June 30,
17 1989. Only the qualified new contributions above the certified
18 base shall be calculated for the purpose of allocating grants
19 during the first 3 years of the program. In subsequent years,
20 only the qualified new contributions above the certified prior
21 year base shall be calculated for the purpose of allocating
22 such grants.
23 (6) Matching endowment grants made pursuant to this
24 section to a qualified independent nonprofit college or
25 university shall be placed in a separate restricted endowment
26 by such institution. The interest or other income accruing
27 from the endowment shall be expended exclusively for
28 professorships, library resources, scientific and technical
29 equipment, and nonathletic scholarships. Moreover, the funds
30 in the endowment shall not be used for pervasively sectarian
31 instruction, religious worship, or theology or divinity
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Amendment No. ___ (for drafter's use only)
1 programs or resources. The records of the endowment shall be
2 subject to review by the department and audit or examination
3 by the Auditor General and the Office of Program Policy
4 Analysis and Government Accountability. If any institution
5 receiving a matching endowment grant pursuant to this section
6 ceases operations and undergoes dissolution proceedings, then
7 all funds received pursuant to this section from the state
8 shall be returned.
9 (7) The State Board of Education shall adopt rules
10 necessary to implement this section.
11 (8) This section shall be implemented to the extent
12 specifically funded and authorized by law.
13 Section 649. Section 1011.52, Florida Statutes, is
14 created to read:
15 1011.52 Appropriation to first accredited medical
16 school.--
17 (1) Subject to the provisions hereinafter set forth,
18 the Legislature shall provide an annual appropriation to the
19 first accredited medical school. Payments of moneys from such
20 appropriation shall be made semiannually at the beginning of
21 the first and third quarters.
22 (2) In order for a medical school to qualify under the
23 provisions of this section and to be entitled to the benefits
24 herein, such medical school:
25 (a) Must be primarily operated and established to
26 offer, afford, and render a medical education to residents of
27 the state qualifying for admission to such institution;
28 (b) Must be operated by a municipality or county of
29 this state, or by a nonprofit organization heretofore or
30 hereafter established exclusively for educational purposes;
31 (c) Must, upon the formation and establishment of an
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Amendment No. ___ (for drafter's use only)
1 accredited medical school, transmit and file with the
2 Department of Education documentary proof evidencing the facts
3 that such institution has been certified and approved by the
4 council on medical education and hospitals of the American
5 Medical Association and has adequately met the requirements of
6 that council in regard to its administrative facilities,
7 administrative plant, clinical facilities, curriculum, and all
8 other such requirements as may be necessary to qualify with
9 the council as a recognized, approved, and accredited medical
10 school;
11 (d) Must certify to the Department of Education the
12 name, address, and educational history of each student
13 approved and accepted for enrollment in such institution for
14 the ensuing school year.
15 (3) The Department of Education shall, within 60 days
16 of the receipt of the student enrollment of the medical
17 school, pay to the school, each year, the amount appropriated
18 for students accepted and approved for enrollment in such
19 medical institution, provided each medical student is a legal
20 resident of the state or, if the student is not of legal age,
21 his or her parents or legal guardian are residents of the
22 state at the time of the student's acceptance and approval as
23 a medical student. In the event a student resigns or is
24 dismissed from such medical institution for any reason
25 whatsoever before the end of a school year, then the medical
26 institution shall, within 30 days from such dismissal or
27 resignation, remit to the state, through the Department of
28 Education, a pro rata amount of the sum before paid by the
29 state to the medical institution, which amount is to be
30 computed by dividing the total number of days in the school
31 year into the sum paid for that student and multiplying the
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 result by the total number of days remaining in such school
2 year after such resignation or dismissal.
3 (4) Such institution is prohibited from expending any
4 of the sums received under the terms of this section for any
5 purposes whatsoever, except for the operation and maintenance
6 of a medical school and for medical research. The institution
7 is further prohibited from expending any sums received under
8 the terms of this section for the construction or erection of
9 any buildings of any kind, nature, or description or for the
10 maintenance and operation of a hospital in any form or manner
11 whatsoever.
12 Section 650. Part I.d. of chapter 1011, Florida
13 Statutes, shall be entitled "Florida School for the Deaf and
14 the Blind: Preparation, Adoption, and Implementation of
15 Budgets" and shall consist of ss. 1011.55-1011.57.
16 Section 651. Section 1011.55, Florida Statutes, is
17 created to read:
18 1011.55 Procedure for legislative budget requests for
19 the Florida School for the Deaf and the Blind.--
20 (1) The legislative budget request of the Florida
21 School for the Deaf and the Blind shall be prepared using the
22 same format, procedures, and timelines required for the
23 submission of the legislative budget of the Department of
24 Education. The Commissioner of Education shall include the
25 Florida School for the Deaf and the Blind in the department's
26 legislative budget request to the State Board of Education,
27 the Governor, and the Legislature. The legislative budget
28 request and the appropriation for the Florida School for the
29 Deaf and the Blind shall be a separate identifiable sum in the
30 public schools budget entity of the Department of Education.
31 The annual appropriation for the school shall be distributed
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 monthly in payments as nearly equal as possible.
2 Appropriations for textbooks, instructional technology, and
3 school buses may be released and distributed as necessary to
4 serve the instructional program for the students.
5 (2) Fixed capital outlay needs of the school shall
6 continue to be requested in the public education capital
7 outlay legislative budget request of the Department of
8 Education.
9 Section 652. Section 1011.56, Florida Statutes, is
10 created to read:
11 1011.56 Operating budget for the Florida School for
12 the Deaf and the Blind.--The president of the school shall
13 recommend to the board of trustees a budget of income and
14 expenditures at such time and in such form as the board of
15 trustees may prescribe. The board of trustees shall adopt
16 procedures for the approval of budget amendments.
17 Section 653. Section 1011.57, Florida Statutes, is
18 created to read:
19 1011.57 Florida School for the Deaf and the Blind;
20 board of trustees; management flexibility.--
21 (1) Notwithstanding the provisions of ss. 216.031,
22 216.181, and 216.262 to the contrary and pursuant to the
23 provisions of s. 216.351, but subject to any guidelines
24 imposed in the General Appropriations Act, funds for the
25 operation of the Florida School for the Deaf and the Blind
26 shall be requested and appropriated within budget entities,
27 program components, program categories, lump sums, or special
28 categories. Funds appropriated to the Florida School for the
29 Deaf and the Blind for each program category, lump sum, or
30 special category may be transferred to traditional categories
31 for expenditure by the board of trustees of the school. The
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1 board of trustees shall develop an annual operating budget
2 that allocates funds by program component and traditional
3 expenditure category.
4 (2) Notwithstanding the provisions of s. 216.181 and
5 pursuant to the provisions of s. 216.351, but subject to any
6 requirements imposed in the General Appropriations Act, no
7 lump-sum plan is required to implement the special categories,
8 program categories, or lump-sum appropriations. Upon release
9 of the special categories, program categories, or lump-sum
10 appropriations to the board of trustees, the Comptroller, upon
11 the request of the board of trustees, shall transfer or
12 reallocate funds to or among accounts established for
13 disbursement purposes. The board of trustees shall maintain
14 records to account for the original appropriation.
15 (3) Notwithstanding the provisions of ss. 216.031,
16 216.181, 216.251, and 216.262 to the contrary and pursuant to
17 the provisions of s. 216.351, but subject to any requirements
18 imposed in the General Appropriations Act, the board of
19 trustees shall establish the authorized positions and may
20 amend such positions, within the total funds authorized
21 annually in the appropriations act.
22 Section 654. Part II of chapter 1011, Florida
23 Statutes, shall be entitled "Funding for School Districts" and
24 shall consist of ss. 1011.60-1011.77.
25 Section 655. Section 1011.60, Florida Statutes, is
26 created to read:
27 1011.60 Minimum requirements of the Florida Education
28 Finance Program.--Each district which participates in the
29 state appropriations for the Florida Education Finance Program
30 shall provide evidence of its effort to maintain an adequate
31 school program throughout the district and shall meet at least
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Amendment No. ___ (for drafter's use only)
1 the following requirements:
2 (1) ACCOUNTS AND REPORTS.--Maintain adequate and
3 accurate records, including a system of internal accounts for
4 individual schools, and file with the Department of Education,
5 in correct and proper form on or before the date due as fixed
6 by law or rule, each annual or periodic report that is
7 required by rules of the State Board of Education.
8 (2) MINIMUM TERM.--Operate all schools for a term of
9 at least 180 actual teaching days as prescribed in s.
10 1003.01(14) or the equivalent on an hourly basis as specified
11 by rules of the State Board of Education each school year. The
12 State Board of Education may prescribe procedures for
13 altering, and, upon written application, may alter, this
14 requirement during a national, state, or local emergency as it
15 may apply to an individual school or schools in any district
16 or districts if, in the opinion of the board, it is not
17 feasible to make up lost days, and the apportionment may, at
18 the discretion of the Commissioner of Education and if the
19 board determines that the reduction of school days is caused
20 by the existence of a bona fide emergency, be reduced for such
21 district or districts in proportion to the decrease in the
22 length of term in any such school or schools. A strike, as
23 defined in s. 447.203(6), by employees of the school district
24 may not be considered an emergency.
25 (3) EMPLOYMENT POLICIES.--Adopt rules relating to the
26 appointment, promotion, transfer, suspension, and dismissal of
27 personnel.
28 (a) Such rules must conform to applicable law and
29 rules of the State Board of Education and must include the
30 duties and responsibilities of the district school
31 superintendent and school board pertaining to these and other
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 personnel matters.
2 (b) All personnel shall be paid in accordance with
3 payroll period schedules adopted by the school board and
4 included in the official salary schedule.
5 (c) No salary payment shall be paid to any employee in
6 advance of service being rendered.
7 (d) District school boards may authorize a maximum of
8 six paid legal holidays which shall apply to the 196 days of
9 service.
10 (e) Such rules may include reasonable time for
11 vacation and absences for further professional studies for
12 personnel employed on a 12-month basis.
13 (f) Such rules must require 12 calendar months of
14 service for such principals as prescribed by rules of the
15 State Board of Education and must require 10 months to include
16 not less than 196 days of service, excluding Sundays and other
17 holidays, for all members of the instructional staff, with any
18 such service on a 12-month basis to include reasonable
19 allowance for vacation or further study as prescribed by the
20 school board in accordance with rules of the State Board of
21 Education.
22 (4) SALARY SCHEDULES.--Expend funds for salaries in
23 accordance with a salary schedule or schedules adopted by the
24 school board in accordance with the provisions of law and
25 rules of the State Board of Education. Expenditures for
26 salaries of instructional personnel must include compensation
27 based on employee performance demonstrated under s. 1012.34.
28 (5) BUDGETS.--Observe fully at all times all
29 requirements of law and rules of the State Board of Education
30 relating to the preparation, adoption, and execution of
31 budgets for district school boards.
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1 (6) MINIMUM FINANCIAL EFFORT REQUIRED.--Make the
2 minimum financial effort required for the support of the
3 Florida Education Finance Program as prescribed in the current
4 year's General Appropriations Act.
5 (7) DISTRICT EDUCATIONAL PLANNING.--Maintain a system
6 of planning and evaluation as required by law.
7 (8) MINIMUM CLASSROOM EXPENDITURE
8 REQUIREMENTS.--Comply with the minimum classroom expenditure
9 requirements and associated reporting pursuant to s. 1011.64.
10 Section 656. Section 1011.61, Florida Statutes, is
11 created to read:
12 1011.61 Definitions.--Notwithstanding the provisions
13 of s. 1000.21, the following terms are defined as follows for
14 the purposes of the Florida Education Finance Program:
15 (1) A "full-time equivalent student" in each program
16 of the district is defined in terms of full-time students and
17 part-time students as follows:
18 (a) A "full-time student" is one student on the
19 membership roll of one school program or a combination of
20 school programs listed in s. 1011.62(1)(c) for the school year
21 or the equivalent for:
22 1. Instruction in a standard school, comprising not
23 less than 900 net hours for a student in or at the grade level
24 of 4 through 12, or not less than 720 net hours for a student
25 in or at the grade level of kindergarten through grade 3 or in
26 an authorized prekindergarten exceptional program;
27 2. Instruction in a double-session school or a school
28 utilizing an experimental school calendar approved by the
29 Department of Education, comprising not less than the
30 equivalent of 810 net hours in grades 4 through 12 or not less
31 than 630 net hours in kindergarten through grade 3; or
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Amendment No. ___ (for drafter's use only)
1 3. Instruction comprising the appropriate number of
2 net hours set forth in subparagraph 1. or subparagraph 2. for
3 students who, within the past year, have moved with their
4 parents for the purpose of engaging in the farm labor or fish
5 industries, if a plan furnishing such an extended school day
6 or week, or a combination thereof, has been approved by the
7 commissioner. Such plan may be approved to accommodate the
8 needs of migrant students only or may serve all students in
9 schools having a high percentage of migrant students. The plan
10 described in this subparagraph is optional for any school
11 district and is not mandated by the state.
12 (b) A "part-time student" is a student on the active
13 membership roll of a school program or combination of school
14 programs listed in s. 1011.62(1)(c) who is less than a
15 full-time student.
16 (c)1. A "full-time equivalent student" is:
17 a. A full-time student in any one of the programs
18 listed in s. 1011.62(1)(c); or
19 b. A combination of full-time or part-time students in
20 any one of the programs listed in s. 1011.62(1)(c) which is
21 the equivalent of one full-time student based on the following
22 calculations:
23 (I) A full-time student, except a postsecondary or
24 adult student or a senior high school student enrolled in
25 adult education when such courses are required for high school
26 graduation, in a combination of programs listed in s.
27 1011.62(1)(c) shall be a fraction of a full-time equivalent
28 membership in each special program equal to the number of net
29 hours per school year for which he or she is a member, divided
30 by the appropriate number of hours set forth in subparagraph
31 (a)1. or subparagraph (a)2. The difference between that
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 fraction or sum of fractions and the maximum value as set
2 forth in subsection (4) for each full-time student is presumed
3 to be the balance of the student's time not spent in such
4 special education programs and shall be recorded as time in
5 the appropriate basic program.
6 (II) A prekindergarten handicapped student shall meet
7 the requirements specified for kindergarten students.
8 2. A student in membership in a program scheduled for
9 more or less than 180 school days is a fraction of a full-time
10 equivalent membership equal to the number of instructional
11 hours in membership divided by the appropriate number of hours
12 set forth in subparagraph (a)1.; however, for the purposes of
13 this subparagraph, membership in programs scheduled for more
14 than 180 days is limited to students enrolled in juvenile
15 justice education programs.
16
17 The department shall determine and implement an equitable
18 method of equivalent funding for experimental schools and for
19 schools operating under emergency conditions, which schools
20 have been approved by the department to operate for less than
21 the minimum school day.
22 (2) A "full-time equivalent student" is a student in
23 grades 4 through 8 who is participating in a student-teacher
24 adviser program conducted during homeroom period, who is a
25 fraction of a full-time equivalent membership based on net
26 hours in the program, with a maximum of 36 net hours in any
27 fiscal year. Each district program shall be approved by the
28 Department of Education.
29 (3) For the purpose of calculating the "current
30 operation program," a student is in membership until he or she
31 withdraws or until the close of the 11th consecutive school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 day of his or her absence, whichever comes first.
2 (4) The maximum value for funding a student in
3 kindergarten through grade 12 or in a prekindergarten program
4 for exceptional children as provided in s. 1003.21(1)(e),
5 except for a student as set forth in sub-sub-subparagraph
6 (1)(c)1.b.(I), is one full-time equivalent student membership
7 for a school year or equivalent.
8 (5) The "Florida Education Finance Program" includes
9 all programs and costs as provided in s. 1011.62.
10 (6) "Basic programs" include, but are not limited to,
11 language arts, mathematics, art, music, physical education,
12 science, and social studies.
13 Section 657. Section 1011.62, Florida Statutes, is
14 created to read:
15 1011.62 Funds for operation of schools.--If the annual
16 allocation from the Florida Education Finance Program to each
17 district for operation of schools is not determined in the
18 annual appropriations act or the substantive bill implementing
19 the annual appropriations act, it shall be determined as
20 follows:
21 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
22 OPERATION.--The following procedure shall be followed in
23 determining the annual allocation to each district for
24 operation:
25 (a) Determination of full-time equivalent
26 membership.--During each of several school weeks, including
27 scheduled intersessions of a year-round school program during
28 the fiscal year, a program membership survey of each school
29 shall be made by each district by aggregating the full-time
30 equivalent student membership of each program by school and by
31 district. The department shall establish the number and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 interval of membership calculations, except that for basic and
2 special programs such calculations shall not exceed nine for
3 any fiscal year. The district's full-time equivalent
4 membership shall be computed and currently maintained in
5 accordance with regulations of the commissioner.
6 (b) Determination of base student allocation.--The
7 base student allocation for the Florida Education Finance
8 Program for kindergarten through grade 12 shall be determined
9 annually by the Legislature and shall be that amount
10 prescribed in the current year's General Appropriations Act.
11 (c) Determination of programs.--Cost factors based on
12 desired relative cost differences between the following
13 programs shall be established in the annual General
14 Appropriations Act. The Commissioner of Education shall
15 specify a matrix of services and intensity levels to be used
16 by districts in the determination of the two weighted cost
17 factors for exceptional students with the highest levels of
18 need. For these students, the funding support level shall fund
19 the exceptional students' education program, with the
20 exception of extended school year services for students with
21 disabilities.
22 1. Basic programs.--
23 a. Kindergarten and grades 1, 2, and 3.
24 b. Grades 4, 5, 6, 7, and 8.
25 c. Grades 9, 10, 11, and 12.
26 2. Programs for exceptional students.--
27 a. Support Level IV.
28 b. Support Level V.
29 3. Secondary career and technical education
30 programs.--
31 4. English for Speakers of Other Languages.--
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) Annual allocation calculation.--
2 1. The Department of Education is authorized and
3 directed to review all district programs and enrollment
4 projections and calculate a maximum total weighted full-time
5 equivalent student enrollment for each district for the K-12
6 FEFP.
7 2. Maximum enrollments calculated by the department
8 shall be derived from enrollment estimates used by the
9 Legislature to calculate the FEFP. If two or more districts
10 enter into an agreement under the provisions of s.
11 1001.42(4)(d), after the final enrollment estimate is agreed
12 upon, the amount of FTE specified in the agreement, not to
13 exceed the estimate for the specific program as identified in
14 paragraph (c), may be transferred from the participating
15 districts to the district providing the program.
16 3. As part of its calculation of each district's
17 maximum total weighted full-time equivalent student
18 enrollment, the department shall establish separate enrollment
19 ceilings for each of two program groups. Group 1 shall be
20 composed of basic programs for grades K-3, grades 4-8, and
21 grades 9-12. Group 2 shall be composed of students in
22 exceptional student education programs, English for Speakers
23 of Other Languages programs, and all career and technical
24 programs in grades 7-12.
25 a. The weighted enrollment ceiling for group 2
26 programs shall be calculated by multiplying the final
27 enrollment conference estimate for each program by the
28 appropriate program weight. The weighted enrollment ceiling
29 for program group 2 shall be the sum of the weighted
30 enrollment ceilings for each program in the program group,
31 plus the increase in weighted full-time equivalent student
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 membership from the prior year for clients of the Department
2 of Children and Family Services and the Department of Juvenile
3 Justice.
4 b. If, for any calculation of the FEFP, the weighted
5 enrollment for program group 2, derived by multiplying actual
6 enrollments by appropriate program weights, exceeds the
7 enrollment ceiling for that group, the following procedure
8 shall be followed to reduce the weighted enrollment for that
9 group to equal the enrollment ceiling:
10 (I) The weighted enrollment ceiling for each program
11 in the program group shall be subtracted from the weighted
12 enrollment for that program derived from actual enrollments.
13 (II) If the difference calculated under
14 sub-sub-subparagraph (I) is greater than zero for any program,
15 a reduction proportion shall be computed for the program by
16 dividing the absolute value of the difference by the total
17 amount by which the weighted enrollment for the program group
18 exceeds the weighted enrollment ceiling for the program group.
19 (III) The reduction proportion calculated under
20 sub-sub-subparagraph (II) shall be multiplied by the total
21 amount of the program group's enrollment over the ceiling as
22 calculated under sub-sub-subparagraph (I).
23 (IV) The prorated reduction amount calculated under
24 sub-sub-subparagraph (III) shall be subtracted from the
25 program's weighted enrollment. For any calculation of the
26 FEFP, the enrollment ceiling for group 1 shall be calculated
27 by multiplying the actual enrollment for each program in the
28 program group by its appropriate program weight.
29 c. For program group 2, the weighted enrollment
30 ceiling shall be a number not less than the sum obtained by:
31 (I) Multiplying the sum of reported FTE for all
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 programs in the program group that have a cost factor of 1.0
2 or more by 1.0, and
3 (II) By adding this number to the sum obtained by
4 multiplying the projected FTE for all programs with a cost
5 factor less than 1.0 by the actual cost factor.
6 4. Following completion of the weighted enrollment
7 ceiling calculation as provided in subparagraph 3., a
8 supplemental capping calculation shall be employed for those
9 districts that are over their weighted enrollment ceiling. For
10 each such district, the total reported unweighted FTE
11 enrollment for group 2 programs shall be compared with the
12 total appropriated unweighted FTE enrollment for group 2
13 programs. If the total reported unweighted FTE for group 2 is
14 greater than the appropriated unweighted FTE, then the excess
15 unweighted FTE up to the unweighted FTE transferred from group
16 2 to group 1 for each district by the Public School FTE
17 Estimating Conference shall be funded at a weight of 1.0 and
18 added to the funded weighted FTE computed in subparagraph 3.
19 (e) Funding model for exceptional student education
20 programs.--
21 1.a. The funding model uses basic, at-risk, support
22 levels IV and V for exceptional students and career and
23 technical Florida Education Finance Program cost factors, and
24 a guaranteed allocation for exceptional student education
25 programs. Exceptional education cost factors are determined by
26 using a matrix of services to document the services that each
27 exceptional student will receive. The nature and intensity of
28 the services indicated on the matrix shall be consistent with
29 the services described in each exceptional student's
30 individual educational plan.
31 b. In order to generate funds using one of the two
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 weighted cost factors, a matrix of services must be completed
2 at the time of the student's initial placement into an
3 exceptional student education program and at least once every
4 3 years by personnel who have received approved training.
5 Nothing listed in the matrix shall be construed as limiting
6 the services a school district must provide in order to ensure
7 that exceptional students are provided a free, appropriate
8 public education.
9 c. Students identified as exceptional, in accordance
10 with chapter 6A-6, Florida Administrative Code, who do not
11 have a matrix of services as specified in sub-subparagraph b.
12 shall generate funds on the basis of full-time-equivalent
13 student membership in the Florida Education Finance Program at
14 the same funding level per student as provided for basic
15 students. Additional funds for these exceptional students will
16 be provided through the guaranteed allocation designated in
17 subparagraph 2.
18 2. For students identified as exceptional who do not
19 have a matrix of services, there is created a guaranteed
20 allocation to provide these students with a free appropriate
21 public education, in accordance with s. 1001.42(4)(m) and
22 rules of the State Board of Education, which shall be
23 allocated annually to each school district in the amount
24 provided in the General Appropriations Act. These funds shall
25 be in addition to the funds appropriated on the basis of FTE
26 student membership in the Florida Education Finance Program,
27 and the amount allocated for each school district shall not be
28 recalculated during the year. These funds shall be used to
29 provide special education and related services for exceptional
30 students.
31 (f) Supplemental academic instruction; categorical
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 fund.--
2 1. There is created a categorical fund to provide
3 supplemental academic instruction to students in kindergarten
4 through grade 12. This paragraph may be cited as the
5 "Supplemental Academic Instruction Categorical Fund."
6 2. Categorical funds for supplemental academic
7 instruction shall be allocated annually to each school
8 district in the amount provided in the General Appropriations
9 Act. These funds shall be in addition to the funds
10 appropriated on the basis of FTE student membership in the
11 Florida Education Finance Program and shall be included in the
12 total potential funds of each district. These funds shall be
13 used to provide supplemental academic instruction to students
14 enrolled in the K-12 program. Supplemental instruction
15 strategies may include, but are not limited to: modified
16 curriculum, reading instruction, after-school instruction,
17 tutoring, mentoring, class size reduction, extended school
18 year, intensive skills development in summer school, and other
19 methods for improving student achievement. Supplemental
20 instruction may be provided to a student in any manner and at
21 any time during or beyond the regular 180-day term identified
22 by the school as being the most effective and efficient way to
23 best help that student progress from grade to grade and to
24 graduate.
25 3. Effective with the 1999-2000 fiscal year, funding
26 on the basis of FTE membership beyond the 180-day regular term
27 shall be provided in the FEFP only for students enrolled in
28 juvenile justice education programs. Funding for instruction
29 beyond the regular 180-day school year for all other K-12
30 students shall be provided through the supplemental academic
31 instruction categorical fund and other state, federal, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 local fund sources with ample flexibility for schools to
2 provide supplemental instruction to assist students in
3 progressing from grade to grade and graduating.
4 4. The Florida State University School, as a
5 developmental research school, is authorized to expend from
6 its FEFP or Lottery Enhancement Trust Fund allocation the cost
7 to the student of remediation in reading, writing, or
8 mathematics for any graduate who requires remediation at a
9 postsecondary educational institution.
10 5. Beginning in the 1999-2000 school year, dropout
11 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
12 (b), and (c), and 1003.54 shall be included in Group 1
13 programs under subparagraph (1)(d)3.
14 (g) Education for speakers of other languages.--A
15 school district shall be eligible to report full-time
16 equivalent student membership in the ESOL program in the
17 Florida Education Finance Program provided the following
18 conditions are met:
19 1. The school district has a plan approved by the
20 Department of Education.
21 2. The eligible student is identified and assessed as
22 limited English proficient based on assessment criteria.
23 3.a. An eligible student may be reported for funding
24 in the ESOL program for a base period of 3 years. However, a
25 student whose English competency does not meet the criteria
26 for proficiency after 3 years in the ESOL program may be
27 reported for a fourth, fifth, and sixth year of funding,
28 provided his or her limited English proficiency is assessed
29 and properly documented prior to his or her enrollment in each
30 additional year beyond the 3-year base period.
31 b. If a student exits the program and is later
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reclassified as limited English proficient, the student may be
2 reported in the ESOL program for funding for an additional
3 year, or extended annually for a period not to exceed a total
4 of 6 years pursuant to this paragraph, based on an annual
5 evaluation of the student's status.
6 4. An eligible student may be reported for funding in
7 the ESOL program for membership in ESOL instruction in English
8 and ESOL instruction or home language instruction in the basic
9 subject areas of mathematics, science, social studies, and
10 computer literacy.
11 (h) Small, isolated high schools.--Districts which
12 levy the maximum nonvoted discretionary millage, exclusive of
13 millage for capital outlay purposes levied pursuant to s.
14 1011.71(2), may calculate full-time equivalent students for
15 small, isolated high schools by multiplying the number of
16 unweighted full-time equivalent students times 2.75; provided
17 the percentage of students at such school passing both parts
18 of the high school competency test, as defined by law and
19 rule, has been equal to or higher than such percentage for the
20 state or district, whichever is greater. For the purpose of
21 this section, the term "small, isolated high school" means any
22 high school which is located no less than 28 miles by the
23 shortest route from another high school; which has been
24 serving students primarily in basic studies provided by
25 sub-subparagraphs (c)1.b. and c. and may include subparagraph
26 (c)4.; and which has a membership of no more than 100
27 students, but no fewer than 28 students, in grades 9 through
28 12.
29 (i) Calculation of full-time equivalent membership
30 with respect to instruction from community colleges or state
31 universities.--Students enrolled in community college or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 university dual enrollment instruction pursuant to s. 1007.271
2 may be included in calculations of full-time equivalent
3 student memberships for basic programs for grades 9 through 12
4 by a district school board. Such students may also be
5 calculated as the proportional shares of full-time equivalent
6 enrollments they generate for the community college or
7 university conducting the dual enrollment instruction. Early
8 admission students shall be considered dual enrollments for
9 funding purposes. Students may be enrolled in dual enrollment
10 instruction provided by an eligible independent college or
11 university and may be included in calculations of full-time
12 equivalent student memberships for basic programs for grades 9
13 through 12 by a district school board. However, those
14 provisions of law which exempt dual enrolled and early
15 admission students from payment of instructional materials and
16 tuition and fees, including laboratory fees, shall not apply
17 to students who select the option of enrolling in an eligible
18 independent institution. An independent college or university
19 which is located and chartered in Florida, is not for profit,
20 is accredited by the Commission on Colleges of the Southern
21 Association of Colleges and Schools or the Accrediting
22 Commission of the Association of Independent Colleges and
23 Schools, and which confers degrees as defined in s. 1005.02
24 shall be eligible for inclusion in the dual enrollment or
25 early admission program. Students enrolled in dual enrollment
26 instruction shall be exempt from the payment of tuition and
27 fees, including laboratory fees. No student enrolled in
28 college credit mathematics or English dual enrollment
29 instruction shall be funded as a dual enrollment unless the
30 student has successfully completed the relevant section of the
31 entry-level examination required pursuant to s. 1008.30.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (j) Coenrollment.--If a high school student wishes to
2 earn high school credits from a community college and enrolls
3 in one or more adult secondary education courses at the
4 community college, the community college shall be reimbursed
5 for the costs incurred because of the high school student's
6 coenrollment as provided in the General Appropriations Act.
7 (k) Instruction in exploratory career
8 education.--Students in grades 7 through 12 who are enrolled
9 for more than four semesters in exploratory career education
10 may not be counted as full-time equivalent students for this
11 instruction.
12 (l) Calculation of additional full-time equivalent
13 membership based on international baccalaureate examination
14 scores of students.--A value of 0.24 full-time equivalent
15 student membership shall be calculated for each student
16 enrolled in an international baccalaureate course who receives
17 a score of 4 or higher on a subject examination. A value of
18 0.3 full-time equivalent student membership shall be
19 calculated for each student who receives an international
20 baccalaureate diploma. Such value shall be added to the total
21 full-time equivalent student membership in basic programs for
22 grades 9 through 12 in the subsequent fiscal year. The school
23 district shall distribute to each classroom teacher who
24 provided international baccalaureate instruction:
25 1. A bonus in the amount of $50 for each student
26 taught by the International Baccalaureate teacher in each
27 international baccalaureate course who receives a score of 4
28 or higher on the international baccalaureate examination.
29 2. An additional bonus of $500 to each International
30 Baccalaureate teacher in a school designated performance grade
31 category "D" or "F" who has at least one student scoring 4 or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 higher on the international baccalaureate examination,
2 regardless of the number of classes taught or of the number of
3 students scoring a 4 or higher on the international
4 baccalaureate examination.
5
6 Bonuses awarded to a teacher according to this paragraph shall
7 not exceed $2,000 in any given school year and shall be in
8 addition to any regular wage or other bonus the teacher
9 received or is scheduled to receive.
10 (m) Calculation of additional full-time equivalent
11 membership based on Advanced International Certificate of
12 Education examination scores of students.--A value of 0.24
13 full-time equivalent student membership shall be calculated
14 for each student enrolled in a full-credit Advanced
15 International Certificate of Education course who receives a
16 score of 2 or higher on a subject examination. A value of 0.12
17 full-time equivalent student membership shall be calculated
18 for each student enrolled in a half-credit Advanced
19 International Certificate of Education course who receives a
20 score of 1 or higher on a subject examination. A value of 0.3
21 full-time equivalent student membership shall be calculated
22 for each student who received an Advanced International
23 Certificate of Education diploma. Such value shall be added to
24 the total full-time equivalent student membership in basic
25 programs for grades 9 through 12 in the subsequent fiscal
26 year. The school district shall distribute to each classroom
27 teacher who provided Advanced International Certificate of
28 Education instruction:
29 1. A bonus in the amount of $50 for each student
30 taught by the Advanced International Certificate of Education
31 teacher in each full-credit Advanced International Certificate
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of Education course who receives a score of 2 or higher on the
2 Advanced International Certificate of Education examination. A
3 bonus in the amount of $25 for each student taught by the
4 Advanced International Certificate of Education teacher in
5 each half-credit Advanced International Certificate of
6 Education course who receives a score of 1 or higher on the
7 Advanced International Certificate of Education examination.
8 2. An additional bonus of $500 to each Advanced
9 International Certificate of Education teacher in a school
10 designated performance grade category "D" or "F" who has at
11 least one student scoring 2 or higher on the full-credit
12 Advanced International Certificate of Education examination,
13 regardless of the number of classes taught or of the number of
14 students scoring a 2 or higher on the full-credit Advanced
15 International Certificate of Education examination.
16 3. Additional bonuses of $250 each to teachers of
17 half-credit Advanced International Certificate of Education
18 classes in a school designated performance grade category "D"
19 or "F" which has at least one student scoring a 1 or higher on
20 the half-credit Advanced International Certificate of
21 Education examination in that class. The maximum additional
22 bonus for a teacher awarded in accordance with this
23 subparagraph shall not exceed $500 in any given school year.
24 Teachers receiving an award under subparagraph 2. are not
25 eligible for a bonus under this subparagraph.
26
27 Bonuses awarded to a teacher according to this paragraph shall
28 not exceed $2,000 in any given school year and shall be in
29 addition to any regular wage or other bonus the teacher
30 received or is scheduled to receive.
31 (n) Calculation of additional full-time equivalent
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 membership based on college board advanced placement scores of
2 students.--A value of 0.24 full-time equivalent student
3 membership shall be calculated for each student in each
4 advanced placement course who receives a score of 3 or higher
5 on the College Board Advanced Placement Examination for the
6 prior year and added to the total full-time equivalent student
7 membership in basic programs for grades 9 through 12 in the
8 subsequent fiscal year. Each district must allocate at least
9 80 percent of the funds provided to the district for advanced
10 placement instruction, in accordance with this paragraph, to
11 the high school that generates the funds. The school district
12 shall distribute to each classroom teacher who provided
13 advanced placement instruction:
14 1. A bonus in the amount of $50 for each student
15 taught by the Advanced Placement teacher in each advanced
16 placement course who receives a score of 3 or higher on the
17 College Board Advanced Placement Examination.
18 2. An additional bonus of $500 to each Advanced
19 Placement teacher in a school designated performance grade
20 category "D" or "F" who has at least one student scoring 3 or
21 higher on the College Board Advanced Placement Examination,
22 regardless of the number of classes taught or of the number of
23 students scoring a 3 or higher on the College Board Advanced
24 Placement Examination.
25
26 Bonuses awarded to a teacher according to this paragraph shall
27 not exceed $2,000 in any given school year and shall be in
28 addition to any regular wage or other bonus the teacher
29 received or is scheduled to receive.
30 (o) Year-round-school programs.--The Commissioner of
31 Education is authorized to adjust student eligibility
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 definitions, funding criteria, and reporting requirements of
2 statutes and rules in order that year-round-school programs
3 may achieve equivalent application of funding requirements
4 with non-year-round-school programs.
5 (p) Extended-school-year program.--It is the intent of
6 the Legislature that students be provided additional
7 instruction by extending the school year to 210 days or more.
8 Districts may apply to the Commissioner of Education for funds
9 to be used in planning and implementing an
10 extended-school-year program. The Department of Education
11 shall recommend to the Legislature the policies necessary for
12 full implementation of an extended school year.
13 (q) Determination of the basic amount for current
14 operation.--The basic amount for current operation to be
15 included in the Florida Education Finance Program for
16 kindergarten through grade 12 for each district shall be the
17 product of the following:
18 1. The full-time equivalent student membership in each
19 program, multiplied by
20 2. The cost factor for each program, adjusted for the
21 maximum as provided by paragraph (c), multiplied by
22 3. The base student allocation.
23 (r) Computation for funding through the Florida
24 Education Finance Program.--The State Board of Education may
25 adopt rules establishing programs and courses for which the
26 student may earn credit toward high school graduation.
27 (2) DETERMINATION OF DISTRICT COST DIFFERENTIALS.--The
28 Commissioner of Education shall annually compute for each
29 district the current year's district cost differential. The
30 district cost differential shall be calculated by adding each
31 district's price level index as published in the Florida Price
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Level Index for the most recent 3 years and dividing the
2 resulting sum by 3. The result for each district shall be
3 multiplied by 0.008 and to the resulting product shall be
4 added 0.200; the sum thus obtained shall be the cost
5 differential for that district for that year.
6 (3) INSERVICE EDUCATIONAL PERSONNEL TRAINING
7 EXPENDITURE.--Of the amount computed in subsections (1) and
8 (2), a percentage of the base student allocation per full-time
9 equivalent student or other funds shall be expended for
10 educational training programs as determined by the district
11 school board as provided in s. 1012.98.
12 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL
13 EFFORT.--The Legislature shall prescribe the aggregate
14 required local effort for all school districts collectively as
15 an item in the General Appropriations Act for each fiscal
16 year. The amount that each district shall provide annually
17 toward the cost of the Florida Education Finance Program for
18 kindergarten through grade 12 programs shall be calculated as
19 follows:
20 (a) Estimated taxable value calculations.--
21 1.a. Not later than 2 working days prior to July 19,
22 the Department of Revenue shall certify to the Commissioner of
23 Education its most recent estimate of the taxable value for
24 school purposes in each school district and the total for all
25 school districts in the state for the current calendar year
26 based on the latest available data obtained from the local
27 property appraisers. Not later than July 19, the Commissioner
28 of Education shall compute a millage rate, rounded to the next
29 highest one one-thousandth of a mill, which, when applied to
30 95 percent of the estimated state total taxable value for
31 school purposes, would generate the prescribed aggregate
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 required local effort for that year for all districts. The
2 Commissioner of Education shall certify to each district
3 school board the millage rate, computed as prescribed in this
4 subparagraph, as the minimum millage rate necessary to provide
5 the district required local effort for that year.
6 b. The General Appropriations Act shall direct the
7 computation of the statewide adjusted aggregate amount for
8 required local effort for all school districts collectively
9 from ad valorem taxes to ensure that no school district's
10 revenue from required local effort millage will produce more
11 than 90 percent of the district's total Florida Education
12 Finance Program calculation, and the adjustment of the
13 required local effort millage rate of each district that
14 produces more than 90 percent of its total Florida Education
15 Finance Program entitlement to a level that will produce only
16 90 percent of its total Florida Education Finance Program
17 entitlement in the July calculation.
18 2. As revised data are received from property
19 appraisers, the Department of Revenue shall amend the
20 certification of the estimate of the taxable value for school
21 purposes. The Commissioner of Education, in administering the
22 provisions of subparagraph (9)(a)2., shall use the most recent
23 taxable value for the appropriate year.
24 (b) Final calculation.--
25 1. The Department of Revenue shall, upon receipt of
26 the official final assessed value of property from each of the
27 property appraisers, certify to the Commissioner of Education
28 the taxable value total for school purposes in each school
29 district, subject to the provisions of paragraph (d). The
30 commissioner shall use the official final taxable value for
31 school purposes for each school district in the final
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 calculation of the annual Florida Education Finance Program
2 allocations.
3 2. For the purposes of this paragraph, the official
4 final taxable value for school purposes shall be the taxable
5 value for school purposes on which the tax bills are computed
6 and mailed to the taxpayers, adjusted to reflect final
7 administrative actions of value adjustment boards and judicial
8 decisions pursuant to part I of chapter 194. By September 1 of
9 each year, the Department of Revenue shall certify to the
10 commissioner the official prior year final taxable value for
11 school purposes. For each county that has not submitted a
12 revised tax roll reflecting final value adjustment board
13 actions and final judicial decisions, the Department of
14 Revenue shall certify the most recent revision of the official
15 taxable value for school purposes. The certified value shall
16 be the final taxable value for school purposes, and no further
17 adjustments shall be made, except those made pursuant to
18 subparagraph (9)(a)2.
19 (c) Equalization of required local effort.--
20 1. The Department of Revenue shall include with its
21 certifications provided pursuant to paragraph (a) its most
22 recent determination of the assessment level of the prior
23 year's assessment roll for each county and for the state as a
24 whole.
25 2. The Commissioner of Education shall adjust the
26 required local effort millage of each district for the current
27 year, computed pursuant to paragraph (a), as follows:
28 a. The equalization factor for the prior year's
29 assessment roll of each district shall be multiplied by 95
30 percent of the taxable value for school purposes shown on that
31 roll and by the prior year's required local-effort millage,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 exclusive of any equalization adjustment made pursuant to this
2 paragraph. The dollar amount so computed shall be the
3 additional required local effort for equalization for the
4 current year.
5 b. Such equalization factor shall be computed as the
6 quotient of the prior year's assessment level of the state as
7 a whole divided by the prior year's assessment level of the
8 county, from which quotient shall be subtracted 1.
9 c. The dollar amount of additional required local
10 effort for equalization for each district shall be converted
11 to a millage rate, based on 95 percent of the current year's
12 taxable value for that district, and added to the required
13 local effort millage determined pursuant to paragraph (a).
14 3. Notwithstanding the limitations imposed pursuant to
15 s. 1011.71(1), the total required local-effort millage,
16 including additional required local effort for equalization,
17 shall be an amount not to exceed 10 minus the maximum millage
18 allowed as nonvoted discretionary millage, exclusive of
19 millage authorized pursuant to s. 1011.71(2). Nothing herein
20 shall be construed to allow a millage in excess of that
21 authorized in s. 9, Art. VII of the State Constitution.
22 4. For the purposes of this chapter, the term
23 "assessment level" means the value-weighted mean assessment
24 ratio for the county or state as a whole, as determined
25 pursuant to s. 195.096, or as subsequently adjusted. In the
26 event a court has adjudicated that the department failed to
27 establish an accurate estimate of an assessment level of a
28 county and recomputation resulting in an accurate estimate
29 based upon the evidence before the court was not possible,
30 that county shall be presumed to have an assessment level
31 equal to that of the state as a whole.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 5. If, in the prior year, taxes were levied against an
2 interim assessment roll pursuant to s. 193.1145, the
3 assessment level and prior year's nonexempt assessed valuation
4 used for the purposes of this paragraph shall be those of the
5 interim assessment roll.
6 (d) Exclusion.--
7 1. In those instances in which:
8 a. There is litigation either attacking the authority
9 of the property appraiser to include certain property on the
10 tax assessment roll as taxable property or contesting the
11 assessed value of certain property on the tax assessment roll,
12 and
13 b. The assessed value of the property in contest
14 involves more than 6 percent of the total nonexempt assessment
15 roll, the plaintiff shall provide to the district school board
16 of the county in which the property is located and to the
17 Department of Education a certified copy of the petition and
18 receipt for the good faith payment at the time they are filed
19 with the court.
20 2. For purposes of computing the required local effort
21 for each district affected by such petition, the Department of
22 Education shall exclude from the district's total nonexempt
23 assessment roll the assessed value of the property in contest
24 and shall add the amount of the good faith payment to the
25 district's required local effort.
26 (e) Recomputation.--Following final adjudication of
27 any litigation on the basis of which an adjustment in taxable
28 value was made pursuant to paragraph (d), the department shall
29 recompute the required local effort for each district for each
30 year affected by such adjustments, utilizing taxable values
31 approved by the court, and shall adjust subsequent allocations
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to such districts accordingly.
2 (5) CATEGORICAL FUNDS.--
3 (a) In addition to the basic amount for current
4 operations for the FEFP as determined in subsection (1) the
5 Legislature may appropriate categorical funding for specified
6 programs, activities, or purposes.
7 (b) If a district school board finds and declares in a
8 resolution adopted at a regular meeting of the school board
9 that the funds received for any of the following categorical
10 appropriations are urgently needed to maintain school board
11 specified academic classroom instruction, the school board may
12 consider and approve an amendment to the school district
13 operating budget transferring the identified amount of the
14 categorical funds to the appropriate account for expenditure:
15 1. Funds for student transportation.
16 2. Funds for in-service educational personnel
17 training.
18 3. Funds for safe schools.
19 4. Funds for public school technology.
20 5. Funds for teacher recruitment and retention.
21 6. Funds for supplemental academic instruction.
22 (c) Each district school board shall include in its
23 annual financial report to the Department of Education the
24 amount of funds the school board transferred from each of the
25 categorical funds identified in this subsection and the
26 specific academic classroom instruction for which the
27 transferred funds were expended. The Department of Education
28 shall provide instructions and specify the format to be used
29 in submitting this required information as a part of the
30 district annual financial report.
31 (6) DETERMINATION OF SPARSITY SUPPLEMENT.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) Annually, in an amount to be determined by the
2 Legislature through the General Appropriations Act, there
3 shall be added to the basic amount for current operation of
4 the FEFP qualified districts a sparsity supplement which shall
5 be computed as follows:
6
7 1101.8918
8 Sparsity Factor = 2700 + district - 0.1101
9 sparsity
10 index
11
12 except that districts with a sparsity index of 1,000 or less
13 shall be computed as having a sparsity index of 1,000, and
14 districts having a sparsity index of 7,308 and above shall be
15 computed as having a sparsity factor of zero. A qualified
16 district's full-time equivalent student membership shall equal
17 or be less than that prescribed annually by the Legislature in
18 the appropriations act. The amount prescribed annually by the
19 Legislature shall be no less than 17,000, but no more than
20 24,000.
21 (b) The district sparsity index shall be computed by
22 dividing the total number of full-time equivalent students in
23 all programs in the district by the number of senior high
24 school centers in the district, not in excess of three, which
25 centers are approved as permanent centers by a survey made by
26 the Department of Education.
27 (c) Each district's allocation of sparsity supplement
28 funds shall be adjusted in the following manner:
29 1. A maximum discretionary levy per FTE value for each
30 district shall be calculated by dividing the value of each
31 district's maximum discretionary levy by its FTE student
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 count;
2 2. A state average discretionary levy value per FTE
3 shall be calculated by dividing the total maximum
4 discretionary levy value for all districts by the state total
5 FTE student count;
6 3. For districts that have a levy value per FTE as
7 calculated in subparagraph 1. higher than the state average
8 calculated in subparagraph 2., a sparsity wealth adjustment
9 shall be calculated as the product of the difference between
10 the state average levy value per FTE calculated in
11 subparagraph 2. and the district's levy value per FTE
12 calculated in subparagraph 1. and the district's FTE student
13 count and -1;
14 4. Each district's sparsity supplement allocation
15 shall be calculated by adding the amount calculated as
16 specified in paragraphs (a) and (b) and the wealth adjustment
17 amount calculated in this paragraph.
18 (7) DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In
19 those districts where there is a decline between prior year
20 and current year unweighted FTE students, 50 percent of the
21 decline in the unweighted FTE students shall be multiplied by
22 the prior year calculated FEFP per unweighted FTE student and
23 shall be added to the allocation for that district. For this
24 purpose, the calculated FEFP shall be computed by multiplying
25 the weighted FTE students by the base student allocation and
26 then by the district cost differential. If a district
27 transfers a program to another institution not under the
28 authority of the district's school board, including a charter
29 technical career center, the decline is to be multiplied by a
30 factor of 0.15.
31 (8) QUALITY ASSURANCE GUARANTEE.--The Legislature may
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 annually in the General Appropriations Act determine a
2 percentage increase in funds per K-12 unweighted FTE as a
3 minimum guarantee to each school district. The guarantee shall
4 be calculated from prior year base funding per unweighted FTE
5 student which shall include the adjusted FTE dollars as
6 provided in subsection (9), quality guarantee funds, and
7 actual nonvoted discretionary local effort from taxes. From
8 the base funding per unweighted FTE, the increase shall be
9 calculated for the current year. The current year funds from
10 which the guarantee shall be determined shall include the
11 adjusted FTE dollars as provided in subsection (9) and
12 potential nonvoted discretionary local effort from taxes. A
13 comparison of current year funds per unweighted FTE to prior
14 year funds per unweighted FTE shall be computed. For those
15 school districts which have less than the legislatively
16 assigned percentage increase, funds shall be provided to
17 guarantee the assigned percentage increase in funds per
18 unweighted FTE student. Should appropriated funds be less than
19 the sum of this calculated amount for all districts, the
20 commissioner shall prorate each district's allocation. This
21 provision shall be implemented to the extent specifically
22 funded.
23 (9) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
24 FOR CURRENT OPERATION.--The total annual state allocation to
25 each district for current operation for the FEFP shall be
26 distributed periodically in the manner prescribed in the
27 General Appropriations Act.
28 (a) The basic amount for current operation for the
29 FEFP as determined in subsection (1), multiplied by the
30 district cost differential factor as determined in subsection
31 (2), plus the amounts provided for categorical components
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 within the FEFP, plus the amount for the sparsity supplement
2 as determined in subsection (6), the decline in full-time
3 equivalent students as determined in subsection (7), and the
4 quality assurance guarantee as determined in subsection (8),
5 less the required local effort as determined in subsection
6 (4). If the funds appropriated for the purpose of funding the
7 total amount for current operation as provided in this
8 paragraph are not sufficient to pay the state requirement in
9 full, the department shall prorate the available state funds
10 to each district in the following manner:
11 1. Determine the percentage of proration by dividing
12 the sum of the total amount for current operation, as provided
13 in this paragraph for all districts collectively, and the
14 total district required local effort into the sum of the state
15 funds available for current operation and the total district
16 required local effort.
17 2. Multiply the percentage so determined by the sum of
18 the total amount for current operation as provided in this
19 paragraph and the required local effort for each individual
20 district.
21 3. From the product of such multiplication, subtract
22 the required local effort of each district; and the remainder
23 shall be the amount of state funds allocated to the district
24 for current operation.
25 (b) The amount thus obtained shall be the net annual
26 allocation to each school district. However, if it is
27 determined that any school district received an
28 underallocation or overallocation for any prior year because
29 of an arithmetical error, assessment roll change, full-time
30 equivalent student membership error, or any allocation error
31 revealed in an audit report, the allocation to that district
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be appropriately adjusted. If the Department of
2 Education audit adjustment recommendation is based upon
3 controverted findings of fact, the Commissioner of Education
4 is authorized to establish the amount of the adjustment based
5 on the best interests of the state.
6 (c) The amount thus obtained shall represent the net
7 annual state allocation to each district; however,
8 notwithstanding any of the provisions herein, each district
9 shall be guaranteed a minimum level of funding in the amount
10 and manner prescribed in the General Appropriations Act.
11 Section 658. Section 1011.64, Florida Statutes, is
12 created to read:
13 1011.64 School district minimum classroom expenditure
14 requirements.--
15 (1) The Legislature may require any school district
16 that fails to meet minimum academic performance standards to
17 increase emphasis on classroom instruction activities from
18 operating funds, including, but not limited to, those provided
19 for the operation of schools pursuant to s. 1011.62.
20 (2) For the purpose of implementing the provisions of
21 this section, the Legislature shall prescribe minimum academic
22 performance standards and minimum classroom expenditure
23 requirements for districts not meeting such minimum academic
24 performance standards in the General Appropriations Act.
25 (a) Minimum academic performance standards may be
26 based on, but are not limited to, district performance grades
27 determined pursuant to s. 1008.34(8).
28 (b) School district minimum classroom expenditure
29 requirements shall be calculated pursuant to subsection (3).
30 (3)(a) Annually the Department of Education shall
31 calculate for each school district:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. Total K-12 operating expenditures, which are
2 defined as the amount of total general fund expenditures for
3 K-12 programs as reported in accordance with the accounts and
4 codes prescribed in the most recent issuance of the Department
5 of Education publication entitled "Financial and Program Cost
6 Accounting and Reporting for Florida Schools" and as included
7 in the most recent annual financial report submitted to the
8 Commissioner of Education, less the student transportation
9 revenue allocation from the state appropriation for that
10 purpose, amounts transferred to other funds, and increases to
11 the amount of the general fund unreserved ending fund balance
12 when the total unreserved ending fund balance is in excess of
13 5 percent of the total general fund revenues.
14 2. Expenditures for classroom instruction, which shall
15 be the sum of the general fund expenditures for K-12
16 instruction and instructional staff training.
17 (b) The department shall annually calculate for each
18 district, and for the entire state, the percentage of
19 classroom expenditures to total operating expenditures as
20 calculated pursuant to subparagraphs (a)1. and 2.
21 (4) In order for the Department of Education to
22 monitor the implementation of this section, each school
23 district which is required to increase emphasis on classroom
24 activities from operating funds pursuant to subsection (1)
25 shall submit to the department the following two reports in a
26 format determined by the department:
27 (a) An initial report, which shall include the
28 proposed budget actions identified for increased classroom
29 expenditures, a description of how such actions are designed
30 to improve student achievement, and a copy of the published
31 statement required by s. 1011.03(3). This report shall be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 submitted within 30 days after final budget approval as
2 provided in s. 200.065.
3 (b) A final report, prepared at the end of each fiscal
4 year, which shall include, but is not limited to, information
5 that clearly indicates the degree of each district's
6 compliance or noncompliance with the requirements of this
7 section. If not fully compliant, the district shall include a
8 statement which has been adopted at a public hearing and
9 signed by the district school superintendent and district
10 school board members, which explains why the requirements of
11 this section have not been met.
12 (c) The department shall provide annual summaries of
13 these two reports to the Governor, the President of the
14 Senate, and the Speaker of the House of Representatives.
15 Section 659. Section 1011.65, Florida Statutes, is
16 created to read:
17 1011.65 Florida Education Finance Program
18 Appropriation Allocation Conference.--Prior to the
19 distribution of any funds appropriated in the General
20 Appropriations Act for the K-12 Florida Education Finance
21 Program formula and for the formula-funded categorical
22 programs, the Commissioner of Education shall conduct an
23 allocation conference. Conference principals shall include
24 representatives of the Department of Education, the Executive
25 Office of the Governor, and the Appropriations Committees of
26 the Senate and the House of Representatives. Conference
27 principals shall discuss and agree to all conventions,
28 including rounding conventions, and methods of computation to
29 be used to calculate Florida Education Finance Program and
30 categorical entitlements of the districts for the fiscal year
31 for which the appropriations are made. These conventions and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 calculation methods shall remain in effect until further
2 agreements are reached in subsequent allocation conferences
3 called by the commissioner for that purpose. The commissioner
4 shall also, prior to each recalculation of Florida Education
5 Finance Program and categorical allocations of the districts,
6 provide conference principals with all data necessary to
7 replicate those allocations precisely. This data shall include
8 a matrix by district by program of all full-time equivalent
9 changes made by the department as part of its administration
10 of state full-time equivalent caps.
11 Section 660. Section 1011.66, Florida Statutes, is
12 created to read:
13 1011.66 Distribution of funds in first quarter.--Upon
14 the request of any school district whose net state FEFP
15 funding is less than 60 percent of its gross state and local
16 FEFP funding, the Department of Education shall distribute to
17 that school district in the first quarter of the fiscal year
18 an amount from the funds appropriated for the FEFP in the
19 General Appropriations Act up to a maximum of 15 percent of
20 that school district's gross state and local FEFP funding or
21 that school district's net state FEFP funding, whichever is
22 less.
23 Section 661. Section 1011.67, Florida Statutes, is
24 created to read:
25 1011.67 Funds for instructional materials.--The
26 department is authorized to allocate and distribute to each
27 district an amount as prescribed annually by the Legislature
28 for instructional materials for student membership in basic
29 and special programs in grades K-12, which will provide for
30 growth and maintenance needs. For purposes of this section,
31 unweighted full-time equivalent students enrolled in the lab
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 schools in state universities are to be included as school
2 district students and reported as such to the department. The
3 annual allocation shall be determined as follows:
4 (1) The growth allocation for each school district
5 shall be calculated as follows:
6 (a) Subtract from that district's projected full-time
7 equivalent membership of students in basic and special
8 programs in grades K-12 used in determining the initial
9 allocation of the Florida Education Finance Program, the prior
10 year's full-time equivalent membership of students in basic
11 and special programs in grades K-12 for that district.
12 (b) Multiply any such increase in full-time equivalent
13 student membership by the allocation for a set of
14 instructional materials, as determined by the department, or
15 as provided for in the General Appropriations Act.
16 (c) The amount thus determined shall be that
17 district's initial allocation for growth for the school year.
18 However, the department shall recompute and adjust the initial
19 allocation based on actual full-time equivalent student
20 membership data for that year.
21 (2) The maintenance of the instructional materials
22 allocation for each school district shall be calculated by
23 multiplying each district's prior year full-time equivalent
24 membership of students in basic and special programs in grades
25 K-12 by the allocation for maintenance of a set of
26 instructional materials as provided for in the General
27 Appropriations Act. The amount thus determined shall be that
28 district's initial allocation for maintenance for the school
29 year; however, the department shall recompute and adjust the
30 initial allocation based on such actual full-time equivalent
31 student membership data for that year.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) In the event the funds appropriated are not
2 sufficient for the purpose of implementing this section in
3 full, the department shall prorate the funds available for
4 instructional materials after first funding in full each
5 district's growth allocation.
6 Section 662. Section 1011.68, Florida Statutes, is
7 created to read:
8 1011.68 Funds for student transportation.--The annual
9 allocation to each district for transportation to public
10 school programs, including charter schools as provided in s.
11 1002.33(18)(b), of students in membership in kindergarten
12 through grade 12 and in migrant and exceptional student
13 programs below kindergarten shall be determined as follows:
14 (1) Subject to the rules of the State Board of
15 Education, each district shall determine the membership of
16 students who are transported:
17 (a) By reason of living 2 miles or more from school.
18 (b) By reason of being students with disabilities or
19 enrolled in a teenage parent program, regardless of distance
20 to school.
21 (c) By reason of being in a state prekindergarten
22 program, regardless of distance from school.
23 (d) By reason of being career and technical, dual
24 enrollment, or students with disabilities transported from one
25 school center to another to participate in an instructional
26 program or service; or students with disabilities, transported
27 from one designation to another in the state, provided one
28 designation is a school center and provided the student's
29 individual educational plan (IEP) identifies the need for the
30 instructional program or service and transportation to be
31 provided by the school district. A "school center" is defined
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 as a public school center, community college, state
2 university, or other facility rented, leased, or owned and
3 operated by the school district or another public agency. A
4 "dual enrollment student" is defined as a public school
5 student in membership in both a public secondary school
6 program and a community college or a state university program
7 under a written agreement to partially fulfill ss. 1003.435
8 and 1007.23 and earning full-time equivalent membership under
9 s. 1011.62(1)(i).
10 (e) With respect to elementary school students whose
11 grade level does not exceed grade 6, by reason of being
12 subjected to hazardous walking conditions en route to or from
13 school as provided in s. 1006.23. Such rules shall, when
14 appropriate, provide for the determination of membership under
15 this paragraph for less than 1 year to accommodate the needs
16 of students who require transportation only until such
17 hazardous conditions are corrected.
18 (f) By reason of being a pregnant student or student
19 parent, and the child of a student parent as provided in s.
20 1003.54, regardless of distance from school.
21 (2) The allocation for each district shall be
22 calculated annually in accordance with the following formula:
23
24 T = B + EX. The elements of this formula are defined as
25 follows: T is the total dollar allocation for transportation.
26 B is the base transportation dollar allocation prorated by an
27 adjusted student membership count. The adjusted membership
28 count shall be derived from a multiplicative index function in
29 which the base student membership is adjusted by multiplying
30 it by index numbers that individually account for the impact
31 of the price level index, average bus occupancy, and the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 extent of rural population in the district. EX is the base
2 transportation dollar allocation for disabled students
3 prorated by an adjusted disabled student membership count.
4 The base transportation dollar allocation for disabled
5 students is the total state base disabled student membership
6 count weighted for increased costs associated with
7 transporting disabled students and multiplying it by the prior
8 year's average per student cost for transportation. The
9 adjusted disabled student membership count shall be derived
10 from a multiplicative index function in which the weighted
11 base disabled student membership is adjusted by multiplying it
12 by index numbers that individually account for the impact of
13 the price level index, average bus occupancy, and the extent
14 of rural population in the district. Each adjustment factor
15 shall be designed to affect the base allocation by no more or
16 less than 10 percent.
17 (3) The total allocation to each district for
18 transportation of students shall be the sum of the amounts
19 determined in subsection (2). If the funds appropriated for
20 the purpose of implementing this section are not sufficient to
21 pay the base transportation allocation and the base
22 transportation allocation for disabled students, the
23 Department of Education shall prorate the available funds on a
24 percentage basis. If the funds appropriated for the purpose
25 of implementing this section exceed the sum of the base
26 transportation allocation and the base transportation
27 allocation for disabled students, the base transportation
28 allocation for disabled students shall be limited to the
29 amount calculated in subsection (2), and the remaining balance
30 shall be added to the base transportation allocation.
31 (4) No district shall use funds to purchase
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 transportation equipment and supplies at prices which exceed
2 those determined by the department to be the lowest which can
3 be obtained, as prescribed in s. 1006.27(1).
4 (5) Funds allocated or apportioned for the payment of
5 student transportation services may be used to pay for
6 transportation of students to and from school on local general
7 purpose transportation systems. Student transportation funds
8 may also be used to pay for transportation of students to and
9 from school in private passenger cars and boats when the
10 transportation is for isolated students, or students with
11 disabilities as defined by rule. Subject to the rules of the
12 State Board of Education, each school district shall determine
13 and report the number of assigned students using general
14 purpose transportation private passenger cars and boats. The
15 allocation per student must be equal to the allocation per
16 student riding a school bus.
17 (6) Notwithstanding other provisions of this section,
18 in no case shall any student or students be counted for
19 transportation funding more than once per day. This provision
20 includes counting students for funding pursuant to trips in
21 school buses, passenger cars, or boats or general purpose
22 transportation.
23 (7) Any funds received by a school district under this
24 section that are not required to transport students may, at
25 the discretion of the district school board, be transferred to
26 the district's Florida Education Finance Program.
27 Section 663. Section 1011.69, Florida Statutes, is
28 created to read:
29 1011.69 Equity in School-Level Funding Act.--
30 (1) This section may be cited as the "Equity in
31 School-Level Funding Act."
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2)(a) Beginning in the 2000-2001 fiscal year,
2 district school boards shall allocate to each school within
3 the district at least 50 percent of the funds generated by
4 that school based upon the Florida Education Finance Program
5 as provided in s. 1011.62 and the General Appropriations Act,
6 including gross state and local funds, discretionary lottery
7 funds, and funds from the school district's current operating
8 discretionary millage levy.
9 (b) Beginning in the 2001-2002 fiscal year, district
10 school boards shall allocate to each school within the
11 district at least 65 percent of the funds generated by that
12 school based upon the Florida Education Finance Program as
13 provided in s. 1011.62 and the General Appropriations Act,
14 including gross state and local funds, discretionary lottery
15 funds, and funds from the school district's current operating
16 discretionary millage levy.
17 (c) Beginning in the 2002-2003 fiscal year, district
18 school boards shall allocate to each school within the
19 district at least 80 percent of the funds generated by that
20 school based upon the Florida Education Finance Program as
21 provided in s. 1011.62 and the General Appropriations Act,
22 including gross state and local funds, discretionary lottery
23 funds, and funds from the school district's current operating
24 discretionary millage levy.
25 (d) Beginning in the 2003-2004 fiscal year, district
26 school boards shall allocate to each school within the
27 district at least 90 percent of the funds generated by that
28 school based upon the Florida Education Finance Program as
29 provided in s. 1011.62 and the General Appropriations Act,
30 including gross state and local funds, discretionary lottery
31 funds, and funds from the school district's current operating
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 discretionary millage levy.
2
3 Total funding for each school shall be recalculated during the
4 year to reflect the revised calculations under the Florida
5 Education Finance Program by the state and the actual weighted
6 full-time equivalent students reported by the school during
7 the full-time equivalent student survey periods designated by
8 the Commissioner of Education. If the district school board is
9 providing programs or services to students funded by federal
10 funds, any eligible students enrolled in the schools in the
11 district shall be provided federal funds. Only those districts
12 that initially applied for charter school district status,
13 pursuant to s. 1003.62, and have been approved by the State
14 Board of Education are exempt from the provisions of this
15 section.
16 (3) Funds allocated to a school pursuant to this
17 section that are unused at the end of the fiscal year shall
18 not revert to the district, but shall remain with the school.
19 These carryforward funds may be used for any purpose provided
20 by law at the discretion of the principal of the school.
21 (4) Recommendations made by the Governor's Equity in
22 Educational Opportunity Task Force shall be reviewed to
23 identify potential categorical funds to be included in the
24 district allocation methodology required in subsection (2).
25 (5) Funds appropriated in the General Appropriations
26 Act for supplemental academic instruction to be used for the
27 purposes described in s. 1011.62(1)(f) are excluded from the
28 school-level allocation under this section.
29 Section 664. Section 1011.70, Florida Statutes, is
30 created to read:
31 1011.70 Medicaid certified school funding
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 maximization.--
2 (1) Each school district, subject to the provisions of
3 ss. 409.9071 and 409.908(21) and this section, is authorized
4 to certify funds provided for a category of required Medicaid
5 services termed "school-based services," which are
6 reimbursable under the federal Medicaid program. Such services
7 shall include, but not be limited to, physical, occupational,
8 and speech therapy services, behavioral health services,
9 mental health services, transportation services, Early
10 Periodic Screening, Diagnosis, and Treatment (EPSDT)
11 administrative outreach for the purpose of determining
12 eligibility for exceptional student education, and any other
13 such services, for the purpose of receiving federal Medicaid
14 financial participation. Certified school funding shall not be
15 available for the following services:
16 (a) Family planning.
17 (b) Immunizations.
18 (c) Prenatal care.
19 (2) The Department of Education shall monitor
20 compliance of each participating school district with the
21 Medicaid provider agreements. In addition, the department
22 shall develop standardized recordkeeping procedures for the
23 school districts that meet Medicaid requirements for audit
24 purposes.
25 (3) Each school district's continued participation in
26 certifying funds to be reimbursed for Medicaid expenditures is
27 contingent upon the district providing to the department an
28 annual accounting of how the federal Medicaid reimbursements
29 are utilized.
30 (4) Funds generated pursuant to this section may be
31 used for autism therapy services allowed by federal law.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) Developmental research schools, as authorized
2 under s. 1002.32, shall be authorized to participate in the
3 Medicaid certified school match program subject to the
4 provisions of subsections (1)-(4) and ss. 409.9071 and
5 409.908(21).
6 Section 665. Section 1011.71, Florida Statutes, is
7 created to read:
8 1011.71 District school tax.--
9 (1) If the district school tax is not provided in the
10 General Appropriations Act or the substantive bill
11 implementing the General Appropriations Act, each district
12 school board desiring to participate in the state allocation
13 of funds for current operation as prescribed by s. 1011.62(9)
14 shall levy on the taxable value for school purposes of the
15 district, exclusive of millage voted under the provisions of
16 s. 9(b) or s. 12, Art. VII of the State Constitution, a
17 millage rate not to exceed the amount certified by the
18 commissioner as the minimum millage rate necessary to provide
19 the district required local effort for the current year,
20 pursuant to s. 1011.62(4)(a)1. In addition to the required
21 local effort millage levy, each district school board may levy
22 a nonvoted current operating discretionary millage. The
23 Legislature shall prescribe annually in the appropriations act
24 the maximum amount of millage a district may levy. The millage
25 rate prescribed shall exceed zero mills but shall not exceed
26 the lesser of 1.6 mills or 25 percent of the millage which is
27 required pursuant to s. 1011.62(4), exclusive of millage
28 levied pursuant to subsection (2).
29 (2) In addition to the maximum millage levy as
30 provided in subsection (1), each school board may levy not
31 more than 2 mills against the taxable value for school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purposes to fund:
2 (a) New construction and remodeling projects, as set
3 forth in s. 1013.64(3)(b) and (6)(b) and included in the
4 district's educational plant survey pursuant to s. 1013.31,
5 without regard to prioritization, sites and site improvement
6 or expansion to new sites, existing sites, auxiliary
7 facilities, athletic facilities, or ancillary facilities.
8 (b) Maintenance, renovation, and repair of existing
9 school plants or of leased facilities to correct deficiencies
10 pursuant to s. 1013.15(2).
11 (c) The purchase, lease-purchase, or lease of school
12 buses; drivers' education vehicles; motor vehicles used for
13 the maintenance or operation of plants and equipment; security
14 vehicles; or vehicles used in storing or distributing
15 materials and equipment.
16 (d) The purchase, lease-purchase, or lease of new and
17 replacement equipment.
18 (e) Payments for educational facilities and sites due
19 under a lease-purchase agreement entered into by a district
20 school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2),
21 not exceeding, in the aggregate, an amount equal to
22 three-fourths of the proceeds from the millage levied by a
23 district school board pursuant to this subsection.
24 (f) Payment of loans approved pursuant to ss. 1011.14
25 and 1011.15.
26 (g) Payment of costs directly related to complying
27 with state and federal environmental statutes, rules, and
28 regulations governing school facilities.
29 (h) Payment of costs of leasing relocatable
30 educational facilities, of renting or leasing educational
31 facilities and sites pursuant to s. 1013.15(2), or of renting
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or leasing buildings or space within existing buildings
2 pursuant to s. 1013.15(4).
3
4 Violations of these expenditure provisions shall result in an
5 equal dollar reduction in the Florida Education Finance
6 Program (FEFP) funds for the violating district in the fiscal
7 year following the audit citation.
8 (3) These taxes shall be certified, assessed, and
9 collected as prescribed in s. 1011.04 and shall be expended as
10 provided by law.
11 (4) Nothing in s. 1011.62(4)(a)1. shall in any way be
12 construed to increase the maximum school millage levies as
13 provided for in subsection (1).
14 (5)(a) It is the intent of the Legislature that, by
15 July 1, 2003, revenue generated by the millage levy authorized
16 by subsection (2) should be used only for the costs of
17 construction, renovation, remodeling, maintenance, and repair
18 of the educational plant; for the purchase, lease, or
19 lease-purchase of equipment, educational plants, and
20 construction materials directly related to the delivery of
21 student instruction; for the rental or lease of existing
22 buildings, or space within existing buildings, originally
23 constructed or used for purposes other than education, for
24 conversion to use as educational facilities; for the opening
25 day collection for the library media center of a new school;
26 for the purchase, lease-purchase, or lease of school buses;
27 and for servicing of payments related to certificates of
28 participation issued for any purpose prior to the effective
29 date of this act. Costs associated with the lease-purchase of
30 equipment, educational plants, and school buses may include
31 the issuance of certificates of participation on or after the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 effective date of this act and the servicing of payments
2 related to certificates so issued. For purposes of this
3 section, "maintenance and repair" is defined in s. 1013.01.
4 (b) For purposes not delineated in paragraph (a) for
5 which proceeds received from millage levied under subsection
6 (2) may be legally expended, a district school board may spend
7 no more than the following percentages of the amount the
8 district spent for these purposes in fiscal year 1995-1996:
9 1. In fiscal year 2000-2001, 40 percent.
10 2. In fiscal year 2001-2002, 25 percent.
11 3. In fiscal year 2002-2003, 10 percent.
12 (c) Beginning July 1, 2003, revenue generated by the
13 millage levy authorized by subsection (2) must be used only
14 for the purposes delineated in paragraph (a).
15 (d) Notwithstanding any other provision of this
16 subsection, if through its adopted facilities work program a
17 district has clearly identified the need for an ancillary
18 plant, has provided opportunity for public input as to the
19 relative value of the ancillary plant versus an educational
20 plant, and has obtained public approval, the district may use
21 revenue generated by the millage levy authorized by subsection
22 (2) for the construction, renovation, remodeling, maintenance,
23 or repair of an ancillary plant.
24
25 A district that violates these expenditure restrictions shall
26 have an equal dollar reduction in funds appropriated to the
27 district under s. 1011.62 in the fiscal year following the
28 audit citation. The expenditure restrictions do not apply to
29 any school district that certifies to the Commissioner of
30 Education that all of the district's instructional space needs
31 for the next 5 years can be met from capital outlay sources
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that the district reasonably expects to receive during the
2 next 5 years or from alternative scheduling or construction,
3 leasing, rezoning, or technological methodologies that exhibit
4 sound management.
5 (6) In addition to the maximum millage levied under
6 this section and the General Appropriations Act, a school
7 district may levy, by local referendum or in a general
8 election, additional millage for school operational purposes
9 up to an amount that, when combined with nonvoted millage
10 levied under this section, does not exceed the 10-mill limit
11 established in s. 9(b), Art. VII of the State Constitution.
12 Any such levy shall be for a maximum of 4 years and shall be
13 counted as part of the 10-mill limit established in s. 9(b),
14 Art. VII of the State Constitution. Millage elections
15 conducted under the authority granted pursuant to this section
16 are subject to s. 1011.73. Funds generated by such additional
17 millage do not become a part of the calculation of the Florida
18 Education Finance Program total potential funds in 2001-2002
19 or any subsequent year and must not be incorporated in the
20 calculation of any hold-harmless or other component of the
21 Florida Education Finance Program formula in any year. If an
22 increase in required local effort, when added to existing
23 millage levied under the 10-mill limit, would result in a
24 combined millage in excess of the 10-mill limit, any millage
25 levied pursuant to this subsection shall be considered to be
26 required local effort to the extent that the district millage
27 would otherwise exceed the 10-mill limit.
28 Section 666. Section 1011.715, Florida Statutes, is
29 created to read:
30 1011.715 Resolution regarding school capital outlay
31 surcharge.--The resolution of a district school board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 providing for the imposition of the school capital outlay
2 surtax authorized in s. 212.055(6) may include a covenant by
3 the district school board to decrease the capital local school
4 property tax levied pursuant to s. 1011.71(2) and to maintain
5 that tax at the reduced millage as long as the surtax is in
6 effect. The resolution may also provide that the surtax shall
7 sunset on December 31 of any year in which the district school
8 board levies the capital property tax under s. 1011.71(2) at a
9 millage rate in excess of the reduced millage rate promised in
10 the resolution. Finally, if the surtax revenues are pledged
11 to service bonded indebtedness, the district school board may
12 covenant not to levy the capital property tax under s.
13 1011.71(2) at a millage rate in excess of the reduced millage
14 rate promised in the resolution.
15 Section 667. Section 1011.72, Florida Statutes, is
16 created to read:
17 1011.72 Levy based on interim assessment roll;
18 reimbursement to state for additional taxes collected upon
19 reconciliation of roll.--In any year in which the base student
20 allocation has been guaranteed to school districts through the
21 use of state funds, a school district which levied taxes based
22 on an interim assessment roll shall be required to reimburse
23 the state in an amount equal to the additional taxes collected
24 upon reconciliation of that roll. Beginning with the
25 distribution following the delinquency date of the
26 supplemental bills, the state shall withhold all funds
27 otherwise available to that school district from the
28 appropriation to the Florida Education Finance Program until
29 such time as the state is completely reimbursed.
30 Section 668. Section 1011.73, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1011.73 District millage elections.--
2 (1) MILLAGE AUTHORIZED NOT TO EXCEED TWO YEARS.--The
3 district school board, pursuant to resolution adopted at a
4 regular meeting, shall direct the county commissioners to call
5 an election at which the electors within the school districts
6 may approve an ad valorem tax millage as authorized in s. 9,
7 Art. VII of the State Constitution. Such election may be held
8 at any time, except that not more than one such election shall
9 be held during any 12-month period. Any millage so authorized
10 shall be levied for a period not in excess of 2 years or until
11 changed by another millage election, whichever is the earlier.
12 In the event any such election is invalidated by a court of
13 competent jurisdiction, such invalidated election shall be
14 considered not to have been held.
15 (2) MILLAGE AUTHORIZED NOT TO EXCEED FOUR YEARS.--The
16 district school board, pursuant to resolution adopted at a
17 regular meeting, shall direct the county commissioners to call
18 an election at which the electors within the school district
19 may approve an ad valorem tax millage as authorized under s.
20 1011.71(6). Such election may be held at any time, except that
21 not more than one such election shall be held during any
22 12-month period. Any millage so authorized shall be levied for
23 a period not in excess of 4 years or until changed by another
24 millage election, whichever is earlier. If any such election
25 is invalidated by a court of competent jurisdiction, such
26 invalidated election shall be considered not to have been
27 held.
28 (3) HOLDING ELECTIONS.--All school district millage
29 elections shall be held and conducted in the manner prescribed
30 by law for holding general elections, except as provided in
31 this chapter.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4) FORM OF BALLOT.--
2 (a) The district school board may propose a single
3 millage or two millages, with one for operating expenses and
4 another for a local capital improvement reserve fund. When two
5 millage figures are proposed, each millage must be voted on
6 separately.
7 (b) The district school board shall provide the
8 wording of the substance of the measure and the ballot title
9 in the resolution calling for the election. The wording of the
10 ballot must conform to the provisions of s. 101.161.
11 (5) QUALIFICATION OF ELECTORS.--All qualified electors
12 of the school district are entitled to vote in the election to
13 set the school tax district millage levy.
14 (6) RESULTS OF ELECTION.--When the district school
15 board proposes one tax levy for operating expenses and another
16 for the local capital improvement reserve fund, the results
17 shall be considered separately. The tax levy shall be levied
18 only in case a majority of the electors participating in the
19 election vote in favor of the proposed special millage.
20 (7) EXPENSES OF ELECTION.--The cost of the publication
21 of the notice of the election and all expenses of the election
22 in the school district shall be paid by the district school
23 board.
24 Section 669. Section 1011.74, Florida Statutes, is
25 created to read:
26 1011.74 Source and use of district capital improvement
27 fund.--The district capital improvement fund shall consist of
28 funds derived from the sale of school district bonds
29 authorized in s. 17, Art. XII of the State Constitution of
30 1885 as amended, together with any other funds directed to be
31 placed therein by rules of the State Board of Education, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 other similar funds which are to be used for capital outlay
2 purposes within the district.
3 Section 670. Section 1011.75, Florida Statutes, is
4 created to read:
5 1011.75 Gifted education exemplary program grants.--
6 (1) This section shall be known and may be cited as
7 the "Challenge Grant Program for the Gifted."
8 (2) There is hereby created a grant program for
9 education for the gifted which shall be administered by the
10 Commissioner of Education in cooperation and consultation with
11 appropriate organizations and associations concerned with
12 education for the gifted and pursuant to rules adopted by the
13 State Board of Education. The program may be implemented in
14 any public school.
15 (3) Pursuant to policies and rules to be adopted by
16 the State Board of Education, each district school board, two
17 or more district school boards in cooperation, or a public
18 school principal through the district school board may submit
19 to the commissioner a proposed program designed to effectuate
20 an exemplary program for education for the gifted in a school,
21 district, or group of districts. Consideration for funding
22 shall be given to proposed programs of district school boards
23 that are developed with the cooperation of a community college
24 or public or private college or university for the purpose of
25 providing advanced accelerated instruction for public school
26 students pursuant to s. 1003.435. In order to be approved, a
27 program proposal must include:
28 (a) Clearly stated goals and objectives expressed, to
29 the maximum extent possible, in measurable terms.
30 (b) Information concerning the number of students,
31 teachers, and other personnel to be involved in the program.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) The estimated cost of the program and the number
2 of years for which it is to be funded.
3 (d) Provisions for evaluation of the program and for
4 its integration into the general curriculum and financial
5 program of the school district or districts at the end of the
6 funded period.
7 (e) Such other information and provisions as the
8 commissioner requires.
9 (4) The commissioner shall review and approve,
10 disapprove, or resubmit for modification all proposed programs
11 for education for the gifted submitted. For those programs
12 approved, the commissioner shall authorize distribution of
13 funds equal to the cost of the program from funds appropriated
14 to the Department of Education for exemplary program grants
15 for education for the gifted as provided for by this section.
16 These funds shall be in addition to any funds for education
17 for the gifted provided pursuant to s. 1011.62.
18 Section 671. Section 1011.76, Florida Statutes, is
19 created to read:
20 1011.76 Small School District Stabilization Program.--
21 (1) There is created the Small School District
22 Stabilization Program to assist school districts in rural
23 communities that document economic conditions or other
24 significant community influences that negatively impact the
25 school district. The purpose of the program is to provide
26 technical assistance and financial support to maintain the
27 stability of the educational program in the school district. A
28 rural community means a county with a population of 75,000 or
29 less; or a county with a population of 100,000 or less that is
30 contiguous to a county with a population of 75,000 or less.
31 (2) In order to participate in this program, a school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district must be located in a rural area of critical economic
2 concern designated by the Executive Office of the Governor,
3 and the district school board must submit a resolution to the
4 Office of Tourism, Trade, and Economic Development requesting
5 participation in the program. A rural area of critical
6 economic concern must be a rural community, or a region
7 composed of such, that has been adversely affected by an
8 extraordinary economic event or a natural disaster or that
9 presents a unique economic development concern or opportunity
10 of regional impact. The resolution must be accompanied with
11 documentation of the economic conditions in the community,
12 provide information indicating the negative impact of these
13 conditions on the school district's financial stability, and
14 the school district must participate in a best financial
15 management practices review to determine potential
16 efficiencies that could be implemented to reduce program costs
17 in the district.
18 (3) The Office of Tourism, Trade, and Economic
19 Development, in consultation with the Department of Education,
20 shall review the resolution and other information required by
21 subsection (2) and determine whether the school district is
22 eligible to participate in the program. Factors influencing
23 the office's determination may include, but are not limited
24 to, reductions in the county tax roll resulting from business
25 closures or other causes, or a reduction in student enrollment
26 due to business closures or impacts in the local economy.
27 (4) Effective July 1, 2000, and thereafter, when the
28 Office of Tourism, Trade, and Economic Development authorizes
29 a school district to participate in the program, the
30 Legislature may give priority to that district for a best
31 financial management practices review in the school district,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subject to approval pursuant to s. 1008.35(7), to the extent
2 that funding is provided annually for such purpose in the
3 General Appropriations Act. The scope of the review shall be
4 as set forth in s. 1008.35.
5 (5) Effective July 1, 2000, and thereafter, the
6 Department of Education may award the school district a
7 stabilization grant intended to protect the district from
8 continued financial reductions. The amount of the grant will
9 be determined by the Department of Education and may be
10 equivalent to the amount of the decline in revenues projected
11 for the next fiscal year. In addition, the Office of Tourism,
12 Trade, and Economic Development may implement a rural economic
13 development initiative to identify the economic factors that
14 are negatively impacting the community and may consult with
15 Enterprise Florida, Inc., in developing a plan to assist the
16 county with its economic transition. The grant will be
17 available to the school district for a period of up to 5 years
18 to the extent that funding is provided for such purpose in the
19 General Appropriations Act.
20 (6) Based on the availability of funds, the Office of
21 Tourism, Trade, and Economic Development or the Department of
22 Education may enter into contracts or issue grants necessary
23 to implement the program.
24 Section 672. Section 1011.765, Florida Statutes, is
25 created to read:
26 1011.765 Florida Academic Improvement Trust Fund
27 matching grants.--
28 (1) MATCHING GRANTS.--The Florida Academic Improvement
29 Trust Fund shall be utilized to provide matching grants to the
30 Florida School for the Deaf and the Blind Endowment Fund and
31 to any public school district education foundation that meets
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the requirements of this section and is recognized by the
2 local school district as its designated K-12 education
3 foundation.
4 (a) The State Board of Education shall adopt rules for
5 the administration, submission, documentation, evaluation, and
6 approval of requests for matching funds and for maintaining
7 accountability for endowments and the proceeds of endowments.
8 (b) Donations, state matching funds, or proceeds from
9 endowments established pursuant to this section shall be used
10 at the discretion of the public school district education
11 foundation or the Florida School for the Deaf and the Blind
12 for academic achievement within the school district or school,
13 and shall not be expended for the construction of facilities
14 or for the support of interscholastic athletics. No public
15 school district education foundation or the Florida School for
16 the Deaf and the Blind shall accept or purchase facilities for
17 which the state will be asked for operating funds unless the
18 Legislature has granted prior approval for such acquisition.
19 (2) ALLOCATION OF THE TRUST FUND.--Funds appropriated
20 to the Florida Academic Improvement Trust Fund shall be
21 allocated by the Department of Education in the following
22 manner:
23 (a) For every year in which there is a legislative
24 appropriation to the trust fund, an equal amount of the annual
25 appropriation, to be determined by dividing the total
26 legislative appropriation by the number of local education
27 foundations as well as the Florida School for the Deaf and the
28 Blind, must be reserved for each public school district
29 education foundation and the Florida School for the Deaf and
30 the Blind Endowment Fund to provide each foundation and the
31 Florida School for the Deaf and the Blind with an opportunity
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to receive and match appropriated funds. Trust funds that
2 remain unmatched by contribution on April 1 of any year shall
3 be made available for matching by any public school district
4 education foundation and by the Florida School for the Deaf
5 and the Blind which shall have an opportunity to apply for
6 excess trust funds prior to the award of such funds.
7 (b) Matching grants shall be proportionately allocated
8 from the trust fund on the basis of matching each $4 of state
9 funds with $6 of private funds. To be eligible for matching, a
10 minimum of $4,500 must be raised from private sources.
11 (c) Funds sufficient to provide the match shall be
12 transferred from the state trust fund to the public school
13 education foundation or to the Florida School for the Deaf and
14 the Blind Endowment Fund upon notification that a
15 proportionate amount has been received and deposited by the
16 foundation or school into its own trust fund.
17 (d) If the total of the amounts to be distributed in
18 any quarter pursuant to this subsection exceeds the amount of
19 funds remaining from specific appropriations made for the
20 implementation of this section, all grants shall be
21 proportionately reduced so that the total of matching grants
22 distributed does not exceed available appropriations.
23 (3) GRANT ADMINISTRATION.--
24 (a) Each public school district education foundation
25 and the Florida School for the Deaf and the Blind
26 participating in the Florida Academic Improvement Trust Fund
27 shall separately account for all funds received pursuant to
28 this section, and may establish its own academic improvement
29 trust fund as a depository for the private contributions,
30 state matching funds, and earnings on investments of such
31 funds. State matching funds shall be transferred to the public
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school district education foundation or to the Florida School
2 for the Deaf and the Blind Endowment Fund upon notification
3 that the foundation or school has received and deposited
4 private contributions that meet the criteria for matching as
5 provided in this section. The public school district education
6 foundations and the Florida School for the Deaf and the Blind
7 are responsible for the maintenance, investment, and
8 administration of their academic improvement trust funds.
9 (b) The public school district education foundations
10 and the Florida School for the Deaf and the Blind shall be
11 responsible for soliciting and receiving contributions to be
12 deposited and matched with grants for establishing endowments
13 for academic achievement within the school district or school.
14 (c) Each public school district education foundation
15 and the Florida School for the Deaf and the Blind shall be
16 responsible for proper expenditure of the funds received
17 pursuant to this section.
18 Section 673. Section 1011.77, Florida Statutes, is
19 created to read:
20 1011.77 Special laws and general laws of local
21 application prohibited.--
22 (1) Pursuant to s. 11(a)(21), Art. III of the State
23 Constitution, the Legislature hereby prohibits special laws
24 and general laws of local application pertaining to:
25 (a) The assessment or collection of taxes for school
26 purposes insofar as it may affect the distribution of state
27 funds, including the determination of millages therefor, the
28 extension of time therefor, relief of tax officers from due
29 performance of their duties, and relief of their sureties from
30 liability.
31 (b) The Florida Education Finance Program as enacted
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in 1973 or as subsequently amended.
2 (2) The department shall determine whether any
3 district has received additional funds subsequent to June 30,
4 1973, as a result of any special law or general law of local
5 application described in subsection (1) and shall deduct an
6 amount equal to any such additional funds from allocations to
7 that district.
8 Section 674. Part III of chapter 1011, Florida
9 Statutes, shall be entitled "Funding for Workforce Education"
10 and shall consist of ss. 1011.80-1011.801.
11 Section 675. Section 1011.80, Florida Statutes, is
12 created to read:
13 1011.80 Funds for operation of adult technical
14 education programs.--
15 (1) As used in this section, the terms "workforce
16 development education" and "workforce development program"
17 include:
18 (a) Adult general education programs designed to
19 improve the employability skills of the state's workforce as
20 defined in s. 1004.02(5).
21 (b) Career and technical certificate programs, as
22 defined in s. 1004.02(23).
23 (c) Applied technology diploma programs.
24 (d) Continuing workforce education courses.
25 (e) Degree technical education programs.
26 (f) Apprenticeship and preapprenticeship programs as
27 defined in s. 446.021.
28 (2) Any workforce development education program may be
29 conducted by a community college or a school district, except
30 that college credit in an associate in applied science or an
31 associate in science degree may be awarded only by a community
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 college. However, if an associate in applied science or an
2 associate in science degree program contains within it an
3 occupational completion point that confers a certificate or an
4 applied technology diploma, that portion of the program may be
5 conducted by a school district technical center. Any
6 instruction designed to articulate to a degree program is
7 subject to guidelines and standards adopted by the State Board
8 of Education pursuant to s. 1007.25.
9 (3) If a program for disabled adults pursuant to s.
10 1004.93 is a workforce development program as defined in law,
11 it must be funded as provided in this section.
12 (4) The Florida Workforce Development Education Fund
13 is created to provide performance-based funding for all
14 workforce development programs, whether the programs are
15 offered by a school district or a community college. Funding
16 for all workforce development education programs must be from
17 the Workforce Development Education Fund and must be based on
18 cost categories, performance output measures, and performance
19 outcome measures.
20 (a) The cost categories must be calculated to identify
21 high-cost programs, medium-cost programs, and low-cost
22 programs. The cost analysis used to calculate and assign a
23 program of study to a cost category must include at least both
24 direct and indirect instructional costs, consumable supplies,
25 equipment, and standard program length.
26 (b)1. The performance output measure for career and
27 technical education programs of study is student completion of
28 a career and technical program of study that leads to an
29 occupational completion point associated with a certificate;
30 an apprenticeship program; or a program that leads to an
31 applied technology diploma or an associate in applied science
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or associate in science degree. Performance output measures
2 for registered apprenticeship programs shall be based on
3 program lengths that coincide with lengths established
4 pursuant to the requirements of chapter 446.
5 2. The performance output measure for an adult general
6 education course of study is measurable improvement in student
7 skills. This measure shall include improvement in literacy
8 skills, grade level improvement as measured by an approved
9 test, or attainment of a State of Florida diploma or an adult
10 high school diploma.
11 (c) The performance outcome measures for programs
12 funded through the Workforce Development Education Fund are
13 associated with placement and retention of students after
14 reaching a completion point or completing a program of study.
15 These measures include placement or retention in employment
16 that is related to the program of study; placement into or
17 retention in employment in an occupation on the Workforce
18 Estimating Conference list of high-wage, high-skill
19 occupations with sufficient openings, or other High Wage/High
20 Skill Program occupations as determined by Workforce Florida,
21 Inc.; and placement and retention of participants or former
22 participants in the welfare transition program in employment.
23 Continuing postsecondary education at a level that will
24 further enhance employment is a performance outcome for adult
25 general education programs. Placement and retention must be
26 reported pursuant to ss. 1008.39 and 1008.43.
27 (5) State funding and student fees for workforce
28 development instruction funded through the Workforce
29 Development Education Fund shall be established as follows:
30 (a) For a continuing workforce education course, state
31 funding shall equal 50 percent of the cost of instruction,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 with student fees, business support, quick-response training
2 funds, or other means making up the remaining 50 percent.
3 (b) For all other workforce development education
4 funded through the Workforce Development Education Fund, state
5 funding shall equal 75 percent of the average cost of
6 instruction with the remaining 25 percent made up from student
7 fees. Fees for courses within a program shall not vary
8 according to the cost of the individual program, but instead
9 shall be based on a uniform fee calculated and set at the
10 state level, as adopted by the State Board of Education,
11 unless otherwise specified in the General Appropriations Act.
12 (c) For fee-exempt students pursuant to s. 1009.25,
13 unless otherwise provided for in law, state funding shall
14 equal 100 percent of the average cost of instruction.
15 (6)(a) A school district or a community college that
16 provides workforce development education funded through the
17 Workforce Development Education Fund shall receive funds in
18 accordance with distributions for base and performance funding
19 established by the Legislature in the General Appropriations
20 Act, pursuant to the following conditions:
21 1. Base funding shall not exceed 85 percent of the
22 current fiscal year total Workforce Development Education Fund
23 allocation, which shall be distributed by the Legislature in
24 the General Appropriations Act based on a maximum of 85
25 percent of the institution's prior year total allocation from
26 base and performance funds.
27 2. Performance funding shall be at least 15 percent of
28 the current fiscal year total Workforce Development Education
29 Fund allocation, which shall be distributed by the Legislature
30 in the General Appropriations Act based on the previous fiscal
31 year's achievement of output and outcomes in accordance with
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 formulas adopted pursuant to subsection (9). Performance
2 funding must incorporate payments for at least three levels of
3 placements that reflect wages and workforce demand. Payments
4 for completions must not exceed 60 percent of the payments for
5 placement. School districts and community colleges shall be
6 awarded funds pursuant to this paragraph based on performance
7 output data and performance outcome data available in that
8 year.
9 3. If a local educational agency achieves a level of
10 performance sufficient to generate a full allocation as
11 authorized by the workforce development funding formula, the
12 agency may earn performance incentive funds as appropriated
13 for that purpose in a General Appropriations Act. If
14 performance incentive funds are funded and awarded, these
15 funds must be added to the local educational agency's prior
16 year total allocation from the Workforce Development Education
17 Fund and shall be used to calculate the following year's base
18 funding.
19 (b) A program is established to assist school
20 districts and community colleges in responding to the needs of
21 new and expanding businesses and thereby strengthening the
22 state's workforce and economy. The program may be funded in
23 the General Appropriations Act. A school district or community
24 college may expend funds under the program without regard to
25 performance criteria set forth in subparagraph (a)2. The
26 district or community college shall use the program to provide
27 customized training for businesses which satisfies the
28 requirements of s. 288.047. Business firms whose employees
29 receive the customized training must provide 50 percent of the
30 cost of the training. Balances remaining in the program at the
31 end of the fiscal year shall not revert to the general fund,
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 but shall be carried over for 1 additional year and used for
2 the purpose of serving incumbent worker training needs of area
3 businesses with fewer than 100 employees. Priority shall be
4 given to businesses that must increase or upgrade their use of
5 technology to remain competitive.
6 (7) A school district or community college that earns
7 performance funding must use the money to benefit the
8 postsecondary adult and technical education programs it
9 provides. The money may be used for equipment upgrades,
10 program expansions, or any other use that would result in
11 workforce development program improvement. The district school
12 board or community college board of trustees may not withhold
13 any portion of the performance funding for indirect costs.
14 Notwithstanding s. 216.351, funds awarded pursuant to this
15 section may be carried across fiscal years and shall not
16 revert to any other fund maintained by the district school
17 board or community college board of trustees.
18 (8) The State Board of Education and Workforce
19 Florida, Inc., shall provide the Legislature with recommended
20 formulas, criteria, timeframes, and mechanisms for
21 distributing performance funds. The commissioner shall
22 consolidate the recommendations and develop a consensus
23 proposal for funding. The Legislature shall adopt a formula
24 and distribute the performance funds to the State Board of
25 Education for community colleges and school districts through
26 the General Appropriations Act. These recommendations shall be
27 based on formulas that would discourage low-performing or
28 low-demand programs and encourage through performance-funding
29 awards:
30 (a) Programs that prepare people to enter high-wage
31 occupations identified by the Workforce Estimating Conference
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created by s. 216.136 and other programs as approved by
2 Workforce Florida, Inc. At a minimum, performance incentives
3 shall be calculated for adults who reach completion points or
4 complete programs that lead to specified high-wage employment
5 and to their placement in that employment.
6 (b) Programs that successfully prepare adults who are
7 eligible for public assistance, economically disadvantaged,
8 disabled, not proficient in English, or dislocated workers for
9 high-wage occupations. At a minimum, performance incentives
10 shall be calculated at an enhanced value for the completion of
11 adults identified in this paragraph and job placement of such
12 adults upon completion. In addition, adjustments may be made
13 in payments for job placements for areas of high unemployment.
14 (c) Programs that are specifically designed to be
15 consistent with the workforce needs of private enterprise and
16 regional economic development strategies, as defined in
17 guidelines set by Workforce Florida, Inc. Workforce Florida,
18 Inc., shall develop guidelines to identify such needs and
19 strategies based on localized research of private employers
20 and economic development practitioners.
21 (d) Programs identified by Workforce Florida, Inc., as
22 increasing the effectiveness and cost efficiency of education.
23 (9) A high school student dually enrolled under s.
24 1007.271 in a workforce development program funded through the
25 Workforce Development Education Fund and operated by a
26 community college or school district technical center
27 generates the amount calculated by the Workforce Development
28 Education Fund, including any payment of performance funding,
29 and the proportional share of full-time equivalent enrollment
30 generated through the Florida Education Finance Program for
31 the student's enrollment in a high school. If a high school
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Amendment No. ___ (for drafter's use only)
1 student is dually enrolled in a community college program,
2 including a program conducted at a high school, the community
3 college earns the funds generated through the Workforce
4 Development Education Fund and the school district earns the
5 proportional share of full-time equivalent funding from the
6 Florida Education Finance Program. If a student is dually
7 enrolled in a technical center operated by the same district
8 as the district in which the student attends high school, that
9 district earns the funds generated through the Workforce
10 Development Education Fund and also earns the proportional
11 share of full-time equivalent funding from the Florida
12 Education Finance Program. If a student is dually enrolled in
13 a workforce development program provided by a technical center
14 operated by a different school district, the funds must be
15 divided between the two school districts proportionally from
16 the two funding sources. A student may not be reported for
17 funding in a dual enrollment workforce development program
18 unless the student has completed the basic skills assessment
19 pursuant to s. 1004.91.
20 (10) The State Board of Education may adopt rules to
21 administer this section.
22 Section 676. Section 1011.801, Florida Statutes, is
23 created to read:
24 1011.801 Workforce Development Capitalization
25 Incentive Grant Program.--The Legislature recognizes that the
26 need for school districts and community colleges to be able to
27 respond to emerging local or statewide economic development
28 needs is critical to the workforce development system. The
29 Workforce Development Capitalization Incentive Grant Program
30 is created to provide grants to school districts and community
31 colleges on a competitive basis to fund some or all of the
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Amendment No. ___ (for drafter's use only)
1 costs associated with the creation or expansion of workforce
2 development programs that serve specific employment workforce
3 needs.
4 (1) Funds awarded for a workforce development
5 capitalization incentive grant may be used for instructional
6 equipment, laboratory equipment, supplies, personnel, student
7 services, or other expenses associated with the creation or
8 expansion of a workforce development program. Expansion of a
9 program may include either the expansion of enrollments in a
10 program or expansion into new areas of specialization within a
11 program. No grant funds may be used for recurring
12 instructional costs or for institutions' indirect costs.
13 (2) The State Board of Education shall accept
14 applications from school districts or community colleges for
15 workforce development capitalization incentive grants.
16 Applications from school districts or community colleges shall
17 contain projected enrollments and projected costs for the new
18 or expanded workforce development program. The State Board of
19 Education, in consultation with the Workforce Florida, Inc.,
20 shall review and rank each application for a grant according
21 to subsection (3) and shall submit to the Legislature a list
22 in priority order of applications recommended for a grant
23 award.
24 (3) The State Board of Education shall give highest
25 priority to programs that train people to enter high-skill,
26 high-wage occupations identified by the Workforce Estimating
27 Conference and other programs approved by Workforce Florida,
28 Inc.; programs that train people to enter occupations under
29 the welfare transition program; or programs that train for the
30 workforce adults who are eligible for public assistance,
31 economically disadvantaged, disabled, not proficient in
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 English, or dislocated workers. The State Board of Education
2 shall consider the statewide geographic dispersion of grant
3 funds in ranking the applications and shall give priority to
4 applications from education agencies that are making maximum
5 use of their workforce development funding by offering
6 high-performing, high-demand programs.
7 Section 677. Part IV of chapter 1011, Florida
8 Statutes, shall be entitled "Funding for Community Colleges"
9 and shall consist of ss. 1011.81-1011.86.
10 Section 678. Section 1011.81, Florida Statutes, is
11 created to read:
12 1011.81 Community College Program Fund.--There is
13 established a Community College Program Fund. This fund shall
14 comprise all appropriations made by the Legislature for the
15 support of the current operating program and shall be
16 apportioned and distributed to the community college districts
17 of the state on the basis of procedures established by law and
18 rules of the State Board of Education. The annual
19 apportionment for each community college district shall be
20 distributed monthly in payments as nearly equal as possible.
21 Section 679. Section 1011.82, Florida Statutes, is
22 created to read:
23 1011.82 Requirements for participation in Community
24 College Program Fund.--Each community college district which
25 participates in the state appropriations for the Community
26 College Program Fund shall provide evidence of its effort to
27 maintain an adequate community college program which shall:
28 (1) Meet the minimum standards prescribed by the State
29 Board of Education in accordance with s. 1001.02(9).
30 (2) Effectively fulfill the mission of the community
31 colleges in accordance with s. 1004.65.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 680. Section 1011.83, Florida Statutes, is
2 created to read:
3 1011.83 Financial support of community colleges.--Each
4 community college that has been approved by the Department of
5 Education and meets the requirements of law and rules of the
6 State Board of Education shall participate in the community
7 college program fund. However, funds to support workforce
8 development programs conducted by community colleges shall be
9 provided by the Workforce Development Education Fund pursuant
10 to s. 1011.80.
11 Section 681. Section 1011.84, Florida Statutes, is
12 created to read:
13 1011.84 Procedure for determining state financial
14 support and annual apportionment of state funds to each
15 community college district.--The procedure for determining
16 state financial support and the annual apportionment to each
17 community college district authorized to operate a community
18 college under the provisions of s. 1001.61 shall be as
19 follows:
20 (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE
21 COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING
22 PROGRAM.--
23 (a) The Department of Education shall determine
24 annually from an analysis of operating costs, prepared in the
25 manner prescribed by rules of the State Board of Education,
26 the costs per full-time equivalent student served in courses
27 and fields of study offered in community colleges. This
28 information and current college operating budgets shall be
29 submitted to the Executive Office of the Governor with the
30 legislative budget request prior to each regular session of
31 the Legislature.
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Amendment No. ___ (for drafter's use only)
1 (b) The allocation of funds for community colleges
2 shall be based on advanced and professional disciplines,
3 college-preparatory programs, and other programs for adults
4 funded pursuant to s. 1011.80.
5 (c) The category of lifelong learning is for students
6 enrolled pursuant to s. 1004.93. A student shall also be
7 reported as a lifelong learning student for his or her
8 enrollment in any course that he or she has previously taken,
9 unless it is a credit course in which the student earned a
10 grade of D or F.
11 (d) If an adult student has been determined to be a
12 disabled student eligible for an approved educational program
13 for disabled adults provided pursuant to s. 1004.93 and rules
14 of the State Board of Education and is enrolled in a class
15 with curriculum frameworks developed for the program, state
16 funding for that student shall be provided at a level double
17 that of a student enrolled in a special adult general
18 education program provided by a community college.
19 (e) The State Board of Education shall adopt rules to
20 implement s. 9(d)(8)f., Art. XII of the State Constitution.
21 These rules shall provide for the use of the funds available
22 under s. 9(d)(8)f., Art. XII by an individual community
23 college for operating expense in any fiscal year during which
24 the State Board of Education has determined that all major
25 capital outlay needs have been met. Highest priority for the
26 use of these funds for purposes other than financing approved
27 capital outlay projects shall be for the proper maintenance
28 and repair of existing facilities for projects approved by the
29 State Board of Education. However, in any fiscal year in which
30 funds from this source are authorized for operating expense
31 other than approved maintenance and repair projects, the
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 allocation of community college program funds shall be reduced
2 by an amount equal to the sum used for such operating expense
3 for that community college that year, and that amount shall
4 not be released or allocated among the other community
5 colleges that year.
6 (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
7 OUTLAY AND DEBT SERVICE.--The amount included for capital
8 outlay and debt service shall be as determined and provided in
9 s. 18, Art. XII of the State Constitution of 1885, as adopted
10 by s. 9(d), Art. XII of the 1968 revised State Constitution
11 and State Board of Education rules.
12 (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.--
13 (a) By December 15 of each year, the Department of
14 Education shall estimate the annual enrollment of each
15 community college for the current fiscal year and for the 6
16 subsequent fiscal years. These estimates shall be based upon
17 prior years' enrollments, upon the initial fall term
18 enrollments for the current fiscal year for each college, and
19 upon each college's estimated current enrollment and
20 demographic changes in the respective community college
21 districts.
22 (b) The apportionment to each community college from
23 the Community College Program Fund shall be determined
24 annually in the General Appropriations Act. In determining
25 each college's apportionment, the Legislature shall consider
26 the following components:
27 1. Base budget, which includes the state appropriation
28 to the Community College Program Fund in the current year plus
29 the related student tuition and out-of-state fees assigned in
30 the current General Appropriations Act.
31 2. The cost-to-continue allocation, which consists of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 incremental changes to the base budget, including salaries,
2 price levels, and other related costs allocated through a
3 funding model approved by the Legislature which may recognize
4 differing economic factors arising from the individual
5 educational approaches of the various community colleges,
6 including, but not limited to:
7 a. Direct Instructional Funding, including class size,
8 faculty productivity factors, average faculty salary, ratio of
9 full-time to part-time faculty, costs of programs, and
10 enrollment factors.
11 b. Academic Support, including small colleges factor,
12 multicampus factor, and enrollment factor.
13 c. Student Services Support, including headcount of
14 students as well as FTE count and enrollment factors.
15 d. Library Support, including volume and other
16 materials/audiovisual requirements.
17 e. Special Projects.
18 f. Operations and Maintenance of Plant, including
19 square footage and utilization factors.
20 g. District Cost Differential.
21 3. Students enrolled in a recreation and leisure
22 program and students enrolled in a lifelong learning program
23 who may not be counted as full-time equivalent enrollments for
24 purposes of enrollment workload adjustments.
25 4. Operating costs of new facilities adjustments,
26 which shall be provided, from funds available, for each new
27 facility that is owned by the college and is recommended in
28 accordance with s. 1013.31.
29 5. New and improved program enhancements, which shall
30 be determined by the Legislature.
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Student fees in the base budget plus student fee revenues
2 generated by increases in fee rates shall be deducted from the
3 sum of the components determined in subparagraphs 1.-5. The
4 amount remaining shall be the net annual state apportionment
5 to each college.
6 (c) No community college shall commit funds for the
7 employment of personnel or resources in excess of those
8 required to continue the same level of support for either the
9 previously approved enrollment or the revised enrollment,
10 whichever is lower.
11 (d) The apportionment to each community college
12 district for capital outlay and debt service shall be the
13 amount determined in accordance with subsection (2). This
14 amount, less any amount determined as necessary for
15 administrative expense by the State Board of Education and any
16 amount necessary for debt service on bonds issued by the State
17 Board of Education, shall be transmitted to the community
18 college board of trustees to be expended in a manner
19 prescribed by rules of the State Board of Education.
20 (e) If at any time the unencumbered balance in the
21 general fund of the community college board of trustees
22 approved operating budget goes below 5 percent, the president
23 shall provide written notification to the State Board of
24 Education.
25 (f) Expenditures for apprenticeship programs shall be
26 reported separately.
27 (4) EXPENDITURE OF ALLOCATED FUNDS.--Any funds
28 allocated herein to any community college shall be expended
29 only for the purpose of supporting that community college.
30 (5) REPORT OF REMEDIAL EDUCATION.--Each community
31 college board of trustees shall report the volume and cost of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 remedial education activities as a separate item in its annual
2 cost accounting system.
3 Section 682. Section 1011.85, Florida Statutes, is
4 created to read:
5 1011.85 Dr. Philip Benjamin Matching Grant Program for
6 Community Colleges.--
7 (1) There is created the Dr. Philip Benjamin Matching
8 Grant Program for Community Colleges as a single matching
9 gifts program that encompasses the goals originally set out in
10 the Academic Improvement Program, the Scholarship Matching
11 Program, and the Health Care Education Quality Enhancement
12 Challenge Grant. The program shall be administered according
13 to rules of the State Board of Education and used to encourage
14 private support in enhancing community colleges by providing
15 the community college system with the opportunity to receive
16 and match challenge grants. Funds received prior to the
17 effective date of this act for each of the three programs
18 shall be retained in the separate account for which it was
19 designated.
20 (2) Each community college board of trustees receiving
21 state appropriations under this program shall approve each
22 gift to ensure alignment with the unique mission of the
23 community college. The board of trustees must link all
24 requests for a state match to the goals and mission statement.
25 The Florida Community College Foundation Board receiving state
26 appropriations under this program shall approve each gift to
27 ensure alignment with its goals and mission statement.
28 (3) Upon approval by the community college board of
29 trustees and the State Board of Education, the ordering of
30 donations for priority listing of unmatched gifts should be
31 determined by the submitting community college.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4) Each year, eligible contributions received by a
2 community college's foundation or the State Board of Education
3 by February 1 shall be eligible for state matching funds.
4 (a) Each community college board of trustees and, when
5 applicable, the Florida Community College Foundation Board,
6 receiving state appropriations under this program shall also
7 certify in an annual report to the State Board of Education
8 the receipt of eligible cash contributions that were
9 previously unmatched by the state. The State Board of
10 Education shall adopt rules providing all community colleges
11 with an opportunity to apply for excess funds before the
12 awarding of such funds.
13 (b) Community colleges must submit to the State Board
14 of Education an annual expenditure report tracking the use of
15 all matching funds.
16 (c) The audit of each foundation receiving state funds
17 from this program must include a certification of accuracy in
18 the amount reported for matching funds.
19 (5) The matching ratio for donations that are
20 specifically designated to support scholarships, student
21 loans, or need-based grants shall be $1 of state funds to $1
22 of local private funds.
23 (6) Otherwise, funds shall be proportionately
24 allocated to the community colleges on the basis of matching
25 each $6 of local or private funds with $4 of state funds. To
26 be eligible, a minimum of $4,500 must be raised from private
27 sources.
28 (7) The community college board of trustees, in
29 conjunction with the donor, shall make the determination of
30 whether scholarships established pursuant to this program are
31 endowed.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (8)(a) Funds sufficient to provide the match shall be
2 transferred from the state appropriations to the local
3 community college foundation or the statewide community
4 college foundation upon notification that a proportionate
5 amount has been received and deposited by a community college
6 in its own trust fund.
7 (b) If state funds appropriated for the program are
8 insufficient to match contributions, the amount allocated
9 shall be reduced in proportion to its share of the total
10 eligible contributions. However, in making proportional
11 reductions, every community college shall receive a minimum of
12 $75,000 in state matching funds if its eligible contributions
13 would have generated an amount at least equal to $75,000. All
14 unmet contributions shall be eligible for state matching funds
15 in subsequent fiscal years.
16 (9) Each community college entity shall establish its
17 own matching grant program fund as a depository for the
18 private contributions and matching state funds provided under
19 this section. Community college foundations are responsible
20 for the maintenance, investment, and administration of their
21 matching grant program funds.
22 (10) The State Board of Education may receive
23 submissions of requests for matching funds and documentation
24 relating to those requests, may approve requests for matching
25 funds, and may allocate such funds to the community colleges.
26 (11) The board of trustees of the community college
27 and the State Board of Education are responsible for
28 determining the uses for the proceeds of their respective
29 trust funds. Such use of the proceeds shall include, but not
30 be limited to, expenditure of the funds for:
31 (a) Scientific and technical equipment.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Scholarships, loans, or need-based grants.
2 (c) Other activities that will benefit future students
3 as well as students currently enrolled at the community
4 college, will improve the quality of education at the
5 community college, or will enhance economic development in the
6 community.
7 Section 683. Section 1011.86, Florida Statutes, is
8 created to read:
9 1011.86 Educational leadership enhancement grants.--
10 (1) State universities and community colleges may
11 submit proposals for educational leadership enhancement grants
12 to the Commissioner of Education. Proposals shall be funded
13 competitively.
14 (2) To be eligible for funding, proposals must create
15 programs designed to strengthen the academic and professional
16 coursework or executive management preparation of women and
17 minorities.
18 (3) Each proposal must include specific measurable
19 goals and objectives.
20 (4) The State Board of Education may adopt any rules
21 necessary to implement the provisions of this grant program.
22 (5) The grant program shall be implemented to the
23 extent funded in the General Appropriations Act.
24 Section 684. Part V of chapter 1011, Florida Statutes,
25 shall be entitled "Funding for Universities" and shall consist
26 of ss. 1011.90-1011.94.
27 Section 685. Section 1011.90, Florida Statutes, is
28 created to read:
29 1011.90 State university funding.--
30 (1) Planned enrollments for each university as
31 accepted or modified by the Legislature and program cost
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 categories shall be the basis for the allocation of
2 appropriated funds to the universities.
3 (2) In addition to enrollment-based appropriations,
4 categorical programs shall be established in universities
5 which are not directly related to planned student enrollment.
6 Such programs shall be based upon the assigned missions of the
7 institutions and shall include, but not be limited to,
8 research and public service programs and authority to spend
9 fee revenues collected pursuant to subsection (5) and s.
10 1009.24. Appropriations by the Legislature and allocations to
11 universities shall be based upon full costs, as determined
12 pursuant to subsection (1), and priorities established by the
13 Legislature.
14 (3) The Legislature by line item in an appropriations
15 act may identify programs of extraordinary quality for the
16 utilization of state funds to be matched by nonstate and
17 nonfederal sources.
18 (4) The State Board of Education shall establish and
19 validate a cost-estimating system consistent with the
20 requirements of subsection (1) and shall report as part of its
21 legislative budget request the actual expenditures for the
22 fiscal year ending the previous June 30. Expenditure analysis,
23 operating budgets, and annual financial statements of each
24 university must be prepared using the standard financial
25 reporting procedures and formats prescribed by the State Board
26 of Education. These formats shall be the same as used for the
27 2000-2001 fiscal year reports. Any revisions to these
28 financial and reporting procedures and formats must be
29 approved by the Executive Office of the Governor and the
30 appropriations committees of the Legislature jointly under the
31 provisions of s. 216.023(3). The State Board of Education
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall continue to collect and maintain at a minimum the
2 management information databases existing on June 30, 2002.
3 The expenditure analysis report shall include total
4 expenditures from all sources for the general operation of the
5 university and shall be in such detail as needed to support
6 the legislative budget request.
7 (5) If the actual enrollment for any university is
8 less than planned enrollment by more than 5 percent for any 2
9 consecutive fiscal years, the university enrollment plan for
10 the next year shall be reduced. If actual enrollment exceeds
11 planned enrollment by more than 5 percent, an explanation of
12 the excess shall be provided with the next year's enrollment
13 plan. The analysis of enrollment conducted for implementing
14 this subsection shall be based on the categories of enrollment
15 used in the education and general appropriation.
16 Section 686. Section 1011.91, Florida Statutes, is
17 created to read:
18 1011.91 Additional appropriation.--
19 (1) All moneys received by universities, other than
20 from state and federal sources, from student building and
21 capital improvement fees, and from vending machine
22 collections, are hereby appropriated to the use of the
23 respective universities collecting same, to be expended as the
24 university board of trustees may direct; however, the funds
25 shall not be expended except in pursuance of detailed budgets
26 filed with the State Board of Education and shall not be
27 expended for the construction or reconstruction of buildings
28 except as provided under s. 1013.74.
29 (2) All moneys received from vending machine
30 collections by universities shall be expended only as set
31 forth in detailed budgets approved by the State Board of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education.
2 (3)(a) All moneys received by universities for the
3 Auxiliary Enterprises and Contracts, Grants and Donations
4 budget entities, and the self-insurance program authorized in
5 s. 1004.24, shall be exempt from the requirements of s.
6 216.023.
7 (b) No new state appropriation shall be obligated as a
8 source of matching funds for potential federal or private
9 contracts or grants. Upon the termination of any federal or
10 private contracts or grants, the state shall not be obligated
11 to provide continued funding for personnel or project costs
12 related to such contracts or grants.
13 Section 687. Section 1011.93, Florida Statutes, is
14 created to read:
15 1011.93 Pari-mutuel wagering funded research and
16 development programs.--Each fiscal year, the first $250,000 of
17 the funds credited to the Pari-mutuel Wagering Trust Fund
18 shall be used to fund the establishment and implementation of
19 research and development programs at the University of
20 Florida. The University of Florida shall administer the
21 distribution of the funds. These programs must include, but
22 are not limited to:
23 (1) Research related to the breeding, health, feeding,
24 or training of dogs and horses.
25 (2) Development of continuing education programs for
26 individuals involved in the care and treatment of dogs and
27 horses at pari-mutuel facilities.
28 (3) Establishment of a postmortem evaluation program
29 for break-down injuries of dogs and horses.
30 (4) Research and development of helmet safety and the
31 improvement of jai alai equipment.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 688. Section 1011.94, Florida Statutes, is
2 created to read:
3 1011.94 Trust Fund for University Major Gifts.--
4 (1) There is established a Trust Fund for University
5 Major Gifts. The purpose of the trust fund is to enable each
6 university and New College to provide donors with an incentive
7 in the form of matching grants for donations for the
8 establishment of permanent endowments, which must be invested,
9 with the proceeds of the investment used to support libraries
10 and instruction and research programs, as defined by procedure
11 of the State Board of Education. All funds appropriated for
12 the challenge grants, new donors, major gifts, or eminent
13 scholars program must be deposited into the trust fund and
14 invested pursuant to s. 18.125 until the State Board of
15 Education allocates the funds to universities to match private
16 donations. Notwithstanding s. 216.301 and pursuant to s.
17 216.351, any undisbursed balance remaining in the trust fund
18 and interest income accruing to the portion of the trust fund
19 which is not matched and distributed to universities must
20 remain in the trust fund and be used to increase the total
21 funds available for challenge grants. The State Board of
22 Education may authorize any university to encumber the state
23 matching portion of a challenge grant from funds available
24 under s. 1011.45.
25 (2) The State Board of Education shall specify the
26 process for submission, documentation, and approval of
27 requests for matching funds, accountability for endowments and
28 proceeds of endowments, allocations to universities,
29 restrictions on the use of the proceeds from endowments, and
30 criteria used in determining the value of donations.
31 (3)(a) The State Board of Education shall allocate the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 amount appropriated to the trust fund to each university and
2 New College based on the amount of the donation and the
3 restrictions applied to the donation.
4 (b) Donations for a specific purpose must be matched
5 in the following manner:
6 1. Each university that raises at least $100,000 but
7 no more than $599,999 from a private source must receive a
8 matching grant equal to 50 percent of the private
9 contribution.
10 2. Each university that raises a contribution of at
11 least $600,000 but no more than $1 million from a private
12 source must receive a matching grant equal to 70 percent of
13 the private contribution.
14 3. Each university that raises a contribution in
15 excess of $1 million but no more than $1.5 million from a
16 private source must receive a matching grant equal to 75
17 percent of the private contribution.
18 4. Each university that raises a contribution in
19 excess of $1.5 million but no more than $2 million from a
20 private source must receive a matching grant equal to 80
21 percent of the private contribution.
22 5. Each university that raises a contribution in
23 excess of $2 million from a private source must receive a
24 matching grant equal to 100 percent of the private
25 contribution.
26 (c) The State Board of Education shall encumber state
27 matching funds for any pledged contributions, pro rata, based
28 on the requirements for state matching funds as specified for
29 the particular challenge grant and the amount of the private
30 donations actually received by the university for the
31 respective challenge grant.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4) Matching funds may be provided for contributions
2 encumbered or pledged under the Eminent Scholars Act prior to
3 July 1, 1994, and for donations or pledges of any amount equal
4 to or in excess of the prescribed minimums which are pledged
5 for the purpose of this section.
6 (5)(a) Each university foundation and New College
7 Foundation shall establish a challenge grant account for each
8 challenge grant as a depository for private contributions and
9 state matching funds to be administered on behalf of the State
10 Board of Education, the university, or New College. State
11 matching funds must be transferred to a university foundation
12 or New College Foundation upon notification that the
13 university or New College has received and deposited the
14 amount specified in this section in a foundation challenge
15 grant account.
16 (b) The foundation serving a university and New
17 College Foundation each has the responsibility for the
18 maintenance and investment of its challenge grant account and
19 for the administration of the program on behalf of the
20 university or New College, pursuant to procedures specified by
21 the State Board of Education. Each foundation shall include in
22 its annual report to the State Board of Education information
23 concerning collection and investment of matching gifts and
24 donations and investment of the account.
25 (c) A donation of at least $600,000 and associated
26 state matching funds may be used to designate an Eminent
27 Scholar Endowed Chair pursuant to procedures specified by the
28 State Board of Education.
29 (6) The donations, state matching funds, or proceeds
30 from endowments established under this section may not be
31 expended for the construction, renovation, or maintenance of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 facilities or for the support of intercollegiate athletics.
2 Section 689. Chapter 1012, Florida Statutes, shall be
3 entitled "Personnel" and shall consist of ss.
4 1012.01-1012.992.
5 Section 690. Part I of chapter 1012, Florida Statutes,
6 shall be entitled "General Provisions" and shall consist of s.
7 1012.01.
8 Section 691. Section 1012.01, Florida Statutes, is
9 created to read:
10 1012.01 K-12 definitions.--Specific definitions shall
11 be as follows, and wherever such defined words or terms are
12 used in the Florida K-20 Education Code, they shall be used as
13 follows:
14 (1) SCHOOL OFFICERS.--The officers of the state system
15 of public education shall be the Commissioner of Education and
16 the members of the State Board of Education; and, for each
17 district school system, the officers shall be the district
18 school superintendent and members of the district school
19 board.
20 (2) INSTRUCTIONAL PERSONNEL.--"Instructional
21 personnel" means any staff member whose function includes the
22 provision of direct instructional services to students.
23 Instructional personnel also includes personnel whose
24 functions provide direct support in the learning process of
25 students. Included in the classification of instructional
26 personnel are:
27 (a) Classroom teachers.--Classroom teachers are staff
28 members assigned the professional activity of instructing
29 students in courses in classroom situations, including basic
30 instruction, exceptional student education, career and
31 technical education, and adult education, including substitute
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 teachers.
2 (b) Student personnel services.--Student personnel
3 services include staff members responsible for: advising
4 students with regard to their abilities and aptitudes,
5 educational and occupational opportunities, and personal and
6 social adjustments; providing placement services; performing
7 educational evaluations; and similar functions. Included in
8 this classification are guidance counselors, social workers,
9 occupational/placement specialists, and school psychologists.
10 (c) Librarians/media specialists.--Librarians/media
11 specialists are staff members responsible for providing school
12 library media services. These employees are responsible for
13 evaluating, selecting, organizing, and managing media and
14 technology resources, equipment, and related systems;
15 facilitating access to information resources beyond the
16 school; working with teachers to make resources available in
17 the instructional programs; assisting teachers and students in
18 media productions; and instructing students in the location
19 and use of information resources.
20 (d) Other instructional staff.--Other instructional
21 staff are staff members who are part of the instructional
22 staff but are not classified in one of the categories
23 specified in paragraphs (a)-(c). Included in this
24 classification are primary specialists, learning resource
25 specialists, instructional trainers, adjunct educators
26 certified pursuant to s. 1012.57, and similar positions.
27 (e) Education paraprofessionals.--Education
28 paraprofessionals are individuals who are under the direct
29 supervision of an instructional staff member, aiding the
30 instructional process. Included in this classification are
31 classroom paraprofessionals in regular instruction,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 exceptional education paraprofessionals, career education
2 paraprofessionals, adult education paraprofessionals, library
3 paraprofessionals, physical education and playground
4 paraprofessionals, and other school-level paraprofessionals.
5 (3) ADMINISTRATIVE PERSONNEL.--"Administrative
6 personnel" includes personnel who perform management
7 activities such as developing broad policies for the school
8 district and executing those policies through the direction of
9 personnel at all levels within the district. Administrative
10 personnel are generally high-level, responsible personnel who
11 have been assigned the responsibilities of systemwide or
12 schoolwide functions, such as district school superintendents,
13 assistant superintendents, deputy superintendents, school
14 principals, assistant principals, technical center directors,
15 and others who perform management activities. Broad
16 classifications of administrative personnel are as follows:
17 (a) District-based instructional
18 administrators.--Included in this classification are persons
19 with district-level administrative or policymaking duties who
20 have broad authority for management policies and general
21 school district operations related to the instructional
22 program. Such personnel often report directly to the district
23 school superintendent and supervise other administrative
24 employees. This classification includes assistant, associate,
25 or deputy superintendents and directors of major instructional
26 areas, such as curriculum, federal programs such as Title I,
27 specialized instructional program areas such as exceptional
28 student education, career and technical education, and similar
29 areas.
30 (b) District-based noninstructional
31 administrators.--Included in this classification are persons
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 with district-level administrative or policymaking duties who
2 have broad authority for management policies and general
3 school district operations related to the noninstructional
4 program. Such personnel often report directly to the district
5 school superintendent and supervise other administrative
6 employees. This classification includes assistant, associate,
7 or deputy superintendents and directors of major
8 noninstructional areas, such as personnel, construction,
9 facilities, transportation, data processing, and finance.
10 (c) School administrators.--Included in this
11 classification are:
12 1. School principals or school directors who are staff
13 members performing the assigned activities as the
14 administrative head of a school and to whom have been
15 delegated responsibility for the coordination and
16 administrative direction of the instructional and
17 noninstructional activities of the school. This classification
18 also includes technical center directors.
19 2. Assistant principals who are staff members
20 assisting the administrative head of the school. This
21 classification also includes assistant principals for
22 curriculum and administration.
23 (4) YEAR OF SERVICE.--The minimum time which may be
24 recognized in administering the state program of education,
25 not including retirement, as a year of service by a school
26 employee shall be full-time actual service; and, beginning
27 July 1963, such service shall also include sick leave and
28 holidays for which compensation was received but shall exclude
29 all other types of leave and holidays for a total of more than
30 one-half of the number of days required for the normal
31 contractual period of service for the position held, which
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be 196 days or longer, or the minimum required for the
2 district to participate in the Florida Education Finance
3 Program in the year service was rendered, or the equivalent
4 for service performed on a daily or hourly basis; provided,
5 further, that absence from duty after the date of beginning
6 service shall be covered by leave duly authorized and granted;
7 further, the school board shall have authority to establish a
8 different minimum for local district school purposes.
9 (5) SCHOOL VOLUNTEER.--A school volunteer is any
10 nonpaid person who may be appointed by a district school board
11 or its designee. School volunteers may include, but may not be
12 limited to, parents, senior citizens, students, and others who
13 assist the teacher or other members of the school staff.
14 (6) EDUCATIONAL SUPPORT EMPLOYEES.--"Educational
15 support employees" means employees whose job functions are
16 neither administrative nor instructional, yet whose work
17 supports the educational process.
18 (a) Other professional staff or
19 nonadministrative/noninstructional employees are staff members
20 who perform professional job functions which are
21 nonadministrative/noninstructional in nature and who are not
22 otherwise classified in this section. Included in this
23 classification are employees such as doctors, nurses,
24 attorneys, certified public accountants, and others
25 appropriate to the classification.
26 (b) Technicians are individuals whose occupations
27 require a combination of knowledge and manual skill which can
28 be obtained through about 2 years of post-high school
29 education, such as is offered in many technical institutes and
30 community colleges, or through equivalent on-the-job training.
31 (c) Clerical/secretarial workers are individuals whose
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 job requires skills and training in clerical-type work,
2 including activities such as preparing, transcribing,
3 systematizing, or preserving written communications and
4 reports or operating equipment performing those functions.
5 Included in this classification are secretaries, bookkeepers,
6 messengers, and office machine operators.
7 (d) Skilled crafts workers are individuals who perform
8 jobs which require special manual skill and a thorough and
9 comprehensive knowledge of the processes involved in the work
10 which is acquired through on-the-job training and experience
11 or through apprenticeship or other formal training programs.
12 Lead workers for the various skilled crafts areas shall be
13 included in this classification.
14 (e) Service workers are staff members performing a
15 service for which there are no formal qualifications,
16 including those responsible for: cleaning the buildings,
17 school plants, or supporting facilities; maintenance and
18 operation of such equipment as heating and ventilation
19 systems; preserving the security of school property; and
20 keeping the school plant safe for occupancy and use. Lead
21 workers in the various service areas shall be included in this
22 broad classification.
23 (7) MANAGERS.--"Managers" includes those staff members
24 who perform managerial and supervisory functions while usually
25 also performing general operations functions. Managers may be
26 either instructional or noninstructional in their
27 responsibility. They may direct employees' work, plan the work
28 schedule, control the flow and distribution of work or
29 materials, train employees, handle complaints, authorize
30 payments, and appraise productivity and efficiency of
31 employees. This classification includes coordinators and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 supervisors working under the general direction of those staff
2 identified as district-based instructional or noninstructional
3 administrators.
4 Section 692. Part II of chapter 1012, Florida
5 Statutes, shall be entitled "K-20 Personnel Issues" and shall
6 consist of ss. 1012.05-1012.07.
7 Section 693. Section 1012.05, Florida Statutes, is
8 created to read:
9 1012.05 Teacher recruitment and retention.--
10 (1) The Department of Education, in cooperation with
11 teacher organizations, district personnel offices, and
12 schools, colleges, and departments of education in public and
13 nonpublic postsecondary educational institutions, shall
14 concentrate on the recruitment of qualified teachers.
15 (2) The Department of Education shall:
16 (a) Develop and implement a system for posting
17 teaching vacancies and establish a database of teacher
18 applicants that is accessible within and outside the state.
19 (b) Advertise in major newspapers, national
20 professional publications, and other professional publications
21 and in schools of education.
22 (c) Utilize state and nationwide toll-free numbers.
23 (d) Conduct periodic communications with district
24 personnel directors regarding applicants.
25 (e) Provide district access to the applicant database
26 by computer or telephone.
27 (f) Develop and distribute promotional materials
28 related to teaching as a career.
29 (g) Publish and distribute information pertaining to
30 employment opportunities, application procedures, teacher
31 certification, and teacher salaries.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (h) Provide information related to certification
2 procedures.
3 (i) Develop and sponsor the Florida Future Educator of
4 America Program throughout the state.
5 (j) Develop, in consultation with school district
6 staff including, but not limited to, district school
7 superintendents, district school board members, and district
8 human resources personnel, a long-range plan for educator
9 recruitment and retention.
10 (k) Identify best practices for retaining high-quality
11 teachers.
12 (l) Develop, in consultation with Workforce Florida,
13 Inc., and the Agency for Workforce Innovation, created
14 pursuant to ss. 445.004 and 20.50, respectively, a plan for
15 accessing and identifying available resources in the state's
16 workforce system for the purpose of enhancing teacher
17 recruitment and retention.
18 (3) The Department of Education, in cooperation with
19 district personnel offices, shall sponsor a job fair in a
20 central part of the state to match in-state educators and
21 out-of-state educators with teaching opportunities in this
22 state.
23 Section 694. Section 1012.06, Florida Statutes, is
24 created to read:
25 1012.06 Temporary assignment of professional staff
26 among K-20 system.--To facilitate economical and effective use
27 of professional staff, school districts, public postsecondary
28 educational institutions, and the Department of Education may
29 enter into written agreements assigning employees among
30 themselves. The purpose of the temporary assignment is to
31 bring staff together within the state system of education,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 notwithstanding their current places of assignment or agencies
2 of employment, who possess specific or unique knowledge or
3 experience especially suited to solving specific problems,
4 developing new programs, or providing technical assistance on
5 specific tasks or programs.
6 (1) A person may be temporarily assigned for whatever
7 period of time is required for a specific task; however, no
8 assignment may be for a period of more than 2 years.
9 (2) A person on temporary assignment shall be
10 considered on temporary assignment duty to regular work
11 assignments of the sending agency; shall be entitled to all
12 benefits to which the person would otherwise be entitled,
13 including compensation for injury or disability; shall receive
14 the same salary and benefits as at the person's regular
15 assignment; and shall remain an employee of the permanent
16 employer for all purposes, except that the person shall be
17 supervised by the agency to which assigned. Payment of such
18 salary and benefits may be made by either agency as provided
19 in the assignment agreement.
20 (3) Travel and per diem expenses incurred while a
21 person is on temporary assignment shall be paid by the agency
22 to which the person is assigned. Round-trip travel and moving
23 expenses from the person's permanent location to the temporary
24 assignment may be paid by either agency, as provided in the
25 assignment agreement, for any assignment in excess of 3
26 months. Notwithstanding s. 112.061 to the contrary, a person
27 may be paid per diem expenses for any temporary assignment of
28 3 months or less.
29 Section 695. Section 1012.07, Florida Statutes, is
30 created to read:
31 1012.07 Identification of critical teacher shortage
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 areas.--
2 (1) As used in ss. 1009.57, 1009.58, and 1009.59, the
3 term "critical teacher shortage area" applies to mathematics,
4 science, career education, and high priority location areas.
5 The State Board of Education may identify career education
6 programs having critical teacher shortages. The State Board of
7 Education shall adopt rules pursuant to ss. 120.536(1) and
8 120.54, necessary to annually identify other critical teacher
9 shortage areas and high priority location areas. The state
10 board shall also consider teacher characteristics such as
11 ethnic background, race, and sex in determining critical
12 teacher shortage areas. School grade levels may also be
13 designated critical teacher shortage areas. Individual
14 district school boards may identify other critical teacher
15 shortage areas. Such shortages must be certified to and
16 approved by the State Board of Education. High priority
17 location areas shall be in high-density, low-economic urban
18 schools and low-density, low-economic rural schools and shall
19 include schools which meet criteria which include, but are not
20 limited to, the percentage of free lunches, the percentage of
21 students under Chapter I of the Education Consolidation and
22 Improvement Act of 1981, and the faculty attrition rate.
23 (2) This section shall be implemented only to the
24 extent as specifically funded and authorized by law.
25 Section 696. Part III of chapter 1012, Florida
26 Statutes, shall be entitled "Public Schools; Personnel" and
27 shall consist of ss. 1012.21-1012.798.
28 Section 697. Part III.a. of chapter 1012, Florida
29 Statutes, shall be entitled "Department of Education, District
30 School Board, District School Superintendent, and School
31 Principal Duties; Public School Personnel" and shall consist
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of ss. 1012.21-1012.28.
2 Section 698. Section 1012.21, Florida Statutes, is
3 created to read:
4 1012.21 Department of Education duties; K-12
5 personnel.--
6 (1) PERIODIC CRIMINAL HISTORY RECORD CHECKS.--In
7 cooperation with the Florida Department of Law Enforcement,
8 the Department of Education may periodically perform criminal
9 history record checks on individuals who hold a certificate
10 pursuant to s. 1012.56 or s. 1012.57.
11 (2) COMPUTER DATABASE OF CERTAIN PERSONS WHOSE
12 EMPLOYMENT WAS TERMINATED.--
13 (a) The Department of Education shall establish a
14 computer database containing the names of persons whose
15 employment is terminated under s. 1012.33(1)(a) or (4)(c),
16 which information shall be available to the district school
17 superintendents and their designees.
18 (b) Each district school superintendent shall report
19 to the Department of Education the name of any person
20 terminated under s. 1012.33(1)(a) or (4)(c) within 10 working
21 days after the date of final action by the district school
22 board on the termination, and the department shall immediately
23 enter the information in the computer records.
24 (3) SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE
25 TO CHILD SUPPORT DELINQUENCY.--The Department of Education
26 shall allow applicants for new or renewal certificates and
27 renewal certificateholders to be screened by the Title IV-D
28 child support agency pursuant to s. 409.2598 to assure
29 compliance with an obligation for support, as defined in s.
30 409.2554. The purpose of this section is to promote the
31 public policy of this state as established in s. 409.2551.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 The department shall, when directed by the court, deny the
2 application of any applicant found to have a delinquent
3 support obligation. The department shall issue or reinstate
4 the certificate without additional charge to the
5 certificateholder when notified by the court that the
6 certificateholder has complied with the terms of the court
7 order. The department shall not be held liable for any
8 certificate denial or suspension resulting from the discharge
9 of its duties under this section.
10 (4) CONFERENCES OF PUBLIC SCHOOL PERSONNEL.--As a
11 means of stimulating the professional improvement of personnel
12 in service, the Department of Education may call conferences
13 of personnel of the public schools on matters relating solely
14 to education, which conferences, if held on a school day
15 within the period of time covered by a contract, shall be
16 attended with pay by all who may be designated in the call of
17 the Department of Education, provided that the call of the
18 Department of Education may indicate that attendance is
19 optional, and that in any case of those absent from their
20 usual duties during the time of the conference, only those
21 actually in attendance at the conference shall be entitled to
22 pay for time covered by the conference.
23 (5) SCHOOL-RELATED EMPLOYEE OF THE YEAR PROGRAM.--The
24 Department of Education shall, by rule, provide for a
25 School-Related Employee of the Year Program. In addition to
26 any other provision, the department shall include in such
27 rules that:
28 (a) The program shall apply to school-related
29 employees.
30 (b) The program shall be modeled after the Teacher of
31 the Year Program.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) One school-related employee of the year shall be
2 nominated by each district school board in the state.
3 (d) A selection process shall be instituted to select
4 the school-related employee of the year so that the top five
5 finalists receive awards under the program.
6 Section 699. Effective upon this act becoming a law,
7 section 1012.22, Florida Statutes, is created to read:
8 1012.22 Public school personnel; powers and duties of
9 the district school board.--The district school board shall:
10 (1) Designate positions to be filled, prescribe
11 qualifications for those positions, and provide for the
12 appointment, compensation, promotion, suspension, and
13 dismissal of employees as follows, subject to the requirements
14 of this chapter:
15 (a) Positions, qualifications, and appointments.--
16 1. The district school board shall act upon written
17 recommendations submitted by the district school
18 superintendent for positions to be filled, for minimum
19 qualifications for personnel for the various positions, and
20 for the persons nominated to fill such positions.
21 2. The district school board may reject for good cause
22 any employee nominated.
23 3. If the third nomination by the district school
24 superintendent for any position is rejected for good cause, if
25 the district school superintendent fails to submit a
26 nomination for initial employment within a reasonable time as
27 prescribed by the district school board, or if the district
28 school superintendent fails to submit a nomination for
29 reemployment within the time prescribed by law, the district
30 school board may proceed on its own motion to fill such
31 position.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 4. The district school board's decision to reject a
2 person's nomination does not give that person a right of
3 action to sue over the rejection and may not be used as a
4 cause of action by the nominated employee.
5 (b) Time to act on nominations.--The district school
6 board shall act not later than 3 weeks after the end of the
7 regular legislative session or May 31, whichever is later, on
8 the district school superintendent's nominations of
9 supervisors, principals, and members of the instructional
10 staff.
11 (c) Compensation and salary schedules.--
12 1. The district school board shall adopt a salary
13 schedule or salary schedules designed to furnish incentives
14 for improvement in training and for continued efficient
15 service to be used as a basis for paying all school employees
16 and fix and authorize the compensation of school employees on
17 the basis thereof.
18 2. A district school board, in determining the salary
19 schedule for instructional personnel, must base a portion of
20 each employee's compensation on performance demonstrated under
21 s. 1012.34, must consider the prior teaching experience of a
22 person who has been designated state teacher of the year by
23 any state in the United States, and must consider prior
24 professional experience in the field of education gained in
25 positions in addition to district level instructional and
26 administrative positions.
27 3. In developing the salary schedule, the district
28 school board shall seek input from parents, teachers, and
29 representatives of the business community.
30 4. Beginning with the 2002-2003 fiscal year, each
31 district school board must adopt a performance-pay policy for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school administrators and instructional personnel. The
2 district's performance-pay policy is subject to negotiation as
3 provided in chapter 447; however, the adopted salary schedule
4 must allow school administrators and instructional personnel
5 who demonstrate outstanding performance, as measured under s.
6 1012.34, to earn a 5-percent supplement in addition to their
7 individual, negotiated salary. The supplements shall be funded
8 from the performance-pay reserve funds adopted in the salary
9 schedule. The Commissioner of Education shall determine
10 whether the district school board's adopted salary schedule
11 complies with the requirement for performance-based pay. If
12 the district school board fails to comply with this section,
13 the commissioner shall withhold disbursements from the
14 Educational Enhancement Trust Fund to the district until
15 compliance is verified.
16 (d) Contracts and terms of service.--The district
17 school board shall provide written contracts for all regular
18 members of the instructional staff.
19 (e) Transfer and promotion.--The district school board
20 shall act on recommendations of the district school
21 superintendent regarding transfer and promotion of any
22 employee.
23 (f) Suspension, dismissal, and return to annual
24 contract status.--The district school board shall suspend,
25 dismiss, or return to annual contract members of the
26 instructional staff and other school employees; however, no
27 administrative assistant, supervisor, principal, teacher, or
28 other member of the instructional staff may be discharged,
29 removed, or returned to annual contract except as provided in
30 this chapter.
31 (g) Awards and incentives.--The district school board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall provide for recognition of district employees, students,
2 school volunteers, and advisory committee members who have
3 contributed outstanding and meritorious service in their
4 fields or service areas. After considering recommendations of
5 the district school superintendent, the district school board
6 shall adopt rules establishing and regulating the meritorious
7 service awards necessary for the efficient operation of the
8 program. An award or incentive granted under this paragraph
9 may not be considered in determining the salary schedules
10 required by paragraph (c). Monetary awards shall be limited to
11 persons who propose procedures or ideas adopted by the board
12 which will result in eliminating or reducing district school
13 board expenditures or improving district or school center
14 operations. Nonmonetary awards shall include, but are not
15 limited to, certificates, plaques, medals, ribbons, and
16 photographs. The district school board may expend funds for
17 such recognition and awards. No award granted under this
18 paragraph shall exceed $2,000 or 10 percent of the first
19 year's gross savings, whichever is greater.
20 (h) Planning and training time for teachers.--The
21 district school board may adopt rules to make provisions for
22 teachers to have time for lunch and some planning and training
23 time when they will not be directly responsible for the
24 children, provided that some adult supervision shall be
25 furnished for the students during such periods.
26 (i) Comprehensive program of staff development.--The
27 district school board shall establish a comprehensive program
28 of staff development.
29 (2) Adopt policies relating to personnel leave as
30 follows:
31 (a) Annual leave.--The district school board may adopt
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rules that provide for the earning of annual leave by
2 employees, including educational support employees, who are
3 employed for 12 calendar months a year.
4 (b) Sick leave.--The district school board may adopt
5 rules relating to sick leave, in accordance with the
6 provisions of this chapter.
7 (c) Illness-in-line-of-duty leave.--The district
8 school board may adopt rules relating to
9 illness-in-the-line-of-duty leave, in accordance with the
10 provisions of this chapter.
11 (d) Sabbatical leave.--The district school board may
12 adopt rules relating to sabbatical leave, in accordance with
13 the provisions of this chapter.
14 Section 700. Section 1012.23, Florida Statutes, is
15 created to read:
16 1012.23 School district personnel policies.--Except as
17 otherwise provided by law or the State Constitution, district
18 school boards may adopt rules governing personnel matters,
19 including the assignment of duties and responsibilities for
20 all district employees.
21 Section 701. Section 1012.24, Florida Statutes, is
22 created to read:
23 1012.24 Employment and compensation of instructional
24 personnel during specific emergencies.--In the event of an
25 epidemic, strike, mass walkout, substantial numbers of teacher
26 resignations, or other urgent condition, a district school
27 board upon recommendation of the district school
28 superintendent may find and declare that an emergency exists
29 because there is not a sufficient number of certified teachers
30 to continue the normal operation of the schools within the
31 district. In said event the district school board may upon
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 recommendation of the district school superintendent employ,
2 contract with, and compensate for instructional services
3 rendered any person who shall be deemed qualified by
4 regulations of the district school board. In such event, a
5 state certificate to teach shall not be required for such
6 employment, contract, or compensation.
7 Section 702. Section 1012.25, Florida Statutes, is
8 created to read:
9 1012.25 School officers to turn over money and
10 property to successors.--Every school officer shall turn over
11 to his or her successor or successors in office, on retiring,
12 all books, papers, documents, records, funds, money, and
13 property of whatever kind which the officer may have acquired,
14 received, and held by virtue of his or her office and shall
15 take full receipt for them from his or her successor and shall
16 make in correct form all reports required by the state. No
17 school officer who receives any salary or compensation for his
18 or her services shall be entitled to be paid or compensated
19 for the last month served until the provisions of this section
20 have been fully observed. Any person violating the provisions
21 of this section shall forfeit his or her compensation for the
22 last month served and commits a misdemeanor of the second
23 degree, punishable as provided in s. 775.082 or s. 775.083.
24 Section 703. Section 1012.26, Florida Statutes, is
25 created to read:
26 1012.26 Legal services for employees; reimbursement
27 for judgments in civil actions.--Each district school board
28 may provide legal services for officers and employees of the
29 school board who are charged with civil or criminal actions
30 arising out of and in the course of the performance of
31 assigned duties and responsibilities. The district school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 board shall provide for reimbursement of reasonable expenses
2 for legal services for officers and employees of school boards
3 who are charged with civil or criminal actions arising out of
4 and in the course of the performance of assigned duties and
5 responsibilities upon successful defense by the employee or
6 officer. However, in any case in which the officer or employee
7 pleads guilty or nolo contendere or is found guilty of any
8 such action, the officer or employee shall reimburse the
9 district school board for any legal services which the school
10 board may have supplied pursuant to this section. A district
11 school board may also reimburse an officer or employee of the
12 school board for any judgment which may be entered against him
13 or her in a civil action arising out of and in the course of
14 the performance of his or her assigned duties and
15 responsibilities. Each expenditure by a district school board
16 for legal defense of an officer or employee, or for
17 reimbursement pursuant to this section, shall be made at a
18 public meeting with notice pursuant to s. 120.525(1). The
19 provision of such legal services or reimbursement under the
20 conditions described above is declared to be a district school
21 purpose for which district school funds may be expended.
22 Section 704. Section 1012.27, Florida Statutes, is
23 created to read:
24 1012.27 Public school personnel; powers and duties of
25 district school superintendent.--The district school
26 superintendent shall be responsible, as required herein, for
27 directing the work of the personnel, subject to the
28 requirements of this chapter, and in addition the district
29 school superintendent shall have the following duties:
30 (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--
31 (a) Recommend to the district school board duties and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 responsibilities which need to be performed and positions
2 which need to be filled to make possible the development of an
3 adequate school program in the district.
4 (b) Recommend minimum qualifications of personnel for
5 these various positions, and nominate in writing persons to
6 fill such positions.
7
8 The district school superintendent's recommendations for
9 filling instructional positions at the school level must
10 consider nominations received from school principals of the
11 respective schools. Before transferring a teacher who holds a
12 professional teaching certificate from one school to another,
13 the district school superintendent shall consult with the
14 principal of the receiving school and allow the principal to
15 review the teacher's records and interview the teacher. If, in
16 the judgment of the principal, students would not benefit from
17 the placement, an alternative placement may be sought.
18 (2) COMPENSATION AND SALARY SCHEDULES.--Prepare and
19 recommend to the district school board for adoption a salary
20 schedule or salary schedules. The district school
21 superintendent must recommend a salary schedule for
22 instructional personnel which bases a portion of each
23 employee's compensation on performance demonstrated under s.
24 1012.34. In developing the recommended salary schedule, the
25 district school superintendent shall include input from
26 parents, teachers, and representatives of the business
27 community.
28 (3) CONTRACTS AND TERMS OF SERVICE.--Recommend to the
29 district school board terms for contracting with employees and
30 prepare such contracts as are approved.
31 (4) TRANSFER AND PROMOTIONS.--Recommend employees for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 transfer and transfer any employee during any emergency and
2 report the transfer to the district school board at its next
3 regular meeting.
4 (5) SUSPENSION AND DISMISSAL.--Suspend members of the
5 instructional staff and other school employees during
6 emergencies for a period extending to and including the day of
7 the next regular or special meeting of the district school
8 board and notify the district school board immediately of such
9 suspension. When authorized to do so, serve notice on the
10 suspended member of the instructional staff of charges made
11 against him or her and of the date of hearing. Recommend
12 employees for dismissal under the terms prescribed herein.
13 (6) DIRECT WORK OF EMPLOYEES AND SUPERVISE
14 INSTRUCTION.--Direct or arrange for the proper direction and
15 improvement, under rules of the district school board, of the
16 work of all members of the instructional staff and other
17 employees of the district school system, supervise or arrange
18 under rules of the district school board for the supervision
19 of instruction in the district, and take such steps as are
20 necessary to bring about continuous improvement.
21 Section 705. Section 1012.28, Florida Statutes, is
22 created to read:
23 1012.28 Public school personnel; duties of school
24 principals.--
25 (1) Public school principals shall supervise public
26 school personnel as the district school board determines
27 necessary.
28 (2) The school principal is responsible for
29 recommending to the district school superintendent the
30 employment of instructional personnel to be assigned to the
31 school to which the principal is assigned.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) Each school principal is responsible for the
2 performance of all personnel employed by the district school
3 board and assigned to the school to which the principal is
4 assigned. The school principal shall faithfully and
5 effectively apply the personnel assessment system approved by
6 the district school board pursuant to s. 1012.34.
7 (4) Each school principal shall assist the teachers
8 within the school to use student assessment data, as measured
9 by student learning gains pursuant to s. 1008.22, for
10 self-evaluation.
11 (5) Each school principal shall perform such duties as
12 may be assigned by the district school superintendent,
13 pursuant to the rules of the district school board. Such rules
14 shall include, but are not limited to, rules relating to
15 administrative responsibility, instructional leadership in
16 implementing the Sunshine State Standards and the overall
17 educational program of the school to which the school
18 principal is assigned, submission of personnel recommendations
19 to the district school superintendent, administrative
20 responsibility for records and reports, administration of
21 corporal punishment, and student suspension.
22 (6) A school principal who fails to comply with this
23 section shall be ineligible for any portion the performance
24 pay policy incentive under s. 1012.22(1)(c).
25 Section 706. Part III.b. of chapter 1012, Florida
26 Statutes, shall be entitled "Personnel Files, Qualifications,
27 Contracts, Assessments for Public Schools" and shall consist
28 of ss. 1012.31-1012.34.
29 Section 707. Section 1012.31, Florida Statutes, is
30 created to read:
31 1012.31 Personnel files.--Public school system
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 employee personnel files shall be maintained according to the
2 following provisions:
3 (1)(a) Except for materials pertaining to work
4 performance or such other matters that may be cause for
5 discipline, suspension, or dismissal under laws of this state,
6 no derogatory materials relating to an employee's conduct,
7 service, character, or personality shall be placed in the
8 personnel file of such employee.
9 (b) No anonymous letter or anonymous materials shall
10 be placed in the personnel file.
11 (2)(a) Materials relating to work performance,
12 discipline, suspension, or dismissal must be reduced to
13 writing and signed by a person competent to know the facts or
14 make the judgment.
15 (b)1. No such materials may be placed in a personnel
16 file unless they have been reduced to writing within 45 days,
17 exclusive of the summer vacation period, of the school system
18 administration becoming aware of the facts reflected in the
19 materials.
20 2. Additional information related to such written
21 materials previously placed in the file may be appended to
22 such materials to clarify or amplify them as needed.
23 (c) A copy of such materials to be added to an
24 employee's personnel file shall be provided to the employee
25 either:
26 1. By certified mail, return receipt requested, to his
27 or her address of record; or
28 2. By personal delivery. The employee's signature on a
29 copy of the materials to be filed shall be proof that such
30 materials were given to the employee, with the understanding
31 that such signature merely signifies receipt and does not
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 necessarily indicate agreement with its contents.
2 (d) An employee has the right to answer in writing any
3 such materials in a personnel file on July 1, 1983, as well as
4 any such materials filed thereafter, and the answer shall be
5 attached to the file copy. An employee has the right to
6 request that the district school superintendent or the
7 superintendent's designee make an informal inquiry regarding
8 material in the employee's personnel file which the employee
9 believes to be false. The official who makes the inquiry shall
10 append to the material a written report of his or her
11 findings.
12 (e) Upon request, an employee, or any person
13 designated in writing by the employee, shall be permitted to
14 examine the personnel file of such employee. The employee
15 shall be permitted conveniently to reproduce any materials in
16 the file, at a cost no greater than the fees prescribed in s.
17 119.07(1).
18 (f) The custodian of the record shall maintain a
19 record in the file of those persons reviewing the file each
20 time it is reviewed.
21 (3)(a) Public school system employee personnel files
22 are subject to the provisions of s. 119.07(1), except as
23 follows:
24 1. Any complaint and any material relating to the
25 investigation of a complaint against an employee shall be
26 confidential and exempt from the provisions of s. 119.07(1)
27 until the conclusion of the preliminary investigation or until
28 such time as the preliminary investigation ceases to be
29 active. If the preliminary investigation is concluded with
30 the finding that there is no probable cause to proceed further
31 and with no disciplinary action taken or charges filed, a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 statement to that effect signed by the responsible
2 investigating official shall be attached to the complaint, and
3 the complaint and all such materials shall be open thereafter
4 to inspection pursuant to s. 119.07(1). If the preliminary
5 investigation is concluded with the finding that there is
6 probable cause to proceed further or with disciplinary action
7 taken or charges filed, the complaint and all such materials
8 shall be open thereafter to inspection pursuant to s.
9 119.07(1). If the preliminary investigation ceases to be
10 active, the complaint and all such materials shall be open
11 thereafter to inspection pursuant to s. 119.07(1). For the
12 purpose of this subsection, a preliminary investigation shall
13 be considered active as long as it is continuing with a
14 reasonable, good faith anticipation that an administrative
15 finding will be made in the foreseeable future. An
16 investigation shall be presumed to be inactive if no finding
17 relating to probable cause is made within 60 days after the
18 complaint is made.
19 2. An employee evaluation prepared pursuant to s.
20 1012.56, s. 1012.34, or s. 1012.33 or rules adopted by the
21 State Board of Education or district school board under the
22 authority of those sections shall be confidential and exempt
23 from the provisions of s. 119.07(1) until the end of the
24 school year immediately following the school year in which the
25 evaluation was made. No evaluation prepared before July 1,
26 1983, shall be made public pursuant to this section.
27 3. No material derogatory to an employee shall be open
28 to inspection until 10 days after the employee has been
29 notified pursuant to paragraph (2)(c).
30 4. The payroll deduction records of an employee shall
31 be confidential and exempt from the provisions of s.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 119.07(1).
2 5. Employee medical records, including psychiatric and
3 psychological records, shall be confidential and exempt from
4 the provisions of s. 119.07(1); however, at any hearing
5 relative to the competency or performance of an employee, the
6 administrative law judge, hearing officer, or panel shall have
7 access to such records.
8 (b) Notwithstanding other provisions of this
9 subsection, all aspects of the personnel file of each employee
10 shall be open to inspection at all times by district school
11 board members, the district school superintendent, and the
12 principal, or their respective designees, in the exercise of
13 their respective duties.
14 (c) Notwithstanding other provisions of this
15 subsection, all aspects of the personnel file of each employee
16 shall be made available to law enforcement personnel in the
17 conduct of a lawful criminal investigation.
18 (4) The term "personnel file," as used in this
19 section, means all records, information, data, or materials
20 maintained by a public school system, in any form or retrieval
21 system whatsoever, with respect to any of its employees, which
22 is uniquely applicable to that employee whether maintained in
23 one or more locations.
24 Section 708. Section 1012.32, Florida Statutes, is
25 created to read:
26 1012.32 Qualifications of personnel.--
27 (1) To be eligible for appointment in any position in
28 any district school system, a person shall be of good moral
29 character; shall have attained the age of 18 years, if he or
30 she is to be employed in an instructional capacity; and shall,
31 when required by law, hold a certificate or license issued
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 under rules of the State Board of Education or the Department
2 of Children and Family Services, except when employed pursuant
3 to s. 1012.55 or under the emergency provisions of s. 1012.24.
4 Previous residence in this state shall not be required in any
5 school of the state as a prerequisite for any person holding a
6 valid Florida certificate or license to serve in an
7 instructional capacity.
8 (2)(a) Instructional and noninstructional personnel
9 who are hired to fill positions requiring direct contact with
10 students in any district school system or university lab
11 school shall, upon employment, file a complete set of
12 fingerprints taken by an authorized law enforcement officer or
13 an employee of the school or district who is trained to take
14 fingerprints. These fingerprints shall be submitted to the
15 Department of Law Enforcement for state processing and to the
16 Federal Bureau of Investigation for federal processing. The
17 new employees shall be on probationary status pending
18 fingerprint processing and determination of compliance with
19 standards of good moral character. Employees found through
20 fingerprint processing to have been convicted of a crime
21 involving moral turpitude shall not be employed in any
22 position requiring direct contact with students. Probationary
23 employees terminated because of their criminal record shall
24 have the right to appeal such decisions. The cost of the
25 fingerprint processing may be borne by the district school
26 board or the employee.
27 (b) Personnel who have been fingerprinted or screened
28 pursuant to this subsection and who have not been unemployed
29 for more than 90 days shall not be required to be
30 refingerprinted or rescreened in order to comply with the
31 requirements of this subsection.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 709. Section 1012.33, Florida Statutes, is
2 created to read:
3 1012.33 Contracts with instructional staff,
4 supervisors, and school principals.--
5 (1)(a) Each person employed as a member of the
6 instructional staff in any district school system shall be
7 properly certified pursuant to s. 1012.56 or s. 1012.57 or
8 employed pursuant to s. 1012.39 and shall be entitled to and
9 shall receive a written contract as specified in chapter 230.
10 All such contracts, except continuing contracts as specified
11 in subsection (4), shall contain provisions for dismissal
12 during the term of the contract only for just cause. Just
13 cause includes, but is not limited to, the following
14 instances, as defined by rule of the State Board of Education:
15 misconduct in office, incompetency, gross insubordination,
16 willful neglect of duty, or conviction of a crime involving
17 moral turpitude.
18 (b) A supervisor or school principal shall be properly
19 certified and shall receive a written contract as specified in
20 chapter 1001. Such contract may be for an initial period not
21 to exceed 3 years, subject to annual review and renewal. The
22 first 97 days of an initial contract is a probationary period.
23 During the probationary period, the employee may be dismissed
24 without cause or may resign from the contractual position
25 without breach of contract. After the first 3 years, the
26 contract may be renewed for a period not to exceed 3 years and
27 shall contain provisions for dismissal during the term of the
28 contract only for just cause, in addition to such other
29 provisions as are prescribed by the district school board.
30 (2) Any person so employed on the basis of a written
31 offer of a specific position by a duly authorized agent of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district school board for a stated term of service at a
2 specified salary, and who accepted such offer by telegram or
3 letter or by signing the regular contract form, who violates
4 the terms of such contract or agreement by leaving his or her
5 position without first being released from his or her contract
6 or agreement by the district school board of the district in
7 which the person is employed shall be subject to the
8 jurisdiction of the Education Practices Commission. The
9 district school board shall take official action on such
10 violation and shall furnish a copy of its official minutes to
11 the Commissioner of Education.
12 (3)(a) Each district school board shall provide a
13 professional service contract as prescribed herein. Each
14 member of the instructional staff who completed the following
15 requirements prior to July 1, 1984, shall be entitled to and
16 shall be issued a continuing contract in the form prescribed
17 by rules of the state board pursuant to s. 231.36, Florida
18 Statutes (1981). Each member of the instructional staff who
19 completes the following requirements on or after July 1, 1984,
20 shall be entitled to and shall be issued a professional
21 service contract in the form prescribed by rules of the state
22 board as provided herein:
23 1. The member must hold a professional certificate as
24 prescribed by s. 1012.56 and rules of the State Board of
25 Education.
26 2. The member must have completed 3 years of
27 probationary service in the district during a period not in
28 excess of 5 successive years, except for leave duly authorized
29 and granted.
30 3. The member must have been recommended by the
31 district school superintendent for such contract and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reappointed by the district school board based on successful
2 performance of duties and demonstration of professional
3 competence.
4 4. For any person newly employed as a member of the
5 instructional staff after June 30, 1997, the initial annual
6 contract shall include a 97-day probationary period during
7 which time the employee's contract may be terminated without
8 cause or the employee may resign without breach of contract.
9 (b) The professional service contract shall be
10 effective at the beginning of the school fiscal year following
11 the completion of all requirements therefor.
12 (c) The period of service provided herein may be
13 extended to 4 years when prescribed by the district school
14 board and agreed to in writing by the employee at the time of
15 reappointment.
16 (d) A district school board may issue a continuing
17 contract prior to July 1, 1984, and may issue a professional
18 service contract subsequent to July 1, 1984, to any employee
19 who has previously held a professional service contract or
20 continuing contract in the same or another district within
21 this state. Any employee who holds a continuing contract may,
22 but is not required to, exchange such continuing contract for
23 a professional service contract in the same district.
24 (e) A professional service contract shall be renewed
25 each year unless the district school superintendent, after
26 receiving the recommendations required by s. 1012.34, charges
27 the employee with unsatisfactory performance and notifies the
28 employee of performance deficiencies as required by s.
29 1012.34. An employee who holds a professional service contract
30 on July 1, 1997, is subject to the procedures set forth in
31 paragraph (f) during the term of the existing professional
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 service contract. The employee is subject to the procedures
2 set forth in s. 1012.34(3)(d) upon the next renewal of the
3 professional service contract; however, if the employee is
4 notified of performance deficiencies before the next contract
5 renewal date, the procedures of s. 1012.34(3)(d) do not apply
6 until the procedures set forth in paragraph (f) have been
7 exhausted and the professional service contract is
8 subsequently renewed.
9 (f) The district school superintendent shall notify an
10 employee who holds a professional service contract on July 1,
11 1997, in writing, no later than 6 weeks prior to the end of
12 the postschool conference period, of performance deficiencies
13 which may result in termination of employment, if not
14 corrected during the subsequent year of employment (which
15 shall be granted for an additional year in accordance with the
16 provisions in subsection (1)). Except as otherwise hereinafter
17 provided, this action shall not be subject to the provisions
18 of chapter 120, but the following procedures shall apply:
19 1. On receiving notice of unsatisfactory performance,
20 the employee, on request, shall be accorded an opportunity to
21 meet with the district school superintendent, or his or her
22 designee, for an informal review of the determination of
23 unsatisfactory performance.
24 2. An employee notified of unsatisfactory performance
25 may request an opportunity to be considered for a transfer to
26 another appropriate position, with a different supervising
27 administrator, for the subsequent year of employment. If the
28 request for the transfer is granted, the district school
29 superintendent shall annually report to the department the
30 total number of employees transferred pursuant to this
31 subparagraph, where they were transferred, and what, if any,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 remediation was implemented to remediate the unsatisfactory
2 performance.
3 3. During the subsequent year, the employee shall be
4 provided assistance and inservice training opportunities to
5 help correct the noted performance deficiencies. The employee
6 shall also be evaluated periodically so that he or she will be
7 kept apprised of progress achieved.
8 4. Not later than 6 weeks prior to the close of the
9 postschool conference period of the subsequent year, the
10 district school superintendent, after receiving and reviewing
11 the recommendation required by s. 1012.34, shall notify the
12 employee, in writing, whether the performance deficiencies
13 have been corrected. If so, a new professional service
14 contract shall be issued to the employee. If the performance
15 deficiencies have not been corrected, the district school
16 superintendent may notify the district school board and the
17 employee, in writing, that the employee shall not be issued a
18 new professional service contract; however, if the
19 recommendation of the district school superintendent is not to
20 issue a new professional service contract, and if the employee
21 wishes to contest such recommendation, the employee will have
22 15 days from receipt of the district school superintendent's
23 recommendation to demand, in writing, a hearing. In such
24 hearing, the employee may raise as an issue, among other
25 things, the sufficiency of the district school
26 superintendent's charges of unsatisfactory performance. Such
27 hearing shall be conducted at the district school board's
28 election in accordance with one of the following procedures:
29 a. A direct hearing conducted by the district school
30 board within 60 days of receipt of the written appeal. The
31 hearing shall be conducted in accordance with the provisions
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of ss. 120.569 and 120.57. A majority vote of the membership
2 of the district school board shall be required to sustain the
3 district school superintendent's recommendation. The
4 determination of the district school board shall be final as
5 to the sufficiency or insufficiency of the grounds for
6 termination of employment; or
7 b. A hearing conducted by an administrative law judge
8 assigned by the Division of Administrative Hearings of the
9 Department of Management Services. The hearing shall be
10 conducted within 60 days of receipt of the written appeal in
11 accordance with chapter 120. The recommendation of the
12 administrative law judge shall be made to the district school
13 board. A majority vote of the membership of the district
14 school board shall be required to sustain or change the
15 administrative law judge's recommendation. The determination
16 of the district school board shall be final as to the
17 sufficiency or insufficiency of the grounds for termination of
18 employment.
19 (g) Beginning July 1, 2001, for each employee who
20 enters into a written contract, pursuant to this section, in a
21 school district in which the employee was not employed as of
22 June 30, 2001, for purposes of pay, a district school board
23 must recognize and accept each year of full-time public school
24 teaching service earned in the State of Florida or outside the
25 state and for which the employee received a satisfactory
26 performance evaluation. Instructional personnel employed
27 pursuant to s. 121.091(9)(b)3. are exempt from the provisions
28 of this paragraph.
29 (4)(a) An employee who had continuing contract status
30 prior to July 1, 1984, shall be entitled to retain such
31 contract and all rights arising therefrom as prescribed by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rules of the State Board of Education adopted pursuant to s.
2 231.36, Florida Statutes (1981), unless the employee
3 voluntarily relinquishes his or her continuing contract.
4 (b) Any member of the district administrative or
5 supervisory staff and any member of the instructional staff,
6 including any school principal, who is under continuing
7 contract may be dismissed or may be returned to annual
8 contract status for another 3 years in the discretion of the
9 district school board, at the end of the school year, when a
10 recommendation to that effect is submitted in writing to the
11 district school board on or before April 1 of any school year,
12 giving good and sufficient reasons therefor, by the district
13 school superintendent, by the school principal if his or her
14 contract is not under consideration, or by a majority of the
15 district school board. The employee whose contract is under
16 consideration shall be duly notified in writing by the party
17 or parties preferring the charges at least 5 days prior to the
18 filing of the written recommendation with the district school
19 board, and such notice shall include a copy of the charges and
20 the recommendation to the district school board. The district
21 school board shall proceed to take appropriate action. Any
22 decision adverse to the employee shall be made by a majority
23 vote of the full membership of the district school board. Any
24 such decision adverse to the employee may be appealed by the
25 employee pursuant to s. 120.68.
26 (c) Any member of the district administrative or
27 supervisory staff and any member of the instructional staff,
28 including any school principal, who is under continuing
29 contract may be suspended or dismissed at any time during the
30 school year; however, the charges against him or her must be
31 based on immorality, misconduct in office, incompetency, gross
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 insubordination, willful neglect of duty, drunkenness, or
2 conviction of a crime involving moral turpitude, as these
3 terms are defined by rule of the State Board of Education.
4 Whenever such charges are made against any such employee of
5 the district school board, the district school board may
6 suspend such person without pay; but, if the charges are not
7 sustained, he or she shall be immediately reinstated, and his
8 or her back salary shall be paid. In cases of suspension by
9 the district school board or by the district school
10 superintendent, the district school board shall determine upon
11 the evidence submitted whether the charges have been sustained
12 and, if the charges are sustained, shall determine either to
13 dismiss the employee or fix the terms under which he or she
14 may be reinstated. If such charges are sustained by a majority
15 vote of the full membership of the district school board and
16 such employee is discharged, his or her contract of employment
17 shall be thereby canceled. Any such decision adverse to the
18 employee may be appealed by the employee pursuant to s.
19 120.68, provided such appeal is filed within 30 days after the
20 decision of the district school board.
21 (5) Should a district school board have to choose from
22 among its personnel who are on continuing contracts or
23 professional service contracts as to which should be retained,
24 such decisions shall be made pursuant to the terms of a
25 collectively bargained agreement, when one exists. If no such
26 agreement exists, the district school board shall prescribe
27 rules to handle reductions in workforce.
28 (6)(a) Any member of the instructional staff,
29 excluding an employee specified in subsection (4), may be
30 suspended or dismissed at any time during the term of the
31 contract for just cause as provided in paragraph (1)(a). The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district school board must notify the employee in writing
2 whenever charges are made against the employee and may suspend
3 such person without pay; but, if the charges are not
4 sustained, the employee shall be immediately reinstated, and
5 his or her back salary shall be paid. If the employee wishes
6 to contest the charges, the employee must, within 15 days
7 after receipt of the written notice, submit a written request
8 for a hearing. Such hearing shall be conducted at the district
9 school board's election in accordance with one of the
10 following procedures:
11 1. A direct hearing conducted by the district school
12 board within 60 days after receipt of the written appeal. The
13 hearing shall be conducted in accordance with the provisions
14 of ss. 120.569 and 120.57. A majority vote of the membership
15 of the district school board shall be required to sustain the
16 district school superintendent's recommendation. The
17 determination of the district school board shall be final as
18 to the sufficiency or insufficiency of the grounds for
19 termination of employment; or
20 2. A hearing conducted by an administrative law judge
21 assigned by the Division of Administrative Hearings of the
22 Department of Management Services. The hearing shall be
23 conducted within 60 days after receipt of the written appeal
24 in accordance with chapter 120. The recommendation of the
25 administrative law judge shall be made to the district school
26 board. A majority vote of the membership of the district
27 school board shall be required to sustain or change the
28 administrative law judge's recommendation. The determination
29 of the district school board shall be final as to the
30 sufficiency or insufficiency of the grounds for termination of
31 employment.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1
2 Any such decision adverse to the employee may be appealed by
3 the employee pursuant to s. 120.68, provided such appeal is
4 filed within 30 days after the decision of the district school
5 board.
6 (b) Any member of the district administrative or
7 supervisory staff, including any principal but excluding an
8 employee specified in subsection (4), may be suspended or
9 dismissed at any time during the term of the contract;
10 however, the charges against him or her must be based on
11 immorality, misconduct in office, incompetency, gross
12 insubordination, willful neglect of duty, drunkenness, or
13 conviction of any crime involving moral turpitude, as these
14 terms are defined by rule of the State Board of Education.
15 Whenever such charges are made against any such employee of
16 the district school board, the district school board may
17 suspend the employee without pay; but, if the charges are not
18 sustained, he or she shall be immediately reinstated, and his
19 or her back salary shall be paid. In cases of suspension by
20 the district school board or by the district school
21 superintendent, the district school board shall determine upon
22 the evidence submitted whether the charges have been sustained
23 and, if the charges are sustained, shall determine either to
24 dismiss the employee or fix the terms under which he or she
25 may be reinstated. If such charges are sustained by a
26 majority vote of the full membership of the district school
27 board and such employee is discharged, his or her contract of
28 employment shall be thereby canceled. Any such decision
29 adverse to the employee may be appealed by him or her pursuant
30 to s. 120.68, provided such appeal is filed within 30 days
31 after the decision of the district school board.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (7) The district school board of any given district
2 shall grant continuing service credit for time spent
3 performing duties as a member of the Legislature to any
4 district employee who possesses a professional service
5 contract, multiyear contract, or continuing contract.
6 (8) Notwithstanding any other provision of law, any
7 member who has retired may interrupt retirement and be
8 reemployed in any public school. Any member so reemployed by
9 the same district from which he or she retired may be employed
10 on a probationary contractual basis as provided in subsection
11 (1); however, no regular retirement employee shall be eligible
12 to renew membership under a retirement system created by
13 chapter 121 or chapter 238.
14 Section 710. Section 1012.34, Florida Statutes, is
15 created to read:
16 1012.34 Assessment procedures and criteria.--
17 (1) For the purpose of improving the quality of
18 instructional, administrative, and supervisory services in the
19 public schools of the state, the district school
20 superintendent shall establish procedures for assessing the
21 performance of duties and responsibilities of all
22 instructional, administrative, and supervisory personnel
23 employed by the school district. The Department of Education
24 must approve each district's instructional personnel
25 assessment system.
26 (2) The following conditions must be considered in the
27 design of the district's instructional personnel assessment
28 system:
29 (a) The system must be designed to support district
30 and school level improvement plans.
31 (b) The system must provide appropriate instruments,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 procedures, and criteria for continuous quality improvement of
2 the professional skills of instructional personnel.
3 (c) The system must include a mechanism to give
4 parents an opportunity to provide input into employee
5 performance assessments when appropriate.
6 (d) In addition to addressing generic teaching
7 competencies, districts must determine those teaching fields
8 for which special procedures and criteria will be developed.
9 (e) Each district school board may establish a peer
10 assistance process. The plan may provide a mechanism for
11 assistance of persons who are placed on performance probation
12 as well as offer assistance to other employees who request it.
13 (f) The district school board shall provide training
14 programs that are based upon guidelines provided by the
15 Department of Education to ensure that all individuals with
16 evaluation responsibilities understand the proper use of the
17 assessment criteria and procedures.
18 (3) The assessment procedure for instructional
19 personnel and school administrators must be primarily based on
20 the performance of students assigned to their classrooms or
21 schools, as appropriate. The procedures must comply with, but
22 are not limited to, the following requirements:
23 (a) An assessment must be conducted for each employee
24 at least once a year. The assessment must be based upon sound
25 educational principles and contemporary research in effective
26 educational practices. The assessment must primarily use data
27 and indicators of improvement in student performance assessed
28 annually as specified in s. 1008.22 and may consider results
29 of peer reviews in evaluating the employee's performance.
30 Student performance must be measured by state assessments
31 required under s. 1008.22 and by local assessments for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subjects and grade levels not measured by the state assessment
2 program. The assessment criteria must include, but are not
3 limited to, indicators that relate to the following:
4 1. Performance of students.
5 2. Ability to maintain appropriate discipline.
6 3. Knowledge of subject matter. The district school
7 board shall make special provisions for evaluating teachers
8 who are assigned to teach out-of-field.
9 4. Ability to plan and deliver instruction, including
10 the use of technology in the classroom.
11 5. Ability to evaluate instructional needs.
12 6. Ability to establish and maintain a positive
13 collaborative relationship with students' families to increase
14 student achievement.
15 7. Other professional competencies, responsibilities,
16 and requirements as established by rules of the State Board of
17 Education and policies of the district school board.
18 (b) All personnel must be fully informed of the
19 criteria and procedures associated with the assessment process
20 before the assessment takes place.
21 (c) The individual responsible for supervising the
22 employee must assess the employee's performance. The evaluator
23 must submit a written report of the assessment to the district
24 school superintendent for the purpose of reviewing the
25 employee's contract. The evaluator must submit the written
26 report to the employee no later than 10 days after the
27 assessment takes place. The evaluator must discuss the written
28 report of assessment with the employee. The employee shall
29 have the right to initiate a written response to the
30 assessment, and the response shall become a permanent
31 attachment to his or her personnel file.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) If an employee is not performing his or her duties
2 in a satisfactory manner, the evaluator shall notify the
3 employee in writing of such determination. The notice must
4 describe such unsatisfactory performance and include notice of
5 the following procedural requirements:
6 1. Upon delivery of a notice of unsatisfactory
7 performance, the evaluator must confer with the employee, make
8 recommendations with respect to specific areas of
9 unsatisfactory performance, and provide assistance in helping
10 to correct deficiencies within a prescribed period of time.
11 2.a. If the employee holds a professional service
12 contract as provided in s. 1012.33, the employee shall be
13 placed on performance probation and governed by the provisions
14 of this section for 90 calendar days following the receipt of
15 the notice of unsatisfactory performance to demonstrate
16 corrective action. School holidays and school vacation periods
17 are not counted when calculating the 90-calendar-day period.
18 During the 90 calendar days, the employee who holds a
19 professional service contract must be evaluated periodically
20 and apprised of progress achieved and must be provided
21 assistance and inservice training opportunities to help
22 correct the noted performance deficiencies. At any time during
23 the 90 calendar days, the employee who holds a professional
24 service contract may request a transfer to another appropriate
25 position with a different supervising administrator; however,
26 a transfer does not extend the period for correcting
27 performance deficiencies.
28 b. Within 14 days after the close of the 90 calendar
29 days, the evaluator must assess whether the performance
30 deficiencies have been corrected and forward a recommendation
31 to the district school superintendent. Within 14 days after
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 receiving the evaluator's recommendation, the district school
2 superintendent must notify the employee who holds a
3 professional service contract in writing whether the
4 performance deficiencies have been satisfactorily corrected
5 and whether the district school superintendent will recommend
6 that the district school board continue or terminate his or
7 her employment contract. If the employee wishes to contest the
8 district school superintendent's recommendation, the employee
9 must, within 15 days after receipt of the district school
10 superintendent's recommendation, submit a written request for
11 a hearing. The hearing shall be conducted at the district
12 school board's election in accordance with one of the
13 following procedures:
14 (I) A direct hearing conducted by the district school
15 board within 60 days after receipt of the written appeal. The
16 hearing shall be conducted in accordance with the provisions
17 of ss. 120.569 and 120.57. A majority vote of the membership
18 of the district school board shall be required to sustain the
19 district school superintendent's recommendation. The
20 determination of the district school board shall be final as
21 to the sufficiency or insufficiency of the grounds for
22 termination of employment; or
23 (II) A hearing conducted by an administrative law
24 judge assigned by the Division of Administrative Hearings of
25 the Department of Management Services. The hearing shall be
26 conducted within 60 days after receipt of the written appeal
27 in accordance with chapter 120. The recommendation of the
28 administrative law judge shall be made to the district school
29 board. A majority vote of the membership of the district
30 school board shall be required to sustain or change the
31 administrative law judge's recommendation. The determination
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the district school board shall be final as to the
2 sufficiency or insufficiency of the grounds for termination of
3 employment.
4 (4) The district school superintendent shall notify
5 the department of any instructional personnel who receive two
6 consecutive unsatisfactory evaluations and who have been given
7 written notice by the district that their employment is being
8 terminated or is not being renewed or that the district school
9 board intends to terminate, or not renew, their employment.
10 The department shall conduct an investigation to determine
11 whether action shall be taken against the certificateholder
12 pursuant to s. 1012.795(1)(b).
13 (5) The district school superintendent shall develop a
14 mechanism for evaluating the effective use of assessment
15 criteria and evaluation procedures by administrators who are
16 assigned responsibility for evaluating the performance of
17 instructional personnel. The use of the assessment and
18 evaluation procedures shall be considered as part of the
19 annual assessment of the administrator's performance. The
20 system must include a mechanism to give parents and teachers
21 an opportunity to provide input into the administrator's
22 performance assessment, when appropriate.
23 (6) Nothing in this section shall be construed to
24 grant a probationary employee a right to continued employment
25 beyond the term of his or her contract.
26 (7) The district school board shall establish a
27 procedure annually reviewing instructional personnel
28 assessment systems to determine compliance with this section.
29 All substantial revisions to an approved system must be
30 reviewed and approved by the district school board before
31 being used to assess instructional personnel. Upon request by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a school district, the department shall provide assistance in
2 developing, improving, or reviewing an assessment system.
3 (8) The State Board of Education shall adopt rules
4 pursuant to ss. 120.536(1) and 120.54, that establish uniform
5 guidelines for the submission, review, and approval of
6 district procedures for the annual assessment of instructional
7 personnel and that include criteria for evaluating
8 professional performance.
9 Section 711. Part III.c. of chapter 1012, Florida
10 Statutes, shall be entitled "Personnel, Instructional and
11 Noninstructional; Authorization; Requirements" and shall
12 consist of ss. 1012.35-1012.46.
13 Section 712. Section 1012.35, Florida Statutes, is
14 created to read:
15 1012.35 Substitute teachers.--Each district school
16 board shall adopt rules prescribing the compensation of, and
17 the procedure for employment of, substitute teachers. Such
18 procedure for employment shall include, but is not limited to,
19 the filing of a complete set of fingerprints as required in s.
20 1012.32.
21 Section 713. Section 1012.36, Florida Statutes, is
22 created to read:
23 1012.36 Part-time teachers.--
24 (1) District school boards may hire certified and
25 qualified personnel as provided in ss. 1012.39 and 1012.57 to
26 teach a specified number of periods, which may be less than a
27 full school day or less than a full school year.
28 (2) Assigned additional school duties and salaries
29 shall be given in direct ratio to the number of periods
30 taught. Other benefits shall be provided by district school
31 board rule or, if applicable, pursuant to chapter 447.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 714. Section 1012.37, Florida Statutes, is
2 created to read:
3 1012.37 Education paraprofessionals.--A district
4 school board may appoint education paraprofessionals to assist
5 members of the instructional staff in carrying out their
6 duties and responsibilities. An education paraprofessional
7 shall not be required to hold a teaching certificate. An
8 education paraprofessional, while rendering services under the
9 supervision of a certified teacher, shall be accorded the same
10 protection of laws as that accorded the certified teacher.
11 Paid education paraprofessionals employed by a district school
12 board shall be entitled to the same rights as those accorded
13 noninstructional employees of the district school board.
14 Section 715. Section 1012.38, Florida Statutes, is
15 created to read:
16 1012.38 Education paraprofessional career
17 development.--
18 (1)(a) Each school district may adopt a program for
19 the career development of education paraprofessionals. The
20 purpose of the program is to provide to education
21 paraprofessionals a system of career development which is
22 based upon education and training advancement, and to furnish
23 economic incentives to encourage excellence among education
24 paraprofessionals.
25 (b) The adoption of each program is subject to chapter
26 447, and the implementation of a program is contingent upon
27 the agreement and ratification of the program by both the
28 employer and employees under s. 447.309.
29 (2) A district education paraprofessional career
30 development program must include voluntary participation by
31 paraprofessionals in five career development levels. The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district school board shall adopt a procedure for verifying
2 the competency levels of all persons who participate in the
3 career development program and a procedure to determine the
4 outcomes and results of the program and impact on student
5 performance.
6 (3)(a) Level I.--To qualify for Level I, the person
7 must meet:
8 1. The health requirement established for certified
9 personnel.
10 2. The age requirements for certified personnel.
11 3. The local school district requirements for
12 employment.
13 (b) Level II.--To qualify for Level II, the person
14 must:
15 1. Have earned a high school diploma or the
16 equivalent.
17 2. Possess a clear understanding of state and district
18 rules and policies relevant to paraprofessionals.
19 3. Possess knowledge of all state and district
20 instructional practices and policies relevant to
21 paraprofessionals.
22 4. Have maintained satisfactory job performance of
23 appropriate skills and competencies for 1 year.
24 (c) Level III.--To qualify for Level III, the person
25 must:
26 1. Have completed 30 college semester hours or the
27 equivalent inservice hours.
28 2. Possess a clear understanding of state and district
29 rules and policies relevant to paraprofessionals.
30 3. Possess knowledge of all state and district
31 instructional practices and policies relevant to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 paraprofessionals.
2 4. Have maintained satisfactory job performance of
3 appropriate skills and competencies for 2 years.
4 (d) Level IV.--To qualify for Level IV, the person
5 must:
6 1. Have completed 60 college semester hours or the
7 equivalent inservice hours.
8 2. Possess a clear understanding of state and district
9 rules and policies relevant to paraprofessionals.
10 3. Possess knowledge of all state and district
11 instructional practices and policies relevant to
12 paraprofessionals.
13 4. Have maintained satisfactory job performance of
14 appropriate skills and competencies for 2 years.
15 (e) Level V.--To qualify for Level V, the person must:
16 1. Have completed coursework to earn a bachelor of
17 arts or bachelor of science degree from an accredited
18 institution pursuant to s. 1012.56(2)(c).
19 2. Possess a clear understanding of state and district
20 rules and policies relevant to paraprofessionals.
21 3. Possess knowledge of all state and district
22 instructional practices and policies relevant to
23 paraprofessionals.
24 4. Have maintained satisfactory job performance of
25 appropriate skills and competencies for 2 years.
26 (4) Paraprofessionals may not:
27 (a) Establish instructional objectives;
28 (b) Make decisions regarding the relevancy of certain
29 activities or procedures to the attainment of instructional
30 objectives;
31 (c) Make decisions regarding the appropriateness of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 certain teaching materials for accomplishing instructional
2 objectives; or
3 (d) Make judgments regarding the attainment of
4 instructional objectives unless these judgments are based upon
5 clear and objective criteria, such as specific achievement
6 standards on a true-false test.
7 Section 716. Section 1012.39, Florida Statutes, is
8 created to read:
9 1012.39 Employment of substitute teachers, teachers of
10 adult education, nondegreed teachers of career education, and
11 career specialists; students performing clinical field
12 experience.--
13 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
14 1012.57, or any other provision of law or rule to the
15 contrary, each district school board shall establish the
16 minimal qualifications for:
17 (a) Substitute teachers to be employed pursuant to s.
18 1012.35. The qualifications shall require the filing of a
19 complete set of fingerprints in the same manner as required by
20 s. 1012.32.
21 (b) Part-time and full-time teachers in adult
22 education programs. The qualifications shall require the
23 filing of a complete set of fingerprints in the same manner as
24 required by s. 1012.32. Faculty employed solely to conduct
25 postsecondary instruction may be exempted from this
26 requirement.
27 (c) Part-time and full-time nondegreed teachers of
28 career and technical programs. Qualifications shall be
29 established for agriculture, business, health occupations,
30 family and consumer sciences, industrial, marketing, career
31 specialist, and public service education teachers, based
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 primarily on successful occupational experience rather than
2 academic training. The qualifications for such teachers shall
3 require:
4 1. The filing of a complete set of fingerprints in the
5 same manner as required by s. 1012.32. Faculty employed solely
6 to conduct postsecondary instruction may be exempted from this
7 requirement.
8 2. Documentation of education and successful
9 occupational experience including documentation of:
10 a. A high school diploma or the equivalent.
11 b. Completion of 6 years of full-time successful
12 occupational experience or the equivalent of part-time
13 experience in the teaching specialization area. Alternate
14 means of determining successful occupational experience may be
15 established by the district school board.
16 c. Completion of career education training conducted
17 through the local school district inservice master plan.
18 d. For full-time teachers, completion of professional
19 education training in teaching methods, course construction,
20 lesson planning and evaluation, and teaching special needs
21 students. This training may be completed through coursework
22 from an accredited or approved institution or an approved
23 district teacher education program.
24 e. Demonstration of successful teaching performance.
25 (2) Substitute, adult education, and nondegreed career
26 education teachers who are employed pursuant to this section
27 shall have the same rights and protection of laws as certified
28 teachers.
29 (3) A student who is enrolled in a state-approved
30 teacher preparation program in a postsecondary educational
31 institution that is approved by rules of the State Board of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education and who is jointly assigned by the postsecondary
2 educational institution and a district school board to perform
3 a clinical field experience under the direction of a regularly
4 employed and certified educator shall, while serving such
5 supervised clinical field experience, be accorded the same
6 protection of law as that accorded to the certified educator
7 except for the right to bargain collectively as an employee of
8 the district school board.
9 Section 717. Section 1012.40, Florida Statutes, is
10 created to read:
11 1012.40 Educational support employees.--
12 (1) As used in this section:
13 (a) "Educational support employee" means any person
14 employed by a district school system who is employed as a
15 teacher assistant, an education paraprofessional, a member of
16 the transportation department, a member of the operations
17 department, a member of the maintenance department, a member
18 of food service, a secretary, or a clerical employee, or any
19 other person who by virtue of his or her position of
20 employment is not required to be certified by the Department
21 of Education or district school board pursuant to s. 1012.39.
22 This section does not apply to persons employed in
23 confidential or management positions. This section applies to
24 all employees who are not temporary or casual and whose duties
25 require 20 or more hours in each normal working week.
26 (b) "Employee" means any person employed as an
27 educational support employee.
28 (2)(a) Each educational support employee shall be
29 employed on probationary status for a period to be determined
30 through the appropriate collective bargaining agreement or by
31 district school board rule in cases where a collective
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 bargaining agreement does not exist.
2 (b) Upon successful completion of the probationary
3 period by the employee, the employee's status shall continue
4 from year to year unless the district school superintendent
5 terminates the employee for reasons stated in the collective
6 bargaining agreement, or in district school board rule in
7 cases where a collective bargaining agreement does not exist,
8 or reduces the number of employees on a districtwide basis for
9 financial reasons.
10 (c) In the event a district school superintendent
11 seeks termination of an employee, the district school board
12 may suspend the employee with or without pay. The employee
13 shall receive written notice and shall have the opportunity to
14 formally appeal the termination. The appeals process shall be
15 determined by the appropriate collective bargaining process or
16 by district school board rule in the event there is no
17 collective bargaining agreement.
18 Section 718. Section 1012.41, Florida Statutes, is
19 created to read:
20 1012.41 Employment of directors of career and
21 technical education.--In order to receive state funding, each
22 district school board that employs at least 15 full-time
23 equivalent career and technical teachers must employ a
24 director of career and technical education who meets the
25 certification requirements established by the State Board of
26 Education. The directors shall be directly accountable to the
27 district school superintendent, or his or her designee, for
28 the planning and implementation of career and technical
29 programs. Two or more district school boards may employ a
30 single director.
31 Section 719. Section 1012.42, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1012.42 Teacher teaching out-of-field.--
3 (1) ASSISTANCE.--Each district school board shall
4 adopt and implement a plan to assist any teacher teaching
5 out-of-field, and priority consideration in professional
6 development activities shall be given to teachers who are
7 teaching out-of-field. The district school board shall require
8 that such teachers participate in a certification or staff
9 development program designed to provide the teacher with the
10 competencies required for the assigned duties. The
11 board-approved assistance plan must include duties of
12 administrative personnel and other instructional personnel to
13 provide students with instructional services. Each district
14 school board shall contact its regional workforce board,
15 created pursuant to s. 445.007, to identify resources that may
16 assist teachers who are teaching out-of-field and who are
17 pursuing certification.
18 (2) NOTIFICATION REQUIREMENTS.--When a teacher in a
19 district school system is assigned teaching duties in a class
20 dealing with subject matter that is outside the field in which
21 the teacher is certified, outside the field that was the
22 applicant's minor field of study, or outside the field in
23 which the applicant has demonstrated sufficient subject area
24 expertise, as determined by district school board policy in
25 the subject area to be taught, the parents of all students in
26 the class shall be notified in writing of such assignment.
27 Section 720. Section 1012.43, Florida Statutes, is
28 created to read:
29 1012.43 Career and technical teachers.--
30 (1) Career and technical teachers and other teachers
31 who qualify for certificates on the basis of nonacademic
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 preparation shall be entitled to all the contractual rights
2 and privileges now granted to other instructional personnel
3 holding equivalent certificates.
4 (2) A holder of a certificate based on nonacademic
5 preparation which entitled him or her to employment to teach
6 classes in career and technical or adult education shall not
7 be assigned to teach in a regular academic field of the
8 kindergarten through grade 12 school program.
9 Section 721. Section 1012.44, Florida Statutes, is
10 created to read:
11 1012.44 Qualifications for certain persons providing
12 speech-language services.--The State Board of Education shall
13 adopt rules for speech-language services to school districts
14 that qualify for the sparsity supplement as described in s.
15 1011.62(6). These services may be provided by baccalaureate
16 degree level persons for a period of 3 years. The rules shall
17 authorize the delivery of speech-language services by
18 baccalaureate degree level persons under the direction of a
19 certified speech-language pathologist with a master's degree
20 or higher. By October 1, 2003, these rules shall be reviewed
21 by the State Board of Education.
22 Section 722. Section 1012.45, Florida Statutes, is
23 created to read:
24 1012.45 School bus drivers; requirements and duties.--
25 (1) Each school bus driver must be of good moral
26 character, of good vision and hearing, able-bodied, free from
27 communicable disease, mentally alert, and sufficiently strong
28 physically to handle the bus with ease, and he or she must
29 possess other qualifications prescribed by the Commissioner of
30 Education, including those qualifications described in 49
31 C.F.R. s. 391, relating to physical qualifications and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 examinations and 49 C.F.R. part 40 and part 382, relating to
2 controlled substance and alcohol use and testing, and he or
3 she must hold a valid commercial driver's license with a
4 passenger endorsement.
5 (2) Each school bus driver has the authority and
6 responsibility to control students during the time students
7 are on the school bus pursuant to s. 1006.10.
8 (3) The State Board of Education shall adopt rules
9 outlining requirements that school bus drivers must meet
10 before they are employed by district school boards.
11 (4) Each district school board may provide a school
12 bus driver training program and may make this program
13 available to private school bus drivers by contract.
14 Section 723. Section 1012.46, Florida Statutes, is
15 created to read:
16 1012.46 Athletic trainers.--
17 (1) School districts may establish and implement an
18 athletic injuries prevention and treatment program. Central to
19 this program should be the employment and availability of
20 persons trained in the prevention and treatment of physical
21 injuries which may occur during athletic activities. The
22 program should reflect opportunities for progressive
23 advancement and compensation in employment as provided in
24 subsection (2) and meet certain other minimum standards
25 developed by the Department of Education. The goal of the
26 Legislature is to have school districts employ and have
27 available a full-time teacher athletic trainer in each high
28 school in the state.
29 (2) To the extent practicable, a school district
30 program should include the following employment classification
31 and advancement scheme:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) First responder.--To qualify as a first responder,
2 a person must possess a professional, temporary, part-time,
3 adjunct, or substitute certificate pursuant to s. 1012.56, be
4 certified in cardiopulmonary resuscitation, first aid, and
5 have 15 semester hours in courses such as care and prevention
6 of athletic injuries, anatomy, physiology, nutrition,
7 counseling, and other similar courses approved by the
8 Commissioner of Education. This person may only administer
9 first aid and similar care.
10 (b) Teacher athletic trainer.--To qualify as a teacher
11 athletic trainer, a person must possess a professional,
12 temporary, part-time, adjunct, or substitute certificate
13 pursuant to s. 1012.35, s. 1012.56 or s. 1012.57, and be
14 licensed as required by part XIII of chapter 468.
15 Section 724. Part III.d. of chapter 1012, Florida
16 Statutes, shall be entitled "Educator Certification for Public
17 Schools; Renewal; Duties" and shall consist of ss.
18 1012.51-1012.595.
19 Section 725. Section 1012.51, Florida Statutes, is
20 created to read:
21 1012.51 Legislative intent; declaration.--It is the
22 intent and purpose of the Legislature that the practice of
23 teaching in the public school system and its related services,
24 including administering and supervisory services, shall be
25 designated as professional services. Teaching is hereby
26 declared to be a profession in Florida, with similar rights,
27 responsibilities, and privileges accorded other legally
28 recognized professions.
29 Section 726. Section 1012.52, Florida Statutes, is
30 created to read:
31 1012.52 Teacher quality; legislative findings.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) The Legislature intends to implement a
2 comprehensive approach to increase students' academic
3 achievement and improve teaching quality. The Legislature
4 recognizes that professional educators play an important role
5 in shaping the future of this state and the nation by
6 developing the knowledge and skills of our future workforce
7 and laying the foundation for good citizenship and full
8 participation in community and civic life. The Legislature
9 also recognizes its role in meeting the state's educational
10 priorities so as to provide opportunity for all students to
11 achieve at the levels set by the Sunshine State Standards.
12 (2) The Legislature further finds that effective
13 educators are able to do the following:
14 (a) Write and speak in a logical and understandable
15 style, using appropriate grammar and sentence structure, and
16 demonstrate a command of standard English, enunciation,
17 clarity of oral directions, and pace and precision in
18 speaking.
19 (b) Read, comprehend, and interpret professional and
20 other written material.
21 (c) Compute, think logically, and solve problems.
22 (d) Recognize signs of students' difficulty with the
23 reading and computational process and apply appropriate
24 measures to improve students' reading and computational
25 performance.
26 (e) Recognize patterns of physical, social, emotional,
27 and intellectual development in students, including
28 exceptional students in the regular classroom.
29 (f) Recognize and demonstrate awareness of the
30 educational needs of students who have limited proficiency in
31 English and employ appropriate teaching strategies.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (g) Use and integrate appropriate technology in
2 teaching and learning processes and in managing, evaluating,
3 and improving instruction.
4 (h) Use assessment and other diagnostic strategies to
5 assist the continuous development and acquisition of knowledge
6 and understanding of the learner.
7 (i) Use teaching and learning strategies that include
8 consideration of each student's learning styles, needs, and
9 background.
10 (j) Demonstrate the ability to maintain a positive,
11 collaborative relationship with students' families to increase
12 student achievement.
13 (k) Recognize signs of tendency toward violence and
14 severe emotional distress in students and apply techniques of
15 crisis intervention.
16 (l) Recognize signs of alcohol and drug abuse in
17 students and know how to appropriately work with such students
18 and seek assistance designed to prevent future abuse.
19 (m) Recognize the physical and behavioral indicators
20 of child abuse and neglect and know rights and
21 responsibilities regarding reporting.
22 (n) Demonstrate the ability to maintain a positive
23 environment in the classroom while achieving order and
24 discipline.
25 (o) Demonstrate the ability to grade student
26 performance effectively.
27 (p) Demonstrate knowledge and understanding of the
28 value of, and strategies for, promoting parental involvement
29 in education.
30 Section 727. Section 1012.53, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1012.53 Duties of instructional personnel.--
2 (1) The primary duty of instructional personnel is to
3 work diligently and faithfully to help students meet or exceed
4 annual learning goals, to meet state and local achievement
5 requirements, and to master the skills required to graduate
6 from high school prepared for postsecondary education and
7 work. This duty applies to instructional personnel whether
8 they teach or function in a support role.
9 (2) Members of the instructional staff of the public
10 schools shall perform duties prescribed by rules of the
11 district school board. The rules shall include, but are not
12 limited to, rules relating to a teacher's duty to help
13 students master challenging standards and meet all state and
14 local requirements for achievement; teaching efficiently and
15 faithfully, using prescribed materials and methods, including
16 technology-based instruction; recordkeeping; and fulfilling
17 the terms of any contract, unless released from the contract
18 by the district school board.
19 Section 728. Section 1012.54, Florida Statutes, is
20 created to read:
21 1012.54 Purpose of instructional personnel
22 certification.--It is the intent of the Legislature that
23 school personnel certified in this state possess the
24 credentials, knowledge, and skills necessary to allow the
25 opportunity for a high-quality education in the public
26 schools. The purpose of school personnel certification is to
27 protect the educational interests of students, parents, and
28 the public at large by assuring that teachers in this state
29 are professionally qualified. In fulfillment of its duty to
30 the citizens of this state, the Legislature has established
31 certification requirements to assure that educational
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 personnel in public schools possess appropriate skills in
2 reading, writing, and mathematics, and adequate pedagogical
3 knowledge, including the use of technology to enhance student
4 learning, and relevant subject matter competence so as to
5 demonstrate an acceptable level of professional performance.
6 Further, the Legislature has established a certificate renewal
7 process which promotes the continuing professional improvement
8 of school personnel, thereby enhancing public education in all
9 areas of the state.
10 Section 729. Section 1012.55, Florida Statutes, is
11 created to read:
12 1012.55 Positions for which certificates required.--
13 (1) The State Board of Education shall classify school
14 services, designate the certification subject areas, establish
15 competencies, including the use of technology to enhance
16 student learning, and certification requirements for all
17 school-based personnel, and adopt rules in accordance with
18 which the professional, temporary, and part-time certificates
19 shall be issued by the Department of Education to applicants
20 who meet the standards prescribed by such rules for their
21 class of service. Each person employed or occupying a position
22 as school supervisor, school principal, teacher, library media
23 specialist, school counselor, athletic coach, or other
24 position in which the employee serves in an instructional
25 capacity, in any public school of any district of this state
26 shall hold the certificate required by law and by rules of the
27 State Board of Education in fulfilling the requirements of the
28 law for the type of service rendered. However, the state board
29 shall adopt rules authorizing district school boards to employ
30 selected noncertificated personnel to provide instructional
31 services in the individuals' fields of specialty or to assist
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 instructional staff members as education paraprofessionals.
2 (2) Each person who is employed and renders service as
3 an athletic coach in any public school in any district of this
4 state shall hold a valid temporary or professional certificate
5 or an athletic coaching certificate. The athletic coaching
6 certificate may be used for either part-time or full-time
7 positions. The provisions of this subsection do not apply to
8 any athletic coach who voluntarily renders service and who is
9 not employed by any public school district of this state.
10 (3) Each person employed as a school nurse shall hold
11 a license to practice nursing in the state, and each person
12 employed as a school physician shall hold a license to
13 practice medicine in the state.
14 (4) A commissioned or noncommissioned military officer
15 who is an instructor of junior reserve officer training shall
16 be exempt from requirements for teacher certification, except
17 for the filing of fingerprints pursuant to s. 1012.32, if he
18 or she meets the following qualifications:
19 (a) Is retired from active military duty, pursuant to
20 chapter 102 of Title 10, U.S.C.
21 (b) Satisfies criteria established by the appropriate
22 military service for certification by the service as a junior
23 reserve officer training instructor.
24 (c) Has an exemplary military record.
25
26 If such instructor is assigned instructional duties other than
27 junior reserve officer training, he or she shall hold the
28 certificate required by law and rules of the state board for
29 the type of service rendered.
30 Section 730. Effective July 1, 2002, section 1012.56,
31 Florida Statutes, is created to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1012.56 Educator certification requirements.--
2 (1) APPLICATION.--Each person seeking certification
3 pursuant to this chapter shall submit a completed application
4 containing the applicant's social security number to the
5 Department of Education and remit the fee required pursuant to
6 s. 1012.59 and rules of the State Board of Education. Pursuant
7 to the federal Personal Responsibility and Work Opportunity
8 Reconciliation Act of 1996, each party is required to provide
9 his or her social security number in accordance with this
10 section. Disclosure of social security numbers obtained
11 through this requirement shall be limited to the purpose of
12 administration of the Title IV-D program of the Social
13 Security Act for child support enforcement. Pursuant to s.
14 120.60, the department shall issue within 90 calendar days
15 after the stamped receipted date of the completed application:
16 (a) A certificate covering the classification, level,
17 and area for which the applicant is deemed qualified; or
18 (b) An official statement of status of eligibility.
19 The statement of status of eligibility must advise the
20 applicant of any qualifications that must be completed to
21 qualify for certification. Each statement of status of
22 eligibility is valid for 2 years after its date of issuance,
23 except as provided in paragraph (2)(d). A statement of status
24 of eligibility may be reissued for one additional 2-year
25 period if application is made while the initial statement of
26 status of eligibility is valid or within 1 year after the
27 initial statement expires, and if the certification subject
28 area is authorized to be issued by the state board at the time
29 the application requesting a reissued statement of status of
30 eligibility is received.
31 (2) ELIGIBILITY CRITERIA.--To be eligible to seek
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 certification pursuant to this chapter, a person must:
2 (a) Be at least 18 years of age.
3 (b) File a written statement, under oath, that the
4 applicant subscribes to and will uphold the principles
5 incorporated in the Constitution of the United States and the
6 Constitution of the State of Florida.
7 (c) Document receipt of a bachelor's or higher degree
8 from an accredited institution of higher learning, or a
9 nonaccredited institution of higher learning that the
10 Department of Education has identified as having a quality
11 program resulting in a bachelor's degree, or higher. Each
12 applicant seeking initial certification must have attained at
13 least a 2.5 overall grade point average on a 4.0 scale in the
14 applicant's major field of study. The applicant may document
15 the required education by submitting official transcripts from
16 institutions of higher education or by authorizing the direct
17 submission of such official transcripts through established
18 electronic network systems. The bachelor's or higher degree
19 may not be required in areas approved in rule by the State
20 Board of Education as nondegreed areas.
21 (d) Submit to a fingerprint check from the Department
22 of Law Enforcement and the Federal Bureau of Investigation
23 pursuant to s. 1012.32. If the fingerprint reports indicate a
24 criminal history or if the applicant acknowledges a criminal
25 history, the applicant's records shall be referred to the
26 Bureau of Educator Standards for review and determination of
27 eligibility for certification. If the applicant fails to
28 provide the necessary documentation requested by the Bureau of
29 Educator Standards within 90 days after the date of the
30 receipt of the certified mail request, the statement of
31 eligibility and pending application shall become invalid.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (e) Be of good moral character.
2 (f) Be competent and capable of performing the duties,
3 functions, and responsibilities of an educator.
4 (g) Demonstrate mastery of general knowledge, pursuant
5 to subsection (3).
6 (h) Demonstrate mastery of subject area knowledge,
7 pursuant to subsection (4).
8 (i) Demonstrate mastery of professional preparation
9 and education competence, pursuant to subsection (5).
10 (3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
11 demonstrating mastery of general knowledge are:
12 (a) Achievement of passing scores on basic skills
13 examination required by state board rule;
14 (b) Achievement of passing scores on the College Level
15 Academic Skills Test earned prior to July 1, 2002;
16 (c) A valid standard teaching certificate issued by
17 another state that requires an examination of mastery of
18 general knowledge;
19 (d) A valid standard teaching certificate issued by
20 another state and valid certificate issued by the National
21 Board for Professional Teaching Standards; or
22 (e) A valid standard teaching certificate issued by
23 another state and documentation of 2 years of continuous
24 successful full-time teaching or administrative experience
25 during the 5-year period immediately preceding the date of
26 application for certification.
27 (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable
28 means of demonstrating mastery of subject area knowledge are:
29 (a) Achievement of passing scores on subject area
30 examinations required by state board rule;
31 (b) Completion of the subject area specialization
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 requirements specified in state board rule and verification of
2 the attainment of the essential subject matter competencies by
3 the district school superintendent of the employing school
4 district or chief administrative officer of the employing
5 state-supported or private school for a subject area for which
6 a subject area examination has not been developed and required
7 by state board rule;
8 (c) Completion of the graduate level subject area
9 specialization requirements specified in state board rule for
10 a subject coverage requiring a master's or higher degree and
11 achievement of a passing score on the subject area examination
12 specified in state board rule;
13 (d) A valid standard teaching certificate issued by
14 another state that requires an examination of mastery of
15 subject area knowledge;
16 (e) A valid standard teaching certificate issued by
17 another state and valid certificate issued by the National
18 Board for Professional Teaching Standards; or
19 (f) A valid standard teaching certificate issued by
20 another state and documentation of 2 years of continuous
21 successful full-time teaching or administrative experience
22 during the 5-year period immediately preceding the date of
23 application for certification.
24 (5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
25 COMPETENCE.--Acceptable means of demonstrating mastery of
26 professional preparation and education competence are:
27 (a) Completion of an approved teacher preparation
28 program at a postsecondary educational institution within this
29 state and achievement of a passing score on the professional
30 education competency examination required by state board rule;
31 (b) Completion of a teacher preparation program at a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 postsecondary educational institution outside Florida and
2 achievement of a passing score on the professional education
3 competency examination required by state board rule;
4 (c) A valid standard teaching certificate issued by
5 another state that requires an examination of mastery of
6 professional education competence;
7 (d) A valid standard teaching certificate issued by
8 another state and valid certificate issued by the National
9 Board for Professional Teaching Standards;
10 (e) A valid standard teaching certificate issued by
11 another state and documentation of 2 years of continuous
12 successful full-time teaching or administrative experience
13 during the 5-year period immediately preceding the date of
14 application for certification;
15 (f) Completion of professional preparation courses as
16 specified in state board rule, successful completion of a
17 professional education competence demonstration program
18 pursuant to paragraph (7)(b), and achievement of a passing
19 score on the professional education competency examination
20 required by state board rule; or
21 (g) Successful completion of a professional
22 preparation alternative certification and education competency
23 program, outlined in paragraph (7)(a).
24 (6) TYPES AND TERMS OF CERTIFICATION.--
25 (a) The Department of Education shall issue a
26 professional certificate for a period not to exceed 5 years to
27 any applicant who meets all the requirements outlined in
28 subsection (2).
29 (b) The department shall issue a temporary certificate
30 to any applicant who completes the requirements outlined in
31 paragraphs (2)(a)-(f) and completes the subject area content
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 requirements specified in state board rule or demonstrates
2 mastery of subject area knowledge pursuant to subsection (4)
3 and holds an accredited degree or a degree approved by the
4 Department of Education at the level required for the subject
5 area specialization in state board rule.
6 (c) The department shall issue one nonrenewable 2-year
7 temporary certificate and one nonrenewable 5-year professional
8 certificate to a qualified applicant who holds a bachelor's
9 degree in the area of speech-language impairment to allow for
10 completion of a master's degree program in speech-language
11 impairment.
12
13 Each temporary certificate is valid for 3 school fiscal years
14 and is nonrenewable. However, the requirement in paragraph
15 (2)(g) must be met within 1 calendar year of the date of
16 employment under the temporary certificate. Individuals who
17 are employed under contract at the end of the 1 calendar year
18 time period may continue to be employed through the end of the
19 school year in which they have been contracted. A school
20 district shall not employ, or continue the employment of, an
21 individual in a position for which a temporary certificate is
22 required beyond this time period if the individual has not met
23 the requirement of paragraph (2)(g). The State Board of
24 Education shall adopt rules to allow the department to extend
25 the validity period of a temporary certificate for 2 years
26 when the requirements for the professional certificate, not
27 including the requirement in paragraph (2)(g), were not
28 completed due to the serious illness or injury of the
29 applicant or other extraordinary extenuating circumstances.
30 The department shall reissue the temporary certificate for 2
31 additional years upon approval by the Commissioner of
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1 Education. A written request for reissuance of the certificate
2 shall be submitted by the district school superintendent, the
3 governing authority of a university lab school, the governing
4 authority of a state-supported school, or the governing
5 authority of a private school.
6 (7) PROFESSIONAL PREPARATION ALTERNATIVE CERTIFICATION
7 AND EDUCATION COMPETENCY PROGRAM.--
8 (a) The Department of Education shall develop and each
9 school district must provide a cohesive competency-based
10 professional preparation alternative certification program by
11 which members of a school district's instructional staff may
12 satisfy the mastery of professional preparation and education
13 competence requirements specified in this subsection and rules
14 of the State Board of Education. Participants must hold a
15 state-issued temporary certificate. A school district shall
16 provide a competency-based alternative certification
17 preparation program developed by the Department of Education
18 or developed by the district and approved by the Department of
19 Education. The program shall include the following components:
20 1. A minimum period of initial preparation prior to
21 assuming duties as the teacher of record.
22 2. An option for collaboration between school
23 districts and other supporting agencies for implementation.
24 3. Experienced peer mentors.
25 4. An assessment that provides for:
26 a. An initial evaluation of each educator's
27 competencies to determine an appropriate individualized
28 professional development plan.
29 b. A postevaluation to assure successful completion of
30 the program.
31 5. Professional education preparation content
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1 knowledge that includes, but is not limited to, the following:
2 a. Requirements specified in state board rule for
3 professional preparation.
4 b. The educator-accomplished practices approved by the
5 state board.
6 c. A variety of data indicators for student progress.
7 d. Methodologies, including technology-based
8 methodologies, for teaching subject content that supports the
9 Sunshine State Standards for students.
10 e. Techniques for effective classroom management.
11 f. Techniques and strategies for operationalizing the
12 role of the teacher in assuring a safe learning environment
13 for students.
14 g. Methodologies for assuring the ability of all
15 students to read, write, and compute.
16 6. Required achievement of passing scores on the
17 professional education competency examination required by
18 state board rule.
19 (b) Each school district must and a state supported
20 public school or a private school may develop and maintain a
21 system by which members of the instructional staff may
22 demonstrate mastery of professional education competence as
23 required by law. Each program must be based on classroom
24 application and instructional performance and must include a
25 performance evaluation plan for documenting the demonstration
26 of required professional education competence.
27 (8) EXAMINATIONS.--
28 (a) The Commissioner of Education, with the approval
29 of the State Board of Education, may contract for developing,
30 printing, administering, scoring, and appropriate analysis of
31 the written examinations required.
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1 (b) The State Board of Education shall, by rule,
2 specify the examination scores that are required for the
3 issuance of a professional certificate and temporary
4 certificate. Such rules must define generic subject area
5 competencies and must establish uniform evaluation guidelines.
6 (c) The State Board of Education shall designate the
7 certification areas for subject area examinations. All
8 required examinations may be taken prior to graduation.
9 (d) If an applicant takes an examination developed by
10 this state and does not achieve the score necessary for
11 certification, the applicant may review his or her completed
12 examination and bring to the attention of the department any
13 errors that would result in a passing score.
14 (e) For any examination developed by this state, the
15 Department of Education and the State Board of Education shall
16 maintain confidentiality of the examination, developmental
17 materials, and workpapers, which are exempt from s. 119.07(1).
18 (f) The examinations used for demonstration of mastery
19 of general knowledge, professional education competence, and
20 subject area knowledge shall be aligned with student standards
21 approved by the state board. The delivery system for these
22 examinations shall provide for overall efficiency,
23 user-friendly application, reasonable accessibility to
24 prospective teachers, and prompt attainment of examination
25 results. The examination of competency for demonstration of
26 subject area knowledge shall be sufficiently comprehensive to
27 assess subject matter expertise for individuals who have
28 acquired subject knowledge either through college credit or by
29 other means.
30 (g) All examination instruments, including
31 developmental materials and workpapers directly related
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1 thereto, which are prepared, prescribed, or administered
2 pursuant to this section shall be confidential and exempt from
3 the provisions of s. 119.07(1) and from s. 1001.52. Provisions
4 governing access to, maintenance of, and destruction of such
5 instruments and related materials shall be prescribed by rules
6 of the State Board of Education.
7 (9) NONCITIZENS.--
8 (a) The State Board of Education may adopt rules for
9 issuing certificates to noncitizens who are needed to teach
10 and who are legally admitted to the United States through the
11 United States Immigration and Naturalization Service. The
12 filing of a written oath to uphold the principles of the
13 Constitution of the United States and the Constitution of the
14 State of Florida, required under paragraph (2)(b), does not
15 apply to individuals assigned to teach on an exchange basis.
16 (b) A certificate may not be issued to a citizen of a
17 nation controlled by forces that are antagonistic to
18 democratic forms of government, except to an individual who
19 has been legally admitted to the United States through the
20 United States Immigration and Naturalization Service.
21 (10) DENIAL OF CERTIFICATE.--
22 (a) The Department of Education may deny an applicant
23 a certificate if the department possesses evidence
24 satisfactory to it that the applicant has committed an act or
25 acts, or that a situation exists, for which the Education
26 Practices Commission would be authorized to revoke a teaching
27 certificate.
28 (b) The decision of the department is subject to
29 review by the Education Practices Commission upon the filing
30 of a written request from the applicant within 20 days after
31 receipt of the notice of denial.
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1 (11) STATE BOARD RULES.--The State Board of Education
2 shall adopt rules pursuant to ss. 120.536 and 120.54, as
3 necessary to implement this section.
4 (12) PRIOR APPLICATION.--Persons who apply for
5 certification are governed by the law and rules in effect at
6 the time of application for issuance of the initial
7 certificate, provided that continuity of certificates is
8 maintained.
9 (13) PERSONNEL RECORDS.--The Department of Education
10 shall maintain a complete statement of the academic
11 preparation, professional training, and teaching experience of
12 each person to whom a certificate is issued. The applicant or
13 the district school superintendent shall furnish the
14 information using a format or forms provided by the
15 department.
16 (14) AUTHORITY OF COMMISSIONER.--The Commissioner of
17 Education may make decisions regarding an applicant's
18 certification under extenuating circumstances not otherwise
19 provided for in statute or by rule. However, an applicant for
20 certification approved by the commissioner must possess the
21 credentials, knowledge, and skills necessary to provide
22 quality education in the public schools.
23 (15) COMPARISON OF ROUTES TO A PROFESSIONAL
24 CERTIFICATE.--Beginning with the 2003-2004 school year, the
25 Department of Education shall conduct a longitudinal study to
26 compare performance of certificateholders who are employed in
27 Florida school districts. The study shall compare a sampling
28 of educators who have qualified for a professional certificate
29 since July 1, 2002, based on the following:
30 (a) Graduation from a state-approved teacher
31 preparation program.
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1 (b) Completion of a state-approved professional
2 preparation and education competency program.
3 (c) A valid standard teaching certificate issued by a
4 state other than Florida.
5
6 The department comparisons shall be made to determine if there
7 is any significant difference in the performance of these
8 groups of teachers, as measured by their students' achievement
9 levels and learning gains as measured by s. 1008.22.
10 Section 731. Section 1012.565, Florida Statutes, is
11 created to read:
12 1012.565 Educator certification for blind and visually
13 impaired students.--As a part of the certification process,
14 teachers certified in the education of blind and visually
15 impaired students shall be required to demonstrate competence
16 in reading, writing, and teaching braille pursuant to
17 standards adopted by the Department of Education, comparable
18 to the braille reading and writing standards adopted by the
19 National Library Service for the Blind and Physically
20 Handicapped, Library of Congress, Washington, D.C. The
21 department shall ensure that teachers of students with visual
22 impairments have access to inservice instruction for the
23 purpose of updating their braille skill competence.
24 Section 732. Section 1012.57, Florida Statutes, is
25 created to read:
26 1012.57 Certification of adjunct educators.--
27 (1) Notwithstanding the provisions of ss. 1012.32,
28 1012.55, and 1012.56, or any other provision of law or rule to
29 the contrary, district school boards may issue an adjunct
30 teaching certificate to any applicant who fulfills the
31 requirements of s. 1012.56(2)(a)-(f) and who has expertise in
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1 the subject area to be taught. An applicant shall be
2 considered to have expertise in the subject area to be taught
3 if the applicant has at least a minor in the subject area or
4 demonstrates sufficient subject area mastery as determined by
5 district school board policy. The adjunct teaching certificate
6 shall be used for part-time teaching positions. The intent of
7 this provision is to allow school districts to tap the wealth
8 of talent and expertise represented in Florida's citizens who
9 may wish to teach part-time in a Florida public school by
10 permitting school districts to issue adjunct certificates.
11 Adjunct certificateholders should be used as a strategy to
12 reduce the teacher shortage; thus, adjunct certificateholders
13 should supplement a school's instructional staff, not supplant
14 it. Each school principal shall assign an experienced peer
15 mentor to assist the adjunct teaching certificateholder during
16 the certificateholder's first year of teaching, and an adjunct
17 certificateholder may participate in a district's new teacher
18 training program. District school boards shall provide the
19 adjunct teaching certificateholder an orientation in classroom
20 management prior to assigning the certificateholder to a
21 school. Each adjunct teaching certificate is valid for 5
22 school years and is renewable if:
23 (a) The applicant completes a minimum of 60 inservice
24 points or 3 semester hours of college credit. The earned
25 credits must include instruction in classroom management,
26 district school board procedures, school culture, and other
27 activities that enhance the professional teaching skills of
28 the certificateholder.
29 (b) The applicant has received satisfactory
30 performance evaluations during each year of teaching under
31 adjunct teaching certification.
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1 (2) Individuals who are certified and employed
2 pursuant to this section shall have the same rights and
3 protection of laws as teachers certified pursuant to s.
4 1012.56.
5 Section 733. Section 1012.575, Florida Statutes, is
6 created to read:
7 1012.575 Alternative preparation programs for
8 certified teachers to add additional coverage.--A district
9 school board may design alternative teacher preparation
10 programs to enable persons already certificated to add an
11 additional coverage to their certificates. Each alternative
12 teacher preparation program shall be reviewed and approved by
13 the Department of Education to assure that persons who
14 complete the program are competent in the necessary areas of
15 subject matter specialization. Two or more school districts
16 may jointly participate in an alternative preparation program
17 for teachers.
18 Section 734. Section 1012.58, Florida Statutes, is
19 created to read:
20 1012.58 Transition to Teaching Program.--
21 (1) LEGISLATIVE INTENT.--The Transition to Teaching
22 Program is created to encourage and assist midcareer
23 professionals who want to become teachers.
24 (2) GRANTS; ELIGIBLE APPLICANTS.--
25 (a) The Commissioner of Education shall design the
26 process for receiving and evaluating grant proposals in
27 accordance with state and federal appropriations guidelines.
28 Grants may be awarded only to the extent that funding is
29 provided.
30 (b) The Commissioner of Education shall request
31 proposals from eligible applicants to participate in the
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1 program. Each application must:
2 1. Describe the target group of career-changing
3 professionals upon which the applicant will focus in carrying
4 out its program, including a description of the
5 characteristics of the target group that shows how the
6 knowledge and experience of its members are likely to improve
7 their ability to become effective teachers.
8 2. Describe how the applicant will identify and
9 recruit program participants.
10 3. Describe how the applicant will ensure that program
11 participants are placed and teach in eligible school districts
12 in this state.
13 4. Describe the teacher support services that program
14 participants will receive throughout at least their first year
15 of teaching.
16 5. Describe how the applicant will collaborate with
17 other institutions, agencies, or organizations to recruit,
18 train, place, and support program participants, including
19 evidence of the commitment of those institutions, agencies, or
20 organizations to the applicant's program.
21 (c) The Commissioner of Education must require an
22 evaluation process to measure the progress and effectiveness
23 of the program. This evaluation must include:
24 1. The program's goals and objectives.
25 2. The performance indicators that the applicant will
26 use to measure the program's progress.
27 3. The outcome measures that will be used to determine
28 the program's effectiveness.
29 4. An assurance that the applicant will provide the
30 commissioner with information the commissioner finds necessary
31 to determine the overall effectiveness of the programs.
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1 (3) PROGRAM IMPLEMENTATION; AUTHORIZED EXPENDITURES.--
2 (a) An applicant shall estimate the funds required for
3 the proposed program. All funds provided for a program must be
4 used as authorized in federal guidelines.
5 (b) Eligible applicants are encouraged to implement
6 the program using the following components:
7 1. Recruiting program participants, including
8 informing them of opportunities under the program and putting
9 them in contact with other institutions, agencies, or
10 organizations that will train, place, and support them in the
11 teaching profession.
12 2. Assisting providers of teacher training to tailor
13 their training to meet the particular needs of professionals
14 who are changing their careers to teaching.
15 3. Placement activities, including identifying
16 eligible local education agencies with a need for the skills
17 and characteristics of the newly trained program participants
18 and assisting those participants to obtain employment in those
19 school districts.
20 4. Post-placement support activities for program
21 participants.
22 (4) ELIGIBLE PARTICIPANTS; REQUIREMENTS FOR GRANT
23 REPAYMENT.--
24 (a) Each participant who receives a grant from the
25 program to pursue a teacher preparation program must agree to
26 teach in an eligible school district in this state for at
27 least 3 years after certification. To be eligible, a school
28 district must meet the requirements established in regulations
29 that implement the Omnibus Appropriations Bill of 2000.
30 (b) The commissioner shall establish conditions under
31 which a participant must repay all or a portion of the
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1 training stipend if the participant fails to complete his or
2 her service obligation.
3 Section 735. Section 1012.585, Florida Statutes, is
4 created to read:
5 1012.585 Process for renewal of professional
6 certificates.--
7 (1)(a) District school boards in this state shall
8 renew state-issued professional certificates as follows:
9 1. Each district school board shall renew state-issued
10 professional certificates for individuals who hold a
11 professional certificate by this state and are employed by
12 that district pursuant to criteria established in subsections
13 (2), (3), and (4) and rules of the State Board of Education.
14 2. The employing school district may charge the
15 individual an application fee not to exceed the amount charged
16 by the Department of Education for such services, including
17 associated late renewal fees. Each district school board
18 shall transmit monthly to the department a fee in an amount
19 established by the State Board of Education for each renewed
20 certificate. The fee shall not exceed the actual cost for
21 maintenance and operation of the statewide certification
22 database and for the actual costs incurred in printing and
23 mailing such renewed certificates. As defined in current rules
24 of the state board, the department shall contribute a portion
25 of such fee for purposes of funding the Educator Recovery
26 Network established in s. 1012.798. The department shall
27 deposit all funds into the Educational Certification Trust
28 Fund for use as specified in s. 1012.59.
29 (b) The department shall renew state-issued
30 professional certificates for individuals who are not employed
31 by a district school board of this state pursuant to criteria
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1 established in subsections (2), (3), and (4) and requirements
2 specified in rules of the state board.
3 (2)(a) All professional certificates, except a
4 nonrenewable professional certificate, shall be renewable for
5 successive periods not to exceed 5 years after the date of
6 submission of documentation of completion of the requirements
7 for renewal provided in subsection (3). Only one renewal may
8 be granted during each 5-year validity period of a
9 professional certificate.
10 (b) A teacher with national certification from the
11 National Board for Professional Teaching Standards is deemed
12 to meet state renewal requirements for the life of the
13 teacher's national certificate in the subject shown on the
14 national certificate.
15 (c) If the renewal application form is not received by
16 the department or by the employing school district before the
17 expiration of the professional certificate, the application
18 form, application fee, and a late fee must be submitted before
19 July 1 of the year following expiration of the certificate in
20 order to renew the professional certificate.
21 (d) The State Board of Education shall adopt rules to
22 allow a 1-year extension of the validity period of a
23 professional certificate in the event of serious illness,
24 injury, or other extraordinary extenuating circumstances of
25 the applicant. The department shall grant such 1-year
26 extension upon written request by the applicant or by the
27 district school superintendent or the governing authority of a
28 university lab school, state-supported school, or private
29 school that employs the applicant.
30 (3) For the renewal of a professional certificate, the
31 following requirements must be met:
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1 (a) The applicant must earn a minimum of 6 college
2 credits or 120 inservice points or a combination thereof. For
3 each area of specialization to be retained on a certificate,
4 the applicant must earn at least 3 of the required credit
5 hours or equivalent inservice points in the specialization
6 area. Education in "clinical educator" training pursuant to s.
7 1004.04(5)(b) and credits or points that provide training in
8 the area of exceptional student education, normal child
9 development, and the disorders of development may be applied
10 toward any specialization area. Credits or points that provide
11 training in the areas of drug abuse, child abuse and neglect,
12 strategies in teaching students having limited proficiency in
13 English, or dropout prevention, or training in areas
14 identified in the educational goals and performance standards
15 adopted pursuant to ss. 1000.03(5) and 1001.23 may be applied
16 toward any specialization area. Credits or points earned
17 through approved summer institutes may be applied toward the
18 fulfillment of these requirements. Inservice points may also
19 be earned by participation in professional growth components
20 approved by the State Board of Education and specified
21 pursuant to s. 1012.98 in the district's approved master plan
22 for inservice educational training, including, but not limited
23 to, serving as a trainer in an approved teacher training
24 activity, serving on an instructional materials committee or a
25 state board or commission that deals with educational issues,
26 or serving on an advisory council created pursuant to s.
27 229.58.
28 (b) In lieu of college course credit or inservice
29 points, the applicant may renew a specialization area by
30 passage of a state board approved subject area test.
31 (c) If an applicant wishes to retain more than two
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1 specialization areas on the certificate, the applicant shall
2 be permitted two successive validity periods for renewal of
3 all specialization areas, but must earn no fewer than 6
4 college course credit hours or the equivalent in any one
5 validity period.
6 (d) The State Board of Education shall adopt rules for
7 the expanded use of training for renewal of the professional
8 certificate for educators who are required to complete
9 training in teaching students of limited English proficiency
10 as follows:
11 1. A teacher who holds a professional certificate may
12 use college credits or inservice points completed in
13 English-for-Speakers-of-Other-Languages training in excess of
14 6 semester hours during one certificate-validity period toward
15 renewal of the professional certificate during the subsequent
16 validity periods.
17 2. A teacher who holds a temporary certificate may use
18 college credits or inservice points completed in
19 English-for-Speakers-of-Other-Languages training toward
20 renewal of the teacher's first professional certificate. Such
21 training must not have been included within the degree
22 program, and the teacher's temporary and professional
23 certificates must be issued for consecutive school years.
24 (4) When any person who holds a valid temporary
25 certificate or professional certificate is called into or
26 volunteers for actual wartime service or required peacetime
27 military service training, the certificate shall be renewed
28 for a period of time equal to the time spent in military
29 service if the person makes proper application and presents
30 substantiating evidence to the department or the employing
31 school district regarding such military service.
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1 (5) The State Board of Education shall adopt rules to
2 allow the reinstatement of expired professional certificates.
3 The department may reinstate an expired professional
4 certificate if the certificateholder:
5 (a) Submits an application for reinstatement of the
6 expired certificate.
7 (b) Documents completion of 6 college credits during
8 the 5 years immediately preceding reinstatement of the expired
9 certificate, completion of 120 inservice points, or a
10 combination thereof, in an area specified in paragraph (3)(a).
11 (c) During the 5 years immediately preceding
12 reinstatement of the certificate, achieves a passing score on
13 the subject area test for each subject to be shown on the
14 reinstated certificate.
15
16 The requirements of this subsection may not be satisfied by
17 subject area tests or college credits completed for issuance
18 of the certificate that has expired.
19 Section 736. Section 1012.59, Florida Statutes, is
20 created to read:
21 1012.59 Certification fees.--
22 (1) The State Board of Education, by rule, shall
23 establish separate fees for applications, examinations,
24 certification, certification renewal, late renewal,
25 recordmaking, and recordkeeping, and may establish procedures
26 for scheduling and administering an examination upon an
27 applicant's request. Each fee shall be based on department
28 estimates of the revenue required to implement the provisions
29 of law with respect to certification of school personnel. The
30 application fee shall be nonrefundable. Each examination fee
31 shall be sufficient to cover the actual cost of developing and
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1 administering the examination, but shall not exceed $100 for
2 an examination.
3 (2) The proceeds from the collection of certification
4 fees, fines, penalties, and costs levied pursuant to this
5 chapter shall be remitted by the Department of Education to
6 the Treasurer for deposit into a separate fund to be known as
7 the "Educational Certification and Service Trust Fund" and
8 disbursed for the payment of expenses incurred by the
9 Educational Practices Commission and in the printing of forms
10 and bulletins and the issuing of certificates, upon vouchers
11 approved by the department.
12 Section 737. Section 1012.595, Florida Statutes, is
13 created to read:
14 1012.595 Saving clause.--Each applicant who was issued
15 a certificate by the Department of Education prior to June 25,
16 1986, shall be entitled to hold such certificate. Henceforth,
17 such certificate shall be renewed in accordance with the
18 provisions of chapter 86-156, Laws of Florida. No judicial or
19 administrative proceeding against a holder of a certificate
20 shall be abated as a result of this chapter.
21 Section 738. Part III.e. of chapter 1012, Florida
22 Statutes, shall be entitled "Leave, Retirement, Workers'
23 Compensation in Public Schools" and shall consist of ss.
24 1012.61-1012.695.
25 Section 739. Section 1012.61, Florida Statutes, is
26 created to read:
27 1012.61 Sick leave.--
28 (1) ELIGIBILITY.--Any member of the instructional
29 staff or any other employee of a district school system
30 employed on a full-time basis in the public schools of the
31 state who is unable to perform his or her duty in the school
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1 on account of personal sickness, accident disability, or
2 extended personal illness, or because of illness or death of
3 father, mother, brother, sister, husband, wife, child, other
4 close relative, or member of his or her own household, and
5 consequently has to be absent from his or her work shall be
6 granted leave of absence for sickness by the district school
7 superintendent or by someone designated in writing by the
8 district school superintendent to do so.
9 (2) PROVISIONS GOVERNING SICK LEAVE.--The following
10 provisions shall govern sick leave:
11 (a) Extent of leave.--
12 1. Each member of the instructional staff employed on
13 a full-time basis is entitled to 4 days of sick leave as of
14 the first day of employment of each contract year and shall
15 thereafter earn 1 day of sick leave for each month of
16 employment, which shall be credited to the member at the end
17 of that month and which may not be used before it is earned
18 and credited to the member. Each other employee shall be
19 credited with 4 days of sick leave at the end of the first
20 month of employment of each contract year and shall thereafter
21 be credited for 1 day of sick leave for each month of
22 employment, which shall be credited to the employee at the end
23 of the month and which may not be used before it is earned and
24 credited to the employee. However, each member of the
25 instructional staff and each other employee is entitled to
26 earn no more than 1 day of sick leave times the number of
27 months of employment during the year of employment. If the
28 employee terminates his or her employment and has not accrued
29 the 4 days of sick leave available to him or her, the district
30 school board may withhold the average daily amount for the
31 days of sick leave used but unearned by the employee. Such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 leave may be taken only when necessary because of sickness as
2 prescribed in this section. The sick leave shall be
3 cumulative from year to year. There shall be no limit on the
4 number of days of sick leave which a member of the
5 instructional staff or an educational support employee may
6 accrue, except that at least one-half of this cumulative leave
7 must be established within the district granting such leave.
8 2. A district school board may establish policies and
9 prescribe standards to permit an employee to be absent 6 days
10 each school year for personal reasons. However, such absences
11 for personal reasons must be charged only to accrued sick
12 leave, and leave for personal reasons is noncumulative.
13 3. District school boards may adopt rules permitting
14 the annual payment for accumulated sick leave that is earned
15 for that year and that is unused at the end of the school
16 year, based on the daily rate of pay of the employee
17 multiplied by up to 80 percent. Days for which such payment
18 is received shall be deducted from the accumulated leave
19 balance. Such annual payment may apply only to instructional
20 staff and educational support employees.
21 4. A district school board may establish policies to
22 provide terminal pay for accumulated sick leave to
23 instructional staff and educational support employees of the
24 district school board. If termination of employment is by
25 death of the employee, any terminal pay to which the employee
26 may have been entitled may be made to his or her beneficiary.
27 However, such terminal pay may not exceed an amount determined
28 as follows:
29 a. During the first 3 years of service, the daily rate
30 of pay multiplied by 35 percent times the number of days of
31 accumulated sick leave.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 b. During the next 3 years of service, the daily rate
2 of pay multiplied by 40 percent times the number of days of
3 accumulated sick leave.
4 c. During the next 3 years of service, the daily rate
5 of pay multiplied by 45 percent times the number of days of
6 accumulated sick leave.
7 d. During the next 3 years of service, the daily rate
8 of pay multiplied by 50 percent times the number of days of
9 accumulated sick leave.
10 e. During and after the 13th year of service, the
11 daily rate of pay multiplied by 100 percent times the number
12 of days of accumulated sick leave.
13 5. A district school board may establish policies to
14 provide terminal pay for accumulated sick leave to any
15 full-time employee of the district school board other than
16 instructional staff or educational support employees as
17 defined in this section. If termination of the employee is by
18 death of the employee, any terminal pay to which the employee
19 may have been entitled may be made to the employee's
20 beneficiary.
21 a. Terminal pay may not exceed one-fourth of all
22 unused sick leave accumulated on or after July 1, 2001, and
23 may not exceed a maximum of 60 days of actual payment. This
24 limit does not impair any contractual agreement established
25 before July 1, 2001; however, a previously established
26 contract renewed on or after July 1, 2001, constitutes a new
27 contract.
28 b. For unused sick leave accumulated before July 1,
29 2001, terminal payment shall be made pursuant to a district
30 school board's policies, contracts, or rules that are in
31 effect on June 30, 2001.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 c. If an employee has an accumulated sick leave
2 balance of 60 days of actual payment or more prior to July 1,
3 2001, sick leave earned after that date may not be accumulated
4 for terminal pay purposes until the accumulated leave balance
5 for leave earned before July 1, 2001, is less than 60 days.
6 (b) Claim must be filed.--Any district school board
7 employee who finds it necessary to be absent from his or her
8 duties because of illness, as defined in this section, shall
9 notify his or her immediate supervisor, if possible, before
10 the beginning of the workday on which the employee must be
11 absent or during that day, except for emergency reasons
12 recognized by the district school board as valid. Any
13 district school board employee shall, before claiming and
14 receiving compensation for the time absent from his or her
15 duties while absent because of sick leave as prescribed in
16 this section, make and file within 5 working days following
17 his or her return from such absence with the district school
18 superintendent of the district in which he or she is so
19 employed a written certificate which shall set forth the day
20 or days absent, that such absence was necessary, and that the
21 employee is entitled or not entitled to receive pay for such
22 absence in accordance with the provisions of this section;
23 however, the district school board of any district may adopt
24 rules under which the district school superintendent may
25 require a certificate of illness from a physician licensed
26 under chapter 458, chapter 459, or chapter 460 or from the
27 county health officer.
28 (c) Compensation.--Any employee having unused sick
29 leave credit shall receive full-time compensation for the time
30 justifiably absent on sick leave, but no compensation may be
31 allowed beyond that which may be provided in subsection (4).
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) Expenditure authorized.--District school boards
2 may expend public funds for payment to employees on account of
3 sickness. The expending and excluding of such funds shall be
4 in compliance with rules adopted by the Department of
5 Management Services pursuant to chapter 650.
6 (e) Use by family member.--Each district school system
7 must provide a policy under which a district employee may
8 authorize his or her spouse, child, parent, or sibling who is
9 also a district employee to use sick leave that has accrued to
10 the authorizing employee. In developing the policy, the
11 district school board must provide that the recipient may not
12 use the donated sick leave until all of his or her sick leave
13 has been depleted, excluding sick leave from a sick leave
14 pool, if the recipient participates in a sick leave pool.
15 Donated sick leave under this paragraph shall have no terminal
16 value as provided in s. 1012.61(2).
17 (3) SICK LEAVE POOL.--Notwithstanding any other
18 provision of this section, a district school board, based upon
19 the maintenance of reliable and accurate records by the
20 district school system showing the amount of sick leave which
21 has been accumulated and is unused by employees in accordance
22 with this section, may, by rule or collective bargaining
23 agreement, establish one or more plans allowing participating
24 full-time employees of a district school system to pool sick
25 leave accrued and allowing any sick leave thus pooled to be
26 disbursed to any participating employee who is in need of sick
27 leave in excess of that amount he or she has personally
28 accrued. Such rules or agreements shall include, but not be
29 limited to, the following provisions:
30 (a) Participation in any sick leave pool shall at all
31 times be voluntary on the part of employees.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Any full-time employee shall be eligible for
2 participation in any sick leave pool after 1 year of
3 employment with the district school system, provided the
4 employee has accrued a minimum amount of unused sick leave
5 which shall be established by rule and provided, further, a
6 sick leave pool is established that allows participation by
7 that particular employee.
8 (c) Any sick leave pooled pursuant to this section
9 shall be removed from the personally accumulated sick leave
10 balance of the employee donating such leave.
11 (d) Participating employees shall make equal
12 contributions to the sick leave pool. There shall be
13 established a maximum amount of sick leave which may be
14 contributed by an employee to the pool. After the initial
15 contribution which an employee makes upon electing to
16 participate, no further contributions shall be required except
17 as may be necessary to replenish the pool. Any such further
18 contribution shall be equally required of all employees
19 participating in the pool.
20 (e) Any sick leave time drawn from the pool by a
21 participating employee must be used for said employee's
22 personal illness, accident, or injury.
23 (f) A participating employee is not eligible to use
24 sick leave from the pool until all of his or her sick leave
25 has been depleted, unless otherwise agreed to in a collective
26 bargaining agreement. There shall be established a maximum
27 number of days for which an employee may draw sick leave from
28 the sick leave pool.
29 (g) A participating employee who uses sick leave from
30 the pool is not required to recontribute such sick leave to
31 the pool, except as otherwise provided in this section.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (h) A participating employee who chooses to no longer
2 participate in the sick leave pool is not eligible to withdraw
3 any sick leave already contributed to the pool.
4 (i) Alleged abuse of the use of the sick leave pool
5 shall be investigated and, on a finding of wrongdoing, the
6 employee shall repay all of the sick leave credits drawn from
7 the sick leave pool and be subject to such other disciplinary
8 action as determined by the district school board to be
9 appropriate. Rules adopted for the administration of this
10 program shall provide for the investigation of the use of sick
11 leave utilized by the participating employee in the sick leave
12 pool.
13 Section 740. Section 1012.62, Florida Statutes, is
14 created to read:
15 1012.62 Transfer of sick leave and annual leave.--In
16 implementing the provisions of ss. 1001.42(4)(n) and
17 402.22(1)(d), educational personnel in Department of Children
18 and Family Services residential care facilities who are
19 employed by a district school board may request, and the
20 district school board shall accept, a lump-sum transfer of
21 accumulated sick leave for such personnel to the maximum
22 allowed by policies of the district school board,
23 notwithstanding the provisions of s. 110.122. Educational
24 personnel in Department of Children and Family Services
25 residential care facilities who are employed by a district
26 school board under the provisions of s. 402.22(1)(d) may
27 request, and the district school board shall accept, a
28 lump-sum transfer of accumulated annual leave for each person
29 employed by the district school board in a position in the
30 district eligible to accrue vacation leave under policies of
31 the district school board.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 741. Section 1012.63, Florida Statutes, is
2 created to read:
3 1012.63 Illness-in-line-of-duty leave.--Any district
4 school board employee shall be entitled to
5 illness-in-line-of-duty leave when he or she has to be absent
6 from his or her duties because of a personal injury received
7 in the discharge of duty or because of illness from any
8 contagious or infectious disease contracted in school work.
9 The following requirements shall be observed:
10 (1) DURATION OF LEAVE AND COMPENSATION.--Leave of the
11 district school board employee shall be authorized for a total
12 of not to exceed 10 school days during any school year for
13 illness contracted, or injury incurred, from the causes
14 prescribed above. However, in the case of sickness or injury
15 occurring under such circumstances as in the opinion of the
16 district school board warrant it, additional emergency sick
17 leave may be granted out of local funds for such term and
18 under such conditions as the district school board deems
19 proper. The district school board may carry insurance to
20 safeguard the district school board against excessive payments
21 during any year.
22 (2) CLAIMS.--Any district school board employee who
23 has any claim for compensation while absent because of illness
24 contracted or injury incurred as prescribed herein shall file
25 a claim in the manner prescribed in s. 1012.61(2)(b) within 5
26 working days following the employee's return from such
27 absence. The school board of the district in which such person
28 is employed shall approve the claims and authorize the payment
29 thereof if the district school board is satisfied that the
30 claim correctly states the facts and that the claim is
31 entitled to payment in accordance with the provisions of this
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 section.
2 Section 742. Section 1012.64, Florida Statutes, is
3 created to read:
4 1012.64 Sabbatical leave.--
5 (1) Any member of the instructional staff of any
6 school district may be granted sabbatical leave for a period
7 not to exceed 1 year. A person who receives such leave may be
8 paid one-half of his or her ordinary salary during the period
9 of such leave, or in accordance with negotiated agreement or
10 district school board policy, and shall receive full benefits
11 during such period. A person compensated under this section
12 may not be compensated for other employment during the period
13 of sabbatical leave so that he or she would receive combined
14 compensation in excess of his or her ordinary salary.
15 (2) Funds, not to exceed 25 percent, of the district's
16 allocation for inservice training under s. 1011.62(3) or other
17 district funds may be expended in order to fulfill the
18 provisions of this section, provided that the district
19 allocates $5 of district funds for each $1 of state inservice
20 training funds expended under this subsection.
21 (3) Each district school board shall adopt rules to
22 implement this section.
23 Section 743. Section 1012.65, Florida Statutes, is
24 created to read:
25 1012.65 Terminal pay for accrued vacation leave.--A
26 district school board may establish policies to provide for a
27 lump-sum payment for accrued vacation leave to an employee of
28 the district school board upon termination of employment or
29 upon retirement, or to the employee's beneficiary if service
30 is terminated by death. Effective July 1, 2001, terminal pay
31 for accrued vacation leave may not exceed a maximum of 60 days
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of actual payment. This limit does not impair any contractual
2 agreement established before July 1, 2001. For unused vacation
3 leave accumulated before July 1, 2001, terminal payment shall
4 be made pursuant to the district school board's policies,
5 contracts, or rules that are in effect on June 30, 2001.
6 Section 744. Section 1012.66, Florida Statutes, is
7 created to read:
8 1012.66 Provisions for leaves of absence.--All leaves
9 of absence for all district school board employees, except
10 those leaves prescribed by law, shall be granted with or
11 without compensation pursuant to rules adopted by the district
12 school board. Such leaves authorized by the district school
13 board shall include, but are not limited to, professional
14 leave and extended professional leave, personal leave,
15 military leave granted in compliance with chapter 115, and
16 maternity leave.
17 Section 745. Section 1012.67, Florida Statutes, is
18 created to read:
19 1012.67 Absence without leave.--Any district school
20 board employee who is willfully absent from duty without leave
21 shall forfeit compensation for the time of such absence, and
22 his or her employment shall be subject to termination by the
23 district school board.
24 Section 746. Section 1012.68, Florida Statutes, is
25 created to read:
26 1012.68 Records of absences.--The administrator of
27 each designated organizational unit shall see that both the
28 days present and the days absent for each employee are
29 reported to the district school superintendent at least once
30 each month in the manner prescribed for that purpose. This
31 report shall include the exact dates of, and the reasons for,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 each absence. Each district school superintendent shall
2 establish procedures to ensure maintenance of the complete
3 records of all such absences.
4 Section 747. Section 1012.685, Florida Statutes, is
5 created to read:
6 1012.685 Retirement; annuities authorized.--
7 (1) District school boards may purchase annuities for
8 all school personnel with 25 or more years of creditable
9 service who have reached age 50 and have applied for
10 retirement under the Florida Retirement System or who have
11 reached age 55 and have applied for retirement under plan E of
12 the Teachers' Retirement System. No such annuity shall provide
13 for more than the total difference in retirement income
14 between the retirement benefit based on average monthly
15 compensation and creditable service as of the member's early
16 retirement date and the early retirement benefit.
17 (2) District school boards may purchase annuities for
18 members of the Florida Retirement System who have out-of-state
19 teaching service in another state or country which is
20 documented as valid by the appropriate district school board.
21 Such annuities may be based on no more than 5 years of
22 out-of-state teaching service and may equal, but not exceed,
23 the benefits that would be payable under the Florida
24 Retirement System if credit for out-of-state teaching was
25 authorized under that system.
26 (3) District school boards may invest funds, purchase
27 annuities, or provide local supplemental retirement programs
28 for purposes of providing annuities for school personnel.
29 (4) All retirement annuities shall comply with s. 14,
30 Art. X of the State Constitution.
31 Section 748. Section 1012.69, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1012.69 Provisions relating to Workers' Compensation
3 Law.--Nothing contained in this chapter shall supersede any of
4 the provisions of the Workers' Compensation Law; provided,
5 however, that where amounts payable under the provisions of
6 the education code, for injuries, accidents, or other
7 disabilities which would entitle an employee to compensation
8 under the provisions of the Workers' Compensation Law exceed
9 the amounts payable under the compensation law, payments shall
10 be made, as provided in the education code, for the difference
11 between the amount paid under the Workers' Compensation Law
12 and the amount due under the provisions of the education code.
13 Section 749. Section 1012.695, Florida Statutes, is
14 created to read:
15 1012.695 Local civil service system laws not
16 superseded.--Sections 1012.66, 1012.61, and 1012.63 shall not
17 be construed to supersede or modify any local law establishing
18 a civil service system covering employees of any school
19 district.
20 Section 750. Part III.f. of chapter 1012, Florida
21 Statutes, shall be entitled "Educator Benefits; Liability
22 Protection; Awards in Public Schools" and shall consist of ss.
23 1012.71-1012.77.
24 Section 751. Section 1012.71, Florida Statutes, is
25 created to read:
26 1012.71 The Florida Teachers Lead Program Stipend.--
27 (1) Funding for the Florida Teachers Lead Program
28 Stipend shall be as determined by the Legislature in the
29 General Appropriations Act. Funds appropriated for the Florida
30 Teachers Lead Program Stipend are provided to purchase
31 classroom materials and supplies used in the instruction of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 students in kindergarten through grade 12 of the public school
2 system. From the funds appropriated, the Commissioner of
3 Education shall calculate an amount for each school district
4 by prorating the total of each school district's share of the
5 total K-12 unweighted FTE student enrollment.
6 (2) From the funds allocated to each district, the
7 district school board shall calculate an identical amount for
8 each classroom teacher which is his or her proportionate share
9 of the amount allocated to the district for the total number
10 of teachers in the district. The district school board shall
11 provide the funds no later than September 30 of each year
12 directly to each teacher as a stipend to purchase, on behalf
13 of the school district, classroom materials and supplies to be
14 used in the instruction of students assigned to the teacher.
15 Each teacher shall have sole discretion regarding which
16 classroom materials and supplies best meet the needs of the
17 students, when they are needed, and where they are acquired.
18 The funds expended by individual teachers shall not be subject
19 to state or local competitive bidding requirements.
20 Disbursement of Florida Teachers Lead Program Stipend funds
21 directly to each teacher shall complete the school district's
22 expenditure of these funds.
23 (3) Each teacher shall sign a statement acknowledging
24 receipt of the funds, agreeing to keep receipts to show the
25 expenditure of the funds used to purchase classroom materials
26 and supplies for use in the instruction of the students
27 assigned to them, and agreeing to return any unused funds by
28 the end of the regular school year. The statement to be signed
29 and dated by each teacher for receipt of the Florida Teachers
30 Lead Program Stipend shall include the wording: "I, ...(Name
31 of teacher)..., am employed by the .... County District School
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Board as a full-time classroom teacher. I acknowledge that
2 Florida Teachers Lead Program Stipend funds are appropriated
3 by the Legislature for the sole purpose of purchasing
4 classroom materials and supplies to be used in the instruction
5 of students assigned to me. In accepting custody of these
6 funds, I agree to keep receipts for all expenditures. I
7 understand that if I do not keep receipts showing these funds
8 were spent to purchase classroom materials and supplies for
9 use with my students, it will be my personal responsibility to
10 pay any federal taxes due on these funds. I also agree to
11 return any unused funds to the district school board at the
12 end of the regular school year for deposit into the School
13 Advisory Council account of the school at which I was employed
14 at the time of the receipt of the funds."
15 (4) Florida Teachers Lead Program Stipend funds shall
16 be provided to each teacher in addition to any other funds
17 appropriated for public school operations.
18 (5) Any unused funds which are returned to the
19 district school board shall be deposited into the School
20 Advisory Council account of the school at which the teacher
21 returning the funds was employed at the time of the receipt of
22 the funds.
23 (6) For purposes of this section, the term "classroom
24 teacher" includes certified teachers employed on or before
25 September 1 of each year whose full-time job responsibility is
26 the classroom instruction of students in kindergarten through
27 grade 12, and full-time media specialists and guidance
28 counselors who serve students in kindergarten through grade
29 12. Only school district personnel employed in these positions
30 are eligible for the classroom materials and supply stipend
31 from funds appropriated to implement the provisions of this
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 section.
2 Section 752. Section 1012.72, Florida Statutes, is
3 created to read:
4 1012.72 Excellent Teaching Program.--
5 (1) The Legislature recognizes that teachers play a
6 critical role in preparing students to achieve the high levels
7 of academic performance expected by the Sunshine State
8 Standards. The Legislature further recognizes the importance
9 of identifying and rewarding teaching excellence and of
10 encouraging good teachers to become excellent teachers. The
11 Legislature finds that the National Board of Professional
12 Teaching Standards (NBPTS) has established high and rigorous
13 standards for accomplished teaching and has developed a
14 national voluntary system for assessing and certifying
15 teachers who demonstrate teaching excellence by meeting those
16 standards. It is therefore the Legislature's intent to provide
17 incentives for teachers to seek NBPTS certification and to
18 reward teachers who demonstrate teaching excellence by
19 attaining NBPTS certification and sharing their expertise with
20 other teachers.
21 (2) The Excellent Teaching Program is created to
22 provide monetary incentives and bonuses for teaching
23 excellence. The Department of Education shall distribute to
24 each school district or to the NBPTS an amount as prescribed
25 annually by the Legislature for the Excellent Teaching
26 Program. For purposes of this section, the Florida School for
27 the Deaf and the Blind shall be considered a school district.
28 Unless otherwise provided in the General Appropriations Act,
29 each distribution shall be the sum of the amounts earned for
30 the following incentives and bonuses:
31 (a) A fee subsidy to be paid by the Department of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education to the NBPTS on behalf of each individual who is an
2 employee of a district school board or a public school within
3 the school district, who is certified by the district to have
4 demonstrated satisfactory teaching performance pursuant to s.
5 1012.34 and who satisfies the prerequisites for participating
6 in the NBPTS certification program, and who agrees, in
7 writing, to pay 10 percent of the NBPTS participation fee and
8 to participate in the NBPTS certification program during the
9 school year for which the fee subsidy is provided. The fee
10 subsidy for each eligible participant shall be an amount equal
11 to 90 percent of the fee charged for participating in the
12 NBPTS certification program. The fee subsidy is a one-time
13 award and may not be duplicated for any individual.
14 (b) A portfolio-preparation incentive of $150 paid by
15 the Department of Education to each teacher employed by a
16 district school board or a public school within a school
17 district who is participating in the NBPTS certification
18 program. The portfolio-preparation incentive is a one-time
19 award paid during the school year for which the NBPTS fee
20 subsidy is provided.
21 (c) An annual bonus equal to 10 percent of the prior
22 fiscal year's statewide average salary for classroom teachers
23 to be distributed to the school district to be paid to each
24 individual who holds NBPTS certification and is employed by
25 the district school board or by a public school within the
26 school district. The district school board shall distribute
27 the annual bonus to each individual who meets the requirements
28 of this paragraph and who is certified annually by the
29 district to have demonstrated satisfactory teaching
30 performance pursuant to s. 1012.34. The annual bonus may be
31 paid as a single payment or divided into not more than three
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 payments.
2 (d) An annual bonus equal to 10 percent of the prior
3 fiscal year's statewide average salary for classroom teachers
4 to be distributed to the school district to be paid to each
5 individual who meets the requirements of paragraph (c) and
6 agrees, in writing, to provide the equivalent of 12 workdays
7 of mentoring and related services to public school teachers
8 within the state who do not hold NBPTS certification. The
9 district school board shall distribute the annual bonus in a
10 single payment following the completion of all required
11 mentoring and related services for the year. It is not the
12 intent of the Legislature to remove excellent teachers from
13 their assigned classrooms; therefore, credit may not be
14 granted by a school district or public school for mentoring or
15 related services provided during student contact time during
16 the 196 days of required service for the school year.
17
18 A teacher for whom the state pays the certification fee and
19 who does not complete the certification program or does not
20 teach in a public school of this state for at least 1 year
21 after completing the certification program must repay the
22 amount of the certification fee to the state. However, a
23 teacher who completes the certification program but fails to
24 be awarded NBPTS certification is not required to repay the
25 amount of the certification fee if the teacher meets the
26 1-year teaching requirement. Repayment is not required of a
27 teacher who does not complete the certification program or
28 fails to fulfill the teaching requirement because of the
29 teacher's death or disability or because of other extenuating
30 circumstances as determined by the State Board of Education.
31 (3)(a) In addition to any other remedy available under
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the law, any person who is a recipient of a certification fee
2 subsidy paid to the NBPTS and who is an employee of the state
3 or any of its political subdivisions is considered to have
4 consented, as a condition of employment, to the voluntary or
5 involuntary withholding of wages to repay to the state the
6 amount of such a certification fee subsidy awarded under this
7 section. Any such employee who defaults on the repayment of
8 such a certification fee subsidy must, within 60 days after
9 service of a notice of default by the Department of Education
10 to the employee, establish a repayment schedule which must be
11 agreed to by the department and the employee, for repaying the
12 defaulted sum through payroll deductions. The department may
13 not require the employee to pay more than 10 percent of the
14 employee's pay per pay period under such a repayment schedule
15 or plan. If the employee fails to establish a repayment
16 schedule within the specified period of time or fails to meet
17 the terms and conditions of the agreed upon or approved
18 repayment schedule as authorized by this subsection, the
19 employee has breached an essential condition of employment and
20 is considered to have consented to the involuntary withholding
21 of wages or salary for the repayment of the certification fee
22 subsidy.
23 (b) A person who is employed by the state, or any of
24 its political subdivisions, may not be dismissed for having
25 defaulted on the repayment of the certification fee subsidy to
26 the state.
27 (4) The State Board of Education may adopt rules
28 pursuant to ss. 120.536 and 120.54 as necessary to implement
29 the provisions for payment of the fee subsidies, incentives,
30 and bonuses and for the repayment of defaulted certification
31 fee subsidies under this section.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) The Excellent Teaching Program Trust Fund shall be
2 administered by the Department of Education pursuant to s.
3 1010.72.
4 Section 753. Section 1012.73, Florida Statutes, is
5 created to read:
6 1012.73 Florida Mentor Teacher School Pilot Program.--
7 (1) The Legislature recognizes that high-quality
8 teachers are essential to assuring excellence and increasing
9 the achievement levels of all students. The purpose of this
10 section is to provide a model to reform and improve the
11 current structure of the teaching profession. There is created
12 a Florida Mentor Teacher School Pilot Program to attract,
13 retain, and motivate high-quality teachers. The commissioner
14 shall select a combination of elementary, middle, and high
15 schools representing small, medium, and large districts. Each
16 approved school shall receive an equivalent grant based upon
17 the number of schools selected by the commissioner and the
18 amount of the legislative appropriation. Each mentor teacher
19 school program shall be approved based on criteria specified
20 by the commissioner.
21 (2) The goals of the Florida Mentor Teacher School
22 Pilot Program are to:
23 (a) Provide teachers with multiple career paths,
24 beginning as education paraprofessionals and rising to
25 associate teachers, teachers, lead teachers, and mentor
26 teachers. The five levels must have highly differentiated
27 duties. The mentor teacher shall have a reduced teaching
28 schedule that permits weekly instruction to all students under
29 the mentor teacher's supervision while also allowing for
30 demonstration lessons, coaching, facilitating curriculum
31 development, and providing staff development for other
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 teachers at the school.
2 (b) Establish broad salary ranges to provide
3 flexibility and to reward performance and to negotiate
4 salaries to attract teachers to hard-to-staff schools and
5 subjects. Advancement shall be determined by academic
6 achievement, examination, demonstration, and student learning
7 gains data. Each mentor teacher shall be eligible for a total
8 annual salary incentive of up to twice the average district
9 classroom teacher's salary. Fifty percent of the mentor
10 teacher salary incentive shall be based on increased student
11 achievement of students assigned to the supervision of the
12 mentor teacher.
13 (c) Provide ongoing professional development for
14 teachers to learn and grow professionally that includes a
15 daily block of time for associate teachers, teachers, and lead
16 teachers to reflect and plan and to interact with the mentor
17 teacher.
18 (d) Provide all eligible teachers with the opportunity
19 for national certification.
20 (e) Provide for a specified organizational pattern,
21 such as clusters or teams of teachers for grade levels or
22 subject areas comprised of associate teachers, teachers, and
23 lead teachers who are supported by education paraprofessional
24 learning guides and directed by a mentor teacher.
25 (3) The five teacher career development positions and
26 minimum requirements are:
27 (a) Education paraprofessional learning guide.--An
28 education paraprofessional learning guide must hold an
29 associate degree from a postsecondary educational institution
30 and must demonstrate appropriate writing, speaking, and
31 computation skills.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Associate teacher.--An associate teacher must hold
2 a bachelor's degree from a postsecondary educational
3 institution and a valid Florida teaching certificate as
4 provided by s. 1012.56.
5 (c) Teacher.--A teacher must hold a bachelor's degree
6 or higher from a postsecondary educational institution and a
7 valid Florida teaching certificate, have a minimum of 3 years'
8 full-time teaching experience, document satisfactory teaching
9 performance, and document evidence of positive student
10 learning gains, when data become available.
11 (d) Lead teacher.--A lead teacher must hold a
12 bachelor's degree or higher from a postsecondary educational
13 institution and a valid Florida professional teaching
14 certificate, have a minimum of 3 years' full-time teaching
15 experience, document exemplary teaching performance, and
16 document evidence of significant positive student learning
17 gains, when data become available. A lead teacher shall
18 provide intensive support for associate teachers and teachers.
19 (e) Mentor teacher.--A mentor teacher must:
20 1. Hold a bachelor's degree or higher from a
21 postsecondary educational institution and a valid Florida
22 professional teaching certificate.
23 2. Have a minimum of 5 years' full-time teaching
24 experience.
25 3. Document exemplary teaching performance.
26 4. Document evidence of significant positive student
27 learning gains, when data become available.
28 5. Hold a valid National Board for Professional
29 Teaching Standards certificate; have been selected as a
30 school, district, or state teacher of the year; or hold an
31 equivalent status as determined by the commissioner.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 6. Demonstrate expertise as a staff developer.
2 (4) The State Board of Education may adopt rules,
3 pursuant to ss. 120.536(1) and 120.54, for the implementation
4 of this section and approval of the mentor teacher school
5 program.
6 (5) This section shall be implemented to the extent
7 specifically funded in the General Appropriations Act.
8 Section 754. Section 1012.74, Florida Statutes, is
9 created to read:
10 1012.74 Florida educators professional liability
11 insurance protection.--
12 (1) The Legislature intends that all the teachers in
13 this state be protected from liability for monetary damages
14 and the cost of defense of actions resulting from claims made
15 against them arising out of occurrences in the course of
16 activities in their professional capacity.
17 (2)(a) Educator professional liability coverage for
18 all instructional personnel, as defined by s. 1012.01(2), who
19 are full-time personnel, as defined by the district school
20 board policy, shall be provided by specific appropriations
21 under the General Appropriations Act.
22 (b) Educator professional liability coverage shall be
23 extended at cost to all instructional personnel, as defined by
24 s. 1012.01(3), who are part-time personnel, as defined by the
25 district school board policy, and choose to participate in the
26 state-provided program.
27 (c) Educator professional liability coverage shall be
28 extended at cost to all administrative personnel, as defined
29 by s. 1012.01(2), who choose to participate in the
30 state-provided program.
31 (3) The Department of Education shall administer the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 educator liability program. The insurance carrier providing
2 any portion of educator professional liability coverage under
3 the program which is procured with state funds must be
4 selected by a competitive process. The amount of the
5 appropriation for purchase of liability insurance remaining
6 after liability insurance is provided shall revert to general
7 revenue unallocated.
8 Section 755. Section 1012.75, Florida Statutes, is
9 created to read:
10 1012.75 Liability of teacher or principal; excessive
11 force.--
12 (1) Except in the case of excessive force or cruel and
13 unusual punishment, a teacher or other member of the
14 instructional staff, a principal or the principal's designated
15 representative, or a bus driver shall not be civilly or
16 criminally liable for any action carried out in conformity
17 with State Board of Education and district school board rules
18 regarding the control, discipline, suspension, and expulsion
19 of students, including, but not limited to, any exercise of
20 authority under s. 1003.32 or s. 1006.09.
21 (2) The State Board of Education shall adopt rules
22 that outline administrative standards for the use of
23 reasonable force by school personnel to maintain a safe and
24 orderly learning environment. Such standards shall be
25 distributed to each school in the state and shall provide
26 guidance to school personnel in receiving the limitations on
27 liability specified in this section.
28 Section 756. Section 1012.77, Florida Statutes, is
29 created to read:
30 1012.77 Christa McAuliffe Ambassador for Education
31 Program.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) The Legislature recognizes that Florida continues
2 to face teacher shortages and that fewer young people consider
3 teaching as a career. It is the intent of the Legislature to
4 promote the positive and rewarding aspects of being a teacher,
5 to encourage more individuals to become teachers, and to
6 provide annual sabbatical support for outstanding Florida
7 teachers to serve as goodwill ambassadors for education. The
8 Legislature further wishes to honor the memory of Christa
9 McAuliffe, who epitomized the challenge and inspiration that
10 teaching can be.
11 (2) The Christa McAuliffe Ambassador for Education
12 Program is established to provide salary, travel, and other
13 related expenses annually for an outstanding Florida teacher
14 to promote the positive aspects of teaching as a career. The
15 goals of the program are to:
16 (a) Enhance the stature of teachers and the teaching
17 profession.
18 (b) Promote the importance of quality education and
19 teaching for our future.
20 (c) Inspire and attract talented people to become
21 teachers.
22 (d) Provide information regarding Florida's
23 scholarship and loan programs related to teaching.
24 (e) Promote the teaching profession within community
25 and business groups.
26 (f) Provide information to retired military personnel
27 and other individuals who might consider teaching as a second
28 career.
29 (g) Work with and represent the Department of
30 Education, as needed.
31 (h) Work with and encourage the efforts of school and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district teachers of the year.
2 (i) Support the activities of the Florida Future
3 Educator of America Program.
4 (j) Represent Florida teachers at business, trade,
5 education, and other conferences and meetings.
6 (k) Promote the teaching profession in other ways
7 related to the teaching responsibilities, background
8 experiences, and aspirations of the Ambassador for Education.
9 (3) The Teacher of the Year shall serve as the
10 Ambassador for Education. If the Teacher of the Year is
11 unable to serve as the Ambassador for Education, the first
12 runner-up shall serve in his or her place. The Department of
13 Education shall establish application and selection procedures
14 for determining an annual teacher of the year. Applications
15 and selection criteria shall be developed and distributed
16 annually by the Department of Education to all school
17 districts. The Commissioner of Education shall establish a
18 selection committee which assures representation from teacher
19 organizations, administrators, and parents to select the
20 Teacher of the Year and Ambassador for Education from among
21 the district teachers of the year.
22 (4)(a) The Commissioner of Education shall pay an
23 annual salary, fringe benefits, travel costs, and other costs
24 associated with administering the program.
25 (b) The Ambassador for Education shall serve for 1
26 year, from July 1 to June 30, and shall be assured of
27 returning to his or her teaching position upon completion of
28 the program. The ambassador will not have a break in
29 creditable or continuous service or employment for the period
30 of time in which he or she participates in the program.
31 Section 757. Part III.g. of chapter 1012, Florida
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Statutes, shall be entitled "Personnel Discipline and
2 Assistance in Public Schools" and shall consist of ss.
3 1012.79-1012.798.
4 Section 758. Section 1012.79, Florida Statutes, is
5 created to read:
6 1012.79 Education Practices Commission;
7 organization.--
8 (1) The Education Practices Commission consists of 17
9 members, including 7 teachers, 5 administrators, and 5 lay
10 citizens (of whom 2 shall be former district school board
11 members), appointed by the State Board of Education from
12 nominations by the Commissioner of Education and subject to
13 Senate confirmation. Prior to making nominations, the
14 commissioner shall consult with the teaching and other
15 involved associations in the state. In making nominations, the
16 commissioner shall attempt to achieve equal geographical
17 representation, as closely as possible.
18 (a) A teacher member, in order to be qualified for
19 appointment:
20 1. Must be certified to teach in the state.
21 2. Must be a resident of the state.
22 3. Must have practiced the profession in this state
23 for at least 5 years immediately preceding the appointment.
24 (b) A school administrator member, in order to be
25 qualified for appointment:
26 1. Must have an endorsement on the educator
27 certificate in the area of school administration or
28 supervision.
29 2. Must be a resident of the state.
30 3. Must have practiced the profession as an
31 administrator for at least 5 years immediately preceding the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 appointment.
2 (c) The lay members must be residents of the state.
3 (2) Members of the commission shall serve for 4-year
4 staggered terms. No commission member may serve more than 8
5 years.
6 (3) The State Board of Education may remove any member
7 from the commission for misconduct or malfeasance in office,
8 incapacity, or neglect of duty.
9 (4) From among its members, the commission shall elect
10 a chair who shall preside over meetings of the commission and
11 perform other duties directed by the commission or required by
12 its duly adopted rules or operating procedures. School
13 districts shall be reimbursed for substitute teachers required
14 to replace commission members, when they are carrying out
15 their official duties, at a rate established by the school
16 district for substitute teachers. The department may
17 reimburse local school districts for substitutes.
18 (5) The commission, by a vote of three-fourths of the
19 membership, shall employ an executive director, who shall be
20 exempt from career service. The executive director may be
21 dismissed by a majority vote of the membership.
22 (6)(a) The commission shall be assigned to the
23 Department of Education for administrative purposes. The
24 commission, in the performance of its powers and duties, shall
25 not be subject to control, supervision, or direction by the
26 Department of Education.
27 (b) The property, personnel, and appropriations
28 related to the specified authority, powers, duties, and
29 responsibilities of the commission shall be provided to the
30 commission by the Department of Education.
31 (7) The duties and responsibilities of the commission
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 are to:
2 (a) Interpret and apply the standards of professional
3 practice established by the State Board of Education.
4 (b) Revoke or suspend a certificate or take other
5 appropriate action as provided in ss. 1012.56 and 1012.796.
6 (c) Report to and meet with the State Board of
7 Education at least once each year.
8 (d) Adopt rules pursuant to ss. 120.536(1) and 120.54
9 to implement provisions of law conferring duties upon it.
10 (8)(a) The commission shall, from time to time,
11 designate members of the commission to serve on panels for the
12 purpose of reviewing and issuing final orders upon cases
13 presented to the commission. A case concerning a complaint
14 against a teacher shall be reviewed and a final order thereon
15 shall be entered by a panel composed of seven commission
16 members, four of whom shall be teachers. A case concerning a
17 complaint against an administrator shall be reviewed and a
18 final order thereon shall be entered by a panel composed of
19 seven commission members, four of whom shall be
20 administrators.
21 (b) A majority of a quorum of a panel of the
22 commission shall have final agency authority in all cases
23 involving the revocation, suspension, or other disciplining of
24 certificates of teachers and school administrators. A majority
25 of the membership of the panel shall constitute a quorum. The
26 district school board shall retain the authority to discipline
27 teachers and administrators pursuant to law.
28 (9) The commission shall make such expenditures as may
29 be necessary in exercising its authority and powers and
30 carrying out its duties and responsibilities, including
31 expenditures for personal services, general counsel or access
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to counsel, and rent at the seat of government and elsewhere;
2 for books of reference, periodicals, furniture, equipment, and
3 supplies; and for printing and binding. The expenditures of
4 the commission shall be subject to the powers and duties of
5 the Department of Banking and Finance as provided in s. 17.03.
6 (10) The commission shall be financed from the
7 following: certification fees; fines, penalties, and costs
8 collected pursuant to s. 1012.796(9); and general revenue.
9 Section 759. Section 1012.795, Florida Statutes, is
10 created to read:
11 1012.795 Education Practices Commission; authority to
12 discipline.--
13 (1) The Education Practices Commission may suspend the
14 educator certificate of any person as defined in s. 1012.01(2)
15 or (3) for a period of time not to exceed 3 years, thereby
16 denying that person the right to teach for that period of
17 time, after which the holder may return to teaching as
18 provided in subsection (4); may revoke the educator
19 certificate of any person, thereby denying that person the
20 right to teach for a period of time not to exceed 10 years,
21 with reinstatement subject to the provisions of subsection
22 (4); may revoke permanently the educator certificate of any
23 person; may suspend the educator certificate, upon order of
24 the court, of any person found to have a delinquent child
25 support obligation; or may impose any other penalty provided
26 by law, provided it can be shown that the person:
27 (a) Obtained the educator certificate by fraudulent
28 means.
29 (b) Has proved to be incompetent to teach or to
30 perform duties as an employee of the public school system or
31 to teach in or to operate a private school.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) Has been guilty of gross immorality or an act
2 involving moral turpitude.
3 (d) Has had an educator certificate revoked in another
4 state.
5 (e) Has been convicted of a misdemeanor, felony, or
6 any other criminal charge, other than a minor traffic
7 violation.
8 (f) Upon investigation, has been found guilty of
9 personal conduct which seriously reduces that person's
10 effectiveness as an employee of the district school board.
11 (g) Has breached a contract, as provided in s.
12 1012.33(2).
13 (h) Has been the subject of a court order directing
14 the Education Practices Commission to suspend the certificate
15 as a result of a delinquent child support obligation.
16 (i) Has violated the Principles of Professional
17 Conduct for the Education Profession prescribed by State Board
18 of Education rules.
19 (j) Has otherwise violated the provisions of law, the
20 penalty for which is the revocation of the educator
21 certificate.
22 (k) Has violated any order of the Education Practices
23 Commission.
24 (2) The plea of guilty in any court, the decision of
25 guilty by any court, the forfeiture by the teaching
26 certificateholder of a bond in any court of law, or the
27 written acknowledgment, duly witnessed, of offenses listed in
28 subsection (1) to the district school superintendent or a duly
29 appointed representative or to the district school board shall
30 be prima facie proof of grounds for revocation of the
31 certificate as listed in subsection (1) in the absence of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 proof by the certificateholder that the plea of guilty,
2 forfeiture of bond, or admission of guilt was caused by
3 threats, coercion, or fraudulent means.
4 (3) The revocation by the Education Practices
5 Commission of an educator certificate of any person
6 automatically revokes any and all Florida educator
7 certificates held by that person.
8 (4)(a) An educator certificate which has been
9 suspended under this section is automatically reinstated at
10 the end of the suspension period, provided the certificate did
11 not expire during the period of suspension. If the
12 certificate expired during the period of suspension, the
13 holder of the former certificate may secure a new certificate
14 by making application therefor and by meeting the
15 certification requirements of the state board current at the
16 time of the application for the new certificate. An educator
17 certificate suspended pursuant to a court order for a
18 delinquent child support obligation may only be reinstated
19 upon notice from the court that the party has complied with
20 the terms of the court order.
21 (b) A person whose educator certificate has been
22 revoked under this section may apply for a new certificate at
23 the expiration of that period of ineligibility fixed by the
24 Education Practices Commission by making application therefor
25 and by meeting the certification requirements of the state
26 board current at the time of the application for the new
27 certificate.
28 (5) Each district school superintendent and the
29 governing authority of each university lab school,
30 state-supported school, or private school shall report to the
31 department the name of any person certified pursuant to this
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 chapter or employed and qualified pursuant to s. 1012.39:
2 (a) Who has been convicted of, or who has pled nolo
3 contendere to, a misdemeanor, felony, or any other criminal
4 charge, other than a minor traffic infraction;
5 (b) Who that official has reason to believe has
6 committed or is found to have committed any act which would be
7 a ground for revocation or suspension under subsection (1); or
8 (c) Who has been dismissed or severed from employment
9 because of conduct involving any immoral, unnatural, or
10 lascivious act.
11 (6)(a) When an individual violates the provisions of a
12 settlement agreement enforced by a final order of the
13 Education Practices Commission, an order to show cause may be
14 issued by the clerk of the commission. The order shall require
15 the individual to appear before the commission to show cause
16 why further penalties should not be levied against the
17 individual's certificate pursuant to the authority provided to
18 the Education Practices Commission in subsection (1). The
19 Education Practices Commission may fashion further penalties
20 under the authority of subsection (1) as deemed appropriate
21 when the show cause order is responded to by the individual.
22 (b) The Education Practices Commission shall issue a
23 final order revoking an individual's Florida educator's
24 certificate for a minimum of 1 year under the following
25 circumstances:
26 1. If the individual:
27 a. Has been found to have violated the provisions of
28 this section, such that the Education Practices Commission has
29 the authority to discipline the individual's Florida
30 educator's certificate on two separate occasions;
31 b. Has twice entered into a settlement agreement
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 enforced by a final order of the Education Practices
2 Commission; or
3 c. Has been found to have violated the provisions of
4 this section, such that the Education Practices Commission has
5 the authority to discipline the individual's Florida
6 educator's certificate on one occasion and entered into a
7 settlement agreement enforced by a final order of the
8 Education Practices Commission on one occasion; and
9 2. A third finding of probable cause and a finding
10 that the allegations are proven or admitted to is subsequently
11 found by the Commissioner of Education.
12
13 If, in the third instance, the individual enters into a
14 settlement agreement with the Department of Education, that
15 agreement shall also include a penalty revoking that
16 individual's Florida educator's certificate for a minimum of 1
17 year.
18 Section 760. Section 1012.796, Florida Statutes, is
19 created to read:
20 1012.796 Complaints against teachers and
21 administrators; procedure; penalties.--
22 (1)(a) The Department of Education shall cause to be
23 investigated expeditiously any complaint filed before it or
24 otherwise called to its attention which, if legally
25 sufficient, contains grounds for the revocation or suspension
26 of a certificate or any other appropriate penalty as set forth
27 in subsection (7). The complaint is legally sufficient if it
28 contains the ultimate facts which show a violation has
29 occurred as provided in s. 1012.795. The department may
30 investigate or continue to investigate and take appropriate
31 action in a complaint even though the original complainant
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 withdraws the complaint or otherwise indicates a desire not to
2 cause it to be investigated or prosecuted to completion. The
3 department may investigate or continue to investigate and take
4 action on a complaint filed against a person whose educator
5 certificate has expired if the act or acts which are the basis
6 for the complaint were allegedly committed while that person
7 possessed an educator certificate.
8 (b) When an investigation is undertaken, the
9 department shall notify the certificateholder and the district
10 school superintendent in the district in which the
11 certificateholder is employed and shall inform the
12 certificateholder of the substance of any complaint which has
13 been filed against that certificateholder, unless the
14 department determines that such notification would be
15 detrimental to the investigation, in which case the department
16 may withhold notification.
17 (c) Each school district shall file in writing with
18 the department all legally sufficient complaints within 30
19 days after the date on which subject matter of the complaint
20 comes to the attention of the school district. The school
21 district shall include all information relating to the
22 complaint which is known to the school district at the time of
23 filing. Each district school board shall develop policies and
24 procedures to comply with this reporting requirement. The
25 district school board policies and procedures shall include
26 appropriate penalties for all personnel of the district school
27 board for nonreporting and procedures for promptly informing
28 the district school superintendent of each legally sufficient
29 complaint. The district school superintendent is charged with
30 knowledge of these policies and procedures. If the district
31 school superintendent has knowledge of a legally sufficient
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 complaint and does not report the complaint, or fails to
2 enforce the policies and procedures of the district school
3 board, and fails to comply with the requirements of this
4 subsection, in addition to other actions against
5 certificateholders authorized by law, the district school
6 superintendent shall be subject to penalties as specified in
7 s. 1001.51(13). This paragraph does not limit or restrict the
8 power and duty of the department to investigate complaints as
9 provided in paragraphs (a) and (b), regardless of the school
10 district's untimely filing, or failure to file, complaints and
11 followup reports.
12 (2) The Commissioner of Education shall develop job
13 specifications for investigative personnel employed by the
14 department. Such specifications shall be substantially
15 equivalent to or greater than those job specifications of
16 investigative personnel employed by the Department of Business
17 and Professional Regulation. The department may contract with
18 the Department of Business and Professional Regulation for
19 investigations. No person who is responsible for conducting an
20 investigation of a teacher or administrator may prosecute the
21 same case. The department general counsel or members of that
22 staff may conduct prosecutions under this section.
23 (3) The department staff shall advise the commissioner
24 concerning the findings of the investigation. The department
25 general counsel or members of that staff shall review the
26 investigation and advise the commissioner concerning probable
27 cause or lack thereof. The determination of probable cause
28 shall be made by the commissioner. The commissioner shall
29 provide an opportunity for a conference, if requested, prior
30 to determining probable cause. The commissioner may enter
31 into deferred prosecution agreements in lieu of finding
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 probable cause when in his or her judgment such agreements
2 would be in the best interests of the department, the
3 certificateholder, and the public. Such deferred prosecution
4 agreements shall become effective when filed with the clerk of
5 the Education Practices Commission. However, a deferred
6 prosecution agreement shall not be entered into where there is
7 probable cause to believe that a felony or an act of moral
8 turpitude has occurred. Upon finding no probable cause, the
9 commissioner shall dismiss the complaint.
10 (4) The complaint and all information obtained
11 pursuant to the investigation by the department shall be
12 confidential and exempt from the provisions of s. 119.07(1)
13 until the conclusion of the preliminary investigation of the
14 complaint, until such time as the preliminary investigation
15 ceases to be active, or until such time as otherwise provided
16 by s. 1012.798(6). However, the complaint and all material
17 assembled during the investigation may be inspected and copied
18 by the certificateholder under investigation, or the
19 certificateholder's designee, after the investigation is
20 concluded, but prior to the determination of probable cause by
21 the commissioner. If the preliminary investigation is
22 concluded with the finding that there is no probable cause to
23 proceed, the complaint and information shall be open
24 thereafter to inspection pursuant to s. 119.07(1). If the
25 preliminary investigation is concluded with the finding that
26 there is probable cause to proceed and a complaint is filed
27 pursuant to subsection (6), the complaint and information
28 shall be open thereafter to inspection pursuant to s.
29 119.07(1). If the preliminary investigation ceases to be
30 active, the complaint and all such material shall be open
31 thereafter to inspection pursuant to s. 119.07(1), except as
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Amendment No. ___ (for drafter's use only)
1 otherwise provided pursuant to s. 1012.798(6). For the purpose
2 of this subsection, a preliminary investigation shall be
3 considered active as long as it is continuing with a
4 reasonable, good faith anticipation that an administrative
5 finding will be made in the foreseeable future.
6 (5) When deemed necessary to protect the health,
7 safety, and welfare of a minor student, the district school
8 superintendent in consultation with the school principal may,
9 and upon the request of the Commissioner of Education shall,
10 temporarily suspend a certificateholder from the
11 certificateholder's regularly assigned duties, with pay, and
12 reassign the suspended certificateholder to a position that
13 does not require direct contact with students in the district
14 school system. Such suspension shall continue until the
15 completion of the proceedings and the determination of
16 sanctions, if any, pursuant to this section and s. 1012.795.
17 (6) Upon the finding of probable cause, the
18 commissioner shall file a formal complaint and prosecute the
19 complaint pursuant to the provisions of chapter 120. An
20 administrative law judge shall be assigned by the Division of
21 Administrative Hearings of the Department of Management
22 Services to hear the complaint if there are disputed issues of
23 material fact. The administrative law judge shall make
24 recommendations in accordance with the provisions of
25 subsection (7) to the appropriate Education Practices
26 Commission panel which shall conduct a formal review of such
27 recommendations and other pertinent information and issue a
28 final order. The commission shall consult with its legal
29 counsel prior to issuance of a final order.
30 (7) A panel of the commission shall enter a final
31 order either dismissing the complaint or imposing one or more
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Amendment No. ___ (for drafter's use only)
1 of the following penalties:
2 (a) Denial of an application for a teaching
3 certificate or for an administrative or supervisory
4 endorsement on a teaching certificate. The denial may provide
5 that the applicant may not reapply for certification, and that
6 the department may refuse to consider that applicant's
7 application, for a specified period of time or permanently.
8 (b) Revocation or suspension of a certificate.
9 (c) Imposition of an administrative fine not to exceed
10 $2,000 for each count or separate offense.
11 (d) Placement of the teacher, administrator, or
12 supervisor on probation for a period of time and subject to
13 such conditions as the commission may specify, including
14 requiring the certified teacher, administrator, or supervisor
15 to complete additional appropriate college courses or work
16 with another certified educator, with the administrative costs
17 of monitoring the probation assessed to the educator placed on
18 probation.
19 (e) Restriction of the authorized scope of practice of
20 the teacher, administrator, or supervisor.
21 (f) Reprimand of the teacher, administrator, or
22 supervisor in writing, with a copy to be placed in the
23 certification file of such person.
24 (g) Imposition of an administrative sanction, upon a
25 person whose teaching certificate has expired, for an act or
26 acts committed while that person possessed a teaching
27 certificate or an expired certificate subject to late renewal,
28 which sanction bars that person from applying for a new
29 certificate for a period of 10 years or less, or permanently.
30 (8) Violations of the provisions of probation shall
31 result in an order to show cause issued by the clerk of the
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Amendment No. ___ (for drafter's use only)
1 Education Practices Commission. Upon failure of the
2 probationer, at the time and place stated in the order, to
3 show cause satisfactorily to the Education Practices
4 Commission why a penalty for violating probation should not be
5 imposed, the Education Practices Commission shall impose
6 whatever penalty is appropriate as established in s.
7 1012.795(6). Any probation period will be tolled when an order
8 to show cause has been issued until the issue is resolved by
9 the Education Practices Commission.
10 (9) All moneys collected by, or awarded to, the
11 commission as fees, fines, penalties, or costs shall be
12 deposited into the Educational Certification and Service Trust
13 Fund pursuant to s. 1012.59.
14 Section 761. Section 1012.797, Florida Statutes, is
15 created to read:
16 1012.797 Notification of district school
17 superintendent of certain charges against or convictions of
18 employees.--
19 (1) Notwithstanding the provisions of s. 985.04(4) or
20 any other provision of law to the contrary, a law enforcement
21 agency shall, within 48 hours, notify the appropriate district
22 school superintendent of the name and address of any employee
23 of the school district who is charged with a felony or with a
24 misdemeanor involving the abuse of a minor child or the sale
25 or possession of a controlled substance. The notification
26 shall include the specific charge for which the employee of
27 the school district was arrested. Such notification shall
28 include other education providers such as the Florida School
29 for the Deaf and the Blind, university lab schools, and
30 private elementary and secondary schools.
31 (2) Except to the extent necessary to protect the
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Amendment No. ___ (for drafter's use only)
1 health, safety, and welfare of other students, the information
2 obtained by the district school superintendent pursuant to
3 this section may be released only to appropriate school
4 personnel or as otherwise provided by law.
5 Section 762. Section 1012.798, Florida Statutes, is
6 created to read:
7 1012.798 Recovery network program for educators.--
8 (1) RECOVERY NETWORK ESTABLISHED.--There is created
9 within the Department of Education, a recovery network program
10 to assist educators who are impaired as a result of alcohol
11 abuse, drug abuse, or a mental condition in obtaining
12 treatment to permit their continued contribution to the
13 education profession. Any person who holds certification
14 issued by the department pursuant to s. 1012.56 is eligible
15 for the assistance.
16 (2) STAFF.--
17 (a) The department shall employ an administrator and
18 staff as are necessary to be assigned exclusively to the
19 recovery network program.
20 (b) The Commissioner of Education shall establish the
21 criteria for and appoint the staff of the program.
22 (c) The department may contract with other
23 professionals to implement this section.
24 (3) PURPOSE.--The recovery network program shall
25 assist educators in obtaining treatment and services from
26 approved treatment providers, but each impaired educator must
27 pay for his or her treatment under terms and conditions agreed
28 upon by the impaired educator and the treatment provider. A
29 person who is admitted to the program must contract with the
30 treatment provider and the program. The treatment contract
31 must prescribe the type of treatment and the responsibilities
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Amendment No. ___ (for drafter's use only)
1 of the impaired educator and of the provider and must provide
2 that the impaired educator's progress will be monitored by the
3 program.
4 (4) APPROVAL OF TREATMENT PROVIDERS.--The recovery
5 network program shall locate, evaluate, and approve qualified
6 treatment providers.
7 (5) RELATIONSHIP WITH EDUCATION PRACTICES COMMISSION
8 AND DEPARTMENT.--The recovery network program shall operate
9 independently of, but may cooperate with, the Office of
10 Professional Practices Services of the Department of Education
11 and the Education Practices Commission. A person's
12 participation in the program entitles the commissioner to
13 enter into a deferred prosecution agreement pursuant to s.
14 1012.796, or such participation may be considered a factor in
15 mitigation of or a condition of disciplinary action against
16 the person's certificate by the Education Practices Commission
17 pursuant to s. 1012.795.
18 (6) PARTICIPATION.--The recovery network program shall
19 operate independently of employee assistance programs operated
20 by local school districts, and the powers and duties of school
21 districts to make employment decisions, including disciplinary
22 decisions, is not affected except as provided in this section:
23 (a) A person who is not subject to investigation or
24 proceedings under ss. 1012.795 and 1012.796 may voluntarily
25 seek assistance through a local school district employee
26 assistance program for which he or she is eligible and through
27 the recovery network, regardless of action taken against him
28 or her by a school district. Voluntarily seeking assistance
29 alone does not subject a person to proceedings under ss.
30 1012.795 and 1012.796.
31 (b) A person who is subject to investigation or
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1 proceedings under ss. 1012.795 and 1012.796 may be required to
2 participate in the program. The program may approve a local
3 employee assistance program as a treatment provider or as a
4 means of securing a treatment provider. The program and the
5 local school district shall cooperate so that the person may
6 obtain treatment without limiting the school district's
7 statutory powers and duties as an employer or the disciplinary
8 procedures under ss. 1012.795 and 1012.796.
9 (c) A person who has not previously been under
10 investigation by the department may be enrolled in a treatment
11 program by the recovery network after an investigation has
12 commenced, if the person:
13 1. Acknowledges his or her impairment.
14 2. Agrees to evaluation, as approved by the recovery
15 network.
16 3. Agrees to enroll in an appropriate treatment
17 program approved by the recovery network.
18 4. Executes releases for all medical and treatment
19 records regarding his or her impairment and participation in a
20 treatment program to the recovery network, pursuant to 42
21 U.S.C. s. 290dd-3 and the federal regulations adopted
22 thereunder.
23 5. Enters into a deferred prosecution agreement with
24 the commissioner, which provides that no prosecution shall be
25 instituted concerning the matters enumerated in the agreement
26 if the person is properly enrolled in the treatment program
27 and successfully completes the program as certified by the
28 recovery network. The commissioner is under no obligation to
29 enter into a deferred prosecution agreement with the educator
30 but may do so if he or she determines that it is in the best
31 interest of the educational program of the state.
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1 6. Has not previously entered a substance abuse
2 program.
3 7. Is not being investigated for any action involving
4 commission of a felony or violent act against another person.
5 8. Has not had multiple arrests for minor drug use,
6 possession, or abuse of alcohol.
7 (7) REFERRAL TO NETWORK WHEN NO PROBABLE CAUSE IS
8 DETERMINED.--If a complaint is made to the department against
9 a teacher or an administrator pursuant to s. 1012.796 and a
10 finding of no probable cause indicates that no concern other
11 than impairment exists, the department shall inform the person
12 of the availability of assistance provided by the recovery
13 network program.
14 (8) ADMISSION.--A person who is referred or who
15 requests admission to the recovery network program shall be
16 temporarily admitted pending a finding that he or she has:
17 (a) Acknowledged his or her impairment problem.
18 (b) Agreed to evaluation as approved by the recovery
19 network program.
20 (c) Voluntarily enrolled in an appropriate treatment
21 program approved by the recovery network program.
22 (d) Voluntarily sought agreement from the school
23 district for temporary leave or limitations on the scope of
24 employment if the temporary leave or limitations are included
25 in the treatment provider's recommendations; or voluntarily
26 agreed to pursue the alternative treatment recommended by the
27 treatment provider if the school district does not approve
28 such temporary leave or limitations on the scope of
29 employment.
30 (e) Executed releases to the recovery network program
31 for all medical and treatment records regarding his or her
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 impairment and participation in a treatment program pursuant
2 to 42 U.S.C. s. 290dd-3 and the federal regulations adopted
3 thereunder.
4 (9) DISCLOSURE OF MEDICAL RECORDS.--An approved
5 treatment provider must disclose to the recovery network
6 program all information in its possession which relates to a
7 person's impairment and participation in the treatment
8 program. Information obtained under this subsection is
9 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
10 of the State Constitution. This exemption is necessary to
11 promote the rehabilitation of impaired educators and to
12 protect the privacy of treatment program participants. The
13 failure to provide such information to the program is grounds
14 for withdrawal of approval of a treatment provider. Medical
15 records provided to the program may not be disclosed to any
16 other person, except as authorized by law.
17 (10) DECLARATION OF INELIGIBILITY.--
18 (a) A person may be declared ineligible for further
19 assistance from the recovery network program if he or she does
20 not progress satisfactorily in a treatment program or leaves a
21 prescribed program or course of treatment without the approval
22 of the treatment provider.
23 (b) The determination of ineligibility must be made by
24 the commissioner in cases referred to him or her by the
25 program administrator. Before referring a case to the
26 commissioner, the administrator must discuss the circumstances
27 with the treatment provider. The commissioner may direct the
28 Office of Professional Practices Services to investigate the
29 case and provide a report.
30 (c) If a treatment contract with the program is a
31 condition of a deferred prosecution agreement, and the
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 commissioner determines that the person is ineligible for
2 further assistance, the commissioner may agree to modify the
3 terms and conditions of the deferred prosecution agreement or
4 may issue an administrative complaint, pursuant to s.
5 1012.796, alleging the charges regarding which prosecution was
6 deferred. The person may dispute the determination as an
7 affirmative defense to the administrative complaint by
8 including with his or her request for hearing on the
9 administrative complaint a written statement setting forth the
10 facts and circumstances that show that the determination of
11 ineligibility was erroneous. If administrative proceedings
12 regarding the administrative complaint, pursuant to ss.
13 120.569 and 120.57, result in a finding that the determination
14 of ineligibility was erroneous, the person is eligible to
15 participate in the program. If the determination of
16 ineligibility was the only reason for setting aside the
17 deferred prosecution agreement and issuing the administrative
18 complaint and the administrative proceedings result in a
19 finding that the determination was erroneous, the complaint
20 shall be dismissed and the deferred prosecution agreement
21 reinstated without prejudice to the commissioner's right to
22 reissue the administrative complaint for other breaches of the
23 agreement.
24 (d) If a treatment contract with the program is a
25 condition of a final order of the Education Practices
26 Commission, the commissioner's determination of ineligibility
27 constitutes a finding of probable cause that the person failed
28 to comply with the final order. The commissioner shall issue
29 an administrative complaint, and the case shall proceed under
30 ss. 1012.795 and 1012.796, in the same manner as cases based
31 on a failure to comply with an order of the Education
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Practices Commission.
2 (e) If the person voluntarily entered into a treatment
3 contract with the program, the commissioner shall issue a
4 written notice stating the reasons for the determination of
5 ineligibility. Within 20 days after the date of such notice,
6 the person may contest the determination of ineligibility
7 pursuant to ss. 120.569 and 120.57.
8 (11) MEDICAL RECORDS RELEASE.--Medical records
9 released pursuant to paragraph (8)(e) may be disclosed to the
10 commissioner, the Office of Professional Practices Services,
11 and the Education Practices Commission only as required for
12 purposes of this section, or as otherwise authorized by law.
13 Further disclosure or release of the medical records may not
14 be made except as authorized by law and in accordance with 42
15 U.S.C. s. 290dd-2 and the federal regulations adopted
16 thereunder. The medical records are confidential and exempt
17 from s. 119.07(1) and s. 24(a), Art. I of the State
18 Constitution.
19 (12) FEES.--The State Board of Education shall include
20 in the fees established pursuant to s. 1012.59 an amount
21 sufficient to implement the provisions of this section. The
22 State Board of Education shall by rule establish procedures
23 and additional standards for:
24 (a) Approving treatment providers, including
25 appropriate qualifications and experience, amount of
26 reasonable fees and charges, and quality and effectiveness of
27 treatment programs provided.
28 (b) Admitting eligible persons to the program.
29 (c) Evaluating impaired persons by the recovery
30 network program.
31 Section 763. Part IV of chapter 1012, Florida
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Statutes, shall be entitled "Public Postsecondary Educational
2 Institutions; Personnel" and shall consist of ss.
3 1012.80-1012.97.
4 Section 764. Part IV.a. of chapter 1012, Florida
5 Statutes, shall be entitled "General Provisions" and shall
6 consist of ss. 1012.80-1012.801.
7 Section 765. Section 1012.80, Florida Statutes, is
8 created to read:
9 1012.80 Participation by employees in disruptive
10 activities at public postsecondary educational institutions;
11 penalties.--
12 (1) Any person who accepts the privilege extended by
13 the laws of this state of employment at any public
14 postsecondary educational institution shall, by so working at
15 such institution, be deemed to have given his or her consent
16 to the policies of that institution, the State Board of
17 Education, and the laws of this state. Such policies shall
18 include prohibition against disruptive activities at public
19 postsecondary educational institutions.
20 (2) After it has been determined that an employee of a
21 public postsecondary educational institution has participated
22 in disruptive activities, the institution may terminate the
23 contract of the employee, and thereafter such person shall not
24 be employed by any state public school or public postsecondary
25 educational institution.
26 Section 766. Effective upon this act becoming a law,
27 section 1012.801, Florida Statutes, is created to read:
28 1012.801 Employees of the Division of Colleges and
29 Universities.--Employees of the Division of Colleges and
30 Universities of the Department of Education who are
31 participating in the State University Optional Retirement
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Program prior to June 30, 2002, shall be eligible to continue
2 such participation as long as they remain employees of the
3 Department of Education or a state university without a break
4 in continuous service.
5 Section 767. Part IV.b. of chapter 1012, Florida
6 Statutes, shall be entitled "Community Colleges; Personnel"
7 and shall consist of ss. 1012.81-1012.88.
8 Section 768. Section 1012.81, Florida Statutes, is
9 created to read:
10 1012.81 Personnel records.--Rules of the State Board
11 of Education shall prescribe the content and custody of
12 limited-access records which a community college may maintain
13 on its employees. Such records shall be limited to
14 information reflecting evaluations of employee performance and
15 shall be open to inspection only by the employee and by
16 officials of the college who are responsible for supervision
17 of the employee. Such limited-access employee records are
18 confidential and exempt from the provisions of s. 119.07(1).
19 Except as required for use by the president in the discharge
20 of his or her official responsibilities, the custodian of
21 limited-access employee records may release information from
22 such records only upon authorization in writing from the
23 employee or the president or upon order of a court of
24 competent jurisdiction.
25 Section 769. Section 1012.82, Florida Statutes, is
26 created to read:
27 1012.82 Teaching faculty; minimum teaching hours per
28 week.--Each full-time member of the teaching faculty at any
29 community college who is paid wholly from funds appropriated
30 from the community college program fund shall teach a minimum
31 of 15 classroom contact hours per week at such institution.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 However, the required classroom contact hours per week may be
2 reduced upon approval of the president of the institution in
3 direct proportion to specific duties and responsibilities
4 assigned the faculty member by his or her departmental chair
5 or other appropriate college administrator. Such specific
6 duties may include specific research duties, specific duties
7 associated with developing television, video tape, or other
8 specifically assigned innovative teaching techniques or
9 devices, or assigned responsibility for off-campus student
10 internship or work-study programs. A "classroom contact hour"
11 consists of a regularly scheduled classroom activity of not
12 less than 50 minutes in a course of instruction which has been
13 approved by the community college board of trustees. Any
14 full-time faculty member who is paid partly from community
15 college program funds and partly from other funds or
16 appropriations shall teach a minimum number of classroom
17 contact hours per week in such proportion to 15 classroom
18 contact hours as his or her salary paid from community college
19 program funds bears to his or her total salary.
20 Section 770. Section 1012.83, Florida Statutes, is
21 created to read:
22 1012.83 Contracts with administrative and
23 instructional staff.--Each person employed in an
24 administrative or instructional capacity in a community
25 college shall be entitled to a contract as provided by rules
26 of the State Board of Education.
27 Section 771. Section 1012.84, Florida Statutes, is
28 created to read:
29 1012.84 Exemption from county civil service
30 commissions.--
31 (1) Any community college located in a county which
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 has either a budget commission or a civil service commission
2 is exempt from the regulation, supervision, and control of any
3 such commission.
4 (2) Any general or special law conflicting with this
5 section is repealed to the extent that said law conflicts with
6 this section.
7 Section 772. Section 1012.85, Florida Statutes, is
8 created to read:
9 1012.85 Payment of costs of civil actions against
10 officers, employees, or agents of community college board of
11 trustees.--
12 (1) Whenever any civil action has been brought against
13 any officer of the community college board of trustees,
14 including a board member, or any person employed by or agent
15 of the community college board of trustees, of any community
16 college for any act or omission arising out of and in the
17 course of the performance of his or her duties and
18 responsibilities, the community college board of trustees may
19 defray all costs of defending such action, including
20 reasonable attorney's fees and expenses together with costs of
21 appeal, if any, and may save harmless and protect such person
22 from any financial loss resulting therefrom; and the community
23 college board of trustees may be self-insured, to enter into
24 risk management programs, or to purchase insurance for
25 whatever coverage it may choose, or to have any combination
26 thereof, to cover all such losses and expenses. However, any
27 attorney's fees paid from public funds for any officer,
28 employee, or agent who is found to be personally liable by
29 virtue of acting outside the scope of his or her employment or
30 acting in bad faith, with malicious purpose, or in a manner
31 exhibiting wanton and willful disregard of human rights,
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 safety, or property may be recovered by the state, county,
2 municipality, or political subdivision in a civil action
3 against such officer, employee, or agent.
4 (2) Failure by a community college board of trustees
5 to perform any act authorized by this section shall not
6 constitute a cause of action against a community college or
7 its trustees, officers, employees, or agents.
8 Section 773. Section 1012.855, Florida Statutes, is
9 created to read:
10 1012.855 Employment of community college personnel;
11 discrimination in granting salary prohibited.--
12 (1)(a) Employment of all personnel in each community
13 college shall be upon recommendation of the president, subject
14 to rejection for cause by the community college board of
15 trustees; to the rules of the State Board of Education
16 relative to certification, tenure, leaves of absence of all
17 types, including sabbaticals, remuneration, and such other
18 conditions of employment as the State Board of Education deems
19 necessary and proper; and to policies of the community college
20 board of trustees not inconsistent with law.
21 (b) Any internal auditor employed by a community
22 college shall be hired by the community college board of
23 trustees and shall report directly to the board.
24 (2) Each community college board of trustees shall
25 undertake a program to eradicate any discrimination on the
26 basis of gender, race, or physical handicap in the granting of
27 salaries to employees.
28 Section 774. Section 1012.86, Florida Statutes, is
29 created to read:
30 1012.86 Community college employment equity
31 accountability program.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) Each community college shall include in its annual
2 equity update a plan for increasing the representation of
3 women and minorities in senior-level administrative positions
4 and in full-time faculty positions, and for increasing the
5 representation of women and minorities who have attained
6 continuing-contract status. Positions shall be defined in the
7 personnel data element directory of the Department of
8 Education. The plan must include specific measurable goals and
9 objectives, specific strategies and timelines for
10 accomplishing these goals and objectives, and comparable
11 national standards as provided by the Department of Education.
12 The goals and objectives shall be based on meeting or
13 exceeding comparable national standards and shall be reviewed
14 and recommended by the State Board of Education as
15 appropriate. Such plans shall be maintained until appropriate
16 representation has been achieved and maintained for at least 3
17 consecutive reporting years.
18 (2)(a) On or before May 1 of each year, each community
19 college president shall submit an annual employment
20 accountability plan to the Commissioner of Education and the
21 State Board of Education. The accountability plan must show
22 faculty and administrator employment data according to
23 requirements specified on the federal Equal Employment
24 Opportunity (EE0-6) report.
25 (b) The plan must show the following information for
26 those positions including, but not limited to:
27 1. Job classification title.
28 2. Gender.
29 3. Ethnicity.
30 4. Appointment status.
31 5. Salary information. At each community college,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 salary information shall also include the salary ranges in
2 which new hires were employed compared to the salary ranges
3 for employees with comparable experience and qualifications.
4 6. Other comparative information including, but not
5 limited to, composite information regarding the total number
6 of positions within the particular job title classification
7 for the community college by race, gender, and salary range
8 compared to the number of new hires.
9 7. A statement certifying diversity and balance in the
10 gender and ethnic composition of the selection committee for
11 each vacancy, including a brief description of guidelines used
12 for ensuring balanced and diverse membership on selection and
13 review committees.
14 (c) The annual employment accountability plan shall
15 also include an analysis and an assessment of the community
16 college's attainment of annual goals and of long-range goals
17 for increasing the number of women and minorities in faculty
18 and senior-level administrative positions, and a corrective
19 action plan for addressing underrepresentation.
20 (d) Each community college's employment accountability
21 plan must also include:
22 1. The requirements for receiving a continuing
23 contract.
24 2. A brief description of the process used to grant
25 continuing-contract status.
26 3. A brief description of the process used to annually
27 apprise each eligible faculty member of progress toward
28 attainment of continuing-contract status.
29 (3) Community college presidents and the heads of each
30 major administrative division shall be evaluated annually on
31 the progress made toward meeting the goals and objectives of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the community college's employment accountability plan.
2 (a) The community college presidents, or the
3 presidents' designees, shall annually evaluate each department
4 chairperson, dean, provost, and vice president in achieving
5 the annual and long-term goals and objectives. A summary of
6 the results of such evaluations shall be reported annually by
7 the community college president to the community college board
8 of trustees. Annual budget allocations by the community
9 college board of trustees for positions and funding must take
10 into consideration these evaluations.
11 (b) Community college boards of trustees shall
12 annually evaluate the performance of the community college
13 presidents in achieving the annual and long-term goals and
14 objectives. A summary of the results of such evaluations shall
15 be reported to the Commissioner of Education and the State
16 Board of Education as part of the community college's annual
17 employment accountability plan, and to the Legislature as part
18 of the annual equity progress report submitted by the State
19 Board of Education.
20 (4) The State Board of Education shall submit an
21 annual equity progress report to the President of the Senate
22 and the Speaker of the House of Representatives on or before
23 January 1 of each year.
24 (5) Each community college shall develop a budgetary
25 incentive plan to support and ensure attainment of the goals
26 developed pursuant to this section. The plan shall specify,
27 at a minimum, how resources shall be allocated to support the
28 achievement of goals and the implementation of strategies in a
29 timely manner. After prior review and approval by the
30 community college president and the community college board of
31 trustees, the plan shall be submitted as part of the annual
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 employment accountability plan submitted by each community
2 college to the State Board of Education.
3 (6) Subject to available funding, the Legislature
4 shall provide an annual appropriation to the State Board of
5 Education to be allocated to community college presidents,
6 faculty, and administrative personnel to further enhance
7 equity initiatives and related priorities that support the
8 mission of colleges and departments in recognition of the
9 attainment of the equity goals and objectives.
10 Section 775. Section 1012.865, Florida Statutes, is
11 created to read:
12 1012.865 Sick leave.--Each community college board of
13 trustees shall adopt rules whereby any full-time employee who
14 is unable to perform his or her duties at the community
15 college on account of personal sickness, accident disability,
16 or extended personal illness, or because of illness or death
17 of the employee's father, mother, brother, sister, husband,
18 wife, child, or other close relative or member of the
19 employee's own household, and who consequently has to be
20 absent from work shall be granted leave of absence for
21 sickness by the president or by the president's designated
22 representative. The following provisions shall govern sick
23 leave:
24 (1) DEFINITIONS.--As used in this section, unless the
25 context otherwise requires, the term:
26 (a) "Educational support employee" means any person
27 employed by a community college as an education or
28 administrative paraprofessional; a member of the operations,
29 maintenance, or comparable department; or a secretary,
30 clerical, or comparable level support employee.
31 (b) "Instructional staff" shall be used synonymously
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 with the word "teacher" or "faculty" and includes faculty
2 members, librarians, counselors, and other comparable members
3 engaged in an instructional capacity in the community college.
4 (2) EXTENT OF LEAVE WITH COMPENSATION.--
5 (a) Each full-time employee shall earn 1 day of sick
6 leave with compensation for each calendar month or major
7 fraction of a calendar month of service, not to exceed 12 days
8 for each fiscal year. Such leave shall be taken only when
9 necessary because of sickness as herein prescribed. Such sick
10 leave shall be cumulative from year to year. Accumulated sick
11 leave may be transferred from another Florida community
12 college, the Florida Department of Education, a state
13 university, a Florida district school board, or a state
14 agency, provided that at least one-half of the sick leave
15 accumulated at any time must have been established in the
16 college in which such employee is currently employed.
17 (b) A community college board of trustees may
18 establish rules and prescribe procedures whereby a full-time
19 employee may, at the beginning date of employment in any year,
20 be credited with 12 days of sick leave with compensation in
21 excess of the number of days the employee has earned. Upon
22 termination of employment, the employee's final compensation
23 shall be adjusted in an amount necessary to ensure that sick
24 leave with compensation does not exceed the days of earned
25 sick leave as provided herein.
26 (c) A community college board of trustees may
27 establish rules and prescribe standards to permit a full-time
28 employee to be absent no more than 4 days for personal
29 reasons. However, such absences for personal reasons shall be
30 charged only to accrued sick leave, and leave for personal
31 reasons shall be noncumulative.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) A community college board of trustees may
2 establish rules to provide terminal pay for accumulated sick
3 leave to full-time instructional staff and educational support
4 employees or to the employee's beneficiary if service is
5 terminated by death. However, such terminal pay may not
6 exceed an amount determined as follows:
7 1. During the first 3 years of service, the daily rate
8 of pay multiplied by 35 percent times the number of days of
9 accumulated sick leave.
10 2. During the next 3 years of service, the daily rate
11 of pay multiplied by 40 percent times the number of days of
12 accumulated sick leave.
13 3. During the next 3 years of service, the daily rate
14 of pay multiplied by 45 percent times the number of days of
15 accumulated sick leave.
16 4. During the 10th year of service, the daily rate of
17 pay multiplied by 50 percent times the number of days of
18 accumulated sick leave.
19 5. During the next 20 years of service, the daily rate
20 of pay multiplied by 50 percent plus up to an additional 2.5
21 percent per year for each year of service beyond 10 years,
22 times the number of days of accumulated sick leave.
23
24 If an employee receives terminal pay benefits based on unused
25 sick leave credit, all unused sick leave credit shall become
26 invalid; however, if an employee terminates his or her
27 employment without receiving terminal pay benefits and is
28 reemployed, his or her sick leave credit shall be reinstated.
29 (e) A community college board of trustees may, by
30 rule, provide for terminal pay for accumulated unused sick
31 leave to be paid to any full-time employee of a community
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 college other than instructional staff or educational support
2 employees. If termination of employment is by death of the
3 employee, any terminal pay to which the employee may have been
4 entitled shall be made to the employee's beneficiary.
5 1. For unused sick leave accumulated before July 1,
6 2001, terminal pay shall be made pursuant to rules or policies
7 of the board of trustees which were in effect on June 30,
8 2001.
9 2. For unused sick leave accumulated on or after July
10 1, 2001, terminal payment may not exceed an amount equal to
11 one-fourth of the employee's unused sick leave or 60 days of
12 the employee's pay, whichever amount is less.
13 3. If the employee had an accumulated sick leave
14 balance of 60 days or more on June 30, 2001, sick leave earned
15 after that date may not be accumulated for terminal pay
16 purposes until the accumulated leave balance as of June 30,
17 2001, is less than 60 days.
18 (3) CLAIM MUST BE FILED.--Any full-time employee who
19 finds it necessary to be absent from his or her duties because
20 of illness as defined in this section shall notify the
21 community college president or a college official designated
22 by the president, if possible before the opening of college on
23 the day on which the employee must be absent or during the
24 day, except when he or she is absent for emergency reasons
25 recognized by the community college board of trustees as
26 valid. Any employee shall, before claiming and receiving
27 compensation for the time absent from his or her duties while
28 absent because of sick leave as prescribed in this section,
29 make and file a written certificate which shall set forth the
30 day or days absent, that such absence was necessary, and that
31 he or she is entitled or not entitled to receive pay for such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 absence in accordance with the provisions of this section. The
2 community college board of trustees may adopt rules under
3 which the president may require a certificate of illness from
4 a licensed physician or from the county health officer.
5 (4) COMPENSATION.--Any full-time employee who has
6 unused sick leave credit shall receive full-time compensation
7 for the time justifiably absent on sick leave; however, no
8 compensation may be allowed beyond that provided in subsection
9 (6).
10 (5) EXPENDITURE AUTHORIZED.--Community college boards
11 of trustees may expend public funds for payment to employees
12 on account of sickness. The expending and excluding of such
13 funds shall be in compliance with rules adopted by the
14 Department of Management Services pursuant to chapter 650.
15 (6) SICK LEAVE POOL.--Notwithstanding any other
16 provision of this section, a community college board of
17 trustees may, by rule, based upon the maintenance of reliable
18 and accurate records by the community college showing the
19 amount of sick leave which has been accumulated and is unused
20 by employees in accordance with this section, establish a plan
21 allowing participating full-time employees of the community
22 college to pool sick leave accrued and allowing any sick leave
23 thus pooled to be disbursed to any participating employee who
24 is in need of sick leave in excess of that amount he or she
25 has personally accrued. Such rules shall include, but not be
26 limited to, the following provisions:
27 (a) Participation in the sick leave pool shall at all
28 times be voluntary on the part of employees.
29 (b) Any full-time employee shall be eligible for
30 participation in the sick leave pool after 1 year of
31 employment with the community college, provided such employee
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 has accrued a minimum amount of unused sick leave, which
2 minimum shall be established by rule.
3 (c) Any sick leave pooled pursuant to this section
4 shall be removed from the personally accumulated sick leave
5 balance of the employee donating such leave.
6 (d) Participating employees shall make equal
7 contributions to the sick leave pool. There shall be
8 established a maximum amount of sick leave which may be
9 contributed to the pool by an employee. After the initial
10 contribution which an employee makes upon electing to
11 participate, no further contributions shall be required except
12 as may be necessary to replenish the pool. Any such further
13 contribution shall be equally required of all employees
14 participating in the pool.
15 (e) Any sick leave time drawn from the pool by a
16 participating employee must be used for that employee's
17 personal illness, accident, or injury.
18 (f) A participating employee will not be eligible to
19 use sick leave from the pool until all of his or her sick
20 leave has been depleted. There shall be established a maximum
21 number of days for which an employee may draw sick leave from
22 the sick leave pool.
23 (g) A participating employee who uses sick leave from
24 the pool will not be required to recontribute such sick leave
25 to the pool, except as otherwise provided herein.
26 (h) A participating employee who chooses to no longer
27 participate in the sick leave pool will not be eligible to
28 withdraw any sick leave already contributed to the pool.
29 (i) Alleged abuse of the use of the sick leave pool
30 shall be investigated, and, on a finding of wrongdoing, the
31 employee shall repay all of the sick leave credits drawn from
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the sick leave pool and shall be subject to such other
2 disciplinary action as is determined by the board to be
3 appropriate. Rules adopted for the administration of this
4 program shall provide for the investigation of the use of sick
5 leave utilized by the participating employee in the sick leave
6 pool.
7 Section 776. Section 1012.87, Florida Statutes, is
8 created to read:
9 1012.87 Retirement annuities.--Each community college
10 board of trustees may purchase annuities for its community
11 college personnel who have 25 or more years of creditable
12 service and who have reached age 55 and have applied for
13 retirement under the Florida Retirement System. No such
14 annuity may provide for more than the total difference in
15 retirement income between the retirement benefit based on
16 average monthly compensation and creditable service as of the
17 member's early retirement date and the early retirement
18 benefit. Community college boards of trustees may also
19 purchase annuities for members of the Florida Retirement
20 System who have out-of-state teaching service in another state
21 or country which is documented as valid by the appropriate
22 educational entity. Such annuities may be based on no more
23 than 5 years of out-of-state teaching service and may equal,
24 but not exceed, the benefits that would be payable under the
25 Florida Retirement System if credit for out-of-state teaching
26 was authorized under that system. Each community college board
27 of trustees may invest funds, purchase annuities, or provide
28 local supplemental retirement programs for purposes of
29 providing retirement annuities for community college
30 personnel. All such retirement annuities shall comply with s.
31 14, Art. X of the State Constitution.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 777. Section 1012.875, Florida Statutes, is
2 created to read:
3 1012.875 Community College Optional Retirement
4 Program.--Each community college may implement an optional
5 retirement program, if such program is established therefor
6 pursuant to s. 1001.64(20), under which annuity contracts
7 providing retirement and death benefits may be purchased by,
8 and on behalf of, eligible employees who participate in the
9 program. Except as otherwise provided herein, this retirement
10 program, which shall be known as the State Community College
11 System Optional Retirement Program, may be implemented and
12 administered only by an individual community college or by a
13 consortium of community colleges.
14 (1) As used in this section, the term:
15 (a) "Activation" means the date upon which an optional
16 retirement program is first made available by the program
17 administrator to eligible employees.
18 (b) "College" means community colleges as defined in
19 s. 1000.21.
20 (c) "Department" means the Department of Management
21 Services.
22 (d) "Program administrator" means the individual
23 college or consortium of colleges responsible for implementing
24 and administering an optional retirement program.
25 (e) "Program participant" means an eligible employee
26 who has elected to participate in an available optional
27 retirement program as authorized by this section.
28 (2) Participation in the optional retirement program
29 provided by this section is limited to employees who satisfy
30 the criteria set forth in s. 121.051(2)(c).
31 (3)(a) With respect to any employee who is eligible to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 participate in the optional retirement program by reason of
2 qualifying employment commencing before the program's
3 activation:
4 1. The employee may elect to participate in the
5 optional retirement program in lieu of participation in the
6 Florida Retirement System. To become a program participant,
7 the employee must file with the personnel officer of the
8 college, within 60 days after the program's activation, both a
9 written election on a form provided by the department and a
10 completed application for an individual contract or
11 certificate.
12 2. An employee's participation in the optional
13 retirement program commences on the first day of the next full
14 calendar month following the filing of the election and
15 completed application with the program administrator and
16 receipt of such election by the department. An employee's
17 membership in the Florida Retirement System terminates on this
18 same date.
19 3. Any such employee who fails to make an election to
20 participate in the optional retirement program within 60 days
21 after its activation has elected to retain membership in the
22 Florida Retirement System.
23 (b) With respect to any employee who becomes eligible
24 to participate in an optional retirement program by reason of
25 qualifying employment commencing on or after the program's
26 activation:
27 1. The employee may elect to participate in the
28 optional retirement program in lieu of participation in the
29 Florida Retirement System. To become a program participant,
30 the employee must file with the personnel officer of the
31 college, within 60 days after commencing qualifying
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 employment, both a written election on a form provided by the
2 department and a completed application for an individual
3 contract or certificate.
4 2. An employee's participation in the optional
5 retirement program commences on the first day of the next full
6 calendar month following the filing of the election and
7 completed application with the program administrator and
8 receipt of such election by the department. An employee's
9 membership in the Florida Retirement System terminates on this
10 same date.
11 3. If the employee makes an election to participate in
12 the optional retirement program before the community college
13 submits its initial payroll for the employee, participation in
14 the optional retirement program commences on the first date of
15 employment.
16 4. Any such employee who fails to make an election to
17 participate in the optional retirement program within 60 days
18 after commencing qualifying employment has elected to retain
19 membership in the Florida Retirement System.
20 (c) Any employee who, on or after an optional
21 retirement program's activation, becomes eligible to
22 participate in the program by reason of a change in status due
23 to the subsequent designation of the employee's position as
24 one of those referenced in subsection (2), or due to the
25 employee's appointment, promotion, transfer, or
26 reclassification to a position referenced in subsection (2),
27 must be notified by the community college of the employee's
28 eligibility to participate in the optional retirement program
29 in lieu of participation in the Florida Retirement System.
30 These eligible employees are subject to the provisions of
31 paragraph (b) and may elect to participate in the optional
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 retirement program in the same manner as those employees
2 described in paragraph (b), except that the 60-day election
3 period commences upon the date notice of eligibility is
4 received by the employee.
5 (d) Program participants must be fully and immediately
6 vested in the optional retirement program.
7 (e) The election by an eligible employee to
8 participate in the optional retirement program is irrevocable
9 for so long as the employee continues to meet the eligibility
10 requirements set forth in this section and in s.
11 121.051(2)(c), except as provided in paragraph (i).
12 (f) If a program participant becomes ineligible to
13 continue participating in the optional retirement program
14 pursuant to the criteria referenced in subsection (2), the
15 employee becomes a member of the Florida Retirement System if
16 eligible. The college must notify the department of an
17 employee's change in eligibility status within 30 days after
18 the event that makes the employee ineligible to continue
19 participation in the optional retirement program.
20 (g) An eligible employee who is a member of the
21 Florida Retirement System at the time of election to
22 participate in the optional retirement program retains all
23 retirement service credit earned under the Florida Retirement
24 System at the rate earned. Additional service credit in the
25 Florida Retirement System may not be earned while the employee
26 participates in the optional retirement program, nor is the
27 employee eligible for disability retirement under the Florida
28 Retirement System.
29 (h) A program participant may not simultaneously
30 participate in any other state-administered retirement system,
31 plan, or class.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (i) Except as provided in s. 121.052(6)(d), a program
2 participant who is or who becomes dually employed in two or
3 more positions covered by the Florida Retirement System, one
4 of which is eligible for an optional retirement program
5 pursuant to this section and one of which is not, is subject
6 to the dual employment provisions of chapter 121.
7 (4)(a) Each college must contribute on behalf of each
8 program participant an amount equal to 10.43 percent of the
9 participant's gross monthly compensation. The college shall
10 deduct an amount approved by the community college to provide
11 for the administration of the optional retirement program.
12 Payment of this contribution must be made either directly by
13 the community college or through the program administrator to
14 the designated company contracting for payment of benefits to
15 the program participant.
16 (b) Each community college must contribute on behalf
17 of each program participant an amount equal to the unfunded
18 actuarial accrued liability portion of the employer
19 contribution which would be required if the program
20 participant were a member of the Regular Class of the Florida
21 Retirement System. Payment of this contribution must be made
22 directly by the college to the department for deposit in the
23 Florida Retirement System Trust Fund.
24 (c) Each program participant who has executed an
25 annuity contract may contribute by way of salary reduction or
26 deduction a percentage of the program participant's gross
27 compensation, but this percentage may not exceed the
28 corresponding percentage contributed by the community college
29 to the optional retirement program. Payment of this
30 contribution may be made either directly by the college or
31 through the program administrator to the designated company
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 contracting for payment of benefits to the program
2 participant.
3 (d) Contributions to an optional retirement program by
4 a college or a program participant are in addition to, and
5 have no effect upon, contributions required now or in future
6 by the federal Social Security Act.
7 (5)(a) The benefits to be provided to program
8 participants must be provided through individual contracts or
9 group annuity contracts, which may be fixed, variable, or
10 both. Each individual contract or certificate must state the
11 type of annuity contract on its face page, and must include at
12 least a statement of ownership, the contract benefits, annuity
13 income options, limitations, expense charges, and surrender
14 charges, if any.
15 (b) Benefits are payable under the optional retirement
16 program to program participants or their beneficiaries, and
17 the benefits must be paid only by the designated company in
18 accordance with the terms of the annuity contracts applicable
19 to the program participant, provided that benefits funded by
20 employer contributions are payable only as a lifetime annuity
21 to the program participant, except for:
22 1. A lump-sum payment to the program participant's
23 beneficiary or estate upon the death of the program
24 participant; or
25 2. A cash-out of a de minimis account upon the request
26 of a former program participant who has been terminated for a
27 minimum of 6 months from the employment that caused the
28 participant to be eligible for participation. A de minimis
29 account is an account with a designated company containing
30 employer contributions and accumulated earnings of not more
31 than $3,500. The cash-out must be a complete liquidation of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the account balance with that designated company and is
2 subject to the provisions of the Internal Revenue Code.
3 (c) The benefits payable to any person under the
4 optional retirement program, and any contribution accumulated
5 under the program, are not subject to assignment, execution,
6 attachment, or to any legal process whatsoever.
7 (6)(a) The optional retirement program authorized by
8 this section must be implemented and administered by the
9 program administrator under s. 403(b) of the Internal Revenue
10 Code. The program administrator has the express authority to
11 contract with a third party to fulfill any of the program
12 administrator's duties.
13 (b) The program administrator shall solicit
14 competitive bids or issue a request for proposal and select no
15 more than four companies from which annuity contracts may be
16 purchased under the optional retirement program. In making
17 these selections, the program administrator shall consider the
18 following factors:
19 1. The financial soundness of the company.
20 2. The extent of the company's experience in providing
21 annuity contracts to fund retirement programs.
22 3. The nature and extent of the rights and benefits
23 provided to program participants in relation to the premiums
24 paid.
25 4. The suitability of the rights and benefits provided
26 to the needs of eligible employees and the interests of the
27 college in the recruitment and retention of employees.
28
29 In lieu of soliciting competitive bids or issuing a request
30 for proposals, the program administrator may authorize the
31 purchase of annuity contracts under the optional retirement
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 program from those companies currently selected by the
2 department to offer such contracts through the State
3 University System Optional Retirement Program, as set forth in
4 s. 121.35.
5 (c) Optional retirement program annuity contracts must
6 be approved in form and content by the program administrator
7 in order to qualify. The program administrator may use the
8 same annuity contracts currently used within the State
9 University System Optional Retirement Program, as set forth in
10 s. 121.35.
11 (d) The provision of each annuity contract applicable
12 to a program participant must be contained in a written
13 program description that includes a report of pertinent
14 financial and actuarial information on the solvency and
15 actuarial soundness of the program and the benefits applicable
16 to the program participant. The company must furnish the
17 description annually to the program administrator, and to each
18 program participant upon commencement of participation in the
19 program and annually thereafter.
20 (e) The program administrator must ensure that each
21 program participant is provided annually with an accounting of
22 the total contributions and the annual contributions made by
23 and on the behalf of the program participant.
24 Section 778. Section 1012.88, Florida Statutes, is
25 created to read:
26 1012.88 Community college police.--
27 (1) Each community college is permitted and empowered
28 to employ police officers for the community college, who must
29 be designated community college police.
30 (2) Each community college police officer is a law
31 enforcement officer of the state and a conservator of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 peace who has the authority to arrest, in accordance with the
2 laws of this state, any person for a violation of state law or
3 applicable county or municipal ordinance if that violation
4 occurs on or in any property or facilities of the community
5 college by which he or she is employed or any property or
6 facilities of a direct-support organization of such community
7 college. A community college police officer may also arrest a
8 person off campus for a violation committed on campus after a
9 hot pursuit of that person that began on any such property or
10 facilities. A community college police officer may bear arms
11 in the performance of his or her duties and carry out a search
12 pursuant to a search warrant on the campus where he or she is
13 employed. Community college police, upon request of the
14 sheriff or local police authority, may serve subpoenas or
15 other legal process and may make arrests of persons against
16 whom arrest warrants have been issued or against whom charges
17 have been made for violations of federal or state laws or
18 county or municipal ordinances.
19 (3) Community college police shall promptly deliver
20 all persons arrested and charged with felonies to the sheriff
21 of the county within which the community college is located
22 and all persons arrested and charged with misdemeanors to the
23 applicable authority as provided by law, but otherwise to the
24 sheriff of the county in which the community college is
25 located.
26 (4) Community college police must meet the minimum
27 standards established by the Police Standards and Training
28 Commission of the Department of Law Enforcement and chapter
29 943 for law enforcement officers. Each community college
30 police officer must, before entering into the performance of
31 his or her duties, take the oath of office established by the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 community college. Each community college that employs police
2 officers may obtain and approve a bond on each police officer,
3 conditioned upon the officer's faithful performance of his or
4 her duties, which bond must be payable to the Governor. The
5 community college may determine the amount of the bond. In
6 determining the amount of the bond, the community college may
7 consider the amount of money or property likely to be in the
8 custody of the officer at any one time. The community college
9 shall provide a uniform set of identifying credentials to each
10 community college police officer it employs.
11 (5) In performance of any of the powers, duties, and
12 functions authorized by law, community college police have the
13 same rights, protections, and immunities afforded other law
14 enforcement officers.
15 (6) The community college, with the approval of the
16 Department of Law Enforcement, shall adopt rules, including,
17 without limitation, rules for the appointment, employment, and
18 removal of community college police in accordance with the
19 state Career Service System and shall establish in writing a
20 policy manual, that includes, without limitation, procedures
21 for managing routine law enforcement situations and emergency
22 law enforcement situations. The community college shall
23 furnish a copy of the policy manual to each of the police
24 officers it employs.
25 Section 779. Part IV.c. of chapter 1012, Florida
26 Statutes, shall be entitled "Universities; Personnel" and
27 shall consist of ss. 1012.91-1012.97.
28 Section 780. Section 1012.91, Florida Statutes, is
29 created to read:
30 1012.91 Personnel records.--
31 (1) Each university board of trustees shall adopt
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rules prescribing the content and custody of limited-access
2 records that the university may maintain on its employees.
3 Such limited-access records are confidential and exempt from
4 the provisions of s. 119.07(1). Such records are limited to
5 the following:
6 (a) Records containing information reflecting academic
7 evaluations of employee performance shall be open to
8 inspection only by the employee and by officials of the
9 university responsible for supervision of the employee.
10 (b) Records maintained for the purposes of any
11 investigation of employee misconduct, including but not
12 limited to a complaint against an employee and all information
13 obtained pursuant to the investigation of such complaint,
14 shall be confidential until the investigation ceases to be
15 active or until the university provides written notice to the
16 employee who is the subject of the complaint that the
17 university has either:
18 1. Concluded the investigation with a finding not to
19 proceed with disciplinary action;
20 2. Concluded the investigation with a finding to
21 proceed with disciplinary action; or
22 3. Issued a letter of discipline.
23
24 For the purpose of this paragraph, an investigation shall be
25 considered active as long as it is continuing with a
26 reasonable, good faith anticipation that a finding will be
27 made in the foreseeable future. An investigation shall be
28 presumed to be inactive if no finding is made within 90 days
29 after the complaint is filed.
30 (c) Records maintained for the purposes of any
31 disciplinary proceeding brought against an employee shall be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 confidential until a final decision is made in the proceeding.
2 The record of any disciplinary proceeding, including any
3 evidence presented, shall be open to inspection by the
4 employee at all times.
5 (d) Records maintained for the purposes of any
6 grievance proceeding brought by an employee for enforcement of
7 a collective bargaining agreement or contract shall be
8 confidential and shall be open to inspection only by the
9 employee and by officials of the university conducting the
10 grievance proceeding until a final decision is made in the
11 proceeding.
12 (2) Notwithstanding the foregoing, any records or
13 portions thereof which are otherwise confidential by law shall
14 continue to be exempt from the provisions of s. 119.07(1). In
15 addition, for sexual harassment investigations, portions of
16 such records which identify the complainant, a witness, or
17 information which could reasonably lead to the identification
18 of the complainant or a witness are limited-access records.
19 (3) Except as required for use by the president in the
20 discharge of his or her official responsibilities, the
21 custodian of limited-access records may release information
22 from such records only upon authorization in writing from the
23 employee or upon order of a court of competent jurisdiction.
24 (4) Notwithstanding the provisions of subsection (1),
25 records comprising the common core items contained in the
26 State University System Student Assessment of Instruction or
27 comparable instrument may not be prescribed as limited-access
28 records.
29 (5) This section shall apply to records created after
30 July 1, 1995.
31 Section 781. Section 1012.92, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1012.92 Personnel codes of conduct; disciplinary
3 measures; rulemaking authority.--
4 (1) Each university board of trustees may adopt, by
5 rule, codes of conduct and appropriate penalties for
6 violations of rules by employees, to be administered by the
7 university. Such penalties, unless otherwise provided by law,
8 may include: reprimand; restitution; fines; restrictions on
9 the use of or removal from university facilities; educational
10 training or counseling requirements; and the imposition of
11 probation, suspension, dismissal, demotion, or other
12 appropriate disciplinary action.
13 (2) Sanctions authorized by university codes of
14 conduct may be imposed only for acts or omissions in violation
15 of rules adopted by the university, including rules adopted
16 under this section, rules of the State Board of Education,
17 county and municipal ordinances, and the laws of this state,
18 the United States, or any other state.
19 (3) The university board of trustees shall adopt rules
20 for the lawful discipline of any employee who intentionally
21 acts to impair, interfere with, or obstruct the orderly
22 conduct, processes, and functions of a state university. Said
23 rules may apply to acts conducted on or off campus when
24 relevant to such orderly conduct, processes, and functions.
25 Section 782. Section 1012.93, Florida Statutes, is
26 created to read:
27 1012.93 Faculty members; test of spoken English.--The
28 State Board of Education shall adopt rules requiring that all
29 faculty members in each state university and New College,
30 other than those persons who teach courses that are conducted
31 primarily in a foreign language, be proficient in the oral use
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of English, as determined by a satisfactory grade on the "Test
2 of Spoken English" of the Educational Testing Service or a
3 similar test approved by the state board.
4 Section 783. Section 1012.94, Florida Statutes, is
5 created to read:
6 1012.94 Evaluations of faculty members; report.--
7 (1) For the purpose of evaluating faculty members,
8 each university board of trustees shall adopt rules for the
9 assignment of duties and responsibilities to faculty members.
10 These assigned duties or responsibilities shall be conveyed to
11 each faculty member at the beginning of each academic term, in
12 writing, by his or her departmental chair or other appropriate
13 university administrator making the assignment. In evaluating
14 the competencies of a faculty member, primary assessment shall
15 be in terms of his or her performance of the assigned duties
16 and responsibilities, and such evaluation shall be given
17 adequate consideration for the purpose of salary adjustments,
18 promotions, reemployment, and tenure. A faculty member who is
19 assigned full-time teaching duties as provided by law shall be
20 rewarded with salary adjustments, promotions, reemployment, or
21 tenure for meritorious teaching and other scholarly activities
22 related thereto.
23 (2) The State Board of Education shall establish
24 criteria for evaluating the quantity and quality of service to
25 public schools by university faculty members and shall require
26 consideration of this service in promotion, tenure, and other
27 reward measures. Each university board of trustees shall
28 ensure that the following policies are implemented:
29 (a) Flexible criteria for rewarding faculty members,
30 consistent with the educational goals and objectives of the
31 university, shall be established, which criteria shall include
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 quality teaching and service to public schools as major
2 factors in determining salary adjustments, promotions,
3 reemployment, or tenure.
4 (b) Measures shall be taken to increase the
5 recognition, reinforcements, and rewards given quality
6 teaching and service to public schools. Such measures might
7 include grants for professional development, curriculum
8 improvement, and instructional innovation, as well as awards
9 of varying kinds for meritorious teaching.
10 (c) The means of identifying and evaluating quality
11 teachers and outstanding service to public schools shall be
12 determined in accordance with established guidelines of the
13 university.
14 (3) The chief academic officer at each state
15 university and New College shall disseminate information to
16 all faculty members which clearly states that service to
17 public schools is one of the criteria used to determine salary
18 adjustments, promotions, reemployment, and tenure for faculty
19 members.
20 Section 784. Section 1012.945, Florida Statutes, is
21 created to read:
22 1012.945 Required number of classroom teaching hours
23 for university faculty members.--
24 (1) As used in this section:
25 (a) "State funds" means those funds appropriated
26 annually in the General Appropriations Act.
27 (b) "Classroom contact hour" means a regularly
28 scheduled 1-hour period of classroom activity in a course of
29 instruction which has been approved by the university.
30 (2) Each full-time equivalent teaching faculty member
31 at a university who is paid wholly from state funds shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 teach a minimum of 12 classroom contact hours per week at such
2 university. However, any faculty member who is assigned by his
3 or her departmental chair or other appropriate university
4 administrator professional responsibilities and duties in
5 furtherance of the mission of the university shall teach a
6 minimum number of classroom contact hours in proportion to 12
7 classroom hours per week as such especially assigned
8 aforementioned duties and responsibilities bear to 12
9 classroom contact hours per week. Any full-time faculty member
10 who is paid partly from state funds and partly from other
11 funds or appropriations shall teach a minimum number of
12 classroom contact hours in such proportion to 12 classroom
13 contact hours per week as his or her salary paid from state
14 funds bears to his or her total salary. In determining the
15 appropriate hourly weighting of assigned duties other than
16 classroom contact hours, the universities shall develop and
17 apply a formula designed to equate the time required for
18 nonclassroom duties with classroom contact hours. "Full-time
19 equivalent teaching faculty member" shall be interpreted to
20 mean all faculty personnel budgeted in the instruction and
21 research portion of the budget, exclusive of those full-time
22 equivalent positions assigned to research, public service,
23 administrative duties, and academic advising. Full-time
24 administrators, librarians, and counselors shall be exempt
25 from the provisions of this section; and colleges of medicine
26 and law and others which are required for purposes of
27 accreditation to meet national standards prescribed by the
28 American Medical Association, the American Bar Association, or
29 other professional associations shall be exempt from the
30 provisions of this section to the extent that the requirements
31 of this section differ from the requirements of accreditation.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 785. Section 1012.95, Florida Statutes, is
2 created to read:
3 1012.95 University employment equity accountability
4 program.--
5 (1) Each state university and New College shall
6 maintain an annual equity plan for appropriate representation
7 of women and minorities in senior-level administrative
8 positions, within tenure-track faculty, and within
9 faculty-granted tenure. Such plan shall be maintained until
10 appropriate representation has been achieved. As used in this
11 subsection, the term:
12 (a) "Appropriate representation" means category
13 employment representation that at least meets comparable
14 national standards for at least two consecutive reporting
15 periods.
16 (b) "Category" means major executive, administrative,
17 and professional grouping, including senior-level
18 administrative and professional positions, senior academic
19 administrative-level positions, and tenure-track faculty.
20 (2)(a) By April 1 of each year, each state university
21 president shall submit an annual equity report to the
22 Commissioner of Education and the State Board of Education.
23 The equity report shall consist of a status update, an
24 analysis, and a status report of selected personnel
25 transactions. As used in this paragraph, the term, "selected
26 personnel transactions" means new hires in, promotions into,
27 tenure actions in, and terminations from a category. Each
28 university shall provide the following information for the
29 selected personnel transactions including, but not limited to:
30 1. Job classification title.
31 2. Gender.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 3. Race.
2 4. Appointment status.
3
4 The status update shall assess underrepresentation in each
5 category. The status report shall consist of current category
6 employment representation, comparable national standards, an
7 evaluation of representation, and annual goals to address
8 underrepresentation.
9 (b) After 1 year of implementation of a plan, and
10 annually thereafter, for those categories in which prior year
11 goals were not achieved, each university shall provide, in its
12 annual equity report, a narrative explanation and a plan for
13 achievement of equity. The plan shall include guidelines for
14 ensuring balanced membership on selection committees and
15 specific steps for developing a diverse pool of candidates for
16 each vacancy in the category. The plan shall also include a
17 systematic process by which those responsible for hiring are
18 provided information and are evaluated regarding their
19 responsibilities pursuant to this section.
20 (c) The equity report shall include an analysis and
21 assessment of the university's accomplishment of annual goals,
22 as specified in the university's affirmative action plan, for
23 increasing the representation of women and minorities in
24 tenure-earning and senior-level administrative positions.
25 (d) The equity report shall also include the current
26 rank, race, and gender of faculty eligible for tenure in a
27 category. In addition, each university shall report
28 representation of the pool of tenure-eligible faculty at each
29 stage of the transaction process and provide certification
30 that each eligible faculty member was apprised annually of
31 progress toward tenure. Each university shall also report on
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the dissemination of standards for achieving tenure; racial
2 and gender composition of committees reviewing recommendations
3 at each transaction level; and dissemination of guidelines for
4 equitable distribution of assignments.
5 (3)(a) A factor in the evaluation of university
6 presidents, vice presidents, deans, and chairpersons shall be
7 their annual progress in achieving the annual and long-range
8 hiring and promotional goals and objectives, as specified in
9 the university's equity plan and affirmative action plan.
10 Annual budget allocations for positions and funding shall be
11 based on this evaluation. A summary of such evaluations shall
12 be submitted to the Commissioner of Education and the State
13 Board of Education as part of the university's annual equity
14 report.
15 (b) The university boards of trustees shall annually
16 evaluate the performance of the university presidents in
17 achieving the annual equity goals and objectives. A summary of
18 the results of such evaluations shall be included as part of
19 the annual equity progress report submitted by the university
20 boards of trustees to the Legislature and the State Board of
21 Education.
22 (4) The State Board of Education shall submit an
23 annual equity progress report to the President of the Senate
24 and the Speaker of the House of Representatives on or before
25 August 1 of each year.
26 (5) Each university shall develop a budgetary
27 incentive plan to support and ensure attainment of the goals
28 developed pursuant to this section. The plan shall specify, at
29 a minimum, how resources shall be allocated to support the
30 achievement of goals and the implementation of strategies in a
31 timely manner. After prior review and approval by the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 university president and the university board of trustees, the
2 plan shall be submitted as part of the annual equity report
3 submitted by each university to the State Board of Education.
4 (6) Relevant components of each university's
5 affirmative action plan may be used to satisfy the
6 requirements of this section.
7 (7) Subject to available funding, the Legislature
8 shall provide an annual appropriation to be allocated to the
9 universities to further enhance equity initiatives and related
10 priorities that support the mission of departments, divisions,
11 or colleges in recognition of the attainment of equity goals
12 and objectives.
13 Section 786. Section 1012.96, Florida Statutes, is
14 created to read:
15 1012.96 IFAS extension personnel; federal health
16 insurance programs notwithstanding the provisions of s.
17 110.123.--The Institute of Food and Agricultural Sciences at
18 the University of Florida may pay the employer's share of
19 premiums to the Federal Health Benefits Insurance Program from
20 its appropriated budget for any cooperative extension employee
21 of the institute having both state and federal appointments
22 and participating in the Federal Civil Service Retirement
23 System.
24 Section 787. Section 1012.965, Florida Statutes, is
25 created to read:
26 1012.965 Payment of costs of civil action against
27 employees.--
28 (1) An employee or agent under the right of control of
29 a university board of trustees who, pursuant to the university
30 board's policies or rules, renders medical care or treatment
31 at any hospital or health care facility with which the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 university board maintains an affiliation agreement whereby
2 the hospital or health care facility provides to the
3 university board a clinical setting for health care education,
4 research, and services, shall not be deemed to be an agent of
5 any person other than the university board in any civil action
6 resulting from any act or omission of the employee or agent
7 while rendering said medical care or treatment. For this
8 subsection to apply, the patient shall be provided separate
9 written conspicuous notice by the university board of trustees
10 or by the hospital or health care facility, and shall
11 acknowledge receipt of this notice, in writing, unless
12 impractical by reason of an emergency, either personally or
13 through another person authorized to give consent for him or
14 her, that he or she will receive care provided by university
15 board's employees and liability, if any, that may arise from
16 that care is limited as provided by law. Compliance by a
17 hospital or health care facility with the requirements of
18 chapter 395 or s. 766.110(1) shall not be used as evidence in
19 any civil action to establish an employment or agency
20 relationship between the hospital or health care facility and
21 an employee or agent of the university board of trustees
22 providing services within the hospital or health care
23 facility.
24 (2) All faculty physicians employed by a university
25 board of trustees who are subject to the requirements of s.
26 456.013 shall complete their risk management continuing
27 education on issues specific to academic medicine. Such
28 continuing education shall include instruction for the
29 supervision of resident physicians as required by the
30 Accreditation Council for Graduate Medical Education. The
31 boards described in s. 456.013 shall adopt rules to implement
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the provisions of this subsection.
2 (3) There are appropriated out of any funds available
3 to a university, not subject to the obligation of contract,
4 covenant, or trust, the amounts necessary to carry out the
5 purposes of this section.
6 (4) Failure of a university board of trustees or an
7 affiliated health care provider to do any act authorized by
8 this section shall not constitute a cause of action against
9 the university board, or an affiliated health care provider,
10 or any of their members, officers, or employees.
11 Section 788. Section 1012.97, Florida Statutes, is
12 created to read:
13 1012.97 University police.--
14 (1) Each university is empowered and directed to
15 provide for police officers for the university, and such
16 police officers shall hereafter be known and designated as the
17 "university police."
18 (2) The university police are hereby declared to be
19 law enforcement officers of the state and conservators of the
20 peace with the right to arrest, in accordance with the laws of
21 this state, any person for violation of state law or
22 applicable county or city ordinances when such violations
23 occur on any property or facilities that are under the
24 guidance, supervision, regulation, or control of the state
25 university or a direct-support organization of such
26 university, except that arrest may be made off campus when hot
27 pursuit originates on any such property or facilities. Such
28 officers shall have full authority to bear arms in the
29 performance of their duties and to execute search warrants
30 within their territorial jurisdiction. University police, when
31 requested by the sheriff or local police authority, may serve
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subpoenas or other legal process and may make arrest of any
2 person against whom a warrant has been issued or any charge
3 has been made of violation of federal or state laws or county
4 or city ordinances.
5 (3) University police shall promptly deliver all
6 persons arrested and charged with a felony to the sheriff of
7 the county within which the university is located, and all
8 persons arrested and charged with misdemeanors shall be
9 delivered to the applicable authority as may be provided by
10 law, but otherwise to the sheriff of the county in which the
11 university is located.
12 (4) University police must meet the minimum standards
13 established by the Criminal Justice Standards and Training
14 Commission and chapter 943. Each police officer shall, before
15 entering into the performance of his or her duties, take the
16 oath of office as established by the university; and the
17 university may obtain and approve a bond on each officer,
18 payable to the Governor and his or her successors in office,
19 conditioned on the faithful performance of the duties of such
20 university police officer. The university may determine the
21 amount of the bond. In determining the amount of the bond, the
22 university may consider the amount of money or property likely
23 to be in the custody of the officer at any one time. The
24 university shall provide a uniform set of identification
25 credentials for each university police officer.
26 (5) In performance of any of the powers, duties, and
27 functions authorized by law or this section, university police
28 shall have the same rights, protections, and immunities
29 afforded other peace or law enforcement officers.
30 (6) The university, in concurrence with the Department
31 of Law Enforcement, shall adopt rules, including, but not
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 limited to, the appointment, employment, and removal of
2 university police and, further, establish in writing a policy
3 manual, including, but not limited to, routine and emergency
4 law enforcement situations. A policy manual shall be furnished
5 to each university police officer.
6 Section 789. Part V of chapter 1012, Florida Statutes,
7 shall be entitled "Professional Development" and shall consist
8 of ss. 1012.98-1012.985.
9 Section 790. Section 1012.98, Florida Statutes, is
10 created to read:
11 1012.98 School Community Professional Development
12 Act.--
13 (1) The Department of Education, public postsecondary
14 educational institutions, public school districts, and public
15 schools in this state shall collaborate to establish a
16 coordinated system of professional development. The purpose of
17 the professional development system is to enable the school
18 community to meet state and local student achievement
19 standards and the state education goals and to succeed in
20 school improvement as described in s. 1000.03.
21 (2) The school community includes administrative
22 personnel, managers, instructional personnel, support
23 personnel, members of district school boards, members of
24 school advisory councils, parents, business partners, and
25 personnel that provide health and social services to school
26 children. School districts may identify and include
27 additional members of the school community in the professional
28 development activities required by this section.
29 (3) The activities designed to implement this section
30 must:
31 (a) Increase the success of educators in guiding
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 student learning and development so as to implement state and
2 local educational standards, goals, and initiatives.
3 (b) Assist the school community in providing
4 stimulating educational activities that encourage and motivate
5 students to achieve at the highest levels and to become active
6 learners.
7 (c) Provide continuous support for all education
8 professionals as well as temporary intervention for education
9 professionals who need improvement in knowledge, skills, and
10 performance.
11 (4) The Department of Education, school districts,
12 schools, community colleges, and state universities share the
13 responsibilities described in this section. These
14 responsibilities include the following:
15 (a) The department shall develop and disseminate to
16 the school community model professional development methods
17 and programs that have demonstrated success in meeting
18 identified student needs. The Commissioner of Education shall
19 use data on student achievement to identify student needs. The
20 methods of dissemination must include a statewide performance
21 support system, a database of exemplary professional
22 development activities, a listing of available professional
23 development resources, training programs, and technical
24 assistance.
25 (b) Each school district shall develop a professional
26 development system. The system shall be developed in
27 consultation with teachers and representatives of community
28 college and university faculty, community agencies, and other
29 interested citizen groups to establish policy and procedures
30 to guide the operation of the district professional
31 development program. The professional development system
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 must:
2 1. Be approved by the department. All substantial
3 revisions to the system shall be submitted to the department
4 for review for continued approval.
5 2. Require the use of student achievement data; school
6 discipline data; school environment surveys; assessments of
7 parental satisfaction; performance appraisal data of teachers,
8 managers, and administrative personnel; and other performance
9 indicators to identify school and student needs that can be
10 met by improved professional performance.
11 3. Provide inservice activities coupled with followup
12 support that are appropriate to accomplish district-level and
13 school-level improvement goals and standards. The inservice
14 activities for instructional personnel shall primarily focus
15 on subject content and teaching methods, including technology,
16 as related to the Sunshine State Standards, assessment and
17 data analysis, classroom management, and school safety.
18 4. Include a master plan for inservice activities,
19 pursuant to rules of the State Board of Education, for all
20 district employees from all fund sources. The master plan
21 shall be updated annually by September 1 using criteria for
22 continued approval as specified by rules of the State Board of
23 Education. Written verification that the inservice plan meets
24 all requirements of this section must be submitted annually to
25 the commissioner by October 1.
26 5. Require each school principal to establish and
27 maintain an individual professional development plan for each
28 instructional employee assigned to the school. The individual
29 professional development plan must:
30 a. Be related to specific performance data for the
31 students to whom the teacher is assigned.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 b. Define the inservice objectives and specific
2 measurable improvements expected in student performance as a
3 result of the inservice activity.
4 c. Include an evaluation component that determines the
5 effectiveness of the professional development plan.
6 6. Include inservice activities for school
7 administrative personnel that address updated skills necessary
8 for effective school management and instructional leadership.
9 7. Provide for systematic consultation with regional
10 and state personnel designated to provide technical assistance
11 and evaluation of local professional development programs.
12 8. Provide for delivery of professional development by
13 distance learning and other technology-based delivery systems
14 to reach more educators at lower costs.
15 9. Provide for the continuous evaluation of the
16 quality and effectiveness of professional development programs
17 in order to eliminate ineffective programs and strategies and
18 to expand effective ones. Evaluations must consider the impact
19 of such activities on the performance of participating
20 educators and their students' achievement and behavior.
21 (c) Each community college and state university shall
22 assist the department, school districts, and schools in the
23 design, delivery, and evaluation of professional development
24 activities. This assistance must include active participation
25 in state and local activities required by the professional
26 development system.
27 (5)(a) The Department of Education shall provide a
28 system for the recruitment, preparation, and professional
29 development of school administrative personnel. This system
30 shall:
31 1. Identify the knowledge, competencies, and skills
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 necessary for effective school management and instructional
2 leadership that align with student performance standards and
3 accountability measures.
4 2. Include performance evaluation methods.
5 3. Provide for alternate means for preparation of
6 school administrative personnel which may include programs
7 designed by school districts and postsecondary educational
8 institutions pursuant to guidelines developed by the
9 commissioner. Such preparation programs shall be approved by
10 the Department of Education.
11 4. Provide for the hiring of qualified out-of-state
12 school administrative personnel.
13 5. Provide advanced educational opportunities for
14 school-based instructional leaders.
15 (b) The Commissioner of Education shall appoint a task
16 force that includes a district school superintendent, a
17 district school board member, a principal, an assistant
18 principal, a teacher, a dean of a college of education, and
19 parents. The task force shall convene periodically to provide
20 recommendations to the department in the areas of recruitment,
21 certification, preparation, professional development, and
22 evaluation of school administrators.
23 (6) Each district school board shall provide funding
24 for the professional development system as required by s.
25 1011.62 and the General Appropriations Act, and shall direct
26 expenditures from other funding sources to strengthen the
27 system and make it uniform and coherent. A school district
28 may coordinate its professional development program with that
29 of another district, with an educational consortium, or with a
30 community college or university, especially in preparing and
31 educating personnel. Each district school board shall make
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 available inservice activities to instructional personnel of
2 nonpublic schools in the district and the state certified
3 teachers who are not employed by the district school board on
4 a fee basis not to exceed the cost of the activity per all
5 participants.
6 (7) An organization of private schools which has no
7 fewer than 10 member schools in this state, which publishes
8 and files with the Department of Education copies of its
9 standards, and the member schools of which comply with the
10 provisions of part II of chapter 1003, relating to compulsory
11 school attendance, may also develop a professional development
12 system that includes a master plan for inservice activities.
13 The system and inservice plan must be submitted to the
14 commissioner for approval pursuant to rules of the State Board
15 of Education.
16 (8) The Department of Education shall design methods
17 by which the state and district school boards may evaluate and
18 improve the professional development system. The evaluation
19 must include an annual assessment of data that indicate
20 progress or lack of progress of all students. If the review of
21 the data indicates progress, the department shall identify the
22 best practices that contributed to the progress. If the review
23 of the data indicates a lack of progress, the department shall
24 investigate the causes of the lack of progress, provide
25 technical assistance, and require the school district to
26 employ a different approach to professional development. The
27 department shall report annually to the State Board of
28 Education and the Legislature any school district that, in the
29 determination of the department, has failed to provide an
30 adequate professional development system. This report must
31 include the results of the department's investigation and of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 any intervention provided.
2 (9) The State Board of Education may adopt rules
3 pursuant to ss. 120.536(1) and 120.54 to administer this
4 section.
5 (10) This section does not limit or discourage a
6 district school board from contracting with independent
7 entities for professional development services and inservice
8 education if the district school board believes that, through
9 such a contract, a better product can be acquired or its goals
10 for education improvement can be better met.
11 (11) For teachers, managers, and administrative
12 personnel who have been evaluated as less than satisfactory, a
13 district school board shall require participation in specific
14 professional development programs as part of the improvement
15 prescription.
16 Section 791. Section 1012.985, Florida Statutes, is
17 created to read:
18 1012.985 Statewide system for inservice professional
19 development.--The intent of this section is to establish a
20 statewide system of professional development that provides a
21 wide range of targeted inservice training to teachers,
22 managers, and administrative personnel designed to upgrade
23 skills and knowledge needed to reach world class standards in
24 education. The system shall consist of a network of
25 professional development academies in each region of the state
26 that are operated in partnership with area business partners
27 to develop and deliver high-quality training programs
28 purchased by school districts. The academies shall be
29 established to meet the human resource development needs of
30 professional educators, schools, and school districts. Funds
31 appropriated for the initiation of professional development
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 academies shall be allocated by the Commissioner of Education,
2 unless otherwise provided in an appropriations act. To be
3 eligible for startup funds, the academy must:
4 (1) Be established by the collaborative efforts of one
5 or more district school boards, members of the business
6 community, and the postsecondary educational institutions
7 which may award college credits for courses taught at the
8 academy.
9 (2) Demonstrate the capacity to provide effective
10 training to improve teaching skills in the areas of elementary
11 reading and mathematics, the use of instructional technology,
12 high school algebra, and classroom management, and to deliver
13 such training using face-to-face, distance learning, and
14 individualized computer-based delivery systems.
15 (3) Propose a plan for responding in an effective and
16 timely manner to the professional development needs of
17 teachers, managers, administrative personnel, schools, and
18 school districts relating to improving student achievement and
19 meeting state and local education goals.
20 (4) Demonstrate the ability to provide high-quality
21 trainers and training, appropriate followup and coaching for
22 all participants, and support school personnel in positively
23 impacting student performance.
24 (5) Be operated under contract with its public
25 partners and governed by an independent board of directors,
26 which should include at least one district school
27 superintendent and one district school board chair from the
28 participating school districts, the president of the
29 collective bargaining unit that represents the majority of the
30 region's teachers, and at least three individuals who are not
31 employees or elected or appointed officials of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 participating school districts. Regional educational consortia
2 as defined in s. 1001.451 satisfy the requirements of this
3 subsection.
4 (6) Be financed during the first year of operation by
5 an equal or greater match from private funding sources and
6 demonstrate the ability to be self-supporting within 1 year
7 after opening through fees for services, grants, or private
8 contributions. Regional educational consortia as defined in s.
9 1001.451 which serve rural areas of critical economic concern
10 are exempt from the funding match required by this subsection.
11 (7) Own or lease a facility that can be used to
12 deliver training onsite and through distance learning and
13 other technology-based delivery systems. The participating
14 district school boards may lease a site or facility to the
15 academy for a nominal fee and may pay all or part of the costs
16 of renovating a facility to accommodate the academy. The
17 academy is responsible for all operational, maintenance, and
18 repair costs.
19 (8) Provide professional development services for the
20 participating school districts as specified in the contract
21 and may provide professional development services to other
22 school districts, private schools, and individuals on a
23 fee-for-services basis.
24 Section 792. Part VI of chapter 1012, Florida
25 Statutes, shall be entitled "Interstate Compact on
26 Qualifications of Educational Personnel" and shall consist of
27 ss. 1012.99-1012.992.
28 Section 793. Section 1012.99, Florida Statutes, is
29 created to read:
30 1012.99 Interstate agreement on qualifications of
31 educational personnel.--The interstate agreement on
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 qualifications of educational personnel is hereby enacted into
2 law and entered into with all jurisdictions legally joining
3 therein, in form substantially as follows:
4
5 ARTICLE I
6
7 PURPOSE, FINDINGS, AND POLICY
8 1. The states party to this agreement, desiring by
9 common action to improve their respective school systems by
10 utilizing the teacher or other professional educational person
11 wherever educated, declare that it is the policy of each of
12 them, on the basis of cooperation with one another, to take
13 advantage of the preparation and experience of such persons
14 wherever gained, thereby serving the best interests of
15 society, of education, and of the teaching profession. It is
16 the purpose of this agreement to provide for the development
17 and execution of such programs of cooperation as will
18 facilitate the movement of teachers and other professional
19 educational personnel among the states party to it, and to
20 authorize specific interstate educational personnel contracts
21 to achieve that end.
22 2. The party states find that included in the large
23 movement of population among all sections of the nation are
24 many qualified educational personnel who move for family and
25 other personal reasons but who are hindered in using their
26 professional skill and experience in their new locations.
27 Variations from state to state in requirements for qualifying
28 educational personnel discourage such personnel from taking
29 the steps necessary to qualify in other states. As a
30 consequence, a significant number of professionally prepared
31 and experienced educators is lost to our school systems.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Facilitating the employment of qualified educational
2 personnel, without reference to their states of origin, can
3 increase the available educational resources. Participation in
4 this compact can increase the availability of educational
5 personnel.
6
7 ARTICLE II
8
9 DEFINITIONS
10 As used in this agreement and contracts made pursuant
11 to it, unless the context clearly requires otherwise:
12 1. "Educational personnel" means persons who must meet
13 requirements pursuant to state law as a condition of
14 employment in educational programs.
15 2. "Designated state official" means the education
16 official of a state selected by that state to negotiate and
17 enter into, on behalf of this state, contracts pursuant to
18 this agreement.
19 3. "Accept," or any variant thereof, means to
20 recognize and give effect to one or more determinations of
21 another state relating to the qualifications of educational
22 personnel in lieu of making or requiring a like determination
23 that would otherwise be required by or pursuant to the laws of
24 a receiving state.
25 4. "State" means a state, territory, or possession of
26 the United States; the district of Columbia; or the
27 Commonwealth of Puerto Rico.
28 5. "Originating state" means a state and the
29 subdivision thereof, if any, whose determination that certain
30 educational personnel are qualified to be employed for
31 specific duties in schools is acceptable in accordance with
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the terms of a contract made pursuant to Article III.
2 6. "Receiving state" means a state and the
3 subdivisions thereof which accept educational personnel in
4 accordance with the terms of a contract made pursuant to
5 Article III.
6
7 ARTICLE III
8
9 INTERSTATE EDUCATIONAL
10 PERSONNEL CONTRACTS
11 1. The designated state official of a party state may
12 make one or more contracts on behalf of his or her state with
13 one or more other party states providing for the acceptance of
14 educational personnel. Any such contract for the period of
15 its duration shall be applicable to and binding on the states
16 whose designated state officials enter into it, and the
17 subdivisions of those states, with the same force and effect
18 as if incorporated in this agreement. A designated state
19 official may enter into a contract pursuant to this article
20 only with states in which he or she finds that there are
21 programs of education, certification standards or other
22 acceptable qualifications that assure preparation or
23 qualification of educational personnel on a basis sufficiently
24 comparable, even though not identical to that prevailing in
25 his or her own state.
26 2. Any such contract shall provide for:
27 (a) Its duration.
28 (b) The criteria to be applied by an originating state
29 in qualifying educational personnel for acceptance by a
30 receiving state.
31 (c) Such waivers, substitutions, and conditional
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 acceptances as shall aid the practical effectuation of the
2 contract without sacrifice of basic educational standards.
3 (d) Any other necessary matters.
4 3. No contract made pursuant to this agreement shall
5 be for a term longer than five years but any such contract may
6 be renewed for like or lesser periods.
7 4. Any contract dealing with acceptance of educational
8 personnel on the basis of their having completed an
9 educational program shall specify the earliest date or dates
10 on which originating state approval of the program or programs
11 involved can have occurred. No contract made pursuant to this
12 agreement shall require acceptance by a receiving state or any
13 persons qualified because of successful completion of a
14 program prior to January 1, 1954.
15 5. The certification or other acceptance of a person
16 who has been accepted pursuant to the terms of a contract
17 shall not be revoked or otherwise impaired because the
18 contract has expired or been terminated. However, any
19 certificate or other qualifying document may be revoked or
20 suspended on any ground which would be sufficient for
21 revocation or suspension of a certificate or other qualifying
22 document initially granted or approved in the receiving state.
23 6. A contract committee composed of the designated
24 state officials of the contracting states or their
25 representatives shall keep the contract under continuous
26 review, study means of improving its administration, and
27 report no less frequently than once a year to the heads of the
28 appropriate education agencies of the contracting states.
29
30 ARTICLE IV
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 APPROVED AND ACCEPTED PROGRAMS
2 1. Nothing in this agreement shall be construed to
3 repeal or otherwise modify any law or regulation of a party
4 state relating to the approval of programs of educational
5 preparation having effect solely on the qualification of
6 educational personnel within that state.
7 2. To the extent that contracts made pursuant to this
8 agreement deal with the educational requirements for the
9 proper qualification of educational personnel, acceptance of a
10 program of educational preparation shall be in accordance with
11 such procedures and requirements as may be provided in the
12 applicable contract.
13
14 ARTICLE V
15
16 INTERSTATE COOPERATION
17 The party states agree that:
18 1. They will, so far as practicable, prefer the making
19 of multilateral contracts pursuant to Article III of this
20 agreement.
21 2. They will facilitate and strengthen cooperation in
22 interstate certification and other elements of educational
23 personnel qualification and for this purpose shall cooperate
24 with agencies, organizations, and associations interested in
25 certification and other elements of educational personnel
26 qualification.
27
28 ARTICLE VI
29
30 AGREEMENT EVALUATION
31 The designated state officials of any party states may
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 meet from time to time as a group to evaluate progress under
2 the agreement, and to formulate recommendations for changes.
3
4 ARTICLE VII
5
6 OTHER ARRANGEMENTS
7 Nothing in this agreement shall be construed to prevent
8 or inhibit other arrangements or practices of any party state
9 or states to facilitate the interchange of educational
10 personnel.
11
12 ARTICLE VIII
13
14 EFFECT AND WITHDRAWAL
15 1. This agreement shall become effective when enacted
16 into law by two states. Thereafter it shall become effective
17 as to any state upon its enactment of this agreement.
18 2. Any party state may withdraw from this agreement by
19 enacting a statute repealing the same, but no such withdrawal
20 shall take effect until one year after the governor of the
21 withdrawing state has given notice in writing of the
22 withdrawal to the governors of all other party states.
23 3. No withdrawal shall relieve the withdrawing state
24 of any obligation imposed upon it by a contract to which it is
25 a party. The duration of contracts and the methods and
26 conditions of withdrawal therefrom shall be those specified in
27 their terms.
28
29 ARTICLE IX
30
31 CONSTRUCTION AND SEVERABILITY
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 This agreement shall be liberally construed so as to
2 effectuate the purposes thereof. The provisions of this
3 agreement shall be severable and if any phrase, clause,
4 sentence or provision of this agreement is declared to be
5 contrary to the constitution of any state or of the United
6 States, or the application thereof to any government, agency,
7 person, or circumstance is held invalid, the validity of the
8 remainder of this agreement and the applicability thereof to
9 any government, agency, person, or circumstance shall not be
10 affected thereby. If this agreement shall be held contrary to
11 the constitution of any state participating therein, the
12 agreement shall remain in full force and effect as to the
13 state affected as to all severable matters.
14 Section 794. Section 1012.991, Florida Statutes, is
15 created to read:
16 1012.991 Commissioner designated official.--For the
17 purposes of the agreement set forth in Article IX, the
18 "designated state official" for this state shall be the
19 Commissioner of Education. The Commissioner of Education shall
20 enter into contracts pursuant to Article III of the agreement
21 only with the approval of the specific texts thereof by the
22 State Board of Education.
23 Section 795. Section 1012.992, Florida Statutes, is
24 created to read:
25 1012.992 Copies of contracts with other states;
26 depository.--Two copies of all contracts made on behalf of
27 this state pursuant to the agreement set forth in Article IX
28 shall be kept on file in the office of the Commissioner of
29 Education and in the office of the Department of State. The
30 Department of Education shall publish all such contracts in
31 convenient form.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 796. Chapter 1013, Florida Statutes, shall be
2 entitled "Educational Facilities" and shall consist of ss.
3 1013.01-1013.82.
4 Section 797. Part I of chapter 1013, Florida Statutes,
5 shall be entitled "Functions; Department of Education" and
6 shall consist of ss. 1013.01-1013.05.
7 Section 798. Section 1013.01, Florida Statutes, is
8 created to read:
9 1013.01 Definitions.--The following terms shall be
10 defined as follows for the purpose of this chapter:
11 (1) "Ancillary plant" is comprised of the building,
12 site, and site improvements necessary to provide such
13 facilities as vehicle maintenance, warehouses, maintenance, or
14 administrative buildings necessary to provide support services
15 to an educational program.
16 (2) "Auxiliary facility" means the spaces located at
17 educational plants which are not designed for student occupant
18 stations.
19 (3) "Board," unless otherwise specified, means a
20 district school board, a community college board of trustees,
21 a university board of trustees, and the Board of Trustees for
22 the Florida School for the Deaf and the Blind. The term
23 "board" does not include the State Board of Education.
24 (4) "Capital project," for the purpose of s. 9(a)(2),
25 Art. XII of the State Constitution, as amended, means sums of
26 money appropriated from the Public Education Capital Outlay
27 and Debt Service Trust Fund to the state system of public
28 education and other educational agencies as authorized by the
29 Legislature.
30 (5) "Core facilities" means the media center,
31 cafeteria, toilet facilities, and circulation space of an
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 educational plant.
2 (6) "Educational facilities" means the buildings and
3 equipment, structures, and special educational use areas that
4 are built, installed, or established to serve primarily the
5 educational purposes and secondarily the social and
6 recreational purposes of the community and which may lawfully
7 be used as authorized by the Florida Statutes and approved by
8 boards.
9 (7) "Educational plant" comprises the educational
10 facilities, site, and site improvements necessary to
11 accommodate students, faculty, administrators, staff, and the
12 activities of the educational program of each plant.
13 (8) "Educational plant survey" means a systematic
14 study of present educational and ancillary plants and the
15 determination of future needs to provide an appropriate
16 educational program and services for each student based on
17 projected capital outlay FTE's approved by the Department of
18 Education.
19 (9) "Feasibility study" means the examination and
20 analysis of information related to projected educational
21 facilities to determine whether they are reasonable and
22 possible.
23 (10) "Long-range planning" means devising a systematic
24 method based on educational information and needs, carefully
25 analyzed, to provide the facilities to meet the goals and
26 objectives of the educational agency for a period of 5 years.
27 (11) "Low-energy usage features" means engineering
28 features or devices that supplant or minimize the consumption
29 of fossil fuels by heating equipment and cooling equipment.
30 Such features may include, but are not limited to, high
31 efficiency chillers and boilers, thermal storage tanks, solar
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 energy systems, waste heat recovery systems, and facility load
2 management systems.
3 (12) "Maintenance and repair" means the upkeep of
4 educational and ancillary plants, including, but not limited
5 to, roof or roofing replacement short of complete replacement
6 of membrane or structure; repainting of interior or exterior
7 surfaces; resurfacing of floors; repair or replacement of
8 glass; repair of hardware, furniture, equipment, electrical
9 fixtures, and plumbing fixtures; and repair or resurfacing of
10 parking lots, roads, and walkways. The term "maintenance and
11 repair" does not include custodial or groundskeeping
12 functions, or renovation except for the replacement of
13 equipment with new equipment of equal systems meeting current
14 code requirements, provided that the replacement item neither
15 places increased demand upon utilities services or structural
16 supports nor adversely affects the function of safety to life
17 systems.
18 (13) "Need determination" means the identification of
19 types and amounts of educational facilities necessary to
20 accommodate the educational programs, student population,
21 faculty, administrators, staff, and auxiliary and ancillary
22 services of an educational agency.
23 (14) "New construction" means any construction of a
24 building or unit of a building in which the entire work is new
25 or an entirely new addition connected to an existing building
26 or which adds additional square footage to the space
27 inventory.
28 (15) "Passive design elements" means architectural
29 features that minimize heat gain, heat loss, and the use of
30 heating and cooling equipment when ambient conditions are
31 extreme and that permit use of the facility without heating or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 air-conditioning when ambient conditions are moderate. Such
2 features may include, but are not limited to, building
3 orientation, landscaping, earth bermings, insulation, thermal
4 windows and doors, overhangs, skylights, thermal chimneys, and
5 other design arrangements.
6 (16) "Public education capital outlay (PECO) funded
7 projects" means site acquisition, renovation, remodeling,
8 construction projects, and site improvements necessary to
9 accommodate buildings, equipment, other structures, and
10 special educational use areas that are built, installed, or
11 established to serve primarily the educational instructional
12 program of the district school board, community college board
13 of trustees, or university board of trustees.
14 (17) "Remodeling" means the changing of existing
15 facilities by rearrangement of spaces and their use and
16 includes, but is not limited to, the conversion of two
17 classrooms to a science laboratory or the conversion of a
18 closed plan arrangement to an open plan configuration.
19 (18) "Renovation" means the rejuvenating or upgrading
20 of existing facilities by installation or replacement of
21 materials and equipment and includes, but is not limited to,
22 interior or exterior reconditioning of facilities and spaces;
23 air-conditioning, heating, or ventilating equipment; fire
24 alarm systems; emergency lighting; electrical systems; and
25 complete roofing or roof replacement, including replacement of
26 membrane or structure. As used in this subsection, the term
27 "materials" does not include instructional materials.
28 (19) "Satisfactory educational facility" means a
29 facility that has been recommended for continued use by an
30 educational plant survey or that has been classified as
31 satisfactory in the state inventory of educational facilities.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (20) "Site" means a space of ground occupied or to be
2 occupied by an educational facility or program.
3 (21) "Site development" means work that must be
4 performed on an unimproved site in order to make it usable for
5 the desired purpose or work incidental to new construction or
6 to make an addition usable.
7 (22) "Site improvement" means work that must be
8 performed on an existing site to improve its utilization,
9 correct health and safety deficiencies, meet special program
10 needs, or provide additional service areas.
11 (23) "Site improvement incident to construction" means
12 the work that must be performed on a site as an accompaniment
13 to the construction of an educational facility.
14 (24) "Satellite facility" means the buildings and
15 equipment, structures, and special educational use areas that
16 are built, installed, or established by private business or
17 industry in accordance with chapter 6A-2, Florida
18 Administrative Code, to be used exclusively for educational
19 purposes to serve primarily the students of its employees and
20 that are staffed professionally by the district school board.
21 Section 799. Section 1013.02, Florida Statutes, is
22 created to read:
23 1013.02 Purpose; rules.--
24 (1) The purpose of this chapter is to authorize state
25 and local officials to cooperate in establishing and
26 maintaining educational plants that will provide for public
27 educational needs throughout the state.
28 (2) The State Board of Education shall adopt rules
29 pursuant to ss. 120.536(1) and 120.54 to implement the
30 provisions of this chapter.
31 Section 800. Section 1013.03, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1013.03 Functions of the department.--The functions of
3 the Department of Education as it pertains to educational
4 facilities shall include, but not be limited to, the
5 following:
6 (1) Establish recommended minimum and maximum square
7 footage standards for different functions and areas and
8 procedures for determining the gross square footage for each
9 educational facility to be funded in whole or in part by the
10 state, including public broadcasting stations but excluding
11 postsecondary special purpose laboratory space. The gross
12 square footage determination standards may be exceeded when
13 the core facility space of an educational facility is
14 constructed or renovated to accommodate the future addition of
15 classrooms to meet projected increases in student enrollment.
16 The department shall encourage multiple use of facilities and
17 spaces in educational plants.
18 (2) Establish, for the purpose of determining need,
19 equitably uniform utilization standards for all types of like
20 space, regardless of the level of education. These standards
21 shall also establish, for postsecondary education classrooms,
22 a minimum room utilization rate of 40 hours per week and a
23 minimum station utilization rate of 60 percent. These rates
24 shall be subject to increase based on national norms for
25 utilization of postsecondary education classrooms.
26 (3) Require boards to submit other educational plant
27 inventories data and statistical data or information relevant
28 to construction, capital improvements, and related costs.
29 (4) Require each board and other appropriate agencies
30 to submit complete and accurate financial data as to the
31 amounts of funds from all sources that are available and spent
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for construction and capital improvements. The commissioner
2 shall prescribe the format and the date for the submission of
3 this data and any other educational facilities data. If any
4 district does not submit the required educational facilities
5 fiscal data by the prescribed date, the Commissioner of
6 Education shall notify the district school board of this fact
7 and, if appropriate action is not taken to immediately submit
8 the required report, the district school board shall be
9 directed to proceed pursuant to the provisions of s.
10 1001.42(11)(b). If any community college or university does
11 not submit the required educational facilities fiscal data by
12 the prescribed date, the same policy prescribed in this
13 subsection for school districts shall be implemented.
14 (5) Administer, under the supervision of the
15 Commissioner of Education, the Public Education Capital Outlay
16 and Debt Service Trust Fund and the School District and
17 Community College District Capital Outlay and Debt Service
18 Trust Fund.
19 (6) Develop, review, update, revise, and recommend a
20 mandatory portion of the Florida Building Code for educational
21 facilities construction and capital improvement by community
22 college boards and district school boards.
23 (7) Provide training, technical assistance, and
24 building code interpretation for requirements of the mandatory
25 Florida Building Code for the educational facilities
26 construction and capital improvement programs of the community
27 college boards and district school boards and, upon request,
28 approve phase III construction documents for remodeling,
29 renovation, or new construction of educational plants or
30 ancillary facilities, except that university boards of
31 trustees shall approve specifications and construction
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 documents for their respective institutions. The Department of
2 Management Services may, upon request, provide similar
3 services for the Florida School for the Deaf and the Blind and
4 shall use the Florida Building Code and the Florida Fire
5 Prevention Code.
6 (8) Provide minimum criteria, procedures, and training
7 to boards to conduct educational plant surveys and document
8 the determination of future needs.
9 (9) Make available to boards technical assistance,
10 awareness training, and research and technical publications
11 relating to lifesafety, casualty, sanitation, environmental,
12 maintenance, and custodial issues; and, as needed, technical
13 assistance for survey, planning, design, construction,
14 operation, and evaluation of educational and ancillary
15 facilities and plants, facilities administrative procedures
16 review, and training for new administrators.
17 (10)(a) Review and validate surveys proposed or
18 amended by the boards and recommend to the Commissioner of
19 Education, for approval, surveys that meet the requirements of
20 this chapter.
21 1. The term "validate" as applied to surveys by school
22 districts means to review inventory data as submitted to the
23 department by district school boards; provide for review and
24 inspection, where required, of student stations and aggregate
25 square feet of inventory changed from satisfactory to
26 unsatisfactory or changed from unsatisfactory to satisfactory;
27 compare new school inventory to allocation limits provided by
28 this chapter; review cost projections for conformity with cost
29 limits set by s. 1013.64(6); compare total capital outlay
30 full-time equivalent enrollment projections in the survey with
31 the department's projections; review facilities lists to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 verify that student station and auxiliary facility space
2 allocations do not exceed the limits provided by this chapter
3 and related rules; review and confirm the application of
4 uniform facility utilization factors, where provided by this
5 chapter or related rules; utilize the documentation of
6 programs offered per site, as submitted by the board, to
7 analyze facility needs; confirm that need projections for
8 career and technical and adult educational programs comply
9 with needs documented by the Office of Workforce and Economic
10 Development; and confirm the assignment of full-time student
11 stations to all space except auxiliary facilities, which, for
12 purposes of exemption from student station assignment, include
13 the following:
14 a. Cafeterias.
15 b. Multipurpose dining areas.
16 c. Media centers.
17 d. Auditoriums.
18 e. Administration.
19 f. Elementary, middle, and high school resource rooms,
20 up to the number of such rooms recommended for the applicable
21 occupant and space design capacity of the educational plant in
22 the State Requirements for Educational Facilities, beyond
23 which student stations must be assigned.
24 g. Elementary school skills labs, up to the number of
25 such rooms recommended for the applicable occupant and space
26 design capacity of the educational plant in the State
27 Requirements for Educational Facilities, beyond which student
28 stations must be assigned.
29 h. Elementary school art and music rooms.
30 2. The term "validate" as applied to surveys by
31 community colleges and universities means to review and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 document the approval of each new site and official
2 designation, where applicable; review the inventory database
3 as submitted by each board to the department, including
4 noncareer and technical, and total capital outlay full-time
5 equivalent enrollment projections per site and per college;
6 provide for the review and inspection, where required, of
7 student stations and aggregate square feet of space changed
8 from satisfactory to unsatisfactory; utilize and review the
9 documentation of programs offered per site submitted by the
10 boards as accurate for analysis of space requirements and
11 needs; confirm that needs projected for career and technical
12 and adult educational programs comply with needs documented by
13 the Office of Workforce and Economic Development; compare new
14 facility inventory to allocations limits as provided in this
15 chapter; review cost projections for conformity with state
16 averages or limits designated by this chapter; compare student
17 enrollment projections in the survey to the department's
18 projections; review facilities lists to verify that area
19 allocations and space factors for generating space needs do
20 not exceed the limits as provided by this chapter and related
21 rules; confirm the application of facility utilization factors
22 as provided by this chapter and related rules; and review, as
23 submitted, documentation of how survey recommendations will
24 implement the detail of current campus master plans and
25 integrate with local comprehensive plans and development
26 regulations.
27 (b) Recommend priority of projects to be funded for
28 approval by the state board, when required by law.
29 (11) Prepare the commissioner's comprehensive fixed
30 capital outlay legislative budget request and provide annually
31 an estimate of the funds available for developing required
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 3-year priority lists. This amount shall be based upon the
2 average percentage for the 5 prior years of funds appropriated
3 by the Legislature for fixed capital outlay to each level of
4 public education: public schools, community colleges, and
5 universities.
6 (12) Perform any other functions that may be involved
7 in educational facilities construction and capital improvement
8 which shall ensure that the intent of the Legislature is
9 implemented.
10 Section 801. Section 1013.04, Florida Statutes, is
11 created to read:
12 1013.04 School district facilities work program
13 performance and productivity standards; development;
14 measurement; application.--
15 (1) The Office of Educational Facilities and SMART
16 Schools Clearinghouse shall develop and adopt measures for
17 evaluating the performance and productivity of school district
18 facilities work programs. The measures may be both
19 quantitative and qualitative and must, to the maximum extent
20 practical, assess those factors that are within the districts'
21 control. The measures must, at a minimum, assess performance
22 in the following areas:
23 (a) Frugal production of high-quality projects.
24 (b) Efficient finance and administration.
25 (c) Optimal school and classroom size and utilization
26 rate.
27 (d) Safety.
28 (e) Core facility space needs and cost-effective
29 capacity improvements that consider demographic projections.
30 (f) Level of district local effort.
31 (2) The office shall establish annual performance
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 objectives and standards that can be used to evaluate district
2 performance and productivity.
3 (3) The office shall conduct ongoing evaluations of
4 district educational facilities program performance and
5 productivity, using the measures adopted under this section.
6 If, using these measures, the office finds that a district
7 failed to perform satisfactorily, the office must recommend to
8 the district school board actions to be taken to improve the
9 district's performance.
10 Section 802. Section 1013.05, Florida Statutes, is
11 created to read:
12 1013.05 Office of Educational Facilities and SMART
13 (Soundly Made, Accountable, Reasonable, and Thrifty) Schools
14 Clearinghouse.--
15 (1) The SMART Schools Clearinghouse is established to
16 assist school districts that seek to access School
17 Infrastructure Thrift (SIT) Program awards pursuant to ss.
18 1013.42 and 1013.72 or effort index grants pursuant to s.
19 1013.73. The office must use expedited procedures in providing
20 such assistance.
21 (2) The office shall prioritize school district SIT
22 Program awards based on a review of the district facilities
23 work programs and proposed construction projects.
24 Section 803. Part II of chapter 1013, Florida
25 Statutes, shall be entitled "Use and Management of Educational
26 Facilities" and shall consist of ss. 1013.10-1013.28.
27 Section 804. Section 1013.10, Florida Statutes, is
28 created to read:
29 1013.10 Use of buildings and grounds.--The board may
30 permit the use of educational facilities and grounds for any
31 legal assembly or for community use centers or may permit the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 same to be used as voting places in any primary, regular, or
2 special election. The board shall adopt rules or policies and
3 procedures necessary to protect educational facilities and
4 grounds when used for such purposes.
5 Section 805. Section 1013.11, Florida Statutes, is
6 created to read:
7 1013.11 Postsecondary institutions assessment of
8 physical plant safety.--The president of each postsecondary
9 institution shall conduct or cause to be conducted an annual
10 assessment of physical plant safety. An annual report shall
11 incorporate the findings obtained through such assessment and
12 recommendations for the improvement of safety on each campus.
13 The annual report shall be submitted to the respective
14 governing or licensing board of jurisdiction no later than
15 January 1 of each year. Each board shall compile the
16 individual institutional reports and convey the aggregate
17 institutional reports to the Commissioner of Education. The
18 Commissioner of Education shall convey these reports and the
19 reports required in s. 1008.48 to the President of the Senate
20 and the Speaker of the House of Representatives no later than
21 March 1 of each year.
22 Section 806. Section 1013.12, Florida Statutes, is
23 created to read:
24 1013.12 Safety and sanitation standards and inspection
25 of property.--The State Board of Education shall adopt and
26 administer rules prescribing standards for the safety and
27 health of occupants of educational and ancillary plants as a
28 part of State Requirements for Educational Facilities or the
29 Florida Building Code for educational facilities construction
30 as provided in s. 1013.37, the provisions of chapter 633 to
31 the contrary notwithstanding. These standards must be used by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 all public agencies when inspecting public educational and
2 ancillary plants. In accordance with such standards, each
3 board shall prescribe policies and procedures establishing a
4 comprehensive program of safety and sanitation for the
5 protection of occupants of public educational and ancillary
6 plants. Such policies must contain procedures for periodic
7 inspections as prescribed herein and for withdrawal of any
8 educational and ancillary plant, or portion thereof, from use
9 until unsafe or unsanitary conditions are corrected or
10 removed.
11 (1) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
12 BOARDS.--
13 (a) Each board shall provide for periodic inspection
14 of each educational and ancillary plant at least once during
15 each fiscal year to determine compliance with standards of
16 sanitation and casualty safety prescribed in the rules of the
17 State Board of Education.
18 (b) Firesafety inspections of each educational and
19 ancillary plant must be made annually by persons certified by
20 the Division of State Fire Marshal to be eligible to conduct
21 firesafety inspections in public educational and ancillary
22 plants.
23 (c) In each firesafety inspection report, the board
24 shall include a plan of action and a schedule for the
25 correction of each deficiency. If immediate life-threatening
26 deficiencies are noted in any inspection, the board shall
27 either take action to promptly correct the deficiencies or
28 withdraw the educational or ancillary plant from use until
29 such time as the deficiencies are corrected.
30 (2) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
31 AGENCIES.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) A safety or sanitation inspection of any
2 educational or ancillary plant may be made at any time by the
3 Department of Education or any other state or local agency
4 authorized or required to conduct such inspections by either
5 general or special law. Each agency conducting inspections
6 shall use the standards adopted by the Commissioner of
7 Education in lieu of, and to the exclusion of, any other
8 inspection standards prescribed either by statute or
9 administrative rule, the provisions of chapter 633 to the
10 contrary notwithstanding. The agency shall submit a copy of
11 the inspection report to the board.
12 (b) In addition to district school board inspections,
13 the applicable local fire control authority shall also
14 annually inspect district school board educational facilities
15 within its fire control district, using the standards adopted
16 by the Commissioner of Education. Reports shall be filed with
17 the district school board, and a copy shall be on file with
18 the local site administrator.
19 (3) CORRECTIVE ACTION.--Upon failure of the board to
20 take corrective action within a reasonable time, the agency
21 making the inspection may request the commissioner to:
22 (a) Order that appropriate action be taken to correct
23 all deficiencies in accordance with a schedule determined
24 jointly by the inspecting authority and the board; in
25 developing the schedule, consideration must be given to the
26 seriousness of the deficiencies and the ability of the board
27 to obtain the necessary funds; or
28 (b) After 30 calendar days' notice to the board, order
29 all or a portion of the educational or ancillary plant
30 withdrawn from use until the deficiencies are corrected.
31 (4) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 FACILITIES.--Firesafety inspections of community college and
2 university facilities shall comply with State Board of
3 Education rules.
4 Section 807. Section 1013.13, Florida Statutes, is
5 created to read:
6 1013.13 Coordination of school safety information;
7 construction design documents.--
8 (1) Each district school superintendent must provide
9 to the law enforcement agency and fire department that has
10 jurisdiction over each educational facility a copy of the
11 floor plans and other relevant documents for each educational
12 facility in the district, as defined in s. 1013.01. After the
13 initial submission of the floor plans and other relevant
14 documents, the district superintendent of schools shall
15 submit, by October 1 of each year, revised floor plans and
16 other relevant documents for each educational facility in the
17 district that was modified during the preceding year.
18 (2) Each community college president must provide to
19 the law enforcement agency and fire department that has
20 jurisdiction over the community college a copy of the floor
21 plans and other relevant documents for each educational
22 facility as defined in s. 1013.01. After the initial
23 submission of the floor plans and other relevant documents,
24 the community college president shall submit, by October 1 of
25 each year, revised floor plans and other relevant documents
26 for each educational facility that was modified during the
27 preceding year.
28 Section 808. Section 1013.14, Florida Statutes, is
29 created to read:
30 1013.14 Proposed purchase of real property by a board;
31 confidentiality of records; procedure.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1)(a) In any case in which a board, pursuant to the
2 provisions of this chapter, seeks to acquire by purchase any
3 real property for educational purposes, every appraisal,
4 offer, or counteroffer must be in writing and is exempt from
5 the provisions of s. 119.07(1) until an option contract is
6 executed or, if no option contract is executed, until 30 days
7 before a contract or agreement for purchase is considered for
8 approval by the board. If a contract or agreement for purchase
9 is not submitted to the board for approval, the exemption from
10 s. 119.07(1) shall expire 30 days after the termination of
11 negotiations. The board shall maintain complete and accurate
12 records of every such appraisal, offer, and counteroffer. For
13 the purposes of this section, the term "option contract" means
14 an agreement by the board to purchase a piece of property,
15 subject to the approval of the board at a public meeting after
16 30 days' public notice.
17 (b) Prior to acquisition of the property, the board
18 shall obtain at least one appraisal by an appraiser approved
19 pursuant to s. 253.025(6)(b) for each purchase in an amount
20 greater than $100,000 and not more than $500,000. For each
21 purchase in an amount in excess of $500,000, the board shall
22 obtain at least two appraisals by appraisers approved pursuant
23 to s. 253.025(6)(b). If the agreed to purchase price exceeds
24 the average appraised value, the board is required to approve
25 the purchase by an extraordinary vote.
26 (2) Nothing in this section shall be interpreted as
27 providing an exemption from, or an exception to, s. 286.011.
28 Section 809. Section 1013.15, Florida Statutes, is
29 created to read:
30 1013.15 Lease, rental, and lease-purchase of
31 educational facilities and sites.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) A board may lease any land, facilities, or
2 educational plants owned by it to any person or entity for
3 such term, for such rent, and upon such terms and conditions
4 as the board determines to be in its best interests; any such
5 lease may provide for the optional or binding purchase of the
6 land, facilities, or educational plants by the lessee upon
7 such terms and conditions as the board determines are in its
8 best interests. A determination that any such land, facility,
9 or educational plant so leased is unnecessary for educational
10 purposes is not a prerequisite to the leasing or
11 lease-purchase of such land, facility, or educational plant.
12 Prior to entering into or executing any such lease, a board
13 shall consider approval of the lease or lease-purchase
14 agreement at a public meeting, at which a copy of the proposed
15 agreement in its final form shall be available for inspection
16 and review by the public, after due notice as required by law.
17 (2)(a) A district school board may rent or lease
18 educational facilities and sites as defined in s. 1013.01.
19 Educational facilities and sites rented or leased for 1 year
20 or less shall be funded through the operations budget or funds
21 derived from millage proceeds pursuant to s. 1011.71(2). A
22 lease contract for 1 year or less, when extended or renewed
23 beyond a year, becomes a multiple-year lease. Operational
24 funds or funds derived from millage proceeds pursuant to s.
25 1011.71(2) may be authorized to be expended for multiple-year
26 leases. All leased facilities and sites must be inspected
27 prior to occupancy by the authority having jurisdiction.
28 1. All newly leased spaces must be inspected and
29 brought into compliance with the Florida Building Code
30 pursuant to chapter 553 and the life safety codes pursuant to
31 chapter 633, prior to occupancy, using the board's operations
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 budget or funds derived from millage proceeds pursuant to s.
2 1011.71(2).
3 2. Plans for renovation or remodeling of leased space
4 shall conform to the Florida Building Code and the Florida
5 Fire Prevention Code for educational occupancies or other
6 occupancies, as appropriate and as required in chapters 553
7 and 633, prior to occupancy.
8 3. All leased facilities must be inspected annually
9 for firesafety deficiencies in accordance with the applicable
10 code and have corrections made in accordance with s. 1013.12.
11 Operational funds or funds derived from millage proceeds
12 pursuant to s. 1011.71(2) may be used to correct deficiencies
13 in leased space.
14 4. When the board declares that a public emergency
15 exists, it may take up to 30 days to bring the leased facility
16 into compliance with the requirements of State Board of
17 Education rules.
18 (b) A board is authorized to lease-purchase
19 educational facilities and sites as defined in s. 1013.01. The
20 lease-purchase of educational facilities and sites shall be as
21 required by s. 1013.37, shall be advertised for and receive
22 competitive proposals and be awarded to the best proposer, and
23 shall be funded using current or other funds specifically
24 authorized by law to be used for such purpose.
25 1. A district school board, by itself, or through a
26 direct-support organization formed pursuant to s. 1013.77 or
27 nonprofit educational organization or a consortium of district
28 school boards, may, in developing a lease-purchase of
29 educational facilities and sites provide for separately
30 advertising for and receiving competitive bids or proposals on
31 the construction of facilities and the selection of financing
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to provide the lowest cost funding available, so long as the
2 board determines that such process would best serve the public
3 interest and the pledged revenues are limited to those
4 authorized in s. 1011.71(2)(e).
5 2. All activities and information, including lists of
6 individual participants, associated with agreements made
7 pursuant to this section shall be subject to the provisions of
8 chapter 119 and s. 286.011.
9 (c)1. The term of any lease-purchase agreement,
10 including the initial term and any subsequent renewals, shall
11 not exceed the useful life of the educational facilities and
12 sites for which the agreement is made, or 30 years, whichever
13 is less.
14 2. The initial term or any renewal term of any
15 lease-purchase agreement shall expire on June 30 of each
16 fiscal year, but may be automatically renewed annually,
17 subject to a board making sufficient annual appropriations
18 therefor. Under no circumstances shall the failure of a board
19 to renew a lease-purchase agreement constitute a default or
20 require payment of any penalty or in any way limit the right
21 of a board to purchase or utilize educational facilities and
22 sites similar in function to the educational facilities and
23 sites that are the subject of the said lease-purchase
24 agreement. Educational facilities and sites being acquired
25 pursuant to a lease-purchase agreement shall be exempt from ad
26 valorem taxation.
27 3. No lease-purchase agreement entered into pursuant
28 to this subsection shall constitute a debt, liability, or
29 obligation of the state or a board or shall be a pledge of the
30 faith and credit of the state or a board.
31 4. Any lease-purchase agreement entered into pursuant
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to this subsection shall stipulate an annual rate which may
2 consist of a principal component and an interest component,
3 provided that the maximum interest rate of any interest
4 component payable under any such lease-purchase agreement, or
5 any participation or certificated portion thereof, shall be
6 calculated in accordance with and be governed by the
7 provisions of s. 215.84.
8 (3) Lease agreements entered into by university boards
9 of trustees shall comply with the provisions of s. 1013.171.
10 (4)(a) A board may rent or lease existing buildings,
11 or space within existing buildings, originally constructed or
12 used for purposes other than education, for conversion to use
13 as educational facilities. Such buildings rented or leased for
14 1 year or less shall be funded through the operations budget
15 or funds derived from millage pursuant to s. 1011.71(2). A
16 rental agreement or lease contract for 1 year or less, when
17 extended or renewed beyond a year, becomes a multiple-year
18 rental or lease. Operational funds or funds derived from
19 millage proceeds pursuant to s. 1011.71(2) may be authorized
20 to be expended for multiple-year rentals or leases.
21 Notwithstanding any other provisions of this section, if a
22 building was constructed in conformance with all applicable
23 building and life safety codes, it shall be deemed to meet the
24 requirements for use and occupancy as an educational facility
25 subject only to the provisions of this subsection.
26 (b) Prior to occupying a rented or a leased existing
27 building, or space within an existing building, pursuant to
28 this subsection, a school board shall, in a public meeting,
29 adopt a resolution certifying that the following circumstances
30 apply to the building proposed for occupancy:
31 1. Growth among the school-age population in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school district has created a need for new educational
2 facilities in a neighborhood where there is little or no
3 vacant land.
4 2. There exists a supply of vacant space in existing
5 buildings that meet state minimum building and life safety
6 codes.
7 3. Acquisition and conversion to use as educational
8 facilities of an existing building or buildings is a
9 cost-saving means of providing the needed classroom space as
10 determined by the difference between the cost of new
11 construction, including land acquisition and preparation and,
12 if applicable, demolition of existing structures, and the cost
13 of acquisition through rental or lease and conversion of an
14 existing building or buildings.
15 4. The building has been examined for suitability,
16 safety, and conformance with state minimum building and life
17 safety codes. The building examination shall consist, at a
18 minimum, of a review of existing documents, building site
19 reconnaissance, and analysis of the building conducted by, or
20 under the responsible charge of, a licensed structural
21 engineer.
22 5. A certificate of evaluation has been issued by an
23 appropriately licensed design professional which states that,
24 based on available documents, building site reconnaissance,
25 current knowledge, and design judgment in the professional's
26 opinion, the building meets the requirements of state minimum
27 building and life safety codes, provides safe egress of
28 occupants from the building, provides adequate firesafety, and
29 does not pose a substantial threat to life to persons who
30 would occupy the building for classroom use.
31 6. The plans for conversion of the building were
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 prepared by an appropriate design professional licensed in
2 this state and the work of conversion was performed by
3 contractors licensed in this state.
4 7. The conversion of the building was observed by an
5 appropriate design professional licensed in this state.
6 8. The building has been reviewed, inspected, and
7 granted a certificate of occupancy by the local building
8 department.
9 9. All ceilings, light fixtures, ducts, and registers
10 within the area to be occupied for classroom purposes were
11 constructed or have been reconstructed to meet state minimum
12 requirements.
13 Section 810. Section 1013.16, Florida Statutes, is
14 created to read:
15 1013.16 Construction of facilities on leased property;
16 conditions.--
17 (1) A board may construct or place educational
18 facilities and ancillary facilities on land that is owned by
19 any person after the board has acquired from the owner of the
20 land a long-term lease for the use of this land for a period
21 of not less than 40 years or the life expectancy of the
22 permanent facilities constructed thereon, whichever is longer.
23 (2) A board may enter into a short-term lease for the
24 use of land owned by any person on which temporary or
25 relocatable facilities are to be utilized.
26 Section 811. Section 1013.17, Florida Statutes, is
27 created to read:
28 1013.17 University leasing in affiliated research and
29 development park.--A university is exempt from the
30 requirements of s. 255.25(3), (4), and (8) when leasing
31 educational facilities in a research and development park with
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Amendment No. ___ (for drafter's use only)
1 which the university is affiliated and when the State Board of
2 Education certifies in writing that the leasing of said
3 educational facilities is in the best interests of the
4 university and that the exemption from competitive bid
5 requirements would not be detrimental to the state.
6 Section 812. Section 1013.171, Florida Statutes, is
7 created to read:
8 1013.171 University lease agreements; land,
9 facilities.--
10 (1) Each university is authorized to negotiate and
11 enter into agreements to lease land under its jurisdiction to
12 for-profit and nonprofit corporations, registered by the
13 Secretary of State to do business in this state, for the
14 purpose of erecting thereon facilities and accommodations
15 necessary and desirable to serve the needs and purposes of the
16 university, as determined by the systemwide strategic plan
17 adopted by the State Board of Education. Such agreement will
18 be for a term not in excess of 99 years or the life expectancy
19 of the permanent facilities constructed thereon, whichever is
20 shorter, and shall include as a part of the consideration
21 provisions for the eventual ownership of the completed
22 facilities by the state. The Board of Trustees of the Internal
23 Improvement Trust Fund upon request of the university shall
24 lease any such property to the university for sublease as
25 heretofore provided.
26 (2) Each university board of trustees is authorized to
27 enter into agreements with for-profit and nonprofit
28 corporations, registered by the Secretary of State to do
29 business in this state, whereby income-producing buildings,
30 improvements, and facilities necessary and desirable to serve
31 the needs and purposes of the university, as determined by the
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Amendment No. ___ (for drafter's use only)
1 systemwide strategic plan adopted by the State Board of
2 Education, are acquired by purchase or lease-purchase by the
3 university. When such agreements provide for lease-purchase of
4 facilities erected on land that is not under the jurisdiction
5 of the university, the agreement shall include as a part of
6 the consideration provisions for the eventual ownership of the
7 land and facility by the state. Agreements for lease-purchase
8 shall not exceed 30 years or the life expectancy of the
9 permanent facility constructed, whichever is shorter.
10 Notwithstanding the provisions of any other law, the
11 university board of trustees may enter into an agreement for
12 the lease-purchase of a facility under this section for a term
13 greater than 1 year. Each university board of trustees is
14 authorized to use any auxiliary trust funds, available and not
15 otherwise obligated, to pay rent to the owner should income
16 from the facilities not be sufficient in any debt payment
17 period. The trust funds used for payment of rent shall be
18 reimbursed as soon as possible to the extent that income from
19 the facilities exceeds the amount necessary for such debt
20 payment.
21 (3) Each university board of trustees may:
22 (a) Construct educational facilities on land that is
23 owned by a direct-support organization, as defined in s.
24 1004.28, or a governmental agency at the federal, state,
25 county, or municipal level, if the university has acquired a
26 long-term lease for the use of the land. The lease must be for
27 at least 40 years or the expected time the facilities to be
28 constructed on the land are expected to remain in a condition
29 acceptable for use, whichever is longer.
30 (b) Acquire a short-term lease from one of the
31 entities listed in paragraph (a) for the use of land, if
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1 adequate temporary or relocatable facilities are available on
2 the land.
3 (c) Enter into a short-term lease for the use of land
4 and buildings upon which capital improvements may be made.
5
6 If sufficient land is not available from any of the entities
7 listed in paragraph (a), a university may acquire a short-term
8 lease from a private landowner or developer.
9 (4) Agreements as provided in this section shall be
10 entered into with an offeror resulting from publicly announced
11 competitive bids or proposals, except that the university may
12 enter into an agreement with an entity enumerated in paragraph
13 (3)(a) for leasing land or with a direct-support organization
14 as provided in s. 1004.28, which shall enter into subsequent
15 agreements for financing and constructing the project after
16 receiving competitive bids or proposals. Any facility
17 constructed, lease-purchased, or purchased under such
18 agreements, whether erected on land under the jurisdiction of
19 the university or not, shall conform to the construction
20 standards and codes applicable to university facilities. Each
21 university board of trustees shall adopt such rules as are
22 necessary to carry out its duties and responsibilities imposed
23 by this section.
24 (5) Agreements executed by the State Board of
25 Education prior to January 1, 1980, for the purposes listed
26 herein shall be validated, and said board's capacity to act in
27 such cases ratified and confirmed.
28 Section 813. Section 1013.18, Florida Statutes, is
29 created to read:
30 1013.18 Radio and television facilities.--
31 (1) A board may acquire, by purchase, license,
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1 permanent easement, or gift, suitable lands and other
2 facilities, either within or without the boundaries of the
3 district, for use in providing educational radio or television
4 transmitting sites and may erect such buildings, antennas,
5 transmission equipment, towers, or other structures as are
6 necessary to accomplish the purposes of this section.
7 (2) Fixed capital outlay budget requests for public
8 broadcasting stations and instructional television and radio
9 facilities shall be submitted pursuant to s. 1013.60. The
10 commissioner may include any recommendations for these
11 purposes in the legislative budget request for fixed capital
12 outlay.
13 Section 814. Section 1013.19, Florida Statutes, is
14 created to read:
15 1013.19 Purchase, conveyance, or encumbrance of
16 property interests above surface of land; joint-occupancy
17 structures.--For the purpose of implementing jointly financed
18 construction project agreements, or for the construction of
19 combined occupancy structures, any board may purchase, own,
20 convey, sell, lease, or encumber airspace or any other
21 interests in property above the surface of the land, provided
22 the lease of airspace for nonpublic use is for such reasonable
23 rent, length of term, and conditions as the board in its
24 discretion may determine. All proceeds from such sale or lease
25 shall be used by the board or boards receiving the proceeds
26 solely for fixed capital outlay purposes. These purposes may
27 include the renovation or remodeling of existing facilities
28 owned by the board or the construction of new facilities;
29 however, for a community college board or university board,
30 such new facility must be authorized by the Legislature. It is
31 declared that the use of such rental by the board for public
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Amendment No. ___ (for drafter's use only)
1 purposes in accordance with its statutory authority is a
2 public use. Airspace or any other interest in property held by
3 the Board of Trustees of the Internal Improvement Trust Fund
4 or the State Board of Education may not be divested or
5 conveyed without approval of the respective board. Any
6 building, including any building or facility component that is
7 common to both nonpublic and educational portions thereof,
8 constructed in airspace that is sold or leased for nonpublic
9 use pursuant to this section is subject to all applicable
10 state, county, and municipal regulations pertaining to land
11 use, zoning, construction of buildings, fire protection,
12 health, and safety to the same extent and in the same manner
13 as such regulations would be applicable to the construction of
14 a building for nonpublic use on the appurtenant land beneath
15 the subject airspace. Any educational facility constructed or
16 leased as a part of a joint-occupancy facility is subject to
17 all rules and requirements of the respective boards or
18 departments having jurisdiction over educational facilities.
19 Section 815. Effective upon this act becoming a law,
20 section 1013.20, Florida Statutes, is created to read:
21 1013.20 Standards for relocatables used as classroom
22 space; inspections.--
23 (1) The State Board of Education shall adopt rules
24 establishing standards for relocatables intended for long-term
25 use as classroom space at a public elementary school, middle
26 school, or high school. "Long-term use" means the use of
27 relocatables at the same educational plant for a period of 4
28 years or more. Each relocatable acquired by a district school
29 board after the effective date of the rules and intended for
30 long-term use must comply with the standards. District school
31 boards shall submit a plan for the use of existing
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Amendment No. ___ (for drafter's use only)
1 relocatables within the 5-year work program to be reviewed and
2 approved by the commissioner by January 1, 2003. A progress
3 report shall be provided by the commissioner to the Speaker of
4 the House of Representatives and the President of the Senate
5 each January thereafter. Relocatables that fail to meet the
6 standards after completion of the approved plan may not be
7 used as classrooms. The standards shall protect the health,
8 safety, and welfare of occupants by requiring compliance with
9 the Florida Building Code or the State Requirements for
10 Educational Facilities for existing relocatables, as
11 applicable, to ensure the safety and stability of construction
12 and onsite installation; fire and moisture protection; air
13 quality and ventilation; appropriate wind resistance; and
14 compliance with the requirements of the Americans with
15 Disabilities Act of 1990. If appropriate and where
16 relocatables are not scheduled for replacement, the standards
17 must also require relocatables to provide access to the same
18 technologies available to similar classrooms within the main
19 school facility and, if appropriate, and where relocatables
20 are not scheduled for replacement, to be accessible by
21 adequate covered walkways. A relocatable that is subject to
22 this section and does not meet the standards shall not be
23 reported as providing satisfactory student stations in the
24 Florida Inventory of School Houses.
25 (2) Annual inspections for all satisfactory
26 relocatables designed for classroom use or being occupied by
27 students are required for: foundations; tie-downs; structural
28 integrity; weatherproofing; HVAC; electrical; plumbing, if
29 applicable; firesafety; and accessibility. Reports shall be
30 filed with the district school board and posted in each
31 respective relocatable in order to facilitate corrective
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Amendment No. ___ (for drafter's use only)
1 action.
2 Section 816. Section 1013.21, Florida Statutes, is
3 created to read:
4 1013.21 Reduction of relocatable facilities in use.--
5 (1)(a) It is a goal of the Legislature that all school
6 districts shall provide a quality educational environment for
7 their students such that, by July 1, 2003, student stations in
8 relocatable facilities exceeding 20 years of age and in use by
9 a district during the 1998-1999 fiscal year shall be removed
10 and the number of all other relocatable student stations at
11 over-capacity schools during that fiscal year shall be
12 decreased by half. The Legislature finds, however, that
13 necessary maintenance of existing facilities and public school
14 enrollment growth impair the ability of some districts to
15 achieve the goal of this section within 5 years. Therefore,
16 the Legislature is increasing its commitment to school funding
17 in this act, in part to help districts reduce the number of
18 temporary, relocatable student stations at over-capacity
19 schools. The Legislature intends that local school districts
20 also increase their investment toward meeting this goal. Each
21 district's progress toward meeting this goal shall be measured
22 annually by comparing district facilities work programs for
23 replacing relocatables with the state capital outlay
24 projections for education prepared by the Office of
25 Educational Facilities and SMART Schools Clearinghouse.
26 District facilities work programs shall be monitored by the
27 SMART Schools Clearinghouse to measure the commitment of local
28 school districts toward this goal.
29 (b) For the purposes of this section, an
30 "over-capacity school" means a school the capital outlay FTE
31 enrollment of which exceeds 100 percent of the space and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 occupant design capacity of its nonrelocatable facilities.
2 However, if a school's initial design incorporated relocatable
3 or modular instructional space, an "over-capacity school"
4 shall mean a school the capital outlay FTE enrollment of which
5 exceeds 100 percent of the space and occupant design capacity
6 of its core facilities.
7 (2) In accordance with the legislative goal described
8 in subsection (1), any relocatables purchased with money
9 appropriated pursuant to chapter 97-384, Laws of Florida,
10 shall be counted at actual student capacity for purposes of s.
11 1013.31 for the life cycle of the relocatable.
12 Section 817. Section 1013.22, Florida Statutes, is
13 created to read:
14 1013.22 Obscenity on educational buildings or
15 vehicles.--Whoever willfully cuts, paints, pastes, marks, or
16 defaces by writing or in any other manner any educational
17 building, furniture, apparatus, appliance, outbuilding,
18 ground, fence, tree, post, vehicle, or other educational
19 property with an obscene word, image, or device commits a
20 misdemeanor of the second degree, punishable as provided in s.
21 775.082 or s. 775.083. This section shall not apply to any
22 student in grades K-12 subject to the discipline of a district
23 school board.
24 Section 818. Section 1013.23, Florida Statutes, is
25 created to read:
26 1013.23 Energy efficiency contracting.--
27 (1) LEGISLATIVE INTENT.--The Legislature finds that
28 investment in energy conservation measures in educational
29 facilities can reduce the amount of energy consumed and
30 produce immediate and long-term savings. It is the policy of
31 this state to encourage school districts, community colleges,
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and state universities to invest in energy conservation
2 measures that reduce energy consumption, produce a cost
3 savings, and improve the quality of indoor air in facilities,
4 and, when economically feasible, to build, operate, maintain,
5 or renovate educational facilities in such a manner so as to
6 minimize energy consumption and maximize energy savings. It is
7 further the policy of this state to encourage school
8 districts, community colleges, and state universities to
9 reinvest any energy savings resulting from energy conservation
10 measures into additional energy conservation efforts.
11 (2) DEFINITIONS.--For purposes of this section, the
12 term:
13 (a) "Energy conservation measure" means a training
14 program, facility alteration, or equipment to be used in new
15 construction, including an addition to an existing facility,
16 that reduces energy costs, and includes, but is not limited
17 to:
18 1. Insulation of the facility structure and systems
19 within the facility.
20 2. Storm windows and doors, caulking or
21 weatherstripping, multiglazed windows and doors,
22 heat-absorbing, or heat-reflective, glazed and coated window
23 and door systems, additional glazing, reductions in glass
24 area, and other window and door system modifications that
25 reduce energy consumption.
26 3. Automatic energy control systems.
27 4. Heating, ventilating, or air-conditioning system
28 modifications or replacements.
29 5. Replacement or modifications of lighting fixtures
30 to increase the energy efficiency of the lighting system
31 which, at a minimum, shall conform to the Florida Building
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Code.
2 6. Energy recovery systems.
3 7. Cogeneration systems that produce steam or forms of
4 energy such as heat, as well as electricity, for use primarily
5 within a facility or complex of facilities.
6 8. Energy conservation measures that provide long-term
7 operating cost reductions and significantly reduce Btu
8 consumed.
9 9. Renewable energy systems, such as solar, biomass,
10 and wind.
11 10. Devices which reduce water consumption or sewer
12 charges.
13 (b) "Energy cost savings" means:
14 1. A measured reduction in fuel, energy, or operation
15 and maintenance costs created from the implementation of one
16 or more energy conservation measures when compared with an
17 established baseline for previous fuel, energy, or operation
18 and maintenance costs; or
19 2. For new construction, a projected reduction in
20 fuel, energy, or operation and maintenance costs created from
21 the implementation of one or more energy conservation measures
22 when compared with the projected fuel, energy, or operation
23 and maintenance costs for equipment if the minimum standards
24 of the Florida Building Code for educational facilities
25 construction were implemented and signed and sealed by a
26 registered professional engineer.
27 (c) "Energy performance-based contract" means a
28 contract for the evaluation, recommendation, and
29 implementation of energy conservation measures which includes,
30 at a minimum:
31 1. The design and installation of equipment to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 implement one or more of such measures, and, if applicable,
2 operation and maintenance of such measures.
3 2. The amount of any actual annual savings. This
4 amount must meet or exceed total annual contract payments made
5 by the district school board, community college board of
6 trustees, or state university board of trustees for such
7 contract.
8 3. Financing charges to be incurred by the district
9 school board, community college board of trustees, or state
10 university board of trustees over the life of the contract.
11 (d) "Energy performance contractor" means a person or
12 business licensed pursuant to chapter 471, chapter 481, or
13 chapter 489 and experienced in the analysis, design,
14 implementation, and installation of energy conservation
15 measures through the implementation of energy
16 performance-based contracts.
17 (3) ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.--
18 (a) A district school board, community college board
19 of trustees, or state university board of trustees may enter
20 into an energy performance-based contract with an energy
21 performance contractor to significantly reduce energy or
22 operating costs of an educational facility through one or more
23 energy conservation measures.
24 (b) The energy performance contractor shall be
25 selected in compliance with s. 287.055; except that in a case
26 where a district school board, community college board of
27 trustees, or state university board of trustees determines
28 that fewer than three firms are qualified to perform the
29 required services, the requirement for agency selection of
30 three firms, as provided in s. 287.055(4)(b), shall not apply
31 and the bid requirements of s. 287.057 shall not apply.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) Before entering into a contract pursuant to this
2 section, the district school board, community college board of
3 trustees, or state university board of trustees shall provide
4 published notice of the meeting in which it proposes to award
5 the contract, the names of the parties to the proposed
6 contract, and the contract's purpose.
7 (d) Prior to the design and installation of the energy
8 conservation measure, the district school board, community
9 college board of trustees, or state university board of
10 trustees must obtain from the energy performance contractor a
11 report that discloses all costs associated with the energy
12 conservation measure and provides an estimate of the amount of
13 the energy cost savings. The report must be reviewed by either
14 the Department of Education or the Department of Management
15 Services or signed and sealed by a registered professional
16 engineer.
17 (e) A district school board, community college board
18 of trustees, or state university board of trustees may enter
19 into an energy performance-based contract with an energy
20 performance contractor if, after review of the report required
21 by paragraph (d), it finds that the amount it would spend on
22 the energy conservation measures recommended in the report
23 will not exceed the amount to be saved in energy and operation
24 costs over 20 years from the date of installation, based on
25 life-cycle costing calculations, if the recommendations in the
26 report were followed and if the energy performance contractor
27 provides a written guarantee that the energy or operating cost
28 savings will meet or exceed the costs of the system. The
29 contract may provide for payments over a period of time not to
30 exceed 20 years.
31 (f) A district school board, community college board
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of trustees, or state university board of trustees may enter
2 into an installment payment contract for the purchase and
3 installation of energy conservation measures. The contract
4 shall provide for payments of not less than one-twentieth of
5 the price to be paid within 2 years from the date of the
6 complete installation and acceptance by the district school
7 board, community college board of trustees, or state
8 university board of trustees, and the remaining costs to be
9 paid at least quarterly, not to exceed a 20-year term based on
10 life-cycle costing calculations.
11 (g) Energy performance-based contracts may extend
12 beyond the fiscal year in which they become effective;
13 however, the term of any contract shall expire at the end of
14 each fiscal year and may be automatically renewed annually up
15 to 20 years, subject to a district school board, community
16 college board of trustees, or state university board of
17 trustees making sufficient annual appropriations based upon
18 continued realized energy cost savings. Such contracts shall
19 stipulate that the agreement does not constitute a debt,
20 liability, or obligation of the state or a district school
21 board, community college board of trustees, or state
22 university board of trustees, or a pledge of the faith and
23 credit of the state or a district school board, community
24 college board of trustees, or state university board of
25 trustees.
26 (4) CONTRACT PROVISIONS.--
27 (a) An energy performance-based contract shall include
28 a guarantee by the energy performance contractor that annual
29 energy cost savings will meet or exceed the amortized cost of
30 energy conservation measures.
31 (b) The contract shall provide that all payments,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 except obligations on termination of the contract before its
2 expiration, are to be made over time, but not to exceed 20
3 years from the date of complete installation and acceptance by
4 the district school board, community college board of
5 trustees, or state university board of trustees, and that the
6 annual savings are guaranteed to the extent necessary to make
7 annual payments to satisfy the contract.
8 (c) The contract must require that the energy
9 performance contractor to whom the contract is awarded provide
10 a 100-percent public construction bond to the district school
11 board, community college board of trustees, or state
12 university board of trustees for its faithful performance, as
13 required by s. 255.05.
14 (d) The contract shall require the energy performance
15 contractor to provide to the district school board, community
16 college board of trustees, or state university board of
17 trustees an annual reconciliation of the guaranteed energy
18 cost savings. The energy performance contractor shall be
19 liable for any annual savings shortfall which may occur. In
20 the event that such reconciliation reveals an excess in annual
21 energy cost savings, such excess savings shall not be used to
22 cover potential energy cost savings shortages in subsequent
23 contract years.
24 Section 819. Section 1013.24, Florida Statutes, is
25 created to read:
26 1013.24 Right of eminent domain.--There is conferred
27 upon the district school boards in the state the authority and
28 right to take private property for any public school purpose
29 or use when, in the opinion of the school board, such property
30 is needed in the operation of any or all of the public schools
31 within the district, including property needed for any school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purpose or use in any school district or districts within the
2 county. The absolute fee simple title to all property so
3 taken and acquired shall vest in the district school board,
4 unless the school board seeks to appropriate a particular
5 right or estate in such property.
6 Section 820. Section 1013.25, Florida Statutes, is
7 created to read:
8 1013.25 When university or community college board of
9 trustees may exercise power of eminent domain.--Whenever it
10 becomes necessary for the welfare and convenience of any of
11 its institutions or divisions to acquire private property for
12 the use of such institutions, and this cannot be acquired by
13 agreement satisfactory to a university or community college
14 board of trustees and the parties interested in, or the owners
15 of, the private property, the board of trustees may exercise
16 the power of eminent domain after receiving approval therefor
17 from the State Board of Education and may then proceed to
18 condemn the property in the manner provided by chapter 73 or
19 chapter 74.
20 Section 821. Section 1013.26, Florida Statutes, is
21 created to read:
22 1013.26 Department of Legal Affairs to represent
23 university board in condemnation proceedings.--Any suits or
24 actions brought by a university board of trustees to condemn
25 property, as provided in s. 1013.25, shall be brought in the
26 name of the university board of trustees, and the Department
27 of Legal Affairs shall conduct the proceedings for, and act as
28 the counsel of, the university board of trustees.
29 Section 822. Section 1013.27, Florida Statutes, is
30 created to read:
31 1013.27 Purchase of land by municipality.--Any
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 municipality wherein a community college as defined by s.
2 1004.65 is situated may purchase land with municipal funds and
3 to donate and convey the land or any other land to the
4 community college board of trustees.
5 Section 823. Section 1013.28, Florida Statutes, is
6 created to read:
7 1013.28 Disposal of property.--
8 (1) REAL PROPERTY.--Subject to rules of the State
9 Board of Education, a board may dispose of any land or real
10 property that is, by resolution of the board, determined to be
11 unnecessary for educational purposes as recommended in an
12 educational plant survey. A board shall take diligent measures
13 to dispose of educational property only in the best interests
14 of the public. However, appraisals may be obtained by the
15 board prior to or simultaneously with the receipt of bids.
16 (2) TANGIBLE PERSONAL PROPERTY.--Tangible personal
17 property which has been properly classified as surplus by a
18 district school board or community college board of trustees
19 shall be disposed of in accordance with the procedure
20 established by chapter 274 and by a university board of
21 trustees by chapter 273. However, the provisions of chapter
22 274 shall not be applicable to a motor vehicle used in driver
23 education to which title is obtained for a token amount from
24 an automobile dealer or manufacturer. In such cases, the
25 disposal of the vehicle shall be as prescribed in the
26 contractual agreement between the automotive agency or
27 manufacturer and the board.
28 Section 824. Part III of chapter 1013, Florida
29 Statutes, shall be entitled "Planning and Construction of
30 Educational Facilities" and shall consist of ss.
31 1013.30-1013.54.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 825. Part III.a. of chapter 1013, Florida
2 Statutes, shall be entitled "Campus Master Plans and
3 Educational Plant Surveys" and shall consist of ss.
4 1013.30-1013.365.
5 Section 826. Section 1013.30, Florida Statutes, is
6 created to read:
7 1013.30 University campus master plans and campus
8 development agreements.--
9 (1) This section contains provisions for campus
10 planning and concurrency management that supersede the
11 requirements of part II of chapter 163, except when stated
12 otherwise in this section. These special growth management
13 provisions are adopted in recognition of the unique
14 relationship between university campuses and the local
15 governments in which they are located. While the campuses
16 provide research and educational benefits of statewide and
17 national importance, and further provide substantial
18 educational, economic, and cultural benefits to their host
19 local governments, they may also have an adverse impact on the
20 public facilities and services and natural resources of host
21 governments. On balance, however, universities should be
22 considered as vital public facilities of the state and local
23 governments. The intent of this section is to address this
24 unique relationship by providing for the preparation of campus
25 master plans and associated campus development agreements.
26 (2) As used in this section:
27 (a) "Affected local government" means a unit of local
28 government that provides public services to or is responsible
29 for maintaining facilities within a campus of an institution
30 or is directly affected by development that is proposed for a
31 campus.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) "Affected person" means a host local government;
2 an affected local government; any state, regional, or federal
3 agency; or a person who resides, owns property, or owns or
4 operates a business within the boundaries of a host local
5 government or affected local government.
6 (c) "Host local government" means a local government
7 within the jurisdiction of which all or part of a campus of an
8 institution is located, but does not include a county if no
9 part of an institution is located within its unincorporated
10 area.
11 (d) "Institution" means a university.
12 (3) Each university board of trustees shall prepare
13 and adopt a campus master plan for the university. The master
14 plan must identify general land uses and address the need for
15 and plans for provision of roads, parking, public
16 transportation, solid waste, drainage, sewer, potable water,
17 and recreation and open space during the coming 10 to 20
18 years. The plans must contain elements relating to future land
19 use, intergovernmental coordination, capital improvements,
20 recreation and open space, general infrastructure, housing,
21 and conservation. Each element must address compatibility with
22 the surrounding community. The master plan must identify
23 specific land uses, location of structures, densities and
24 intensities of use, and contain standards for onsite
25 development, site design, environmental management, and the
26 preservation of historic and archaeological resources. The
27 transportation element must address reasonable transportation
28 demand management techniques to minimize offsite impacts where
29 possible. Data and analyses on which the elements are based
30 must include, at a minimum: the characteristics of vacant
31 lands; projected impacts of development on onsite and offsite
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 infrastructure, public services, and natural resources;
2 student enrollment projections; student housing needs; and the
3 need for academic and support facilities. Master plans must be
4 updated at least every 5 years.
5 (4) Campus master plans may contain additional
6 elements at the discretion of the State Board of Education;
7 however, such elements are not subject to review under this
8 section. These additional elements may include the academic
9 mission of the institution, academic program, utilities,
10 public safety, architectural design, landscape architectural
11 design, and facilities maintenance.
12 (5) Subject to the right of the university board of
13 trustees to initiate the dispute resolution provisions of
14 subsection (8), a campus master plan must not be in conflict
15 with the comprehensive plan of the host local government and
16 the comprehensive plan of any affected local governments. A
17 campus master plan must be consistent with the state
18 comprehensive plan.
19 (6) Before a campus master plan is adopted, a copy of
20 the draft master plan must be sent for review to the host and
21 any affected local governments, the state land planning
22 agency, the Department of Environmental Protection, the
23 Department of Transportation, the Department of State, the
24 Fish and Wildlife Conservation Commission, and the applicable
25 water management district and regional planning council. These
26 agencies must be given 90 days after receipt of the campus
27 master plans in which to conduct their review and provide
28 comments to the university board of trustees. The commencement
29 of this review period must be advertised in newspapers of
30 general circulation within the host local government and any
31 affected local government to allow for public comment.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Following receipt and consideration of all comments, and the
2 holding of at least two public hearings within the host
3 jurisdiction, the university board of trustees shall adopt the
4 campus master plan. It is the intent of the Legislature that
5 the university board of trustees comply with the notice
6 requirements set forth in s. 163.3184(15) to ensure full
7 public participation in this planning process. Campus master
8 plans developed under this section are not rules and are not
9 subject to chapter 120 except as otherwise provided in this
10 section.
11 (7) Notice that the campus master plan has been
12 adopted must be forwarded within 45 days after its adoption to
13 any affected person that submitted comments on the draft
14 campus master plan. The notice must state how and where a copy
15 of the master plan may be obtained or inspected. Within 30
16 days after receipt of the notice of adoption of the campus
17 master plan, or 30 days after the date the adopted plan is
18 available for review, whichever is later, an affected person
19 who submitted comments on the draft master plan may petition
20 the university board of trustees, challenging the campus
21 master plan as not being in compliance with this section or
22 any rule adopted under this section. The petition must state
23 each objection, identify its source, and provide a recommended
24 action. A petition filed by an affected local government may
25 raise only those issues directly pertaining to the public
26 facilities or services that the affected local government
27 provides to or maintains within the campus or to the direct
28 impact that campus development would have on the affected
29 local government.
30 (8) Following receipt of a petition, the petitioning
31 party or parties and the university board of trustees shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 mediate the issues in dispute as follows:
2 (a) The parties have 60 days to resolve the issues in
3 dispute. Other affected parties that submitted comments on the
4 draft campus master plan must be given the opportunity to
5 participate in these and subsequent proceedings.
6 (b) If resolution of the matter cannot be achieved
7 within 60 days, the issues must be submitted to the state land
8 planning agency. The state land planning agency has 60 days to
9 hold informal hearings, if necessary, identify the issues
10 remaining in dispute, prepare a record of the proceedings, and
11 submit the matter to the Administration Commission for final
12 action. The report to the Administration Commission must list
13 each issue in dispute, describe the nature and basis for each
14 dispute, identify alternative resolutions of the dispute, and
15 make recommendations.
16 (c) After receiving the report from the state land
17 planning agency, the Administration Commission shall take
18 action to resolve the issues in dispute. In deciding upon a
19 proper resolution, the Administration Commission shall
20 consider the nature of the issues in dispute, the compliance
21 of the parties with this section, the extent of the conflict
22 between the parties, the comparative hardships, and the public
23 interest involved. If the Administration Commission
24 incorporates in its final order a term or condition that
25 specifically requires the university board of trustees or a
26 local government to amend or modify its plan, the university
27 board of trustees shall have a reasonable period of time to
28 amend or modify its plan, and a local government shall
29 initiate the required plan amendment, which shall be exempt
30 from the requirements of s. 163.3187(1). Any required
31 amendment to a local government comprehensive plan must be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 limited in scope so as to only relate to specific impacts
2 attributable to the campus development. The final order of the
3 Administration Commission is subject to judicial review as
4 provided in s. 120.68.
5 (9) An amendment to a campus master plan must be
6 reviewed and adopted under subsections (6)-(8) if such
7 amendment, alone or in conjunction with other amendments,
8 would:
9 (a) Increase density or intensity of use of land on
10 the campus by more than 10 percent;
11 (b) Decrease the amount of natural areas, open space,
12 or buffers on the campus by more than 10 percent; or
13 (c) Rearrange land uses in a manner that will increase
14 the impact of any proposed campus development by more than 10
15 percent on a road or on another public facility or service
16 provided or maintained by the state, the county, the host
17 local government, or any affected local government.
18 (10) Upon adoption of a campus master plan, the
19 university board of trustees shall draft a proposed campus
20 development agreement for each local government and send it to
21 the local government within 270 days after the adoption of the
22 relevant campus master plan.
23 (11) At a minimum, each campus development agreement:
24 (a) Must identify the geographic area of the campus
25 and local government covered by the campus development
26 agreement.
27 (b) Must establish its duration, which must be at
28 least 5 years and not more than 10 years.
29 (c) Must address public facilities and services
30 including roads, sanitary sewer, solid waste, drainage,
31 potable water, parks and recreation, and public
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 transportation.
2 (d) Must, for each of the facilities and services
3 listed in paragraph (c), identify the level-of-service
4 standard established by the applicable local government,
5 identify the entity that will provide the service to the
6 campus, and describe any financial arrangements between the
7 State Board of Education and other entities relating to the
8 provision of the facility or service.
9 (e) Must, for each of the facilities and services
10 listed in paragraph (c), determine the impact of existing and
11 proposed campus development reasonably expected over the term
12 of the campus development agreement on each service or
13 facility and any deficiencies in such service or facility
14 which the proposed campus development will create or to which
15 it will contribute.
16 (f) May, if proposed by the university board of
17 trustees, address the issues prescribed in paragraphs (d) and
18 (e) with regard to additional facilities and services,
19 including, but not limited to, electricity, nonpotable water,
20 law enforcement, fire and emergency rescue, gas, and
21 telephone.
22 (g) Must, to the extent it addresses issues addressed
23 in the campus master plan and host local government
24 comprehensive plan, be consistent with the adopted campus
25 master plan and host local government comprehensive plan.
26 (12)(a) Each proposed campus development agreement
27 must clearly identify the lands to which the university board
28 of trustees intends the campus development agreement to apply.
29 (b) Such land may include:
30 1. Land to be purchased by the university board of
31 trustees and if purchased with state appropriated funds titled
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in the name of the board of trustees of the Internal
2 Improvement Trust Fund for use by an institution over the life
3 of the campus development agreement.
4 2. Land not owned by the board of trustees of the
5 Internal Improvement Trust Fund if the university board of
6 trustees intends to undertake development activities on the
7 land during the term of the campus development agreement.
8 (c) Land owned by the Board of Trustees of the
9 Internal Improvement Trust Fund for lease to the State Board
10 of Education acting on behalf of the institution may be
11 excluded, but any development activity undertaken on excluded
12 land is subject to part II of chapter 163.
13 (13) With regard to the impact of campus development
14 on the facilities and services listed in paragraph (11)(c),
15 the following applies:
16 (a) All improvements to facilities or services which
17 are necessary to eliminate the deficiencies identified in
18 paragraph (11)(e) must be specifically listed in the campus
19 development agreement.
20 (b) The university board of trustees' fair share of
21 the cost of the measures identified in paragraph (a) must be
22 stated in the campus development agreement. In determining the
23 fair share, the effect of any demand management techniques,
24 which may include such techniques as flexible work hours and
25 carpooling, that are used by the State Board of Education to
26 minimize the offsite impacts shall be considered.
27 (c) The university board of trustees is responsible
28 for paying the fair share identified in paragraph (b), and it
29 may do so by:
30 1. Paying a fair share of each of the improvements
31 identified in paragraph (a); or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. Taking on full responsibility for the improvements,
2 selected from the list of improvements identified in paragraph
3 (a), and agreed to between the host local government and the
4 State Board of Education, the total cost of which equals the
5 contribution identified in paragraph (b).
6 (d) All concurrency management responsibilities of the
7 university board of trustees are fulfilled if the university
8 board of trustees expends the total amount of funds identified
9 in paragraph (b) notwithstanding that the university board of
10 trustees may not have undertaken or made contributions to some
11 of the measures identified in paragraph (a).
12 (e) Capital projects included in the campus
13 development agreement may be used by the local government for
14 the concurrency management purposes.
15 (f) Funds provided by universities in accordance with
16 campus development agreements are subject to appropriation by
17 the Legislature. A development authorized by a campus
18 development agreement may not be built until the funds to be
19 provided pursuant to paragraph (b) are appropriated by the
20 Legislature.
21 (14) A campus development agreement may not address or
22 include any standards or requirements for onsite development,
23 including environmental management requirements or
24 requirements for site preparation.
25 (15) Once the university board of trustees and host
26 local government agree on the provisions of the campus
27 development agreement, the campus development agreement shall
28 be executed by the university board of trustees and the host
29 local government in a manner consistent with the requirements
30 of s. 163.3225. Once the campus development agreement is
31 executed, it is binding upon the university board of trustees
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and host local government. A copy of the executed campus
2 development agreement must be sent to the state land planning
3 agency within 14 days after the date of execution.
4 (16) If, within 180 days following the host local
5 government's receipt of the proposed campus development
6 agreement, the university board of trustees and host local
7 government cannot reach agreement on the provisions of the
8 campus development agreement, the following procedures for
9 resolving the matter must be followed:
10 (a) The matter must be submitted to the state land
11 planning agency, which has 60 days to hold informal hearings,
12 if necessary, and identify the issues remaining in dispute,
13 prepare a record of the proceedings, and submit the matter to
14 the Administration Commission for final action. The report to
15 the Administration Commission must list each issue in dispute,
16 describe the nature and basis for each dispute, identify
17 alternative resolutions of each dispute, and make
18 recommendations.
19 (b) After receiving the report from the state land
20 planning agency, the Administration Commission shall take
21 action to resolve the issues in dispute. In deciding upon a
22 proper resolution, the Administration Commission shall
23 consider the nature of the issues in dispute, the compliance
24 of the parties with this section, the extent of the conflict
25 between the parties, the comparative hardships, and the public
26 interest involved. In resolving the matter, the Administration
27 Commission may prescribe, by order, the contents of the campus
28 development agreement.
29 (17) Disputes that arise in the implementation of an
30 executed campus development agreement must be resolved as
31 follows:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) Each party shall select one mediator and notify
2 the other in writing of the selection. Thereafter, within 15
3 days after their selection, the two mediators selected by the
4 parties shall select a neutral, third mediator to complete the
5 mediation panel.
6 (b) Each party is responsible for all costs and fees
7 payable to the mediator selected by it and shall equally bear
8 responsibility for the costs and fees payable to the third
9 mediator for services rendered and costs expended in
10 connection with resolving disputes pursuant to the campus
11 development agreement.
12 (c) Within 10 days after the selection of the
13 mediation panel, proceedings must be convened by the panel to
14 resolve the issues in dispute.
15 (d) Within 60 days after the convening of the panel,
16 the panel shall issue a report containing a recommended
17 resolution of the issues in dispute.
18 (e) If either the university board of trustees or
19 local government rejects the recommended resolution of the
20 issues in dispute, the disputed issues must be resolved
21 pursuant to the procedures provided by subsection (16).
22 (18) Once the campus development agreement is
23 executed, all campus development may proceed without further
24 review by the host local government if it is consistent with
25 the adopted campus master plan and associated campus
26 development agreement.
27 (19) A campus development agreement may be amended
28 under subsections (10)-(16):
29 (a) In conjunction with any amendment to the campus
30 master plan subject to the requirements in subsection (9).
31 (b) If either party delays by more than 12 months the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 construction of a capital improvement identified in the
2 agreement.
3 (20) Any party to a campus development agreement or
4 aggrieved or adversely affected person, as defined in s.
5 163.3215(2), may file an action for injunctive relief in the
6 circuit court where the host local government is located to
7 enforce the terms of a campus development agreement or to
8 challenge compliance of the agreement with this section. This
9 action shall be the sole and exclusive remedy of an adversely
10 affected person other than a party to the agreement to enforce
11 any rights or obligations arising from a development
12 agreement.
13 (21) State and regional environmental program
14 requirements remain applicable, except that this section
15 supersedes all other sections of part II of chapter 163 and s.
16 380.06 except as provided in this section.
17 (22) In consultation with the state land planning
18 agency, the State Board of Education shall adopt rules
19 implementing subsections (3)-(6). The rules must set specific
20 schedules and procedures for the development and adoption of
21 campus master plans.
22 (23) Until the campus master plan and campus
23 development agreement for an institution have been finalized,
24 any dispute between the university board of trustees and a
25 local government relating to campus development for that
26 institution shall be resolved by the process established in
27 subsection (8).
28 Section 827. Section 1013.31, Florida Statutes, is
29 created to read:
30 1013.31 Educational plant survey; localized need
31 assessment; PECO project funding.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) At least every 5 years, each board shall arrange
2 for an educational plant survey, to aid in formulating plans
3 for housing the educational program and student population,
4 faculty, administrators, staff, and auxiliary and ancillary
5 services of the district or campus, including consideration of
6 the local comprehensive plan. The Office of Workforce and
7 Economic Development shall document the need for additional
8 career and adult education programs and the continuation of
9 existing programs before facility construction or renovation
10 related to career or adult education may be included in the
11 educational plant survey of a school district or community
12 college that delivers career or adult education programs.
13 Information used by the Office of Workforce and Economic
14 Development to establish facility needs must include, but need
15 not be limited to, labor market data, needs analysis, and
16 information submitted by the school district or community
17 college.
18 (a) Survey preparation and required data.--Each survey
19 shall be conducted by the board or an agency employed by the
20 board. Surveys shall be reviewed and approved by the board,
21 and a file copy shall be submitted to the commissioner. The
22 survey report shall include at least an inventory of existing
23 educational and ancillary plants; recommendations for existing
24 educational and ancillary plants; recommendations for new
25 educational or ancillary plants, including the general
26 location of each in coordination with the land use plan;
27 campus master plan update and detail for community colleges;
28 the utilization of school plants based on an extended school
29 day or year-round operation; and such other information as may
30 be required by the rules of the State Board of Education. This
31 report may be amended, if conditions warrant, at the request
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the board or commissioner.
2 (b) Required need assessment criteria for district,
3 community college, and state university plant surveys.--Each
4 educational plant survey completed must use uniform data
5 sources and criteria specified in this paragraph. Each revised
6 educational plant survey and each new educational plant survey
7 supersedes previous surveys.
8 1. Each school district's educational plant survey
9 must reflect the capacity of existing satisfactory facilities
10 as reported in the Florida Inventory of School Houses.
11 Projections of facility space needs may not exceed the norm
12 space and occupant design criteria established by the State
13 Requirements for Educational Facilities. Existing and
14 projected capital outlay full-time equivalent student
15 enrollment must be consistent with data prepared by the
16 department and must include all enrollment used in the
17 calculation of the distribution formula in s. 1013.64(3). To
18 insure that the data reported to the Department of Education
19 as required by this section is correct, the department shall
20 annually conduct an onsite review of 5 percent of the
21 facilities reported for each school district completing a new
22 survey that year. If the department's review finds the data
23 reported by a district is less than 95 percent accurate,
24 within one year from the time of notification by the
25 department the district must submit revised reports correcting
26 its data. If a district fails to correct its reports, the
27 commissioner may direct that future fixed capital outlay funds
28 be withheld until such time as the district has corrected its
29 reports so that they are not less than 95 percent accurate.
30 All satisfactory relocatable classrooms, including those
31 owned, lease-purchased, or leased by the school district,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be included in the school district inventory of gross
2 capacity of facilities and must be counted at actual student
3 capacity for purposes of the inventory. For future needs
4 determination, student capacity shall not be assigned to any
5 relocatable classroom that is scheduled for elimination or
6 replacement with a permanent educational facility in the
7 adopted 5-year educational plant survey and in the district
8 facilities work program adopted under s. 1013.35. Those
9 relocatables clearly identified and scheduled for replacement
10 in a school board adopted financially feasible 5-year district
11 facilities work program shall be counted at zero capacity at
12 the time the work program is adopted and approved by the
13 school board. However, if the district facilities work program
14 is changed or altered and the relocatables are not replaced as
15 scheduled in the work program, they must then be reentered
16 into the system for counting at actual capacity. Relocatables
17 may not be perpetually added to the work program and
18 continually extended for purposes of circumventing the intent
19 of this section. All remaining relocatable classrooms,
20 including those owned, lease-purchased, or leased by the
21 school district, shall be counted at actual student capacity.
22 The educational plant survey shall identify the number of
23 relocatable student stations scheduled for replacement during
24 the 5-year survey period and the total dollar amount needed
25 for that replacement. All district educational plant surveys
26 shall include information on leased space used for conducting
27 the district's instructional program, in accordance with the
28 recommendations of the department's report authorized in s.
29 1013.15. A definition of satisfactory relocatable classrooms
30 shall be established by rule of the State Board of Education.
31 2. Each survey of a special facility, joint-use
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 facility, or cooperative career and technical education
2 facility must be based on capital outlay full-time equivalent
3 student enrollment data prepared by the department for school
4 districts, community colleges, and universities. A survey of
5 space needs of a joint-use facility shall be based upon the
6 respective space needs of the school districts, community
7 colleges, and universities, as appropriate. Projections of a
8 school district's facility space needs may not exceed the norm
9 space and occupant design criteria established by the State
10 Requirements for Educational Facilities.
11 3. Each community college's survey must reflect the
12 capacity of existing facilities as specified in the inventory
13 maintained by the Department of Education. Projections of
14 facility space needs must comply with standards for
15 determining space needs as specified by rule of the State
16 Board of Education. The 5-year projection of capital outlay
17 student enrollment must be consistent with the annual report
18 of capital outlay full-time student enrollment prepared by the
19 Department of Education.
20 4. Each state university's survey must reflect the
21 capacity of existing facilities as specified in the inventory
22 maintained and validated by the Department of Education.
23 Projections of facility space needs must be consistent with
24 standards for determining space needs approved by the
25 Department of Education. The projected capital outlay
26 full-time equivalent student enrollment must be consistent
27 with the 5-year planned enrollment cycle for the State
28 University System approved by the Department of Education.
29 5. The educational plant survey of a school district,
30 community college, or state university may include space needs
31 that deviate from approved standards for determining space
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 needs if the deviation is justified by the district or
2 institution and approved by the department as necessary for
3 the delivery of an approved educational program.
4 (c) Review and validation.--The department shall
5 review and validate the surveys of school districts, community
6 colleges, and universities, and any amendments thereto for
7 compliance with the requirements of this chapter and, when
8 required by the State Constitution, shall recommend those in
9 compliance for approval by the State Board of Education.
10 Annually, the department shall perform an in-depth analysis of
11 a representative sample of each survey of recommended needs
12 for five districts selected by the commissioner from among
13 districts with the largest need-to-revenue ratio. For the
14 purpose of this subsection, the need-to-revenue ratio is
15 determined by dividing the total 5-year cost of projects
16 listed on the district survey by the total 5-year fixed
17 capital outlay revenue projections from state and local
18 sources as determined by the department. The commissioner may
19 direct fixed capital outlay funds to be withheld from
20 districts until such time as the survey accurately projects
21 facilities needs.
22 (2) Only the district school superintendent, community
23 college president, or university president shall certify to
24 the department a project's compliance with the requirements
25 for expenditure of PECO funds prior to release of funds.
26 (a) Upon request for release of PECO funds for
27 planning purposes, certification must be made to the
28 department that the need and location of the facility are in
29 compliance with the board-approved survey recommendations and
30 that the project meets the definition of a PECO project and
31 the limiting criteria for expenditures of PECO funding.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Upon request for release of construction funds,
2 certification must be made to the department that the need and
3 location of the facility are in compliance with the
4 board-approved survey recommendations, that the project meets
5 the definition of a PECO project and the limiting criteria for
6 expenditures of PECO funding, and that the construction
7 documents meet the requirements of the Florida Building Code
8 for educational facilities construction or other applicable
9 codes as authorized in this chapter.
10 Section 828. Section 1013.32, Florida Statutes, is
11 created to read:
12 1013.32 Exception to recommendations in educational
13 plant survey.--An exception to the recommendations in the
14 educational plant survey may be allowed if a board considers
15 that it will be advantageous to the welfare of the educational
16 system or that it will make possible a substantial saving of
17 funds. A board, upon determining that an exception is
18 warranted, must present a full statement, in writing, setting
19 forth all the facts to the Commissioner of Education.
20 Section 829. Section 1013.33, Florida Statutes, is
21 created to read:
22 1013.33 Coordination of planning with local governing
23 bodies.--
24 (1) It is the policy of this state to require the
25 coordination of planning between boards and local governing
26 bodies to ensure that plans for the construction and opening
27 of public educational facilities are facilitated and
28 coordinated in time and place with plans for residential
29 development, concurrently with other necessary services. Such
30 planning shall include the integration of the educational
31 plant survey and applicable policies and procedures of a board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 with the local comprehensive plan and land development
2 regulations of local governing bodies. The planning must
3 include the consideration of allowing students to attend the
4 school located nearest their homes when a new housing
5 development is constructed near a county boundary and it is
6 more feasible to transport the students a short distance to an
7 existing facility in an adjacent county than to construct a
8 new facility or transport students longer distances in their
9 county of residence. The planning must also consider the
10 effects of the location of public education facilities,
11 including the feasibility of keeping central city facilities
12 viable, in order to encourage central city redevelopment and
13 the efficient use of infrastructure and to discourage
14 uncontrolled urban sprawl.
15 (2) A board and the local governing body must share
16 and coordinate information related to existing and planned
17 school facilities; proposals for development, redevelopment,
18 or additional development; and infrastructure required to
19 support the school facilities, concurrent with proposed
20 development. A school board shall use Department of Education
21 enrollment projections when preparing the 5-year district
22 facilities work program pursuant to s. 1013.35, and a school
23 board shall affirmatively demonstrate in the educational
24 facilities report consideration of local governments'
25 population projections to ensure that the 5-year work program
26 not only reflects enrollment projections but also considers
27 applicable municipal and county growth and development
28 projections. A school board is precluded from siting a new
29 school in a jurisdiction where the school board has failed to
30 provide the annual educational facilities report for the prior
31 year required pursuant to s. 1013.34 unless the failure is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 corrected.
2 (3) The location of educational facilities shall be
3 consistent with the comprehensive plan of the appropriate
4 local governing body developed under part II of chapter 163
5 and the plan's implementing land development regulations, to
6 the extent that the regulations are not in conflict with or
7 the subject regulated is not specifically addressed by this
8 chapter or the state requirements for educational facilities,
9 unless mutually agreed by the local government and the board.
10 (4) To improve coordination relative to potential
11 educational facility sites, a board shall provide written
12 notice to the local government that has regulatory authority
13 over the use of the land at least 60 days prior to acquiring
14 or leasing property that may be used for a new public
15 educational facility. The local government, upon receipt of
16 this notice, shall notify the board within 45 days if the site
17 proposed for acquisition or lease is consistent with the land
18 use categories and policies of the local government's
19 comprehensive plan. This preliminary notice does not
20 constitute the local government's determination of consistency
21 pursuant to subsection (5).
22 (5) As early in the design phase as feasible, but at
23 least before commencing construction of a new public
24 educational facility, the local governing body that regulates
25 the use of land shall determine, in writing within 90 days
26 after receiving the necessary information and a school board's
27 request for a determination, whether a proposed educational
28 facility is consistent with the local comprehensive plan and
29 local land development regulations, to the extent that the
30 regulations are not in conflict with or the subject regulated
31 is not specifically addressed by this chapter or the Florida
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Building Code for educational facilities and construction,
2 unless mutually agreed. If the determination is affirmative,
3 school construction may proceed and further local government
4 approvals are not required, except as provided in this
5 section. Failure of the local governing body to make a
6 determination in writing within 90 days after a district
7 school board's request for a determination of consistency
8 shall be considered an approval of the district school board's
9 application. Campus master plans and development agreements
10 must comply with the provisions of ss. 1013.30 and 1013.63.
11 (6) A local governing body may not deny the site
12 applicant based on adequacy of the site plan as it relates
13 solely to the needs of the school. If the site is consistent
14 with the comprehensive plan's future land use policies and
15 categories in which public schools are identified as allowable
16 uses, the local government may not deny the application but it
17 may impose reasonable development standards and conditions in
18 accordance with s. 1013.51(1) and consider the site plan and
19 its adequacy as it relates to environmental concerns, health,
20 safety and welfare, and effects on adjacent property.
21 Standards and conditions may not be imposed which conflict
22 with those established in this chapter or the State Uniform
23 Building Code, unless mutually agreed.
24 (7) This section does not prohibit a local governing
25 body and district school board from agreeing and establishing
26 an alternative process for reviewing a proposed educational
27 facility and site plan, and offsite impacts.
28 (8) Existing schools shall be considered consistent
29 with the applicable local government comprehensive plan
30 adopted under part II of chapter 163. The collocation of a new
31 proposed public educational facility with an existing public
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 educational facility, or the expansion of an existing public
2 educational facility is not inconsistent with the local
3 comprehensive plan, if the site is consistent with the
4 comprehensive plan's future land use policies and categories
5 in which public schools are identified as allowable uses, and
6 levels of service adopted by the local government for any
7 facilities affected by the proposed location for the new
8 facility are maintained. If a board submits an application to
9 expand an existing school site, the local governing body may
10 impose reasonable development standards and conditions on the
11 expansion only, and in a manner consistent with s. 1013.51(1).
12 Standards and conditions may not be imposed which conflict
13 with those established in this chapter or the State Uniform
14 Building Code, unless mutually agreed. Local government review
15 or approval is not required for:
16 (a) The placement of temporary or portable classroom
17 facilities; or
18 (b) Proposed renovation or construction on existing
19 school sites, with the exception of construction that changes
20 the primary use of a facility, includes stadiums, or results
21 in a greater than 5 percent increase in student capacity, or
22 as mutually agreed.
23 Section 830. Section 1013.34, Florida Statutes, is
24 created to read:
25 1013.34 General educational facilities report.--
26 (1) It is the policy of the state to foster
27 coordination between district school boards and the local
28 general-purpose governments as those local general-purpose
29 governments develop and implement plans under the Local
30 Government Comprehensive Planning and Land Development
31 Regulation Act, part II of chapter 163.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) Each district school board shall submit annually
2 on October 1 to each local government within the school
3 board's jurisdiction a general educational facilities report.
4 The general educational facilities report must contain
5 information detailing existing educational facilities and
6 their locations and projected needs. The report must also
7 contain the board's capital improvement plan, including
8 planned facilities with funding over the next 3 years, and the
9 educational facilities representing the district's unmet need.
10 The school board shall also provide a copy of its educational
11 plan survey to each local government at least once every 5
12 years.
13 Section 831. Section 1013.35, Florida Statutes, is
14 created to read:
15 1013.35 School district facilities work program;
16 definitions; preparation, adoption, and amendment; long-term
17 work programs.--
18 (1) DEFINITIONS.--As used in this section, the term:
19 (a) "Adopted district facilities work program" means
20 the 5-year work program adopted by the district school board
21 as provided in subsection (3).
22 (b) "Tentative district facilities work program" means
23 the 5-year listing of capital outlay projects required:
24 1. To properly maintain the educational plant and
25 ancillary facilities of the district.
26 2. To provide an adequate number of satisfactory
27 student stations for the projected student enrollment of the
28 district in K-12 programs in accordance with the goal in s.
29 1013.21.
30 (2) PREPARATION OF TENTATIVE DISTRICT FACILITIES WORK
31 PROGRAM.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) Annually, prior to the adoption of the district
2 school budget, each district school board shall prepare a
3 tentative district facilities work program that includes:
4 1. A schedule of major repair and renovation projects
5 necessary to maintain the educational plant and ancillary
6 facilities of the district.
7 2. A schedule of capital outlay projects necessary to
8 ensure the availability of satisfactory student stations for
9 the projected student enrollment in K-12 programs. This
10 schedule shall consider:
11 a. The locations, capacities, and planned utilization
12 rates of current educational facilities of the district.
13 b. The proposed locations of planned facilities.
14 c. Plans for the use and location of relocatable
15 facilities, leased facilities, and charter school facilities.
16 d. Plans for multitrack scheduling, grade level
17 organization, block scheduling, or other alternatives that
18 reduce the need for permanent student stations.
19 e. Information concerning average class size and
20 utilization rate by grade level within the district that will
21 result if the tentative district facilities work program is
22 fully implemented. The average shall not include exceptional
23 student education classes or prekindergarten classes.
24 f. The number and percentage of district students
25 planned to be educated in relocatable facilities during each
26 year of the tentative district facilities work program.
27 g. Plans for the closure of any school, including
28 plans for disposition of the facility or usage of facility
29 space, and anticipated revenues.
30 3. The projected cost for each project identified in
31 the tentative district facilities work program. For proposed
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 projects for new student stations, a schedule shall be
2 prepared comparing the planned cost and square footage for
3 each new student station, by elementary, middle, and high
4 school levels, to the low, average, and high cost of
5 facilities constructed throughout the state during the most
6 recent fiscal year for which data is available from the
7 Department of Education.
8 4. A schedule of estimated capital outlay revenues
9 from each currently approved source which is estimated to be
10 available for expenditure on the projects included in the
11 tentative district facilities work program.
12 5. A schedule indicating which projects included in
13 the tentative district facilities work program will be funded
14 from current revenues projected in subparagraph 4.
15 6. A schedule of options for the generation of
16 additional revenues by the district for expenditure on
17 projects identified in the tentative district facilities work
18 program which are not funded under subparagraph 5. Additional
19 anticipated revenues may include effort index grants, SIT
20 Program awards, and Classrooms First funds.
21 (b) To the extent available, the tentative district
22 facilities work program shall be based on information produced
23 by the demographic, revenue, and education estimating
24 conferences pursuant to s. 216.136.
25 (c) Provision shall be made for public comment
26 concerning the tentative district facilities work program.
27 (3) ADOPTED DISTRICT FACILITIES WORK
28 PROGRAM.--Annually, the district school board shall consider
29 and adopt the tentative district facilities work program
30 completed pursuant to subsection (2). Upon giving proper
31 public notice and opportunity for public comment, the district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school board may amend the program to revise the priority of
2 projects, to add or delete projects, to reflect the impact of
3 change orders, or to reflect the approval of new revenue
4 sources which may become available. The adopted district
5 facilities work program shall:
6 (a) Be a complete, balanced capital outlay financial
7 plan for the district.
8 (b) Set forth the proposed commitments and planned
9 expenditures of the district to address the educational
10 facilities needs of its students and to adequately provide for
11 the maintenance of the educational plant and ancillary
12 facilities.
13 (4) EXECUTION OF ADOPTED DISTRICT FACILITIES WORK
14 PROGRAM.--The first year of the adopted district facilities
15 work program shall constitute the capital outlay budget
16 required in s. 1013.61. The adopted district facilities work
17 program shall include the information required in
18 subparagraphs (2)(a)1., 2., and 3., based upon projects
19 actually funded in the program.
20 (5) 10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to
21 the adopted district facilities work program covering the
22 5-year work program, the district school board shall adopt
23 annually a 10-year and a 20-year work program which include
24 the information set forth in subsection (2), but based upon
25 enrollment projections and facility needs for the 10-year and
26 20-year periods. It is recognized that the projections in the
27 10-year and 20-year timeframes are tentative and should be
28 used only for general planning purposes.
29 Section 832. Section 1013.355, Florida Statutes, is
30 created to read:
31 1013.355 Abandonment or disposal of satisfactory
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 educational facilities prohibited.--District school boards are
2 prohibited from abandoning or disposing of existing
3 satisfactory educational facilities constructed with Public
4 Education Capital Outlay funds if the school district does not
5 have excess student stations to serve the projected student
6 enrollment in its required 5-year work program.
7 Section 833. Section 1013.36, Florida Statutes, is
8 created to read:
9 1013.36 Site planning and selection.--
10 (1) Before acquiring property for sites, each district
11 school board and community college board of trustees shall
12 determine the location of proposed educational centers or
13 campuses. In making this determination, the board shall
14 consider existing and anticipated site needs and the most
15 economical and practicable locations of sites. The board shall
16 coordinate with the long-range or comprehensive plans of
17 local, regional, and state governmental agencies to assure the
18 compatibility of such plans with site planning. Boards are
19 encouraged to locate educational facilities proximate to urban
20 residential areas to the extent possible, and shall seek to
21 collocate educational facilities with other public facilities,
22 such as parks, libraries, and community centers, to the extent
23 possible.
24 (2) Each new site selected must be adequate in size to
25 meet the educational needs of the students to be served on
26 that site by the original educational facility or future
27 expansions of the facility through renovation or the addition
28 of relocatables. The State Board of Education shall prescribe
29 by rule recommended sizes for new sites according to
30 categories of students to be housed and other appropriate
31 factors determined by the state board. Less-than-recommended
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 site sizes are allowed if the board recommends such a site and
2 finds that it can provide an appropriate and equitable
3 educational program on the site.
4 (3) Sites recommended for purchase or purchased must
5 meet standards prescribed in law and such supplementary
6 standards as the State Board of Education prescribes to
7 promote the educational interests of the students. Each site
8 must be well drained and suitable for outdoor educational
9 purposes as appropriate for the educational program. As
10 provided in s. 333.03, the site must not be located within any
11 path of flight approach of any airport. Insofar as is
12 practicable, the site must not adjoin a right-of-way of any
13 railroad or through highway and must not be adjacent to any
14 factory or other property from which noise, odors, or other
15 disturbances, or at which conditions, would be likely to
16 interfere with the educational program.
17 (4) It shall be the responsibility of the board to
18 provide adequate notice to appropriate municipal, county,
19 regional, and state governmental agencies for requested
20 traffic control and safety devices so they can be installed
21 and operating prior to the first day of classes or to satisfy
22 itself that every reasonable effort has been made in
23 sufficient time to secure the installation and operation of
24 such necessary devices prior to the first day of classes. It
25 shall also be the responsibility of the board to review
26 annually traffic control and safety device needs and to
27 request all necessary changes indicated by such review.
28 (5) Each board may request county and municipal
29 governments to construct and maintain sidewalks and bicycle
30 trails within a 2-mile radius of each educational facility
31 within the jurisdiction of the local government. When a board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 discovers or is aware of an existing hazard on or near a
2 public sidewalk, street, or highway within a 2-mile radius of
3 a school site and the hazard endangers the life or threatens
4 the health or safety of students who walk, ride bicycles, or
5 are transported regularly between their homes and the school
6 in which they are enrolled, the board shall, within 24 hours
7 after discovering or becoming aware of the hazard, excluding
8 Saturdays, Sundays, and legal holidays, report such hazard to
9 the governmental entity within the jurisdiction of which the
10 hazard is located. Within 5 days after receiving notification
11 by the board, excluding Saturdays, Sundays, and legal
12 holidays, the governmental entity shall investigate the
13 hazardous condition and either correct it or provide such
14 precautions as are practicable to safeguard students until the
15 hazard can be permanently corrected. However, if the
16 governmental entity that has jurisdiction determines upon
17 investigation that it is impracticable to correct the hazard,
18 or if the entity determines that the reported condition does
19 not endanger the life or threaten the health or safety of
20 students, the entity shall, within 5 days after notification
21 by the board, excluding Saturdays, Sundays, and legal
22 holidays, inform the board in writing of its reasons for not
23 correcting the condition. The governmental entity, to the
24 extent allowed by law, shall indemnify the board from any
25 liability with respect to accidents or injuries, if any,
26 arising out of the hazardous condition.
27 Section 834. Section 1013.365, Florida Statutes, is
28 created to read:
29 1013.365 Schools on contaminated site prohibited.--
30 (1) DEFINITIONS.--For purposes of this section, the
31 following terms shall have the same meaning as provided in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 definitions in s. 376.301: "contaminant," "contaminated
2 site," "discharge," "engineering controls," "hazardous
3 substances," "institutional controls," "pollutants," and "site
4 rehabilitation."
5 (2) LEGISLATIVE INTENT.--The Legislature finds:
6 (a) Steps should be taken to eliminate or reduce the
7 risk to student health posed by attendance at K-12 schools
8 located on or adjacent to a contaminated site.
9 (b) District school boards have a duty and a
10 responsibility to ensure the safety of school children while
11 attending K-12 schools and engaging in extracurricular
12 activities on school properties.
13 (c) Ensuring student safety includes preventing,
14 eliminating, or reducing exposure to contaminants that may
15 exist at or adjacent to K-12 school properties.
16 (3) K-12 SCHOOL SITING LIMITATIONS; PROHIBITIONS.--No
17 K-12 school shall be built on or adjacent to a known
18 contaminated site unless steps have been taken to ensure that
19 children attending the school or playing on school property
20 will not be exposed to contaminants in the air, water, or soil
21 at levels that present a threat to human health or the
22 environment.
23 (4) DUTIES OF DISTRICT SCHOOL BOARD.--Before taking
24 title to real property upon which a K-12 school may be built
25 or initiating action to locate a K-12 school on real property
26 already owned by the school district, the district school
27 board shall conduct appropriate due diligence including all
28 appropriate inquiry into the previous ownership and use of the
29 property consistent with good commercial or customary practice
30 in an effort to determine the existence of any potential air,
31 water, or soil contamination that may exist on or adjacent to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the proposed K-12 school site. The district school board is
2 encouraged to contact the Department of Environmental
3 Protection to obtain any information about contaminated sites
4 on or adjacent to a proposed K-12 school site. Any evidence
5 of a discharge of pollutants or hazardous substances on or
6 adjacent to a proposed K-12 school site shall prompt the
7 district school board to conduct further investigation using
8 at least a Phase II Environmental Audit, in accordance with
9 standards established by the American Society for Testing and
10 Materials (ASTM), that includes air, water, and soil sampling.
11 If the results of the environmental audit confirm the presence
12 of contaminants or pollution on or adjacent to the proposed
13 K-12 school site at concentrations that pose a threat to human
14 health or the environment, then the district school board
15 shall conduct appropriate site rehabilitation in accordance
16 with the provisions of subsection (5) before initiating K-12
17 school construction at the site.
18 (5) CORRECTIVE ACTION.--The Department of
19 Environmental Protection may use risk-based corrective action
20 cleanup criteria as described in ss. 376.3071, 376.3078, and
21 376.81, and in Chapter 62-777, F.A.C., in reviewing and
22 approving site rehabilitation conducted by district school
23 boards pursuant to this section.
24 Section 835. Part III.b. of chapter 1013, Florida
25 Statutes, shall be entitled "Building Codes and Construction
26 for Educational Facilities" and shall consist of ss.
27 1013.37-1013.45.
28 Section 836. Section 1013.37, Florida Statutes, is
29 created to read:
30 1013.37 State uniform building code for public
31 educational facilities construction.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) UNIFORM BUILDING CODE.--A uniform statewide
2 building code for the planning and construction of public
3 educational and ancillary plants by district school boards and
4 community college district boards of trustees shall be adopted
5 by the Florida Building Commission within the Florida Building
6 Code, pursuant to s. 553.73. Included in this code must be
7 flood plain management criteria in compliance with the rules
8 and regulations in 44 C.F.R. parts 59 and 60, and subsequent
9 revisions thereto which are adopted by the Federal Emergency
10 Management Agency. It is also the responsibility of the
11 department to develop, as a part of the uniform building code,
12 standards relating to:
13 (a) Prefabricated facilities or factory-built
14 facilities that are designed to be portable, relocatable,
15 demountable, or reconstructible; are used primarily as
16 classrooms; and do not fall under the provisions of ss.
17 320.822-320.862. Such standards must permit boards to contract
18 with the Department of Community Affairs for factory
19 inspections by certified building code inspectors to certify
20 conformance with applicable law and rules. The standards must
21 comply with the requirements of s. 1013.20 for relocatable
22 facilities intended for long-term use as classroom space, and
23 the relocatable facilities shall be designed subject to
24 missile impact criteria of s. 423(24)(d)(1) of the Florida
25 Building Code when located in the windborne debris region.
26 (b) The sanitation of educational and ancillary plants
27 and the health of occupants of educational and ancillary
28 plants.
29 (c) The safety of occupants of educational and
30 ancillary plants as provided in s. 1013.12, except that the
31 firesafety criteria shall be established by the State Fire
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Marshal in cooperation with the Florida Building Commission
2 and the department and such firesafety requirements must be
3 incorporated into the Florida Fire Prevention Code.
4 (d) Accessibility for children, notwithstanding the
5 provisions of s. 553.512.
6 (e) The performance of life-cycle cost analyses on
7 alternative architectural and engineering designs to evaluate
8 their energy efficiencies.
9 1. The life-cycle cost analysis must consist of the
10 sum of:
11 a. The reasonably expected fuel costs over the life of
12 the building which are required to maintain illumination,
13 water heating, temperature, humidity, ventilation, and all
14 other energy-consuming equipment in a facility; and
15 b. The reasonable costs of probable maintenance,
16 including labor and materials, and operation of the building.
17 2. For computation of the life-cycle costs, the
18 department shall develop standards that must include, but need
19 not be limited to:
20 a. The orientation and integration of the facility
21 with respect to its physical site.
22 b. The amount and type of glass employed in the
23 facility and the directions of exposure.
24 c. The effect of insulation incorporated into the
25 facility design and the effect on solar utilization of the
26 properties of external surfaces.
27 d. The variable occupancy and operating conditions of
28 the facility and subportions of the facility.
29 e. An energy-consumption analysis of the major
30 equipment of the facility's heating, ventilating, and cooling
31 system; lighting system; and hot water system and all other
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 major energy-consuming equipment and systems as appropriate.
2 3. Life-cycle cost criteria published by the
3 Department of Education for use in evaluating projects.
4 4. Standards for construction materials and systems
5 based on life-cycle costs that consider initial costs,
6 maintenance costs, custodial costs, operating costs, and life
7 expectancy. The standards may include multiple acceptable
8 materials. It is the intent of the Legislature to require
9 district school boards to comply with these standards when
10 expending funds from the Public Education Capital Outlay and
11 Debt Service Trust Fund or the School District and Community
12 College District Capital Outlay and Debt Service Trust Fund
13 and to prohibit district school boards from expending local
14 capital outlay revenues for any project that includes
15 materials or systems that do not comply with these standards,
16 unless the district school board submits evidence that
17 alternative materials or systems meet or exceed standards
18 developed by the department.
19
20 It is not a purpose of the Florida Building Code to inhibit
21 the use of new materials or innovative techniques; nor may it
22 specify or prohibit materials by brand names. The code must be
23 flexible enough to cover all phases of construction so as to
24 afford reasonable protection for the public safety, health,
25 and general welfare. The department may secure the service of
26 other state agencies or such other assistance as it finds
27 desirable in recommending to the Florida Building Commission
28 revisions to the code.
29 (2) APPROVAL.--
30 (a) Before a contract has been let for the
31 construction, the department, the district school board, the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 community college board, or its authorized review agent must
2 approve the phase III construction documents. A district
3 school board or a community college board may reuse prototype
4 plans on another site, provided the facilities list and phase
5 III construction documents have been updated for the new site
6 and for compliance with the Florida Building Code and the
7 Florida Fire Prevention Code and any laws relating to
8 firesafety, health and sanitation, casualty safety, and
9 requirements for the physically handicapped which are in
10 effect at the time a construction contract is to be awarded.
11 (b) In reviewing plans for approval, the department,
12 the district school board, the community college board, or its
13 review agent as authorized in s. 1013.38, shall take into
14 consideration:
15 1. The need for the new facility.
16 2. The educational and ancillary plant planning.
17 3. The architectural and engineering planning.
18 4. The location on the site.
19 5. Plans for future expansion.
20 6. The type of construction.
21 7. Sanitary provisions.
22 8. Conformity to Florida Building Code standards.
23 9. The structural design and strength of materials
24 proposed to be used.
25 10. The mechanical design of any heating,
26 air-conditioning, plumbing, or ventilating system. Typical
27 heating, ventilating, and air-conditioning systems preapproved
28 by the department for specific applications may be used in the
29 design of educational facilities.
30 11. The electrical design of educational plants.
31 12. The energy efficiency and conservation of the
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1 design.
2 13. Life-cycle cost considerations.
3 14. The design to accommodate physically handicapped
4 persons.
5 15. The ratio of net to gross square footage.
6 16. The proposed construction cost per gross square
7 foot.
8 17. Conformity with the Florida Fire Prevention Code.
9 (c) The district school board or the community college
10 board may not occupy a facility until the project has been
11 inspected to verify compliance with statutes, rules, and codes
12 affecting the health and safety of the occupants. Verification
13 of compliance with rules, statutes, and codes for nonoccupancy
14 projects such as roofing, paving, site improvements, or
15 replacement of equipment may be certified by the architect or
16 engineer of record and verification of compliance for other
17 projects may be made by an inspector certified by the
18 department or certified pursuant to chapter 468 who is not the
19 architect or engineer of record. The board shall maintain a
20 record of the project's completion and permanent archive of
21 phase III construction documents, including any addenda and
22 change orders to the project. The boards shall provide project
23 data to the department, as requested, for purposes and reports
24 needed by the Legislature.
25 (3) REVIEW PROCEDURE.--The Commissioner of Education
26 shall cooperate with the Florida Building Commission in
27 addressing all questions, disputes, or interpretations
28 involving the provisions of the Florida Building Code which
29 govern the construction of public educational and ancillary
30 facilities, and any objections to decisions made by the
31 inspectors or the department must be submitted in writing.
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1 (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.--The
2 department shall biennially review and recommend to the
3 Florida Building Commission updates and revisions to the
4 provisions of the Florida Building Code which govern the
5 construction of public educational and ancillary facilities.
6 The department shall publish and make available to each board
7 at no cost copies of the state requirements for educational
8 facilities and each amendment and revision thereto. The
9 department shall make additional copies available to all
10 interested persons at a price sufficient to recover costs.
11 (5) LOCAL LEGISLATION PROHIBITED.--After June 30,
12 1985, pursuant to s. 11(a)(21), Art. III of the State
13 Constitution, there shall not be enacted any special act or
14 general law of local application which proposes to amend,
15 alter, or contravene any provisions of the State Building Code
16 adopted under the authority of this section.
17 Section 837. Section 1013.371, Florida Statutes, is
18 created to read:
19 1013.371 Conformity to codes.--
20 (1) CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA
21 FIRE PREVENTION CODE REQUIRED FOR APPROVAL.--
22 (a) Except as otherwise provided in paragraph (b), all
23 public educational and ancillary plants constructed by a board
24 must conform to the Florida Building Code and the Florida Fire
25 Prevention Code, and the plants are exempt from all other
26 state building codes; county, municipal, or other local
27 amendments to the Florida Building Code and local amendments
28 to the Florida Fire Prevention Code; building permits, and
29 assessments of fees for building permits, except as provided
30 in s. 553.80; ordinances; road closures; and impact fees or
31 service availability fees. Any inspection by local or state
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Amendment No. ___ (for drafter's use only)
1 government must be based on the Florida Building Code and the
2 Florida Fire Prevention Code. Each board shall provide for
3 periodic inspection of the proposed educational plant during
4 each phase of construction to determine compliance with the
5 state requirements for educational facilities.
6 (b) A board may comply with the Florida Building Code
7 and the Florida Fire Prevention Code and the administration of
8 the codes when constructing ancillary plants that are not
9 attached to educational facilities, if those plants conform to
10 the space size requirements established in the codes.
11 (c) A board may not approve any plans for the
12 construction, renovation, remodeling, or demolition of any
13 educational or ancillary plants unless these plans conform to
14 the requirements of the Florida Building Code and the Florida
15 Fire Prevention Code. Each board may adopt policies for
16 delegating to the district school superintendent, community
17 college president, or university president authority for
18 submitting documents to the department and for awarding
19 contracts subsequent to and consistent with board approval of
20 the scope, timeframes, funding source, and budget of a
21 survey-recommended project.
22 (2) ENFORCEMENT BY BOARD.--It is the responsibility of
23 each board to ensure that all plans and educational and
24 ancillary plants meet the standards of the Florida Building
25 Code and the Florida Fire Prevention Code and to provide for
26 the enforcement of these codes in the areas of its
27 jurisdiction. Each board shall provide for the proper
28 supervision and inspection of the work. Each board may employ
29 a chief building official or inspector and such other
30 inspectors, who have been certified pursuant to chapter 468,
31 and such personnel as are necessary to administer and enforce
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 the provisions of this code. Boards may also use local
2 building department inspectors who are certified by the
3 department to enforce this code. Plans or facilities that fail
4 to meet the standards of the Florida Building Code or the
5 Florida Fire Prevention Code may not be approved. When
6 planning for and constructing an educational, auxiliary, or
7 ancillary facility, a board must use construction materials
8 and systems that meet standards adopted pursuant to s.
9 1013.37(1)(e)3. and 4. If the planned or actual construction
10 of a facility deviates from the adopted standards, the board
11 must, at a public hearing, quantify and compare the costs of
12 constructing the facility with the proposed deviations and in
13 compliance with the adopted standards and the Florida Building
14 Code. The board must explain the reason for the proposed
15 deviations and compare how the total construction costs and
16 projected life-cycle costs of the facility or component system
17 of the facility would be affected by implementing the proposed
18 deviations rather than using materials and systems that meet
19 the adopted standards.
20 (3) ENFORCEMENT BY DEPARTMENT.--As a further means of
21 ensuring that all educational and ancillary facilities
22 constructed or materially altered or added to conform to the
23 Florida Building Code standards or Florida Fire Prevention
24 Code standards, each board that undertakes the construction,
25 renovation, remodeling, purchasing, or lease-purchase of any
26 educational plant or ancillary facility, the cost of which
27 exceeds $200,000, may submit plans to the department for
28 approval.
29 Section 838. Section 1013.372, Florida Statutes, is
30 created to read:
31 1013.372 Education facilities as emergency shelters.--
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 (1) The Department of Education shall, in consultation
2 with boards and county and state emergency management offices,
3 include within the standards to be developed under this
4 subsection public shelter design criteria to be incorporated
5 into the Florida Building Code. The new criteria must be
6 designed to ensure that appropriate new educational facilities
7 can serve as public shelters for emergency-management
8 purposes. A facility, or an appropriate area within a
9 facility, for which a design contract is entered into after
10 the effective date of the inclusion of the public shelter
11 criteria in the code must be built in compliance with the
12 amended code unless the facility or a part of it is exempted
13 from using the new shelter criteria due to its location, size,
14 or other characteristics by the applicable board with the
15 concurrence of the applicable local emergency management
16 agency or the Department of Community Affairs. Any educational
17 facility located or proposed to be located in an identified
18 category 1, 2, or 3 evacuation zone is not subject to the
19 requirements of this subsection. If the regional planning
20 council region in which the county is located does not have a
21 hurricane evacuation shelter deficit, as determined by the
22 Department of Community Affairs, educational facilities within
23 the planning council region are not required to incorporate
24 the public shelter criteria.
25 (2) By January 31 of each even-numbered year, the
26 Department of Community Affairs shall prepare and submit a
27 statewide emergency shelter plan to the Governor and the
28 Cabinet for approval. The plan must identify the general
29 location and square footage of existing shelters, by regional
30 planning council region, and the general location and square
31 footage of needed shelters, by regional planning council
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 region, during the next 5 years. The plan must identify the
2 types of public facilities that should be constructed to
3 comply with emergency-shelter criteria and must recommend an
4 appropriate and available source of funding for the additional
5 cost of constructing emergency shelters within these public
6 facilities. After the approval of the plan, a board may not be
7 required to build more emergency-shelter space than identified
8 as needed in the plan, and decisions pertaining to exemptions
9 pursuant to subsection (1) must be guided by the plan.
10 (3) The provisions of s. 1013.74 apply to university
11 facilities as emergency shelters.
12 Section 839. Section 1013.38, Florida Statutes, is
13 created to read:
14 1013.38 Boards to ensure that facilities comply with
15 building codes and life safety codes.--
16 (1) Boards shall ensure that all new construction,
17 renovation, remodeling, day labor, and maintenance projects
18 conform to the appropriate sections of the Florida Building
19 Code, Florida Fire Prevention Code, or, where applicable as
20 authorized in other sections of law, other building codes, and
21 life safety codes.
22 (2) Boards may provide compliance as follows:
23 (a) Boards or consortia may individually or
24 cooperatively provide review services under the insurance risk
25 management oversight through the use of board employees or
26 consortia employees, registered pursuant to chapter 471,
27 chapter 481, or part XII of chapter 468.
28 (b) Boards may elect to review construction documents
29 using their own employees registered pursuant to chapter 471,
30 chapter 481, or part XII of chapter 468.
31 (c) Boards may submit phase III construction documents
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1 for review to the department.
2 (d) Boards or consortia may contract for plan review
3 services directly with engineers and architects registered
4 pursuant to chapter 471 or chapter 481.
5 (3) The Department of Management Services may, upon
6 request, provide facilities services for the Florida School
7 for the Deaf and the Blind, the Division of Blind Services,
8 and Public Broadcasting. As used in this section, the term
9 "facilities services" means project management, code and
10 design plan review, and code compliance inspection for
11 projects as defined in s. 287.017(1)(e).
12 Section 840. Section 1013.39, Florida Statutes, is
13 created to read:
14 1013.39 Building construction standards;
15 exemptions.--Universities are exempt from local amendments to
16 the Florida Building Code and the Florida Fire Prevention
17 Code.
18 Section 841. Section 1013.40, Florida Statutes, is
19 created to read:
20 1013.40 Planning and construction of community college
21 facilities; property acquisition.--
22 (1) The need for community college facilities shall be
23 established by a survey conducted pursuant to this chapter.
24 The facilities recommended by such survey must be approved by
25 the State Board of Education and the projects must be
26 constructed according to the provisions of this chapter and
27 State Board of Education rules.
28 (2) No community college may expend public funds for
29 the acquisition of additional property without the specific
30 approval of the Legislature.
31 (3) No facility may be acquired or constructed by a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 community college or its direct-support organization if such
2 facility requires general revenue funds for operation or
3 maintenance upon project completion or in subsequent years of
4 operation, unless prior approval is received from the
5 Legislature.
6 Section 842. Section 1013.41, Florida Statutes, is
7 created to read:
8 1013.41 SMART schools; Classrooms First; legislative
9 purpose.--
10 (1) SMART SCHOOLS.--"SMART schools" are schools that
11 are soundly made, accountable, reasonable, and thrifty. It is
12 the purpose of the Legislature to provide a balanced and
13 principle-based plan for a functional, safe, adequate, and
14 thrifty learning environment for Florida's K-12 students
15 through SMART schools. The plan must be balanced in serving
16 all school districts and must also be balanced between the
17 operating and capital sides of the budget. The principles upon
18 which the plan is based are less government, lower taxes,
19 increased responsibility of school districts, increased
20 freedom through local control, and family and community
21 empowerment.
22 (2) CLASSROOMS FIRST.--It is the purpose of the
23 Legislature to substantially increase the state's investment
24 in school construction in an equitable, fair, and reasonable
25 way.
26 (3) SCHOOL DISTRICT FACILITIES WORK PROGRAMS.--It is
27 the purpose of the Legislature to create s. 1013.35, requiring
28 each school district annually to adopt a district facilities
29 5-year work program. The purpose of the district facilities
30 work program is to keep the district school board and the
31 public fully informed as to whether the district is using
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 sound policies and practices that meet the essential needs of
2 students and that warrant public confidence in district
3 operations. The district facilities work program will be
4 monitored by the Office of Educational Facilities and SMART
5 Schools Clearinghouse, which will also apply performance
6 standards pursuant to s. 1013.04.
7 (4) OFFICE OF EDUCATIONAL FACILITIES AND SMART SCHOOLS
8 CLEARINGHOUSE.--It is the purpose of the Legislature to create
9 s. 1013.05, establishing the Office of Educational Facilities
10 and SMART Schools Clearinghouse to assist the school districts
11 in building SMART schools utilizing functional and frugal
12 practices. The Office of Educational Facilities and SMART
13 Schools Clearinghouse must review district facilities work
14 programs and projects and identify districts qualified for
15 incentive funding available through School Infrastructure
16 Thrift Program awards; identify opportunities to maximize
17 design and construction savings; develop school district
18 facilities work program performance standards; and provide for
19 review and recommendations to the Governor, the Legislature,
20 and the State Board of Education.
21 (5) EFFORT INDEX GRANTS.--It is the purpose of the
22 Legislature to create s. 1013.73, in order to provide grants
23 from state funds to assist school districts that have provided
24 a specified level of local effort funding.
25 (6) SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM
26 AWARDS.--It is the purpose of the Legislature to convert the
27 SIT Program established in ss. 1013.42 and 1013.72 to an
28 incentive award program to encourage functional, frugal
29 facilities and practices.
30 Section 843. Section 1013.42, Florida Statutes, is
31 created to read:
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Amendment No. ___ (for drafter's use only)
1 1013.42 School Infrastructure Thrift (SIT) Program
2 Act.--
3 (1) This section and s. 1013.72 may be cited as the
4 "School Infrastructure Thrift Program Act."
5 (2) The School Infrastructure Thrift (SIT) Program is
6 established within the Department of Education, and the State
7 Board of Education may adopt rules as necessary to operate the
8 program. To facilitate the program's purposes, the department
9 shall aggressively seek the elimination or revision of
10 obsolete, excessively restrictive, or unnecessary laws, rules,
11 and regulations for the purpose of reducing the cost of
12 constructing educational facilities and related costs without
13 sacrificing safety or quality of construction. Such efforts
14 must include, but are not limited to, the elimination of
15 duplicate or overlapping inspections; the relaxation of
16 requirements relating to the life cycle of buildings,
17 landscaping, operable glazing, operable windows, radon
18 testing, and firesafety when lawful, safe, and
19 cost-beneficial; and other cost savings identified as lawful,
20 safe, and cost-beneficial.
21 (3) The SIT Program is designed as:
22 (a) An incentive program to reward districts for
23 savings realized through functional, frugal construction.
24 (b) A recognition program to provide an annual SMART
25 school of the year recognition award to the district that
26 builds the highest quality functional, frugal school.
27 (4) Funds shall be appropriated to the SIT Program on
28 an annual basis as determined by the Legislature.
29 Notwithstanding the provisions of s. 216.301 and pursuant to
30 s. 216.351, undisbursed balances of appropriations to the SIT
31 Program shall not revert. It is the intent of the Legislature
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 to continue funding the SIT Program with funds available
2 through frugal government operation and agency savings.
3 (5) Participating school districts may seek SIT
4 Program awards beginning July 1, 1997, for projects commenced
5 after or for projects underway at that time, if the projects
6 comply with s. 1013.72.
7 (6)(a) Each school district may submit to the Office
8 of Educational Facilities and SMART Schools Clearinghouse,
9 with supporting data, its request, based on eligibility
10 pursuant to s. 1013.72 for an award of SIT Program dollars.
11 (b) The Office of Educational Facilities and SMART
12 Schools Clearinghouse shall examine the supporting data from
13 each school district and shall report to the commissioner each
14 district's eligibility pursuant to s. 1013.72. Based on the
15 office's report and pursuant to ss. 1013.04 and 1013.05, the
16 office shall make recommendations, ranked in order of
17 priority, for SIT Program awards.
18 (c) The criteria for SIT Program evaluation and
19 recommendation for awards must be based on the school
20 district's eligibility pursuant to s. 1013.72 and the balance
21 of dollars in the SIT Program.
22 (7) Awards from the SIT Program shall be made by the
23 commissioner from funds appropriated by the Legislature. An
24 award funded by an appropriation from the General Revenue Fund
25 may be used for any lawful capital outlay expenditure. An
26 award funded by an appropriation of the proceeds of bonds
27 issued pursuant to s. 1013.70 may be used only for bondable
28 capital outlay projects.
29 Section 844. Section 1013.43, Florida Statutes, is
30 created to read:
31 1013.43 Small school requirement.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) LEGISLATIVE FINDINGS.--The Legislature finds that:
2 (a) Florida's schools are among the largest in the
3 nation.
4 (b) Smaller schools provide benefits of reduced
5 discipline problems and crime, reduced truancy and gang
6 participation, reduced dropout rates, improved teacher and
7 student attitudes, improved student self-perception, student
8 academic achievement equal to or superior to that of students
9 at larger schools, and increased parental involvement.
10 (c) Smaller schools can provide these benefits while
11 not increasing administrative and construction costs.
12 (2) DEFINITION.--As used in this section, "small
13 school" means:
14 (a) An elementary school with a student population of
15 not more than 500 students.
16 (b) A middle school with a student population of not
17 more than 700 students.
18 (c) A high school with a student population of not
19 more than 900 students.
20 (d) A school serving kindergarten through grade 8 with
21 a student population of not more than 700 students.
22 (e) A school serving kindergarten through grade 12
23 with a student population of not more than 900 students.
24
25 A school on a single campus which operates as a
26 school-within-a-school, as defined by s. 1003.02(4), shall be
27 considered a small school if each smaller unit located on the
28 single campus meets the requirements of this subsection.
29 (3) REQUIREMENTS.--
30 (a) Beginning July 1, 2003, all plans for new
31 educational facilities to be constructed within a school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district and reflected in the 5-year school district
2 facilities work plan shall be plans for small schools in order
3 to promote increased learning and more effective use of school
4 facilities.
5 (b) Small schools shall comply with all laws, rules,
6 and court orders relating to racial balance.
7 (4) EXCEPTIONS.--This section does not apply to plans
8 for new educational facilities already under architectural
9 contract on July 1, 2003.
10 Section 845. Section 1013.44, Florida Statutes, is
11 created to read:
12 1013.44 Low-energy use design; solar energy systems;
13 swimming pool heaters.--
14 (1)(a) Passive design elements and low-energy usage
15 features shall be included in the design and construction of
16 new educational facilities. Operable glazing consisting of at
17 least 5 percent of the floor area shall be placed in each
18 classroom located on the perimeter of the building. For a
19 relocatable classroom, the area of operable glazing and the
20 area of exterior doors, together, shall consist of at least 5
21 percent of the floor area. Operable glazing is not required in
22 community colleges, auxiliary facilities, music rooms, gyms,
23 locker and shower rooms, special laboratories requiring
24 special climate control, and large group instruction areas
25 having a capacity of more than 100 persons.
26 (b) In the remodeling and renovation of educational
27 facilities which have existing natural ventilation, adequate
28 sources of natural ventilation shall be retained, or a
29 combination of natural and low-energy usage mechanical
30 equipment shall be provided that will permit the use of the
31 facility without air-conditioning or heat when ambient
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 conditions are moderate. However, the Commissioner of
2 Education is authorized to waive this requirement when
3 environmental conditions, particularly noise and pollution
4 factors, preclude the effective use of natural ventilation.
5 (2) Each new educational facility for which the
6 projected demand for hot water exceeds 1,000 gallons a day
7 shall be constructed, whenever economically and physically
8 feasible, with a solar energy system as the primary energy
9 source for the domestic hot water system of the facility. The
10 solar energy system shall be sized so as to provide at least
11 65 percent of the estimated needs of the facility. Sizing
12 shall be determined by generally recognized simulation models,
13 such as F-chart and SOLCOST, or by sizing tables generated by
14 the Florida Solar Energy Center.
15 (3) If swimming and wading pools constructed as an
16 integral part of an educational facility or plant are heated,
17 such pools shall, whenever feasible, be heated by either a
18 waste heat recovery system or a solar energy system.
19 Section 846. Section 1013.45, Florida Statutes, is
20 created to read:
21 1013.45 Educational facilities contracting and
22 construction techniques.--
23 (1) Boards may employ procedures to contract for
24 construction of new facilities, or major additions to existing
25 facilities, that will include, but not be limited to:
26 (a) Competitive bids.
27 (b) Design-build pursuant to s. 287.055.
28 (c) Selecting a construction management entity,
29 pursuant to the process provided by s. 287.055, that would be
30 responsible for all scheduling and coordination in both design
31 and construction phases and is generally responsible for the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 successful, timely, and economical completion of the
2 construction project. The construction management entity must
3 consist of or contract with licensed or registered
4 professionals for the specific fields or areas of construction
5 to be performed, as required by law. At the option of the
6 board, the construction management entity, after having been
7 selected, may be required to offer a guaranteed maximum price
8 or a guaranteed completion date; in which case, the
9 construction management entity must secure an appropriate
10 surety bond pursuant to s. 255.05 and must hold construction
11 subcontracts. The criteria for selecting a construction
12 management entity shall not unfairly penalize an entity that
13 has relevant experience in the delivery of construction
14 projects of similar size and complexity by methods of delivery
15 other than construction management.
16 (d) Selecting a program management entity, pursuant to
17 the process provided by s. 287.055, that would act as the
18 agent of the board and would be responsible for schedule
19 control, cost control, and coordination in providing or
20 procuring planning, design, and construction services. The
21 program management entity must consist of or contract with
22 licensed or registered professionals for the specific areas of
23 design or construction to be performed as required by law. The
24 program management entity may retain necessary design
25 professionals selected under the process provided in s.
26 287.055. At the option of the board, the program management
27 entity, after having been selected, may be required to offer a
28 guaranteed maximum price or a guaranteed completion date, in
29 which case, the program management entity must secure an
30 appropriate surety bond pursuant to s. 255.05 and must hold
31 design and construction subcontracts. The criteria for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 selecting a program management entity shall not unfairly
2 penalize an entity that has relevant experience in the
3 delivery of construction programs of similar size and
4 complexity by methods of delivery other than program
5 management.
6 (e) Day-labor contracts not exceeding $200,000 for
7 construction, renovation, remodeling, or maintenance of
8 existing facilities.
9 (2) For the purposes of this section, "day-labor
10 contract" means a project constructed using persons employed
11 directly by a board or by contracted labor.
12 (3) Contractors, design-build firms, contract
13 management entities, program management entities, or any other
14 person under contract to construct facilities or major
15 additions to facilities may use any construction techniques
16 allowed by contract and not prohibited by law, including, but
17 not limited to, those techniques known as fast-track
18 construction scheduling, use of components, and systems
19 building process.
20 (4) Except as otherwise provided in this section and
21 s. 481.229, the services of a registered architect must be
22 used for the development of plans for the erection,
23 enlargement, or alteration of any educational facility. The
24 services of a registered architect are not required for a
25 minor renovation project for which the construction cost is
26 less than $50,000 or for the placement or hookup of
27 relocatable educational facilities that conform with standards
28 adopted under s. 1013.37. However, boards must provide
29 compliance with building code requirements and ensure that
30 these structures are adequately anchored for wind resistance
31 as required by law. Boards are encouraged to consider the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reuse of existing construction documents or design criteria
2 packages where such reuse is feasible and practical.
3 Notwithstanding s. 287.055, a board may purchase the
4 architectural services for the design of educational or
5 ancillary facilities under an existing contract agreement for
6 professional services held by a district school board in the
7 State of Florida, provided that the purchase is to the
8 economic advantage of the purchasing board, the services
9 conform to the standards prescribed by rules of the State
10 Board of Education, and such reuse is not without notice to,
11 and permission from, the architect of record whose plans or
12 design criteria are being reused. Plans shall be reviewed for
13 compliance with the state requirements for educational
14 facilities. Rules adopted under this section must establish
15 uniform prequalification, selection, bidding, and negotiation
16 procedures applicable to construction management contracts and
17 the design-build process. This section does not supersede any
18 small, woman-owned or minority-owned business enterprise
19 preference program adopted by a board. Except as otherwise
20 provided in this section, the negotiation procedures
21 applicable to construction management contracts and the
22 design-build process must conform to the requirements of s.
23 287.055. A board may not modify any rules regarding
24 construction management contracts or the design-build process.
25 Section 847. Part III.c. of chapter 1013, Florida
26 Statutes, shall be entitled "Contracting for Educational
27 Facilities" and shall consist of ss. 1013.46-1013.51.
28 Section 848. Section 1013.46, Florida Statutes, is
29 created to read:
30 1013.46 Advertising and awarding contracts;
31 prequalification of contractor.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1)(a) As soon as practicable after any bond issue has
2 been voted upon and authorized or funds have been made
3 available for the construction, remodeling, renovation,
4 demolition, or otherwise for the improvement, of any
5 educational or ancillary plant, and after plans for the work
6 have been approved, the board, if competitively bidding the
7 project pursuant to s. 1013.45, after advertising the same in
8 the manner prescribed by law or rule, shall award the contract
9 for the building or improvements to the lowest responsible
10 bidder. However, if after taking all deductive alternates, the
11 bid of the lowest responsible bidder exceeds the construction
12 budget for the project established at the phase III submittal,
13 the board may declare an emergency. After stating the reasons
14 why an emergency exists, the board may negotiate the
15 construction contract or modify the contract, including the
16 specifications, with the lowest responsible bidder and, if the
17 contract is modified, shall resubmit the documents to the
18 authorized review authority for review to confirm that the
19 project remains in compliance with building and fire codes.
20 The board may reject all bids received and may readvertise,
21 calling for new bids.
22 (b) Each board may declare an emergency pursuant to
23 this subsection. A situation created by fire, storm, or other
24 providential cause resulting in:
25 1. Imminent danger to life or safety; or
26 2. Overcrowding of students
27
28 constitutes an emergency.
29 (c) As an option, any county, municipality, or board
30 may set aside up to 10 percent of the total amount of funds
31 allocated for the purpose of entering into construction
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 capital project contracts with minority business enterprises,
2 as defined in s. 287.094. Such contracts shall be
3 competitively bid only among minority business enterprises.
4 The set-aside shall be used to redress present effects of past
5 discriminatory practices and shall be subject to periodic
6 reassessment to account for changing needs and circumstances.
7 (2) Boards shall prequalify bidders for construction
8 contracts according to rules prescribed by the State Board of
9 Education which require the prequalification of bidders of
10 educational facilities construction. Boards shall require that
11 all construction or capital improvement bids be accompanied by
12 evidence that the bidder holds an appropriate certificate or
13 license or that the prime contractor has a current valid
14 license.
15 Section 849. Section 1013.47, Florida Statutes, is
16 created to read:
17 1013.47 Substance of contract; contractors to give
18 bond; penalties.--Each board shall develop contracts
19 consistent with this chapter and statutes governing public
20 facilities. Such a contract must contain the drawings and
21 specifications of the work to be done and the material to be
22 furnished, the time limit in which the construction is to be
23 completed, the time and method by which payments are to be
24 made upon the contract, and the penalty to be paid by the
25 contractor for any failure to comply with the terms of the
26 contract. The board may require the contractor to pay a
27 penalty for any failure to comply with the terms of the
28 contract and may provide an incentive for early completion.
29 Upon accepting a satisfactory bid, the board shall enter into
30 a contract with the party or parties whose bid has been
31 accepted. The contractor shall furnish the board with a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 performance and payment bond as set forth in s. 255.05. A
2 board or other public entity may not require a contractor to
3 secure a surety bond under s. 255.05 from a specific agent or
4 bonding company. Notwithstanding any other provision of this
5 section, if 25 percent or more of the costs of any
6 construction project is paid out of a trust fund established
7 pursuant to 31 U.S.C. s. 1243(a)(1), laborers and mechanics
8 employed by contractors or subcontractors on such construction
9 will be paid wages not less than those prevailing on similar
10 construction projects in the locality, as determined by the
11 Secretary of Labor in accordance with the Davis-Bacon Act, as
12 amended. A person, firm, or corporation that constructs any
13 part of any educational plant, or addition thereto, on the
14 basis of any unapproved plans or in violation of any plans
15 approved in accordance with the provisions of this chapter and
16 rules of the State Board of Education relating to building
17 standards or specifications is subject to forfeiture of bond
18 and unpaid compensation in an amount sufficient to reimburse
19 the board for any costs that will need to be incurred in
20 making any changes necessary to assure that all requirements
21 are met and is also guilty of a misdemeanor of the second
22 degree, punishable as provided in s. 775.082 or s. 775.083,
23 for each separate violation.
24 Section 850. Section 1013.48, Florida Statutes, is
25 created to read:
26 1013.48 Changes in construction requirements after
27 award of contract.--The board may, at its option and by
28 written policy duly adopted and entered in its official
29 minutes, authorize the superintendent or president or other
30 designated individual to approve change orders in the name of
31 the board for preestablished amounts. Approvals shall be for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the purpose of expediting the work in progress and shall be
2 reported to the board and entered in its official minutes. For
3 accountability, the school district shall monitor and report
4 the impact of change orders on its district facilities work
5 program pursuant to s. 1013.35.
6 Section 851. Section 1013.49, Florida Statutes, is
7 created to read:
8 1013.49 Toxic substances in construction, repair, or
9 maintenance of educational facilities.--
10 (1) All toxic substances enumerated in the Florida
11 Substance List established pursuant to s. 442.103 that are to
12 be used in the construction, repair, or maintenance of
13 educational facilities have restricted usage provisions.
14 (2) Before any such substance may be used, the
15 contractor shall notify the district school superintendent or
16 public postsecondary institution president in writing at least
17 three working days prior to using the substance. The
18 notification shall contain:
19 (a) The name of the substance to be used;
20 (b) Where the substance is to be used; and
21 (c) When the substance is to be used.
22
23 A copy of a material safety data sheet as defined in s.
24 442.102 shall be attached to the notification for each such
25 substance.
26 Section 852. Section 1013.50, Florida Statutes, is
27 created to read:
28 1013.50 Final payment to contractor.--
29 (1) The final payment to the contractor shall not be
30 made until the construction project has been inspected by the
31 architect or other person designated by the board for that
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purpose and until he or she has issued a written certificate
2 that the project has been constructed in accordance with the
3 approved plans and specifications and approved change orders
4 and until the board, acting on these recommendations, has
5 accepted the project. After acceptance by the board, a
6 duplicate copy of this written certificate, duly certified as
7 having been accepted by the board, as well as other related
8 data on contract costs and total costs per student station,
9 space inventory update, and other related building information
10 must be filed with the department for budget and cost
11 reporting purposes.
12 (2) Boards shall have full authority and
13 responsibility for all decisions regarding educational and
14 ancillary plant construction contracts, change orders, and
15 payments.
16 Section 853. Section 1013.51, Florida Statutes, is
17 created to read:
18 1013.51 Expenditures authorized for certain
19 infrastructure.--
20 (1)(a) Subject to exemption from the assessment of
21 fees pursuant to s. 1013.37(1), education boards, boards of
22 county commissioners, municipal boards, and other agencies and
23 boards of the state may expend funds, separately or
24 collectively, by contract or agreement, for the placement,
25 paving, or maintaining of any road, byway, or sidewalk if the
26 road, byway, or sidewalk is contiguous to or runs through the
27 property of any educational plant or for the maintenance or
28 improvement of the property of any educational plant or of any
29 facility on such property. Expenditures may also be made for
30 sanitary sewer, water, stormwater, and utility improvements
31 upon, or contiguous to, and for the installation, operation,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and maintenance of traffic control and safety devices upon, or
2 contiguous to, any existing or proposed educational plant.
3 (b) A board may pay its proportionate share of the
4 cost of onsite and offsite system improvements necessitated by
5 the educational facility development, but a board is not
6 required to pay for or install any improvements that exceed
7 those required to meet the onsite and offsite needs of a new
8 public educational facility or an expanded site. Development
9 exactions assessed against school boards or community college
10 districts may not exceed the proportionate share of the cost
11 of system improvements necessitated by the educational
12 facility development and may not address existing facility or
13 service backlogs or deficits.
14 (c) The boards of county commissioners, municipal
15 boards, and other agencies and boards of the state may plant
16 or maintain trees, flowers, shrubbery, and beautifying plants
17 upon the grounds of any educational plant, upon approval of
18 the superintendent or president or the designee of either of
19 them. Payment by a board for any improvement set forth in this
20 section shall be authorized in any amounts agreed to by the
21 board. Any payments so authorized to be made are not mandatory
22 unless the specific improvement and costs have been agreed to
23 prior to the improvement's being made.
24 (2) The provisions of any law, municipal ordinance, or
25 county ordinance to the contrary notwithstanding, the
26 provisions of this section regulate the levying of assessments
27 for special benefits on school or community college districts
28 and the directing of the payment thereof. Any municipal
29 ordinance or county ordinance making provision to the contrary
30 is void.
31 (3) Notwithstanding any other law, if a board agrees
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to construct or upgrade water or sewer facilities, or
2 otherwise provide, construct, upgrade, or maintain offsite
3 infrastructure beyond its proportionate share of
4 responsibility, the local government that issues development
5 approvals shall assure that the board is reimbursed for the
6 additional costs incurred, to the extent that other
7 development occurs which demands use of such infrastructure.
8 (4) Expenditure for infrastructure for universities
9 shall be as authorized in s. 1013.30.
10 Section 854. Part III.d. of chapter 1013, Florida
11 Statutes, shall be entitled "Cooperative Development of
12 Educational Facilities" and shall consist of ss.
13 1013.52-1013.54.
14 Section 855. Section 1013.52, Florida Statutes, is
15 created to read:
16 1013.52 Cooperative development and joint use of
17 facilities by two or more boards.--
18 (1) Two or more boards, including district school
19 boards, community college boards of trustees, the Board of
20 Trustees for the Florida School for the Deaf and the Blind,
21 and university boards of trustees, desiring to cooperatively
22 establish a common educational facility to accommodate
23 students shall:
24 (a) Jointly request a formal assessment by the
25 Commissioner of Education of the academic program need and the
26 need to build new joint-use facilities to house approved
27 programs. Completion of the assessment and approval of the
28 project by the State Board of Education or the Commissioner of
29 Education, as appropriate, should be done prior to conducting
30 an educational facilities survey.
31 (b) Demonstrate the need for construction of new
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 joint-use facilities involving postsecondary institutions by
2 those institutions presenting evidence of the presence of
3 sufficient actual full-time equivalent enrollments in the
4 locale in leased, rented, or borrowed spaces to justify the
5 requested facility for the programs identified in the formal
6 assessment rather than using projected or anticipated future
7 full-time equivalent enrollments as justification. If the
8 decision is made to construct new facilities to meet this
9 demonstrated need, then building plans should consider
10 full-time equivalent enrollment growth facilitated by this new
11 construction and subsequent new program offerings made
12 possible by the existence of the new facilities.
13 (c) Adopt and submit to the commissioner a joint
14 resolution of the participating boards indicating their
15 commitment to the utilization of the requested facility and
16 designating the locale of the proposed facility. The joint
17 resolution shall contain a statement of determination by the
18 participating boards that alternate options, including the use
19 of leased, rented, or borrowed space, were considered and
20 found less appropriate than construction of the proposed
21 facility. The joint resolution shall contain assurance that
22 the development of the proposed facility has been examined in
23 conjunction with the programs offered by neighboring public
24 educational facilities offering instruction at the same level.
25 The joint resolution also shall contain assurance that each
26 participating board shall provide for continuity of
27 educational progression. All joint resolutions shall be
28 submitted to the commissioner by August 1 for consideration of
29 funding by the subsequent Legislature.
30 (d) Submit requests for funding of joint-use
31 facilities projects involving state universities and community
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 colleges for approval by the Commissioner of Education. The
2 Commissioner of Education shall determine the priority for
3 funding these projects in relation to the priority of all
4 other capital outlay projects under their consideration. To be
5 eligible for funding from the Public Education Capital Outlay
6 and Debt Service Trust Fund under the provisions of this
7 section, projects involving both state universities and
8 community colleges shall appear on the 3-year capital outlay
9 priority lists of community colleges and of universities
10 required by s. 1013.64. Projects involving a state university,
11 community college, and a public school, and in which the
12 larger share of the proposed facility is for the use of the
13 state university or the community college, shall appear on the
14 3-year capital outlay priority lists of the community colleges
15 or of the universities, as applicable.
16 (e) Include in their joint resolution for the
17 joint-use facilities, comprehensive plans for the operation
18 and management of the facility upon completion. Institutional
19 responsibilities for specific functions shall be identified,
20 including designation of one participating board as sole owner
21 of the facility. Operational funding arrangements shall be
22 clearly defined.
23 (2) An educational plant survey must be conducted
24 within 90 days after submission of the joint resolution and
25 substantiating data describing the benefits to be obtained,
26 the programs to be offered, and the estimated cost of the
27 proposed project. Upon completion of the educational plant
28 survey, the participating boards may include the recommended
29 projects in their plan as provided in s. 1013.31. Upon
30 approval of the project by the commissioner, 25 percent of the
31 total cost of the project, or the pro rata share based on
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 space utilization of 25 percent of the cost, must be included
2 in the department's legislative capital outlay budget request
3 as provided in s. 1013.60 for educational plants. The
4 participating boards must include in their joint resolution a
5 commitment to finance the remaining funds necessary to
6 complete the planning, construction, and equipping of the
7 facility. Funds from the Public Education Capital Outlay and
8 Debt Service Trust Fund may not be expended on any project
9 unless specifically authorized by the Legislature.
10 (3) Included in all proposals for joint-use facilities
11 must be documentation that the proposed new campus or new
12 joint-use facility has been reviewed by the State Board of
13 Education and has been formally requested for authorization by
14 the Legislature.
15 (4) No district school board, community college, or
16 state university shall receive funding for more than one
17 approved joint-use facility per campus in any 3-year period.
18 Section 856. Section 1013.53, Florida Statutes, is
19 created to read:
20 1013.53 Cooperative development of educational
21 facilities in juvenile justice programs.--
22 (1) The Department of Juvenile Justice shall provide
23 early notice to school districts regarding the siting of new
24 juvenile justice facilities. School districts shall include
25 the projected number of students in the districts' annual
26 estimates. School districts must be consulted regarding the
27 types of students expected to be assigned to commitment
28 facilities for education planning and budgeting purposes.
29 (2) The Department of Juvenile Justice shall notify,
30 in writing, the Department of Education when a request for
31 proposals is issued for the construction or operation of a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 commitment or detention facility anywhere in the state. The
2 Department of Juvenile Justice shall notify, in writing, the
3 appropriate school district when a request for proposals is
4 issued for the construction or operation of a commitment or
5 detention facility when a county or site is specifically
6 identified.
7 (3) The Department of Juvenile Justice shall also
8 notify the district school superintendent within 30 days
9 after:
10 (a) The award of a contract for the construction or
11 operation of a commitment or detention facility within that
12 school district.
13 (b) Obtaining a permit to begin construction of a new
14 detention or commitment facility within that school district.
15 Section 857. Section 1013.54, Florida Statutes, is
16 created to read:
17 1013.54 Cooperative development and use of satellite
18 facilities by private industry and district school boards.--
19 (1) Each district school board may submit, prior to
20 August 1 of each year, a request to the commissioner for funds
21 from the Public Education Capital Outlay and Debt Service
22 Trust Fund to construct, remodel, or renovate an educational
23 facility within the industrial environment. No district school
24 board may apply for more than one facility per year. Such
25 request shall contain the following provisions:
26 (a) A detailed description of the satellite site, the
27 site development necessary for new construction, remodeling,
28 or renovation for the accomplishment of the project, and the
29 facility to be constructed. The facility shall be located on a
30 site owned by the business and leased to the district school
31 board at no cost. However, the minimum agreement shall be for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a period of at least 5 years. The amounts provided by the
2 state and the district school board shall be considered full
3 consideration for the lease. If the lease agreement is
4 terminated early, the business shall reimburse the district
5 school board an amount determined by multiplying the amounts
6 contributed by the district school board and the state by a
7 fraction the numerator of which is the number of months
8 remaining in the original agreement and the denominator of
9 which is the total number of months of the agreement.
10 (b) A detailed description and analysis of the
11 educational programs to be offered and the benefits that will
12 accrue to the students through the instructional programs upon
13 completion of the facility.
14 (c) The estimated number of full-time students whose
15 regularly scheduled daily instructional program will utilize
16 the facility.
17 (d) The estimated cost of the facility and site
18 development not to exceed the department's average cost of new
19 construction adjusted to the respective county cost index. If
20 a site must be acquired, the estimated cost of the site shall
21 be provided.
22 (e) A resolution or other appropriate indication of
23 intent to participate in the funding and utilization of the
24 educational facility from private industry. Such indication
25 shall include a commitment by private industry to provide at
26 least one-half of the cost of the facility. The district
27 school board shall provide one-fourth of the cost of the
28 facility and, if approved, the state shall provide one-fourth
29 of the cost of the facility. Funds from the Public Education
30 Capital Outlay and Debt Service Trust Fund may not be expended
31 on any project unless specifically authorized by the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Legislature.
2 (f) The designation as to which agency is to assume
3 responsibility for the operation, maintenance, and control of
4 the proposed facility.
5 (g) Documentation by the district school board that a
6 long-term lease for the use of the educational facility for a
7 period of not less than 40 years or the life expectancy of the
8 permanent facility constructed thereon, whichever is longer,
9 has been obtained from private industry.
10 (2) The commissioner shall appoint a review committee
11 to make recommendations and prioritize requests. If the
12 project is approved by the commissioner, the commissioner
13 shall include up to one-fourth of the cost of the project in
14 the legislative capital outlay budget request, as provided in
15 s. 1013.60, for the funding of capital outlay projects
16 involving both educational and private industry. The
17 commissioner shall prioritize any such projects for each
18 fiscal year and, notwithstanding the provisions of s.
19 1013.64(3)(c), limit the recommended state funding amount not
20 to exceed 5 percent off the top of the total funds recommended
21 pursuant to s. 1013.64(2) and (3).
22 (3) Facilities funded pursuant to this section and all
23 existing satellite facilities shall be exempt from ad valorem
24 taxes as long as the facility is used exclusively for public
25 educational purposes.
26 Section 858. Part IV of chapter 1013, Florida
27 Statutes, shall be entitled "Funding for Educational
28 Facilities" and shall consist of ss. 1013.60-1013.82.
29 Section 859. Section 1013.60, Florida Statutes, is
30 created to read:
31 1013.60 Legislative capital outlay budget request.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) The Commissioner of Education shall develop a
2 procedure deemed appropriate in arriving at the amounts
3 required to fund projects as reflected in the integrated,
4 comprehensive budget request required by this section. The
5 official estimates for funds accruing to the Public Education
6 Capital Outlay and Debt Service Trust Fund made by the revenue
7 estimating conference shall be used in determining the budget
8 request pursuant to this section. The commissioner, in
9 consultation with the appropriations committees of the
10 Legislature, shall provide annually an estimate of funds that
11 shall be utilized by community colleges and universities in
12 developing their required 3-year priority lists pursuant to s.
13 1013.64.
14 (2) The commissioner shall submit to the Governor and
15 to the Legislature an integrated, comprehensive budget request
16 for educational facilities construction and fixed capital
17 outlay needs for school districts, community colleges, and
18 universities, pursuant to the provisions of s. 1013.64 and
19 applicable provisions of chapter 216. Each community college
20 board of trustees and each university board of trustees shall
21 submit to the commissioner a 3-year plan and data required in
22 the development of the annual capital outlay budget. No
23 further disbursements shall be made from the Public Education
24 Capital Outlay and Debt Service Trust Fund to a board of
25 trustees that fails to timely submit the required data until
26 such board of trustees submits the data.
27 (3) The commissioner shall submit an integrated,
28 comprehensive budget request to the Executive Office of the
29 Governor and to the Legislature each fiscal year by the
30 submission date specified in s. 216.023(1). Notwithstanding
31 the provisions of s. 216.043, the integrated, comprehensive
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 budget request shall include:
2 (a) Recommendations for the priority of expenditure of
3 funds in the state system of public education, with reasons
4 for the recommended priorities, and other recommendations
5 which relate to the effectiveness of the educational
6 facilities construction program.
7 (b) All items in s. 1013.64.
8 Section 860. Section 1013.61, Florida Statutes, is
9 created to read:
10 1013.61 Annual capital outlay budget.--Each board
11 shall, each year, adopt a capital outlay budget for the
12 ensuing year in order that the capital outlay needs of the
13 board for the entire year may be well understood by the
14 public. This capital outlay budget shall be a part of the
15 annual budget and shall be based upon and in harmony with the
16 board's capital outlay plan. This budget shall designate the
17 proposed capital outlay expenditures by project for the year
18 from all fund sources. The board may not expend any funds on
19 any project not included in the budget, as amended. Each
20 district school board must prepare its tentative district
21 facilities work program as required by s. 1013.35 before
22 adopting the capital outlay budget.
23 Section 861. Section 1013.62, Florida Statutes, is
24 created to read:
25 1013.62 Charter schools capital outlay funding.--
26 (1) In each year in which funds are appropriated for
27 charter school capital outlay purposes, the Commissioner of
28 Education shall allocate the funds among eligible charter
29 schools. To be eligible for a funding allocation, a charter
30 school must meet the provisions of subsection (6), must have
31 received final approval from its sponsor pursuant to s.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1002.33 for operation during that fiscal year, and must serve
2 students in facilities that are not provided by the charter
3 school's sponsor. Prior to the release of capital outlay funds
4 to a school district on behalf of the charter school, the
5 Department of Education shall ensure that the district school
6 board and the charter school governing board enter into a
7 written agreement that includes provisions for the reversion
8 of any unencumbered funds and all equipment and property
9 purchased with public education funds to the ownership of the
10 district school board, as provided for in subsection (3), in
11 the event that the school terminates operations. Any funds
12 recovered by the state shall be deposited in the General
13 Revenue Fund. A charter school is not eligible for a funding
14 allocation if it was created by the conversion of a public
15 school and operates in facilities provided by the charter
16 school's sponsor for a nominal fee or at no charge or if it is
17 directly or indirectly operated by the school district. Unless
18 otherwise provided in the General Appropriations Act, the
19 funding allocation for each eligible charter school shall be
20 determined by multiplying the school's projected student
21 enrollment by one-fifteenth of the cost-per-student station
22 specified in s. 1013.64(6)(b) for an elementary, middle, or
23 high school, as appropriate. If the funds appropriated are not
24 sufficient, the commissioner shall prorate the available funds
25 among eligible charter schools. Funds shall be distributed on
26 the basis of the capital outlay full-time equivalent
27 membership by grade level, which shall be calculated by
28 averaging the results of the second and third enrollment
29 surveys. The Department of Education shall distribute capital
30 outlay funds monthly, beginning in the first quarter of the
31 fiscal year, based on one-twelfth of the amount the department
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reasonably expects the charter school to receive during that
2 fiscal year. The commissioner shall adjust subsequent
3 distributions as necessary to reflect each charter school's
4 actual student enrollment as reflected in the second and third
5 enrollment surveys. The commissioner shall establish the
6 intervals and procedures for determining the projected and
7 actual student enrollment of eligible charter schools.
8 (2) A charter school's governing body may use charter
9 school capital outlay funds for any capital outlay purpose
10 that is directly related to the functioning of the charter
11 school, including the:
12 (a) Purchase of real property.
13 (b) Construction, renovation, repair, and maintenance
14 of school facilities.
15 (c) Purchase, lease-purchase, or lease of permanent or
16 relocatable school facilities.
17 (d) Purchase of vehicles to transport students to and
18 from the charter school.
19 (3) When a charter school is nonrenewed or terminated,
20 any unencumbered funds and all equipment and property
21 purchased with district public funds shall revert to the
22 ownership of the district school board, as provided for in s.
23 1002.33(8)(e) and (f). In the case of a charter lab school,
24 any unencumbered funds and all equipment and property
25 purchased with university public funds shall revert to the
26 ownership of the state university that issued the charter. The
27 reversion of such equipment, property, and furnishings shall
28 focus on recoverable assets, but not on intangible or
29 irrecoverable costs such as rental or leasing fees, normal
30 maintenance, and limited renovations. The reversion of all
31 property secured with public funds is subject to the complete
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 satisfaction of all lawful liens or encumbrances. If there are
2 additional local issues such as the shared use of facilities
3 or partial ownership of facilities or property, these issues
4 shall be agreed to in the charter contract prior to the
5 expenditure of funds.
6 (4) The Commissioner of Education shall specify
7 procedures for submitting and approving requests for funding
8 under this section and procedures for documenting
9 expenditures.
10 (5) The annual legislative budget request of the
11 Department of Education shall include a request for capital
12 outlay funding for charter schools. The request shall be based
13 on the projected number of students to be served in charter
14 schools who meet the eligibility requirements of this section.
15 (6) Unless authorized otherwise by the Legislature,
16 allocation and proration of charter school capital outlay
17 funds shall be made to eligible charter schools by the
18 Commissioner of Education in an amount and in a manner
19 authorized by subsection (1).
20 Section 862. Section 1013.63, Florida Statutes, is
21 created to read:
22 1013.63 University Concurrency Trust
23 Fund.--Notwithstanding any other provision of law, the general
24 revenue service charge deducted pursuant to s. 215.20 on
25 revenues raised by any local option motor fuel tax levied
26 pursuant to s. 336.025(1)(b), as created by chapter 93-206,
27 Laws of Florida, shall be deposited in the University
28 Concurrency Trust Fund, which is administered by the State
29 Board of Education. Moneys in such trust fund shall be for the
30 purpose of funding university offsite improvements required to
31 meet concurrency standards adopted under part II of chapter
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 163. In addition, in any year in which campus master plans are
2 updated pursuant to s. 1013.30, but no more frequently than
3 once every 5 years, up to 25 percent of the balance in the
4 trust fund for that year may be used to defray the costs
5 incurred in updating those campus master plans.
6 Section 863. Section 1013.64, Florida Statutes, is
7 created to read:
8 1013.64 Funds for comprehensive educational plant
9 needs; construction cost maximums for school district capital
10 projects.--Allocations from the Public Education Capital
11 Outlay and Debt Service Trust Fund to the various boards for
12 capital outlay projects shall be determined as follows:
13 (1)(a) Funds for remodeling, renovation, maintenance,
14 repairs, and site improvement for existing satisfactory
15 facilities shall be given priority consideration by the
16 Legislature for appropriations allocated to the boards from
17 the total amount of the Public Education Capital Outlay and
18 Debt Service Trust Fund appropriated. These funds shall be
19 calculated pursuant to the following basic formula: the
20 building value times the building age over the sum of the
21 years' digits assuming a 50-year building life. For
22 relocatable facilities, a 20-year life shall be used.
23 "Building value" is calculated by multiplying each building's
24 total assignable square feet times the appropriate
25 net-to-gross conversion rate found in state board rules and
26 that product times the current average new construction cost.
27 "Building age" is calculated by multiplying the prior year's
28 building age times 1 minus the prior year's sum received from
29 this subsection divided by the prior year's building value. To
30 the net result shall be added the number 1. Each board shall
31 receive the percentage generated by the preceding formula of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the total amount appropriated for the purposes of this
2 section.
3 (b) Each board is prohibited from using the funds
4 received pursuant to this section to supplant funds in the
5 current fiscal year approved operating budget, and all
6 budgeted funds shall be expended at a rate not less than would
7 have been expended had the funds under this section not been
8 received.
9 (c) Each remodeling, renovation, maintenance, repair,
10 or site improvement project will expand or upgrade current
11 educational plants to prolong the useful life of the plant.
12 (d) Each board shall maintain fund accounting in a
13 manner which will permit a detailed audit of the funds
14 expended in this program.
15 (e) Remodeling projects shall be based on the
16 recommendations of a survey pursuant to s. 1013.31.
17 (f) At least one-tenth of a board's annual allocation
18 provided under this section shall be spent to correct unsafe,
19 unhealthy, or unsanitary conditions in its educational
20 facilities, as required by s. 1013.12, or a lesser amount
21 sufficient to correct all deficiencies cited in its annual
22 comprehensive safety inspection reports. This paragraph shall
23 not be construed to limit the amount a board may expend to
24 correct such deficiencies.
25 (g) When an existing educational plant is determined
26 to be unsatisfactory pursuant to the survey conducted under s.
27 1013.31, the board may, by resolution, designate the plant as
28 a historic educational facility and may use funds generated
29 for renovation and remodeling pursuant to this section to
30 restore the facility for use by the board. The board shall
31 agree to pay renovation and remodeling costs in excess of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 funds which such facility would have generated through the
2 depreciation formula in paragraph (a) had the facility been
3 determined to be satisfactory. The board shall further agree
4 that the plant shall continue to house students. The board may
5 designate a plant as a historic educational facility only if
6 the Division of Historical Resources of the Department of
7 State or the appropriate historic preservation board under
8 chapter 266 certifies that:
9 1. The plant is listed or determined eligible for
10 listing in the National Register of Historic Places pursuant
11 to the National Historic Preservation Act of 1966, as amended,
12 16 U.S.C. s. 470;
13 2. The plant is designated historic within a certified
14 local district pursuant to s. 48(g)(3)(B)(ii) of the Internal
15 Revenue Code; or
16 3. The division or historic preservation board
17 otherwise finds that the plant is historically significant.
18 (h) University boards of trustees may utilize funds
19 appropriated pursuant to this section for replacement of minor
20 facilities provided that such projects do not exceed $1
21 million in cost or 10,000 gross square feet in size. Minor
22 facilities may not be replaced from funds provided pursuant to
23 this section unless the board determines that the cost of
24 repair or renovation is greater than or equal to the cost of
25 replacement.
26 (2)(a) The department shall establish, as a part of
27 the Public Education Capital Outlay and Debt Service Trust
28 Fund, a separate account, in an amount determined by the
29 Legislature, to be known as the "Special Facility Construction
30 Account." The Special Facility Construction Account shall be
31 used to provide necessary construction funds to school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 districts which have urgent construction needs but which lack
2 sufficient resources at present, and cannot reasonably
3 anticipate sufficient resources within the period of the next
4 3 years, for these purposes from currently authorized sources
5 of capital outlay revenue. A school district requesting
6 funding from the Special Facility Construction Account shall
7 submit one specific construction project, not to exceed one
8 complete educational plant, to the Special Facility
9 Construction Committee. No district shall receive funding for
10 more than one approved project in any 3-year period. The first
11 year of the 3-year period shall be the first year a district
12 receives an appropriation. The department shall encourage a
13 construction program that reduces the average size of schools
14 in the district. The request must meet the following criteria
15 to be considered by the committee:
16 1. The project must be deemed a critical need and must
17 be recommended for funding by the Special Facility
18 Construction Committee. Prior to developing plans for the
19 proposed facility, the district school board must request a
20 preapplication review by the Special Facility Construction
21 Committee or a project review subcommittee convened by the
22 committee to include two representatives of the department and
23 two staff from school districts not eligible to participate in
24 the program. Within 60 days after receiving the preapplication
25 review request, the committee or subcommittee must meet in the
26 school district to review the project proposal and existing
27 facilities. To determine whether the proposed project is a
28 critical need, the committee or subcommittee shall consider,
29 at a minimum, the capacity of all existing facilities within
30 the district as determined by the Florida Inventory of School
31 Houses; the district's pattern of student growth; the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 district's existing and projected capital outlay full-time
2 equivalent student enrollment as determined by the department;
3 the district's existing satisfactory student stations; the use
4 of all existing district property and facilities; grade level
5 configurations; and any other information that may affect the
6 need for the proposed project.
7 2. The construction project must be recommended in the
8 most recent survey or surveys by the district under the rules
9 of the State Board of Education.
10 3. The construction project must appear on the
11 district's approved project priority list under the rules of
12 the State Board of Education.
13 4. The district must have selected and had approved a
14 site for the construction project in compliance with s.
15 1013.36 and the rules of the State Board of Education.
16 5. The district shall have developed a district school
17 board adopted list of facilities that do not exceed the norm
18 for net square feet occupancy requirements under the State
19 Requirements for Educational Facilities, using all possible
20 programmatic combinations for multiple use of space to obtain
21 maximum daily use of all spaces within the facility under
22 consideration.
23 6. Upon construction, the total cost per student
24 station, including change orders, must not exceed the cost per
25 student station as provided in subsection (6).
26 7. There shall be an agreement signed by the district
27 school board stating that it will advertise for bids within 30
28 days of receipt of its encumbrance authorization from the
29 department.
30 8. The district shall, at the time of the request and
31 for a continuing period of 3 years, levy the maximum millage
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 against their nonexempt assessed property value as allowed in
2 s. 1011.71(2) or shall raise an equivalent amount of revenue
3 from the school capital outlay surtax authorized under s.
4 212.055(6). Any district with a new or active project, funded
5 under the provisions of this subsection, shall be required to
6 budget no more than the value of 1.5 mills per year to the
7 project to satisfy the annual participation requirement in the
8 Special Facility Construction Account.
9 9. If a contract has not been signed 90 days after the
10 advertising of bids, the funding for the specific project
11 shall revert to the Special Facility New Construction Account
12 to be reallocated to other projects on the list. However, an
13 additional 90 days may be granted by the commissioner.
14 10. The department shall certify the inability of the
15 district to fund the survey-recommended project over a
16 continuous 3-year period using projected capital outlay
17 revenue derived from s. 9(d), Art. XII of the State
18 Constitution, as amended, paragraph (3)(a) of this section,
19 and s. 1011.71(2).
20 11. The district shall have on file with the
21 department an adopted resolution acknowledging its 3-year
22 commitment of all unencumbered and future revenue acquired
23 from s. 9(d), Art. XII of the State Constitution, as amended,
24 paragraph (3)(a) of this section, and s. 1011.71(2).
25 12. Final phase III plans must be certified by the
26 board as complete and in compliance with the building and life
27 safety codes prior to August 1.
28 (b) The Special Facility Construction Committee shall
29 be composed of the following: two representatives of the
30 Department of Education, a representative from the Governor's
31 office, a representative selected annually by the district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school boards, and a representative selected annually by the
2 superintendents.
3 (c) The committee shall review the requests submitted
4 from the districts, evaluate the ability of the project to
5 relieve critical needs, and rank the requests in priority
6 order. This statewide priority list for special facilities
7 construction shall be submitted to the Legislature in the
8 commissioner's annual capital outlay legislative budget
9 request at least 45 days prior to the legislative session.
10 (3)(a) Each district school board shall receive an
11 amount from the Public Education Capital Outlay and Debt
12 Service Trust Fund to be calculated by computing the capital
13 outlay full-time equivalent membership as determined by the
14 department. Such membership must include, but is not limited
15 to:
16 1. K-12 students, except hospital and homebound
17 part-time students; and
18 2. Students who are career and technical education
19 students, and adult disabled students and who are enrolled in
20 school district technical centers. The capital outlay
21 full-time equivalent membership shall be determined for
22 kindergarten through the 12th grade and for technical centers
23 by averaging the unweighted full-time equivalent student
24 membership for the second and third surveys and comparing the
25 results on a school-by-school basis with the Florida Inventory
26 for School Houses. The capital outlay full-time equivalent
27 membership by grade level organization shall be used in making
28 the following calculations: The capital outlay full-time
29 equivalent membership by grade level organization for the 4th
30 prior year must be used to compute the base-year allocation.
31 The capital outlay full-time equivalent membership by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 grade-level organization for the prior year must be used to
2 compute the growth over the highest of the 3 years preceding
3 the prior year. From the total amount appropriated by the
4 Legislature pursuant to this subsection, 40 percent shall be
5 allocated among the base capital outlay full-time equivalent
6 membership and 60 percent among the growth capital outlay
7 full-time equivalent membership. The allocation within each of
8 these groups shall be prorated to the districts based upon
9 each district's percentage of base and growth capital outlay
10 full-time membership. The most recent 4-year capital outlay
11 full-time equivalent membership data shall be used in each
12 subsequent year's calculation for the allocation of funds
13 pursuant to this subsection. If a change, correction, or
14 recomputation of data during any year results in a reduction
15 or increase of the calculated amount previously allocated to a
16 district, the allocation to that district shall be adjusted
17 correspondingly. If such recomputation results in an increase
18 or decrease of the calculated amount, such additional or
19 reduced amounts shall be added to or reduced from the
20 district's future appropriations. However, no change,
21 correction, or recomputation of data shall be made subsequent
22 to 2 years following the initial annual allocation.
23 (b) Funds accruing to a district school board from the
24 provisions of this section shall be expended on needed
25 projects as shown by survey or surveys under the rules of the
26 State Board of Education.
27 (c) A district school board may lease relocatable
28 educational facilities for up to 3 years using nonbonded PECO
29 funds and for any time period using local capital outlay
30 millage.
31 (d) Funds distributed to the district school boards
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be allocated solely based on the provisions of
2 paragraphs (1)(a) and (2)(a) and paragraph (a) of this
3 subsection. No individual school district projects shall be
4 funded off the top of funds allocated to district school
5 boards.
6 (4)(a) Community college boards of trustees and
7 university boards of trustees shall receive funds for projects
8 based on a 3-year priority list, to be updated annually, which
9 is submitted to the Legislature in the legislative budget
10 request at least 90 days prior to the legislative session. The
11 State Board of Education shall submit a 3-year priority list
12 for community colleges and a 3-year priority list for
13 universities. The lists shall reflect decisions by the State
14 Board of Education concerning program priorities that
15 implement the statewide plan for program growth and quality
16 improvement in education. No remodeling or renovation project
17 shall be included on the 3-year priority list unless the
18 project has been recommended pursuant to s. 1013.31 or is for
19 the purpose of correcting health and safety deficiencies. No
20 new construction project shall be included on the first year
21 of the 3-year priority list unless the educational
22 specifications have been approved by the commissioner for a
23 community college or university project, as applicable. The
24 funds requested for a new construction project in the first
25 year of the 3-year priority list shall be in conformance with
26 the scope of the project as defined in the educational
27 specifications. Any new construction project requested in the
28 first year of the 3-year priority list which is not funded by
29 the Legislature shall be carried forward to be listed first in
30 developing the updated 3-year priority list for the subsequent
31 year's capital outlay budget. Should the order of the priority
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of the projects change from year to year, a justification for
2 such change shall be included with the updated priority list.
3 (b) Community college boards of trustees and
4 university boards of trustees may lease relocatable
5 educational facilities for up to 3 years using nonbonded PECO
6 funds.
7 (c) Community college boards of trustees and
8 university boards of trustees shall receive funds for
9 remodeling, renovation, maintenance and repairs, and site
10 improvement for existing satisfactory facilities pursuant to
11 subsection (1).
12 (5) District school boards shall identify each fund
13 source and the use of each proportionate to the project cost,
14 as identified in the bid document, to assure compliance with
15 this section. The data shall be submitted to the department,
16 which shall track this information as submitted by the boards.
17 PECO funds shall not be expended as indicated in the
18 following:
19 (a) District school boards shall provide landscaping
20 by local funding sources or initiatives. District school
21 boards are exempt from local landscape ordinances but may
22 comply with the local requirements if such compliance is less
23 costly than compliance with the landscape requirements of the
24 Florida Building Code for public educational facilities.
25 (b) PECO funds shall not be used for the construction
26 of football fields, bleachers, site lighting for athletic
27 facilities, tennis courts, stadiums, racquetball courts, or
28 any other competition-type facilities not required for
29 physical education curriculum. Regional or intradistrict
30 football stadiums may be constructed with these funds provided
31 a minimum of two high schools and two middle schools are
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 assigned to the facility and the stadiums are survey
2 recommended. Sophisticated auditoria shall be limited to
3 magnet performing arts schools, with all other schools using
4 basic lighting and sound systems as determined by rule. Local
5 funds shall be used for enhancement of athletic and performing
6 arts facilities.
7 (6)(a) Each district school board must meet all
8 educational plant space needs of its elementary, middle, and
9 high schools before spending funds from the Public Education
10 Capital Outlay and Debt Service Trust Fund or the School
11 District and Community College District Capital Outlay and
12 Debt Service Trust Fund for any ancillary plant or any other
13 new construction, renovation, or remodeling of ancillary
14 space. Expenditures to meet such space needs may include
15 expenditures for site acquisition; new construction of
16 educational plants; renovation, remodeling, and maintenance
17 and repair of existing educational plants, including auxiliary
18 facilities; and the directly related costs of such services of
19 school district personnel. It is not the intent of the
20 Legislature to preclude the use of capital outlay funding for
21 the labor costs necessary to accomplish the authorized uses
22 for the capital outlay funding. Day-labor contracts or any
23 other educational facilities contracting and construction
24 techniques pursuant to s. 1013.45 are authorized.
25 Additionally, if a school district has salaried maintenance
26 staff whose duties consist solely of performing the labor
27 necessary to accomplish the authorized uses for the capital
28 outlay funding, such funding may be used for those salaries;
29 however, if a school district has salaried staff whose duties
30 consist partially of performing the labor necessary to
31 accomplish the authorized uses for the capital outlay funding,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the district shall prorate the portion of salary of each such
2 employee that is based on labor for authorized capital outlay
3 funding, and such funding may be used to pay that portion.
4 (b)1. A district school board must not use funds from
5 the Public Education Capital Outlay and Debt Service Trust
6 Fund or the School District and Community College District
7 Capital Outlay and Debt Service Trust Fund for any new
8 construction of educational plant space with a total cost per
9 student station, including change orders, that equals more
10 than:
11 a. $11,600 for an elementary school,
12 b. $13,300 for a middle school, or
13 c. $17,600 for a high school,
14
15 (1997) as adjusted annually by the Consumer Price Index.
16 2. A district school board must not use funds from the
17 Public Education Capital Outlay and Debt Service Trust Fund or
18 the School District and Community College District Capital
19 Outlay and Debt Service Trust Fund for any new construction of
20 an ancillary plant that exceeds 70 percent of the average cost
21 per square foot of new construction for all schools.
22 (c) Except as otherwise provided, new construction
23 initiated by a district school board after June 30, 1997, must
24 not exceed the cost per student station as provided in
25 paragraph (b).
26 (d) The department shall compute for each calendar
27 year the statewide average construction costs for facilities
28 serving each instructional level, for relocatable educational
29 facilities, for administrative facilities, and for other
30 ancillary and auxiliary facilities. The department shall
31 compute the statewide average costs per student station for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 each instructional level. Cost per student station includes
2 contract costs, legal and administrative costs, fees of
3 architects and engineers, furniture and equipment, and site
4 improvement costs. Cost per student station does not include
5 the cost of purchasing or leasing the site for the
6 construction or the cost of related offsite improvements.
7 (e) The restrictions of this subsection on the cost
8 per student station of new construction do not apply to a
9 project funded entirely from proceeds received by districts
10 through provisions of ss. 212.055 and 1011.73 and s. 9, Art.
11 VII of the State Constitution, if the school board approves
12 the project by majority vote.
13 Section 864. Section 1013.65, Florida Statutes, is
14 created to read:
15 1013.65 Educational and ancillary plant construction
16 funds; Public Education Capital Outlay and Debt Service Trust
17 Fund; allocation of funds.--
18 (1) The commissioner, through the department, shall
19 administer the Public Education Capital Outlay and Debt
20 Service Trust Fund. The commissioner shall allocate or
21 reallocate funds as authorized by the Legislature. Copies of
22 each allocation or reallocation shall be provided to members
23 of the State Board of Education and to the chairs of the House
24 of Representatives and Senate appropriations committees. The
25 commissioner shall provide for timely encumbrances of funds
26 for duly authorized projects. Encumbrances may include
27 proceeds to be received under a resolution approved by the
28 State Board of Education authorizing the issuance of public
29 education capital outlay bonds pursuant to s. 9(a)(2), Art.
30 XII of the State Constitution, s. 215.61, and other applicable
31 law. The commissioner shall provide for the timely
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 disbursement of moneys necessary to meet the encumbrance
2 authorizations of the boards. Records shall be maintained by
3 the department to identify legislative appropriations,
4 allocations, encumbrance authorizations, disbursements,
5 transfers, investments, sinking funds, and revenue receipts by
6 source. The Department of Education shall pay the
7 administrative costs of the Public Education Capital Outlay
8 and Debt Service Trust Fund from the funds which comprise the
9 trust fund.
10 (2)(a) The Public Education Capital Outlay and Debt
11 Service Trust Fund shall be comprised of the following
12 sources, which are hereby appropriated to the trust fund:
13 1. Proceeds, premiums, and accrued interest from the
14 sale of public education bonds and that portion of the
15 revenues accruing from the gross receipts tax as provided by
16 s. 9(a)(2), Art. XII of the State Constitution, as amended,
17 interest on investments, and federal interest subsidies.
18 2. General revenue funds appropriated to the fund for
19 educational capital outlay purposes.
20 3. All capital outlay funds previously appropriated
21 and certified forward pursuant to s. 216.301.
22 (b) Any funds required by law to be segregated or
23 maintained in separate accounts shall be segregated or
24 maintained in such manner that the relationship between
25 program and revenue source is retained. Nothing in this
26 subsection shall be construed so as to limit the use by the
27 Public Education Capital Outlay and Debt Service Trust Fund of
28 the resources of funds so segregated or maintained.
29 (3) Upon the request of each board, the department
30 shall distribute to the board an amount sufficient to cover
31 capital outlay disbursements anticipated from encumbrance
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 authorizations for the following month. For projects costing
2 in excess of $50,000, contracts shall be approved and signed
3 before any disbursements are authorized.
4 (4) The department may authorize each board to enter
5 into contracts for a period exceeding 1 year, within amounts
6 appropriated and budgeted for fixed capital outlay needs; but
7 any contract so made shall be executory only for the value of
8 the services to be rendered, or agreed to be paid for, in
9 succeeding fiscal years. This subsection shall be incorporated
10 verbatim in all executory contracts of a board.
11 (5) No board shall, during any fiscal year, expend any
12 money, incur any liability, or enter into any contract which,
13 by its terms, involves expenditure of money in excess of the
14 amounts appropriated and budgeted or in excess of the cash
15 that will be available to meet the disbursement requirements.
16 Prior to entering into an executory, or any other, contract, a
17 board shall obtain certification from the department that
18 moneys will be available to meet the disbursement
19 requirements. Any contract, verbal or written, made in
20 violation of this subsection shall be null and void, and no
21 payment shall be made thereon.
22 (6) The State Board of Administration is authorized to
23 invest the trust funds of any state-supported retirement
24 system, and any other state funds available for loans, to the
25 trust fund at a rate of interest that is no less favorable
26 than would have been received had such moneys been invested in
27 accordance with authorized practices.
28 (7) Boards and entities authorized to participate in
29 the trust fund are district school boards, the community
30 college boards of trustees, the Trustees of the Florida School
31 for the Deaf and the Blind, and university boards of trustees
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and other units of the state system of public education, and
2 other educational entities for which funds are authorized by
3 the Legislature.
4 (8) The department shall make a monthly report, by
5 project, of requests for encumbrance authorization from each
6 agency. Each project shall be tracked in the following manner:
7 (a) The date the request is received;
8 (b) The anticipated encumbrance date requested by the
9 agency;
10 (c) The date the project is eligible for encumbrance
11 authorization; and
12 (d) The date the encumbrance authorization is issued.
13 (9) The department shall make a monthly report:
14 (a) Showing the amount of cash disbursed to the agency
15 from each appropriated allocation and the amount of cash
16 disbursed by the agency to vendors or contractors from each
17 appropriated allocation, by month.
18 (b) Showing updated adjustments to the budget fiscal
19 year forecast for appropriations, encumbrances, disbursements,
20 and cash available for encumbrance status.
21 Section 865. Section 1013.66, Florida Statutes, is
22 created to read:
23 1013.66 Financing of approved capital projects.--
24 (1) Capital projects are to be financed in accordance
25 with s. 9(a)(2), Art. XII of the State Constitution, as
26 amended, or from other legally available state funds or
27 grants, donations, or matching funds, or by a combination of
28 such funds.
29 (2) The sum designated annually by the Legislature is
30 the maximum sum to be expended from funds accruing under s.
31 9(a)(2), Art. XII of the State Constitution, as amended, and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 from funds accruing under s. 1013.65(2). However, funds
2 appropriated from this source and remaining unexpended from
3 previously authorized capital projects, along with grants,
4 donations, and matching funds from other sources, may be added
5 to such maximum sums for any item or category.
6 (3) No transfers between appropriations shall be made
7 without prior approval under the provisions of chapter 216.
8 (4) To the extent that appropriations authority for
9 entitlements from previous years was used for advanced
10 funding, that authority is hereby restored to the projects for
11 which appropriations were made by the Legislature in those
12 previous years.
13 Section 866. Section 1013.67, Florida Statutes, is
14 created to read:
15 1013.67 Commissioner to provide for encumbrances of
16 funds.--The Commissioner of Education shall provide for timely
17 encumbrances of funds for duly authorized projects.
18 Encumbrances may include proceeds to be received under a
19 resolution approved by the State Board of Education
20 authorizing the issuance of 1997 school capital outlay bonds
21 pursuant to s. 11(d), Art. VII of the State Constitution, s.
22 1013.70, and other applicable law.
23 Section 867. Section 1013.68, Florida Statutes, is
24 created to read:
25 1013.68 Classrooms First Program; uses.--
26 (1) The Commissioner of Education shall allocate funds
27 appropriated for the Classrooms First Program among the
28 district school boards. It is the intent of the Legislature
29 that this program be administered as nearly as practicable in
30 the same manner as the capital outlay program authorized under
31 s. 9(d), Art. XII of the State Constitution. Each district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 school board's share of the annual appropriation for the
2 Classrooms First Program must be calculated according to the
3 following formula, but the share of each district shall, at a
4 minimum, be at least equal to the amount required for all
5 payments of the district relating to bonds issued by the state
6 on its behalf:
7 (a) Twenty-five percent of the appropriation shall be
8 prorated to the districts based on each district's percentage
9 of base capital outlay full-time equivalent membership; and 65
10 percent shall be based on each district's percentage of growth
11 capital outlay full-time equivalent membership as specified
12 for the allocation of funds from the Public Education Capital
13 Outlay and Debt Service Trust Fund by s. 1013.64(3).
14 (b) Ten percent of the appropriation must be allocated
15 among district school boards according to the allocation
16 formula in s. 1013.64(1)(a).
17 (2) A district school board shall expend the funds
18 received pursuant to this section only to:
19 (a) Construct, renovate, remodel, repair, or maintain
20 educational facilities; or
21 (b) Pay debt service on bonds issued pursuant to this
22 section, the proceeds of which must be expended for new
23 construction, remodeling, renovation, and major repairs. Bond
24 proceeds shall be expended first for providing permanent
25 classroom facilities. Bond proceeds shall not be expended for
26 any other facilities until all unmet needs for permanent
27 classrooms and auxiliary facilities as defined in s. 1013.01
28 have been satisfied.
29
30 However, if more than 9 percent of a district's total square
31 feet is more than 50 years old, the district must spend at
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 least 25 percent of its allocation on the renovation, major
2 repair, or remodeling of existing schools, except that
3 districts with fewer than 10,000 full-time equivalent students
4 are exempt from this requirement.
5 (3) Each district school board that pledges moneys
6 under paragraph (2)(b) shall notify the Department of
7 Education of its election at a time set by the department. The
8 Department of Education shall review the proposal of each
9 district school board for compliance with this section and
10 shall forward all approved proposals to the Division of Bond
11 Finance with a request to issue bonds on behalf of the
12 approved school districts. The Division of Bond Finance shall
13 pool the pledges from all school districts making the election
14 in that year and shall issue the bonds on behalf of the
15 districts for a period not to exceed the distributions to be
16 received under s. 24.121(2). The bonds must be issued in
17 accordance with s. 11(d), Art. VII of the State Constitution,
18 and each project to be constructed with the proceeds of bonds
19 is hereby approved as provided in s. 11(f), Art. VII of the
20 State Constitution. The bonds shall be issued pursuant to the
21 State Bond Act to the extent not inconsistent with this
22 section.
23 (4) Bonds issued under this section must be validated
24 as prescribed by chapter 75. The complaint for the validation
25 must be filed in the circuit court of the county where the
26 seat of state government is situated; the notice required to
27 be published by s. 75.06 must be published only in the county
28 where the complaint is filed; and the complaint and order of
29 the circuit court must be served only on the state attorney of
30 the circuit in which the action is pending. The state
31 covenants with holders of bonds issued under this section that
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 it will not take any action that will materially and adversely
2 affect the rights of such holders so long as such bonds are
3 outstanding. The state does hereby additionally authorize the
4 establishment of a covenant in connection with the bonds which
5 provides that any additional funds received by the state from
6 new or enhanced lottery programs, video gaming, or other
7 similar activities will first be available for payments
8 relating to bonds pledging revenues available pursuant to s.
9 24.121(2), prior to use for any other purpose.
10 (5) A school district may only receive a distribution
11 for use pursuant to paragraph (2)(a) if the district school
12 board certifies to the Commissioner of Education that the
13 district has no unmet need for permanent classroom facilities
14 in its 5-year capital outlay work plan. If the work plan
15 contains such unmet needs, the district must use its
16 distribution for the payment of bonds pursuant to paragraph
17 (2)(b). If the district does not require its full bonded
18 distribution to eliminate such unmet need, it may bond only
19 that portion of its allocation necessary to meet the needs.
20 Section 868. Section 1013.69, Florida Statutes, is
21 created to read:
22 1013.69 Full bonding required to participate in
23 programs.--Any district with unused bonding capacity in its
24 Capital Outlay and Debt Service Trust Fund allocation that
25 certifies in its district facilities work program that it will
26 not be able to meet all of its need for new student stations
27 within existing revenues must fully bond its Capital Outlay
28 and Debt Service Trust Fund allocation before it may
29 participate in Classrooms First, the School Infrastructure
30 Thrift (SIT) Program, or the Effort Index Grants Program.
31 Section 869. Section 1013.70, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created to read:
2 1013.70 The 1997 School Capital Outlay Bond
3 Program.--There is hereby established the 1997 School Capital
4 Outlay Bond Program.
5 (1) The issuance of revenue bonds payable from the
6 first lottery revenues transferred to the Educational
7 Enhancement Trust Fund each fiscal year, as provided by s.
8 24.121(2), is authorized to finance or refinance the
9 construction, acquisition, reconstruction, or renovation of
10 educational facilities. Such bonds shall be issued pursuant to
11 and in compliance with the provisions of s. 11(d), Art. VII of
12 the State Constitution, the provisions of the State Bond Act,
13 ss. 215.57-215.83, as amended, and the provisions of this
14 section. The state does hereby covenant with the holders of
15 such revenue bonds that it will not take any action which will
16 materially and adversely affect the rights of such holders so
17 long as bonds authorized by this section are outstanding. The
18 state does hereby additionally authorize the establishment of
19 a covenant in connection with the bonds which provides that
20 any additional funds received by the state from new or
21 enhanced lottery programs, video gaming, or other similar
22 activities will first be available for payments relating to
23 bonds pledging revenues available pursuant to s. 24.121(2),
24 prior to use for any other purpose.
25 (2) The bonds shall be issued by the Division of Bond
26 Finance of the State Board of Administration on behalf of the
27 Department of Education in such amount as shall be requested
28 by resolution of the State Board of Education. However, debt
29 service and other amounts payable with respect to the bonds
30 issued pursuant to this section shall not exceed $35 million
31 in any state fiscal year.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) Proceeds available from bond sales shall be
2 deposited in the Educational Enhancement Trust Fund within the
3 Department of Education.
4 (4) The facilities to be financed with the proceeds of
5 such bonds are designated as state fixed capital outlay
6 projects for purposes of s. 11(d), Art. VII of the State
7 Constitution and the specific facilities to be financed shall
8 be determined by the Department of Education in accordance
9 with state law and appropriations from the Educational
10 Enhancement Trust Fund. Each educational facility to be
11 financed with the proceeds of the bonds issued pursuant to
12 this section is hereby approved as required by s. 11(f), Art.
13 VII of the State Constitution.
14 (5) Bonds issued pursuant to this section shall be
15 validated in the manner provided by chapter 75. The complaint
16 for such validation shall be filed in the circuit court of the
17 county where the seat of state government is situated, the
18 notice required to be published by s. 75.06 shall be published
19 only in the county where the complaint is filed, and the
20 complaint and order of the circuit court shall be served only
21 on the state attorney of the circuit in which the action is
22 pending.
23 Section 870. Section 1013.71, Florida Statutes, is
24 created to read:
25 1013.71 Lottery Capital Outlay and Debt Service Trust
26 Fund.--
27 (1)(a) The Lottery Capital Outlay and Debt Service
28 Trust Fund is hereby created, to be administered by the
29 Department of Education. Funds shall be credited to the trust
30 fund from legislative appropriations and interest earnings.
31 The purpose of the trust fund is to maintain and account for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 lottery funds appropriated for fixed capital outlay and debt
2 service separately from lottery funds appropriated for current
3 operations.
4 (b) Notwithstanding the provisions of s. 216.301 and
5 pursuant to s. 216.351, any balance in the trust fund at the
6 end of any fiscal year shall remain in the trust fund and
7 shall be available for carrying out the purposes of the trust
8 fund.
9 (2) Lottery funds appropriated for fixed capital
10 outlay and debt service, along with any interest earned
11 thereon, shall be transferred from the Educational Enhancement
12 Trust Fund to the Lottery Capital Outlay and Debt Service
13 Trust Fund.
14 (3) Pursuant to the provisions of s. 19(f)(3), Art.
15 III of the State Constitution, the trust fund is not subject
16 to termination under s. 19(f)(2), Art. III of the State
17 Constitution.
18 Section 871. Section 1013.72, Florida Statutes, is
19 created to read:
20 1013.72 SIT Program award eligibility; maximum cost
21 per student station of educational facilities; frugality
22 incentives; recognition awards.--
23 (1) It is the intent of the Legislature that district
24 school boards that seek awards of SIT Program funds use due
25 diligence and sound business practices in the design,
26 construction, and use of educational facilities.
27 (2) A school district may seek an award from the SIT
28 Program, pursuant to this section and s. 1013.42, based on the
29 district's new construction of educational facilities if the
30 cost per student station is less than:
31 (a) $11,600 for an elementary school,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) $13,300 for a middle school, or
2 (c) $17,600 for a high school,
3
4 (1997) as adjusted annually by the Consumer Price Index. The
5 award shall be up to 50 percent of such savings, as
6 recommended by the Office of Educational Facilities and SMART
7 Schools Clearinghouse.
8 (3) A school district may seek a SMART school of the
9 year recognition award for building the highest quality
10 functional, frugal school. The commissioner may present a
11 trophy or plaque and a cash award to the school recommended by
12 the Office of Educational Facilities and SMART Schools
13 Clearinghouse for a SMART school of the year recognition
14 award.
15 Section 872. Section 1013.73, Florida Statutes, is
16 created to read:
17 1013.73 Effort index grants for school district
18 facilities.--
19 (1) The Legislature hereby allocates for effort index
20 grants the sum of $300 million from the funds appropriated
21 from the Educational Enhancement Trust Fund by s. 46, chapter
22 97-384, Laws of Florida, contingent upon the sale of school
23 capital outlay bonds. From these funds, the Commissioner of
24 Education shall allocate to the four school districts deemed
25 eligible for an effort index grant by the SMART Schools
26 Clearinghouse the sums of $7,442,890 to the Clay County School
27 District, $62,755,920 to the Dade County School District,
28 $1,628,590 to the Hendry County School District, and $414,950
29 to the Madison County School District. The remaining funds
30 shall be allocated among the remaining district school boards
31 that qualify for an effort index grant by meeting the local
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 capital outlay effort criteria in paragraph (a) or paragraph
2 (b).
3 (a) Between July 1, 1995, and June 30, 1999, the
4 school district received direct proceeds from the
5 one-half-cent sales surtax for public school capital outlay
6 authorized by s. 212.055(6) or from the local government
7 infrastructure sales surtax authorized by s. 212.055(2).
8 (b) The school district met two of the following
9 criteria:
10 1. Levied the full 2 mills of nonvoted discretionary
11 capital outlay authorized by s. 1011.71(2) during 1995-1996,
12 1996-1997, 1997-1998, and 1998-1999.
13 2. Levied a cumulative voted millage for capital
14 outlay and debt service equal to 2.5 mills for fiscal years
15 1995 through 1999.
16 3. Received proceeds of school impact fees greater
17 than $500 per dwelling unit which were in effect on July 1,
18 1998.
19 4. Received direct proceeds from either the
20 one-half-cent sales surtax for public school capital outlay
21 authorized by s. 212.055(6) or from the local government
22 infrastructure sales surtax authorized by s. 212.055(2).
23 (2) It is the intent of the Legislature that this
24 program be administered as nearly as is practicable in the
25 same manner as the capital outlay program authorized under s.
26 9(d), Art. XII of the State Constitution. Each district school
27 board's share of the appropriation for the effort index grants
28 must be calculated according to the following formula using
29 the same basis as the Classrooms First allocation formula, but
30 the share of each district shall, at a minimum, be at least
31 equal to the amount required for all payments of the district
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 relating to bonds issued by the state on its behalf:
2 (a) Twenty-five percent of the appropriation shall be
3 prorated to the districts based on each district's percentage
4 of base capital outlay full-time-equivalent membership; and 65
5 percent shall be based on each district's percentage of growth
6 capital outlay full-time-equivalent membership as specified
7 for the allocation of funds from the Public Education Capital
8 Outlay and Debt Service Trust Fund by s. 1013.64(3).
9 (b) Ten percent of the appropriation must be allocated
10 among district school boards according to the allocation
11 formula in s. 1013.64(1)(a).
12 (3) A district school board shall expend the funds
13 received under this section only to:
14 (a) Construct, renovate, remodel, repair, or maintain
15 educational facilities; or
16 (b) Pay debt service on bonds issued under this
17 section, the proceeds of which must be expended for new
18 construction, remodeling, renovation, and major repairs. Bond
19 proceeds shall be expended first for providing permanent
20 classroom facilities and related auxiliary facilities. Bond
21 proceeds may not be expended for any other facilities until
22 all unmet needs for permanent classrooms and auxiliary
23 facilities as defined in s. 1013.01 have been satisfied.
24
25 However, if more than 9 percent of a district's total square
26 feet is more than 50 years old, the district must spend at
27 least 25 percent of its allocation on the renovation, major
28 repair, or remodeling of existing schools, except that
29 districts having fewer than 10,000 full-time equivalent
30 students are exempt from this requirement.
31 (4) Each district school board that pledges moneys
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 under paragraph (3)(b) shall notify the Department of
2 Education of its election at a time set by the department. The
3 Department of Education shall review the proposal of each
4 district school board for compliance with this section and
5 shall forward all approved proposals to the Division of Bond
6 Finance with a request to issue bonds on behalf of the
7 approved school districts.
8 (5) A district school board that chooses to pledge
9 allocations from the Classrooms First Program for the issuance
10 of bonds must encumber those bond proceeds before pledging
11 funds for the payment of debt service on bonds issued pursuant
12 to this section.
13 (6) A school district may receive a distribution for
14 use pursuant to paragraph (3)(a) only if the district school
15 board certifies to the Commissioner of Education that the
16 district has no unmet need for permanent classroom facilities
17 in its 5-year capital outlay work plan. If the work plan
18 contains such unmet needs, the district must use its
19 distribution for the payment of bonds under paragraph (2)(b).
20 If the district does not require its full bonded distribution
21 to eliminate such unmet needs, it may bond only that portion
22 of its allocation necessary to meet the needs.
23 Section 873. Section 1013.74, Florida Statutes, is
24 created to read:
25 1013.74 University authorization for fixed capital
26 outlay projects.--
27 (1) Notwithstanding the provisions of chapter 216,
28 including s. 216.351, a university may accomplish fixed
29 capital outlay projects consistent with the provisions of this
30 section. Projects authorized by this section shall not require
31 educational plant survey approval as prescribed in chapter
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 235.
2 (2) The following types of projects may be
3 accomplished pursuant to this section:
4 (a) Construction of any new buildings, or remodeling
5 of existing buildings, when funded from nonstate sources such
6 as federal grant funds, private gifts, grants, or lease
7 arrangements if such grants or gifts are given for the
8 specific purpose of construction;
9 (b) The replacement of any buildings destroyed by fire
10 or other calamity;
11 (c) Construction of projects financed as provided in
12 ss. 1010.60-1010.619 or 1013.71;
13 (d) Construction of new facilities or remodeling of
14 existing facilities to meet needs for research, provided that
15 such projects are financed pursuant to s. 1004.22; or
16 (e) Construction of facilities or remodeling of
17 existing facilities to meet needs as determined by the
18 university, provided that the amount of funds for any such
19 project does not exceed $1 million, and the trust funds, other
20 than the funds used to accomplish projects contemplated in
21 this subsection, are authorized and available for such
22 purposes.
23 (3) Other than those projects currently authorized, no
24 project proposed by a university which is to be funded from
25 Capital Improvement Trust Fund fees or building fees shall be
26 submitted to the State Board of Education for approval without
27 prior consultation with the student government association of
28 that university. The State Board of Education shall promulgate
29 rules which are consistent with this requirement.
30 (4) The university board of trustees shall, in
31 consultation with local and state emergency management
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 agencies, assess existing facilities to identify the extent to
2 which each campus has public hurricane evacuation shelter
3 space. The board shall submit to the Governor and the
4 Legislature by August 1 of each year a 5-year capital
5 improvements program that identifies new or retrofitted
6 facilities that will incorporate enhanced hurricane resistance
7 standards and that can be used as public hurricane evacuation
8 shelters. Enhanced hurricane resistance standards include
9 fixed passive protection for window and door applications to
10 provide mitigation protection, security protection with
11 egress, and energy efficiencies that meet standards required
12 in the 130-mile-per-hour wind zone areas. The board must also
13 submit proposed facility retrofit projects to the Department
14 of Community Affairs for assessment and inclusion in the
15 annual report prepared in accordance with s. 252.385(3). Until
16 a regional planning council region in which a campus is
17 located has sufficient public hurricane evacuation shelter
18 space, any campus building for which a design contract is
19 entered into subsequent to July 1, 2001, and which has been
20 identified by the board, with the concurrence of the local
21 emergency management agency or the Department of Community
22 Affairs, to be appropriate for use as a public hurricane
23 evacuation shelter, must be constructed in accordance with
24 public shelter standards.
25 Section 874. Section 1013.75, Florida Statutes, is
26 created to read:
27 1013.75 Cooperative funding of career and technical
28 educational facilities.--
29 (1) Each district school board operating a designated
30 technical center may submit, prior to August 1 of each year, a
31 request to the commissioner for funds from the Public
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Education Capital Outlay and Debt Service Trust Fund to plan,
2 construct, and equip a career and technical educational
3 facility identified as being critical to the economic
4 development and the workforce needs of the school district.
5 Prior to submitting a request, each school district shall:
6 (a) Adopt and submit to the commissioner a resolution
7 indicating its commitment to fund the planning, construction,
8 and equipping of the proposed facility at 40 percent of the
9 requested project amount. The resolution shall also designate
10 the locale of the proposed facility. If funds from a private
11 or noneducational public entity are to be committed to the
12 project, then a joint resolution shall be required.
13 (b) Except as provided in paragraph (5)(b), levy the
14 maximum millage against the nonexempt assessed property value
15 as provided in s. 1011.71(2).
16 (c) Certify to the Office of Workforce and Economic
17 Development that the project has been survey recommended.
18 (d) Certify to the Office of Workforce and Economic
19 Development that final phase III construction documents comply
20 with applicable building codes and life safety codes.
21 (e) Sign an agreement that the district school board
22 shall advertise for bids within 90 days of receiving an
23 encumbrance authorization from the department.
24 (f) If a construction contract has not been signed 90
25 days after the advertising of bids, certify to the Office of
26 Workforce and Economic Development and the department the
27 cause for delay. Upon request, an additional 90 days may be
28 granted by the commissioner.
29 (2) The Office of Workforce and Economic Development
30 shall establish the need for additional career and technical
31 education programs and the continuation of existing programs
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 before facility construction or renovation related to career
2 and technical education can be included in the educational
3 plant survey. Information used by the Office of Workforce and
4 Economic Development to establish facility needs shall
5 include, but not be limited to, labor market needs analysis
6 and information submitted by the school districts.
7 (3) The total cost of the proposed facility shall be
8 determined by the district school board using established
9 state board averages for determining new construction cost.
10 (4)(a) A career and technical education construction
11 committee shall be composed of the following: three
12 representatives from the Department of Education and one
13 representative from the Executive Office of the Governor.
14 (b) The committee shall review and evaluate the
15 requests submitted from the school districts and rank the
16 requests in priority order in accordance with statewide
17 critical needs. This statewide priority list shall be
18 submitted to the commissioner.
19 (c) The commissioner's legislative capital outlay
20 budget request may include up to 2 percent of the new
21 construction allocation to public schools for career and
22 technical capital outlay projects recommended by the career
23 and technical education construction committee.
24 (5)(a) Upon approval of a project, the commissioner
25 shall include up to 60 percent of the total cost of the
26 project in the legislative capital outlay budget request as
27 provided in s. 1013.60 for educational plants. The
28 participating district school board shall provide 40 percent
29 of the total cost of the project. When practical, the district
30 school board shall solicit and encourage a private or
31 noneducational public entity to commit to finance a portion of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the funds to complete the planning, construction, and
2 equipping of the facility. If a site does not exist, the
3 purchase price or, if donated, the assessed value of a site
4 may be included in meeting the funding requirements of the
5 district school board, a private or noneducational public
6 entity, or the educational agency. The value of existing
7 sites, intended to satisfy any portion of the funding
8 requirement of a private or noneducational public entity,
9 shall be determined by an independent appraiser under contract
10 with the board. The size of the site to adequately provide for
11 the implementation of the proposed educational programs shall
12 be determined by the board. Funds from the Public Education
13 Capital Outlay and Debt Service Trust Fund may not be expended
14 on any project unless specifically authorized by the
15 Legislature.
16 (b) In the event that a school district is not levying
17 the maximum millage against the nonexempt assessed property
18 value pursuant to paragraph (1)(b), state and school district
19 funding pursuant to paragraph (a) shall be reduced by the same
20 proportion as the millage actually being levied bears to the
21 maximum allowable millage.
22 Section 875. Section 1013.76, Florida Statutes, is
23 created to read:
24 1013.76 Multiyear capital improvement contracts.--Any
25 provision of chapters 1010 and 1011 to the contrary
26 notwithstanding, school districts are authorized to award
27 capital improvement contracts involving expenditures to be
28 incurred for a period of more than 1 year on the basis of
29 voter-authorized and unissued general obligation bonding
30 authority, provided that sufficient funds are available to,
31 and budgeted by, the school district to pay actual
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 disbursements during any fiscal year.
2 Section 876. Section 1013.78, Florida Statutes, is
3 created to read:
4 1013.78 Approval required for certain
5 university-related facility acquisitions.--
6 (1) No university or university direct-support
7 organization shall construct, accept, or purchase facilities
8 for which the state will be asked for operating funds unless
9 there has been prior approval for construction or acquisition
10 granted by the Legislature.
11 (2) Legislative approval shall not be required for
12 renovations, remodeling, replacement of existing facilities or
13 construction of minor projects as defined in s. 1013.64.
14 Section 877. Section 1013.79, Florida Statutes, is
15 created to read:
16 1013.79 University Facility Enhancement Challenge
17 Grant Program.--
18 (1) The Legislature recognizes that the universities
19 do not have sufficient physical facilities to meet the current
20 demands of their instructional and research programs. It
21 further recognizes that, to strengthen and enhance
22 universities, it is necessary to provide facilities in
23 addition to those currently available from existing revenue
24 sources. It further recognizes that there are sources of
25 private support that, if matched with state support, can
26 assist in constructing much-needed facilities and strengthen
27 the commitment of citizens and organizations in promoting
28 excellence throughout the state universities. Therefore, it is
29 the intent of the Legislature to establish a trust fund to
30 provide the opportunity for each university to receive and
31 match challenge grants for instructional and research-related
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 capital facilities within the university.
2 (2) There is hereby established the Alec P. Courtelis
3 University Facility Enhancement Challenge Grant Program for
4 the purpose of assisting universities build high priority
5 instructional and research-related capital facilities,
6 including common areas connecting such facilities. The
7 associated foundations that serve the universities shall
8 solicit gifts from private sources to provide matching funds
9 for capital facilities. For the purposes of this act, private
10 sources of funds shall not include any federal, state, or
11 local government funds that a university may receive.
12 (3) There is established the Alec P. Courtelis Capital
13 Facilities Matching Trust Fund for the purpose of providing
14 matching funds from private contributions for the development
15 of high priority instructional and research-related capital
16 facilities, including common areas connecting such facilities,
17 within a university. The Legislature shall appropriate funds
18 to be transferred to the trust fund. The Public Education
19 Capital Outlay and Debt Service Trust Fund, Capital
20 Improvement Trust Fund, Division of Sponsored Research Trust
21 Fund, and Contracts and Grants Trust Fund shall not be used as
22 the source of the state match for private contributions. All
23 appropriated funds deposited into the trust fund shall be
24 invested pursuant to the provisions of s. 18.125. Interest
25 income accruing to that portion of the trust fund shall
26 increase the total funds available for the challenge grant
27 program. Interest income accruing from the private donations
28 shall be returned to the participating foundation upon
29 completion of the project. The State Board of Education shall
30 administer the trust fund and all related construction
31 activities.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (4) No project shall be initiated unless all private
2 funds for planning, construction, and equipping the facility
3 have been received and deposited in the trust fund and the
4 state's share for the minimum amount of funds needed to begin
5 the project has been appropriated by the Legislature. The
6 Legislature may appropriate the state's matching funds in one
7 or more fiscal years for the planning, construction, and
8 equipping of an eligible facility. However, these requirements
9 shall not preclude the university from expending available
10 funds from private sources to develop a prospectus, including
11 preliminary architectural schematics and/or models, for use in
12 its efforts to raise private funds for a facility.
13 Additionally, any private sources of funds expended for this
14 purpose are eligible for state matching funds should the
15 project materialize as provided for in this section.
16 (5) To be eligible to participate in the Alec P.
17 Courtelis Capital Facilities Matching Trust Fund, a university
18 shall raise a contribution equal to one-half of the total cost
19 of a facilities construction project from private
20 nongovernmental sources which shall be matched by a state
21 appropriation equal to the amount raised for a facilities
22 construction project subject to the General Appropriations
23 Act.
24 (6) If the state's share of the required match is
25 insufficient to meet the requirements of subsection (5), the
26 university shall renegotiate the terms of the contribution
27 with the donors. If the project is terminated, each private
28 donation, plus accrued interest, reverts to the foundation for
29 remittance to the donor.
30 (7) By September 1 of each year, the State Board of
31 Education shall transmit to the Legislature a list of projects
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 which meet all eligibility requirements to participate in the
2 Alec P. Courtelis Capital Facilities Matching Trust Fund and a
3 budget request which includes the recommended schedule
4 necessary to complete each project.
5 (8) In order for a project to be eligible under this
6 program, it must be included in the university 5-year Capital
7 Improvement Plan and must receive prior approval from the
8 State Board of Education and the Legislature.
9 (9) No university's project shall be removed from the
10 approved 3-year PECO priority list because of its successful
11 participation in this program until approved by the
12 Legislature and provided for in the General Appropriations
13 Act. When such a project is completed and removed from the
14 list, all other projects shall move up on the 3-year PECO
15 priority list. A university shall not use PECO funds,
16 including the Capital Improvement Trust Fund fee and the
17 building fee, to complete a project under this section.
18 (10) Any project funds that are unexpended after a
19 project is completed shall revert to the Capital Facilities
20 Matching Trust Fund. Fifty percent of such unexpended funds
21 shall be reserved for the university which originally received
22 the private contribution for the purpose of providing private
23 matching funds for future facility construction projects as
24 provided in this section. The balance of such unexpended funds
25 shall be available to any state university for future facility
26 construction projects conducted pursuant to this section.
27 (11) The surveys, architectural plans, facility, and
28 equipment shall be the property of the State of Florida. A
29 facility constructed pursuant to this section may be named in
30 honor of a donor at the option of the university and the State
31 Board of Education. No facility shall be named after a living
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 person without prior approval by the Legislature.
2 Section 878. Section 1013.81, Florida Statutes, is
3 created to read:
4 1013.81 Community college indebtedness; bonds and tax
5 anticipation certificates; payment.--
6 (1) The indebtedness incurred for the benefit of
7 community colleges and represented by bonds or motor vehicle
8 tax anticipation certificates issued from time to time by the
9 State Board of Education, hereinafter called "state board,"
10 pursuant to s. 18, Art. XII of the State Constitution of 1885
11 on behalf of the several former county boards of public
12 instruction shall not be considered by the state board in
13 determining the amount of bonds or motor vehicle tax
14 anticipation certificates which the state board may issue from
15 time to time on behalf of the several school districts under
16 the provisions of s. 9(d), Art. XII of the State Constitution,
17 as amended at the general election held on November 7, 1972,
18 hereinafter called "school capital outlay amendment." Such
19 indebtedness incurred on behalf of community colleges, as
20 described above, shall be considered by the state board in
21 determining the amount of bonds or motor vehicle tax
22 anticipation certificates which the state board may issue from
23 time to time on behalf of the several community college
24 districts under the provisions of the school capital outlay
25 amendment.
26 (2) The debt service requirements on the indebtedness
27 incurred for the benefit of community colleges and represented
28 by bonds or motor vehicle tax anticipation certificates issued
29 from time to time by the state board on behalf of the several
30 former county boards of public instruction, as described in
31 subsection (1), shall be paid from funds distributable
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pursuant to the school capital outlay amendment to the credit
2 of the several community college districts, and not from funds
3 distributable pursuant to the school capital outlay amendment
4 to the credit of the several school districts.
5 (3) Nothing herein shall be construed to authorize the
6 state board to affect adversely or impair the contractual
7 rights created and vested by reason of the prior issuance of
8 bonds or motor vehicle tax anticipation certificates by the
9 state board.
10 Section 879. Section 1013.82, Florida Statutes, is
11 created to read:
12 1013.82 Contracts of institutions for supplies,
13 utility services, and building construction exempt from
14 operation of county or municipal ordinance or charter.--
15 (1) University boards of trustees are authorized to
16 contract for supplies, utility services, and building
17 construction without regulation or restriction by municipal or
18 county charter or ordinance. Contractual arrangements shall be
19 in the best interests of the state and shall give
20 consideration to rates, adequacy of service, and the
21 dependability of the contractor.
22 (2) Any municipal or county charter, ordinance, or
23 regulation that serves to restrict or prohibit the intent of
24 subsection (1) shall be inoperative.
25 Section 880. Section 11.061, Florida Statutes, is
26 amended to read:
27 11.061 State, state university, and community college
28 employee lobbyists; registration; recording attendance;
29 penalty; exemptions.--
30 (1) Any person employed by any executive, judicial, or
31 quasi-judicial department of the state or community college or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 state university of the state who seeks to encourage the
2 passage, defeat, or modification of any legislation by
3 personal appearance or attendance before the House of
4 Representatives or the Senate, or any committee thereof,
5 shall, prior thereto, register as a lobbyist with the joint
6 legislative office on a form to be provided by the joint
7 legislative office in the same manner as any other lobbyist is
8 required to register, whether by rule of either house or
9 otherwise. This shall not preclude any person from contacting
10 her or his legislator regarding any matter during hours other
11 than the established business hours of the person's respective
12 agency, state university, or community college.
13 (2)(a) Each state, state university, or community
14 college employee or employee of a community college registered
15 pursuant to the provisions of this section shall:
16 1. Record with the chair of the committee any
17 attendance before any committee during established business
18 hours of the agency, state university, or community college
19 employing the person.
20 2. Record with the joint legislative office any
21 attendance in the legislative chambers, committee rooms,
22 legislative offices, legislative hallways, and other areas in
23 the immediate vicinity during the established business hours
24 of the agency, state university, or community college
25 employing the person.
26 (b) Any person who appears before a committee or
27 subcommittee of the House of Representatives or the Senate at
28 the request of the committee or subcommittee chair as a
29 witness or for informational purposes shall be exempt from the
30 provisions of this subsection.
31 (3) Any state, state university, or community college
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 employee or employee of a community college who violates any
2 provision of this section by not registering with the joint
3 legislative office as a lobbyist or by failing to record hours
4 spent as a lobbyist in areas and activities as set forth in
5 this section during the established business hours of the
6 agency, state university, or community college employing the
7 person shall have deducted from her or his salary an amount
8 equivalent to her or his hourly wage times the number of hours
9 that she or he was in violation of this section.
10 (4) Any person employed by any executive, judicial, or
11 quasi-judicial department of the state or by any community
12 college or state university of the state whose position is
13 designated in that department's budget as being used during
14 all, or a portion of, the fiscal year for lobbying shall
15 comply with the provisions of subsection (1), but shall be
16 exempt from the provisions of subsections (2) and (3).
17 Section 881. Paragraph (c) of subsection (5) of
18 section 11.40, Florida Statutes, is amended to read:
19 11.40 Legislative Auditing Committee.--
20 (5) Following notification by the Auditor General, the
21 Department of Banking and Finance, or the Division of Bond
22 Finance of the State Board of Administration of the failure of
23 a local governmental entity, district school board, charter
24 school, or charter technical career center to comply with the
25 applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
26 s. 218.38, the Legislative Auditing Committee may schedule a
27 hearing. If a hearing is scheduled, the committee shall
28 determine if the entity should be subject to further state
29 action. If the committee determines that the entity should be
30 subject to further state action, the committee shall:
31 (c) In the case of a charter school or charter
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 technical career center, notify the appropriate sponsoring
2 entity, which may terminate the charter pursuant to ss.
3 1002.33 228.056 and 1002.34 228.505.
4 Section 882. Paragraph (a) of subsection (3) and
5 subsection (8) of section 11.45, Florida Statutes, are amended
6 to read:
7 11.45 Definitions; duties; authorities; reports;
8 rules.--
9 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--
10 (a) The Auditor General may, pursuant to his or her
11 own authority, or at the direction of the Legislative Auditing
12 Committee, conduct audits or other engagements as determined
13 appropriate by the Auditor General of:
14 1. The accounts and records of any governmental entity
15 created or established by law.
16 2. The information technology programs, activities,
17 functions, or systems of any governmental entity created or
18 established by law.
19 3. The accounts and records of any charter school
20 created or established by law.
21 4. The accounts and records of any direct-support
22 organization or citizen support organization created or
23 established by law. The Auditor General is authorized to
24 require and receive any records from the direct-support
25 organization or citizen support organization, or from its
26 independent auditor.
27 5. The public records associated with any
28 appropriation made by the General Appropriations Act to a
29 nongovernmental agency, corporation, or person. All records of
30 a nongovernmental agency, corporation, or person with respect
31 to the receipt and expenditure of such an appropriation shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be public records and shall be treated in the same manner as
2 other public records are under general law.
3 6. State financial assistance provided to any nonstate
4 entity.
5 7. The Tobacco Settlement Financing Corporation
6 created pursuant to s. 215.56005.
7 8. The Florida On-Line High School created pursuant to
8 s. 1002.37 228.082.
9 9. Any purchases of federal surplus lands for use as
10 sites for correctional facilities as described in s. 253.037.
11 10. Enterprise Florida, Inc., including any of its
12 boards, advisory committees, or similar groups created by
13 Enterprise Florida, Inc., and programs. The audit report may
14 not reveal the identity of any person who has anonymously made
15 a donation to Enterprise Florida, Inc., pursuant to this
16 subparagraph. The identity of a donor or prospective donor to
17 Enterprise Florida, Inc., who desires to remain anonymous and
18 all information identifying such donor or prospective donor
19 are confidential and exempt from the provisions of s.
20 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
21 anonymity shall be maintained in the auditor's report.
22 11. The Florida Development Finance Corporation or the
23 capital development board or the programs or entities created
24 by the board. The audit or report may not reveal the identity
25 of any person who has anonymously made a donation to the board
26 pursuant to this subparagraph. The identity of a donor or
27 prospective donor to the board who desires to remain anonymous
28 and all information identifying such donor or prospective
29 donor are confidential and exempt from the provisions of s.
30 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
31 anonymity shall be maintained in the auditor's report.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 12. The records pertaining to the use of funds from
2 voluntary contributions on a motor vehicle registration
3 application or on a driver's license application authorized
4 pursuant to ss. 320.023 and 322.081.
5 13. The records pertaining to the use of funds from
6 the sale of specialty license plates described in chapter 320.
7 14. The transportation corporations under contract
8 with the Department of Transportation that are acting on
9 behalf of the state to secure and obtain rights-of-way for
10 urgently needed transportation systems and to assist in the
11 planning and design of such systems pursuant to ss.
12 339.401-339.421.
13 15. The acquisitions and divestitures related to the
14 Florida Communities Trust Program created pursuant to chapter
15 380.
16 16. The Florida Water Pollution Control Financing
17 Corporation created pursuant to s. 403.1837.
18 17. The Florida Partnership for School Readiness
19 created pursuant to s. 411.01.
20 18. The Occupational Access and Opportunity Commission
21 created pursuant to s. 413.83.
22 19. The Florida Special Disability Trust Fund
23 Financing Corporation created pursuant to s. 440.49.
24 20. Workforce Florida, Inc., or the programs or
25 entities created by Workforce Florida, Inc., created pursuant
26 to s. 445.004.
27 21. The corporation defined in s. 455.32 that is under
28 contract with the Department of Business and Professional
29 Regulation to provide administrative, investigative,
30 examination, licensing, and prosecutorial support services in
31 accordance with the provisions of s. 455.32 and the practice
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 act of the relevant profession.
2 22. The Florida Engineers Management Corporation
3 created pursuant to chapter 471.
4 23. The Investment Fraud Restoration Financing
5 Corporation created pursuant to chapter 517.
6 24. The books and records of any permitholder that
7 conducts race meetings or jai alai exhibitions under chapter
8 550.
9 25. The corporation defined in part II of chapter 946,
10 known as the Prison Rehabilitative Industries and Diversified
11 Enterprises, Inc., or PRIDE Enterprises.
12 (8) RULES OF THE AUDITOR GENERAL.--The Auditor
13 General, in consultation with the Board of Accountancy, shall
14 adopt rules for the form and conduct of all financial audits
15 performed by independent certified public accountants pursuant
16 to ss. 215.981, 218.39, 1004.28, 1004.70, and 1013.77 237.40,
17 240.299, and 240.331. The rules for audits of local
18 governmental entities and district school boards must include,
19 but are not limited to, requirements for the reporting of
20 information necessary to carry out the purposes of the Local
21 Government Financial Emergencies Act as stated in s. 218.501.
22 Section 883. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 20.15, Florida
24 Statutes, shall not stand repealed on January 7, 2003, as
25 scheduled by that act, but is reenacted and amended to read:
26 20.15 Department of Education.--There is created a
27 Department of Education.
28 (1) STATE BOARD OF EDUCATION.--In accordance with s.
29 2, Art. IX of the State Constitution, the State Board of
30 Education is a body corporate and must supervise the system of
31 free public education as is provided by law. The State Board
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of Education is the head of the Department of Education the
2 chief policymaking body of public education in the state as
3 specified in chapter 229. The Governor is chair of the board,
4 and the Commissioner of Education is the secretary and
5 executive officer and in the absence of the Governor shall
6 serve as chair.
7 (2) COMMISSIONER OF EDUCATION.--The Commissioner of
8 Education is appointed by the State Board of Education and
9 serves as the Executive Director of the Department of
10 Education head of the Department of Education is the
11 Commissioner of Education who shall be elected by vote of the
12 qualified electors of the state pursuant to s. 5, Art. IV of
13 the State Constitution.
14 (a) The Commissioner of Education shall appoint a
15 Deputy Commissioner for Educational Programs who has such
16 powers, duties, responsibilities, and functions as are
17 necessary to ensure the greatest possible coordination,
18 efficiency, and effectiveness of kindergarten through
19 12th-grade education and vocational and continuing education
20 programs, including workforce development.
21 (b) The Commissioner of Education shall appoint a
22 Deputy Commissioner for Planning, Budgeting, and Management
23 who has such powers, duties, responsibilities, and functions
24 as are necessary to ensure the greatest possible coordination
25 of policies, programs, and procedures for the statewide system
26 of education and the department.
27 (c) The Commissioner of Education shall appoint a
28 Deputy Commissioner for Technology and Administration who has
29 such powers, duties, responsibilities, and functions as are
30 necessary to ensure the greatest possible coordination and
31 development of technological supports for the education system
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and efficient administration of the department.
2 (3) DIVISIONS.--The following divisions of the
3 Department of Education are established:
4 (a) Division of Community Colleges.
5 (b) Division of Public Schools and Community
6 Education.
7 (c) Division of Colleges and Universities.
8 (d) Division of Vocational Rehabilitation Workforce
9 Development.
10 (e) Division of Professional Educators.
11 (f) Division of Administration.
12 (g) Division of Financial Services.
13 (h) Division of Support Services.
14 (i) Division of Technology.
15 (e)(j) Division of Blind Services.
16 (4) DIRECTORS.--The Board of Regents is the director
17 of the Division of Universities, and the State Board of
18 Community Colleges is the director of the Division of
19 Community Colleges, pursuant to chapter 240. The directors of
20 all other divisions shall be appointed by the commissioner
21 subject to approval by the state board.
22 (5) POWERS AND DUTIES.--The State Board of Education
23 and the Commissioner of Education:
24 (a) shall assign to the divisions Division of Public
25 Schools and Community Education such powers, duties,
26 responsibilities, and functions as are necessary to ensure the
27 greatest possible coordination, efficiency, and effectiveness
28 of education for students in K-20 education prekindergarten
29 through 12th grade, for secondary school vocational education,
30 and for community education.
31 (b) Shall assign to the Division of Workforce
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Development such powers, duties, responsibilities, and
2 functions as are necessary to ensure the greatest possible
3 coordination, efficiency, and effectiveness of workforce
4 development education.
5 (c) Shall assign to the State Board of Community
6 Colleges such powers, duties, responsibilities, and functions
7 as are necessary to ensure the coordination, efficiency, and
8 effectiveness of community colleges, except those duties
9 specifically assigned to the Commissioner of Education in ss.
10 229.512 and 229.551, the duties concerning physical facilities
11 in chapter 235, and the duties assigned to the Division of
12 Workforce Development in chapter 239.
13 (6) COUNCILS AND COMMITTEES.--Notwithstanding anything
14 contained in law to the contrary, the commissioner of
15 Education shall appoint all members of all councils and
16 committees of the Department of Education, except the
17 Commission for Independent Education and Board of Regents, the
18 State Board of Community Colleges, the community college
19 district boards of trustees, the Postsecondary Education
20 Planning Commission, the Education Practices Commission, the
21 Education Standards Commission, the State Board of Independent
22 Colleges and Universities, and the State Board of Nonpublic
23 Career Education.
24 (7) BOARDS.--Notwithstanding anything contained in law
25 to the contrary, all members of the university Board of
26 Regents, the State Board of Community Colleges, and the
27 community college district boards of trustees must be
28 appointed according to chapter 1001 240.
29 Section 884. Paragraphs (a) and (b) of subsection (1),
30 paragraph (d) of subsection (3), and paragraph (a) of
31 subsection (5) of section 23.1225, Florida Statutes, are
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 amended to read:
2 23.1225 Mutual aid agreements.--
3 (1) The term "mutual aid agreement," as used in this
4 part, refers to one of the following types of agreement:
5 (a) A voluntary cooperation written agreement between
6 two or more law enforcement agencies, or between one or more
7 law enforcement agencies and either a school board that
8 employs school safety officers or a state university that
9 employs or appoints university police officers in accordance
10 with s. 1012.97 240.268, which agreement permits voluntary
11 cooperation and assistance of a routine law enforcement nature
12 across jurisdictional lines. The agreement must specify the
13 nature of the law enforcement assistance to be rendered, the
14 agency or entity that shall bear any liability arising from
15 acts undertaken under the agreement, the procedures for
16 requesting and for authorizing assistance, the agency or
17 entity that has command and supervisory responsibility, a time
18 limit for the agreement, the amount of any compensation or
19 reimbursement to the assisting agency or entity, and any other
20 terms and conditions necessary to give it effect. Examples of
21 law enforcement activities that may be addressed in a
22 voluntary cooperation written agreement include, but are not
23 limited to, establishing a joint city-county task force on
24 narcotics smuggling, authorizing school safety officers to
25 enforce laws in an area within 1,000 feet of a school or
26 school board property, or establishing a joint city-county
27 traffic enforcement task force.
28 (b) A requested operational assistance written
29 agreement between two or more law enforcement agencies, or
30 between one or more law enforcement agencies and either a
31 school board that employs school safety officers or a state
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 university that employs or appoints university police officers
2 in accordance with s. 1012.97 240.268, which agreement is for
3 the rendering of assistance in a law enforcement emergency.
4 The agreement must specify the nature of the law enforcement
5 assistance to be rendered, the agency or entity that shall
6 bear any liability arising from acts undertaken under the
7 agreement, the procedures for requesting and for authorizing
8 assistance, the agency or entity that has command and
9 supervisory responsibility, a time limit for the agreement,
10 the amount of any compensation or reimbursement to the
11 assisting agency or entity, and any other terms and conditions
12 necessary to give it effect. An example of the use of a
13 requested operational assistance written agreement is to meet
14 a request for assistance due to a civil disturbance or other
15 emergency as defined in s. 252.34.
16 (3) A mutual aid agreement may be entered into by:
17 (d) A state university that employs or appoints
18 university police officers in accordance with s. 1012.97
19 240.268.
20 (5) In the event of a disaster or emergency such that
21 a state of emergency is declared by the Governor pursuant to
22 chapter 252, the requirement that a requested operational
23 assistance agreement be a written agreement for rendering of
24 assistance in a law enforcement emergency may be waived by the
25 participating agencies for a period of up to 90 days from the
26 declaration of the disaster.
27 (a) When a law enforcement agency, a school board
28 employing school safety officers, or a state university
29 employing or appointing university police officers in
30 accordance with s. 1012.97 240.268 lends assistance pursuant
31 to this subsection, all powers, privileges, and immunities
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 listed in s. 23.127, except with regard to interstate mutual
2 aid agreements, apply to the agency or entity, provided that
3 the law enforcement, school board, or university employees
4 rendering services are being requested and coordinated by the
5 affected local law enforcement executive in charge of law
6 enforcement operations.
7 Section 885. Subsection (2) and paragraphs (c) and (d)
8 of subsection (5) of section 24.121, Florida Statutes, are
9 amended to read:
10 24.121 Allocation of revenues and expenditure of funds
11 for public education.--
12 (2) Each fiscal year, at least 38 percent of the gross
13 revenue from the sale of lottery tickets and other earned
14 revenue, excluding application processing fees, shall be
15 deposited in the Educational Enhancement Trust Fund, which is
16 hereby created in the State Treasury to be administered by the
17 Department of Education. The Department of the Lottery shall
18 transfer moneys to the Educational Enhancement Trust Fund at
19 least once each quarter. Funds in the Educational Enhancement
20 Trust Fund shall be used to the benefit of public education in
21 accordance with the provisions of this act. Notwithstanding
22 any other provision of law, a maximum of $180 million of
23 lottery revenues transferred to the Educational Enhancement
24 Trust Fund in fiscal year 1997-1998 and for 30 years
25 thereafter shall be reserved as needed and used to meet the
26 requirements of the documents authorizing the bonds issued by
27 the state pursuant to s. 1013.68 235.187 or s. 1013.70
28 235.2195 or distributed to school districts for the Classrooms
29 First Program as provided in s. 1013.68 235.187. Such lottery
30 revenues are hereby pledged to the payment of debt service on
31 bonds issued by the state pursuant to s. 1013.68 235.187 or s.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1013.70 235.2195. Debt service payable on bonds issued by the
2 state pursuant to s. 1013.68 235.187 or s. 1013.70 235.2195
3 shall be payable from the first lottery revenues transferred
4 to the Educational Enhancement Trust Fund in each fiscal year.
5 Amounts distributable to school districts that request the
6 issuance of bonds pursuant to s. 1013.68(3) 235.187(3) are
7 hereby pledged to such bonds pursuant to s. 11(d), Art. VII of
8 the State Constitution. The amounts distributed through the
9 Classrooms First Program shall equal $145 million in each
10 fiscal year. These funds are intended to provide up to $2.5
11 billion for public school facilities.
12 (5)
13 (c) A portion of such net revenues, as determined
14 annually by the Legislature, shall be distributed to each
15 school district and shall be made available to each public
16 school in the district for enhancing school performance
17 through development and implementation of a school improvement
18 plan pursuant to s. 1001.42(16) 230.23(16). A portion of these
19 moneys, as determined annually in the General Appropriations
20 Act, must be allocated to each school in an equal amount for
21 each student enrolled. These moneys may be expended only on
22 programs or projects selected by the school advisory council
23 or by a parent advisory committee created pursuant to this
24 paragraph. If a school does not have a school advisory
25 council, the district advisory council must appoint a parent
26 advisory committee composed of parents of students enrolled in
27 that school, which committee is representative of the ethnic,
28 racial, and economic community served by the school, to advise
29 the school's principal on the programs or projects to be
30 funded. A principal may not override the recommendations of
31 the school advisory council or the parent advisory committee.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 These moneys may not be used for capital improvements, nor may
2 they be used for any project or program that has a duration of
3 more than 1 year; however, a school advisory council or parent
4 advisory committee may independently determine that a program
5 or project formerly funded under this paragraph should receive
6 funds in a subsequent year.
7 (d) No funds shall be released for any purpose from
8 the Educational Enhancement Trust Fund to any school district
9 in which one or more schools do not have an approved school
10 improvement plan pursuant to s. 1001.42(16) 230.23(16) or do
11 not comply with school advisory council membership composition
12 requirements pursuant to s. 229.58(1). Effective July 1, 2002,
13 the Commissioner of Education shall withhold disbursements
14 from the trust fund to any school district that fails to adopt
15 the performance-based salary schedule required by s.
16 1012.22(1) 230.23(5).
17 Section 886. Paragraph (a) of subsection (5) of
18 section 39.0015, Florida Statutes, is amended to read:
19 39.0015 Child abuse prevention training in the
20 district school system.--
21 (5) PREVENTION TRAINING CENTERS; FUNCTIONS; SELECTION
22 PROCESS; MONITORING AND EVALUATION.--
23 (a) Each training center shall perform the following
24 functions:
25 1. Act as a clearinghouse to provide information on
26 prevention curricula which meet the requirements of this
27 section and the requirements of s. ss. 39.001 and 231.17.
28 2. Assist the local school district in selecting a
29 prevention program model which meets the needs of the local
30 community.
31 3. At the request of the local school district, design
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and administer training sessions to develop or expand local
2 primary prevention and training programs.
3 4. Provide assistance to local school districts,
4 including, but not limited to, all of the following:
5 administration, management, program development, multicultural
6 staffing, and community education, in order to better meet the
7 requirements of this section and of s. ss. 39.001 and 231.17.
8 5. At the request of the department or the local
9 school district, provide ongoing program development and
10 training to achieve all of the following:
11 a. Meet the special needs of children, including, but
12 not limited to, the needs of disabled and high-risk children.
13 b. Conduct an outreach program to inform the
14 surrounding communities of the existence of primary prevention
15 and training programs and of funds to conduct such programs.
16 6. Serve as a resource to the Department of Children
17 and Family Services and its districts.
18 Section 887. Paragraph (c) of subsection (3) of
19 section 39.407, Florida Statutes, is amended to read:
20 39.407 Medical, psychiatric, and psychological
21 examination and treatment of child; physical or mental
22 examination of parent or person requesting custody of child.--
23 (3)
24 (c) The judge may also order such child to be
25 evaluated by a district school board educational needs
26 assessment team. The educational needs assessment provided by
27 the district school board educational needs assessment team
28 shall include, but not be limited to, reports of intelligence
29 and achievement tests, screening for learning disabilities and
30 other handicaps, and screening for the need for alternative
31 education as defined in s. 1001.42 230.23.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 888. Subsection (1) of section 61.13015,
2 Florida Statutes, is amended to read:
3 61.13015 Petition for suspension or denial of
4 professional licenses and certificates.--
5 (1) An obligee may petition the court which entered
6 the support order or the court which is enforcing the support
7 order for an order to suspend or deny the license or
8 certificate issued pursuant to chapters 231, 409, 455, 456,
9 and 559, and 1012 of any obligor with a delinquent support
10 obligation. However, no petition may be filed until the
11 obligee has exhausted all other available remedies. The
12 purpose of this section is to promote the public policy of s.
13 409.2551.
14 Section 889. Subsection (2) of section 105.061,
15 Florida Statutes, is amended to read:
16 105.061 Electors qualified to vote.--
17 (2) The election of members of a school board shall be
18 by vote of the qualified electors as prescribed in chapter
19 1001 230.
20 Section 890. Paragraph (a) of subsection (1) of
21 section 110.1228, Florida Statutes, is amended to read:
22 110.1228 Participation by small counties, small
23 municipalities, and district school boards located in small
24 counties.--
25 (1) As used in this section, the term:
26 (a) "District school board" means a district school
27 board located in a small county or a district school board
28 that receives funding pursuant to s. 1011.62(6) 236.081(6).
29 Section 891. Paragraphs (b), (c), (f), (g), and (h) of
30 subsection (2) of section 110.123, Florida Statutes, are
31 amended to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 110.123 State group insurance program.--
2 (2) DEFINITIONS.--As used in this section, the term:
3 (b) "Enrollee" means all state officers and employees,
4 retired state officers and employees, surviving spouses of
5 deceased state officers and employees, and terminated
6 employees or individuals with continuation coverage who are
7 enrolled in an insurance plan offered by the state group
8 insurance program. "Enrollee" includes all state university
9 officers and employees, retired state university officers and
10 employees, surviving spouses of deceased state university
11 officers and employees, and terminated state university
12 employees or individuals with continuation coverage who are
13 enrolled in an insurance plan offered by the state group
14 insurance program.
15 (c) "Full-time state employees" includes all full-time
16 employees of all branches or agencies of state government
17 holding salaried positions and paid by state warrant or from
18 agency funds, and employees paid from regular salary
19 appropriations for 8 months' employment, including university
20 personnel on academic contracts, but in no case shall "state
21 employee" or "salaried position" include persons paid from
22 other-personal-services (OPS) funds. "Full-time employees"
23 includes all full-time employees of the state universities.
24 (f) "Part-time state employee" means any employee of
25 any branch or agency of state government paid by state warrant
26 from salary appropriations or from agency funds, and who is
27 employed for less than the normal full-time workweek
28 established by the department or, if on academic contract or
29 seasonal or other type of employment which is less than
30 year-round, is employed for less than 8 months during any
31 12-month period, but in no case shall "part-time" employee
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 include a person paid from other-personal-services (OPS)
2 funds. "Part-time state employee" includes any part-time
3 employee of the state universities.
4 (g) "Retired state officer or employee" or "retiree"
5 means any state or state university officer or state employee
6 who retires under a state retirement system or a state
7 optional annuity or retirement program or is placed on
8 disability retirement, and who was insured under the state
9 group insurance program at the time of retirement, and who
10 begins receiving retirement benefits immediately after
11 retirement from state or state university office or
12 employment.
13 (h) "State agency" or "agency" means any branch,
14 department, or agency of state government. "State agency" or
15 "agency" includes any state university for purposes of this
16 section only.
17 Section 892. Subsection (1) of section 110.151,
18 Florida Statutes, is amended to read:
19 110.151 State officers' and employees' child care
20 services.--
21 (1) The Department of Management Services shall
22 approve, administer, and coordinate child care services for
23 state officers' and employees' children or dependents. Duties
24 shall include, but not be limited to, reviewing and approving
25 requests from state agencies for child care services;
26 providing technical assistance on child care program startup
27 and operation; and assisting other agencies in conducting
28 needs assessments, designing centers, and selecting service
29 providers. Primary emphasis for child care services shall be
30 given to children who are not subject to compulsory school
31 attendance pursuant to part II of chapter 1003 chapter 232,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and, to the extent possible, emphasis shall be placed on child
2 care for children aged 2 and under.
3 Section 893. Subsection (5) of section 110.181,
4 Florida Statutes, is amended to read:
5 110.181 Florida State Employees' Charitable
6 Campaign.--
7 (5) PARTICIPATION OF STATE UNIVERSITIES.--Each
8 university may elect to participate in the Florida State
9 Employees' Charitable Campaign, upon timely notice to the
10 department. Each university may also conduct annual
11 charitable fundraising drives for employees under the
12 authority granted in s. 1001.74(19) 240.209(3)(f).
13 Section 894. Paragraph (d) of subsection (2) of
14 section 110.205, Florida Statutes, is amended to read:
15 110.205 Career service; exemptions.--
16 (2) EXEMPT POSITIONS.--The exempt positions that are
17 not covered by this part include the following:
18 (d) All officers and employees of the state
19 universities University System and the Correctional Education
20 Program within the Department of Corrections, and the academic
21 personnel and academic administrative personnel of the Florida
22 School for the Deaf and the Blind. In accordance with the
23 provisions of s. 1002.36 chapter 242, the salaries for
24 academic personnel and academic administrative personnel of
25 the Florida School for the Deaf and the Blind shall be set by
26 the board of trustees for the school, subject only to the
27 approval of the State Board of Education. The salaries for all
28 instructional personnel and all administrative and
29 noninstructional personnel of the Correctional Education
30 Program shall be set by the Department of Corrections, subject
31 to the approval of the Department of Management Services.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 895. Paragraphs (b) and (c) of subsection (1)
2 of section 112.1915, Florida Statutes, are amended to read:
3 112.1915 Teachers and school administrators; death
4 benefits.--Any other provision of law to the contrary
5 notwithstanding:
6 (1) As used in this section, the term:
7 (b) "Teacher" means any instructional staff personnel
8 as described in s. 1012.01(2) 228.041(9).
9 (c) "School administrator" means any school
10 administrator as described in s. 1012.01(3) 228.041(10)(c).
11 Section 896. Paragraph (h) of subsection (12) of
12 section 112.313, Florida Statutes, is amended to read:
13 112.313 Standards of conduct for public officers,
14 employees of agencies, and local government attorneys.--
15 (12) EXEMPTION.--The requirements of subsections (3)
16 and (7) as they pertain to persons serving on advisory boards
17 may be waived in a particular instance by the body which
18 appointed the person to the advisory board, upon a full
19 disclosure of the transaction or relationship to the
20 appointing body prior to the waiver and an affirmative vote in
21 favor of waiver by two-thirds vote of that body. In instances
22 in which appointment to the advisory board is made by an
23 individual, waiver may be effected, after public hearing, by a
24 determination by the appointing person and full disclosure of
25 the transaction or relationship by the appointee to the
26 appointing person. In addition, no person shall be held in
27 violation of subsection (3) or subsection (7) if:
28 (h) The transaction is made pursuant to s. 1004.22
29 240.229 or s. 1004.23 240.241 and is specifically approved by
30 the president and the chair of the university board of
31 trustees Chancellor. The chair of the university board of
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 trustees Chancellor shall submit to the Governor and the
2 Legislature by March 1 of each year a report of the
3 transactions approved pursuant to this paragraph during the
4 preceding year.
5 Section 897. Subsection (6) of section 120.52, Florida
6 Statutes, is amended to read:
7 120.52 Definitions.--As used in this act:
8 (6) "Educational unit" means a local school district,
9 a community college district, the Florida School for the Deaf
10 and the Blind, or a state university unit of the State
11 University System other than the Board of Regents.
12 Section 898. Paragraph (a) of subsection (1) of
13 section 120.55, Florida Statutes, is amended to read:
14 120.55 Publication.--
15 (1) The Department of State shall:
16 (a)1. Publish in a permanent compilation entitled
17 "Florida Administrative Code" all rules adopted by each
18 agency, citing the specific rulemaking authority pursuant to
19 which each rule was adopted, all history notes as authorized
20 in s. 120.545(9), and complete indexes to all rules contained
21 in the code. Supplementation shall be made as often as
22 practicable, but at least monthly. The department may
23 contract with a publishing firm for the publication, in a
24 timely and useful form, of the Florida Administrative Code;
25 however, the department shall retain responsibility for the
26 code as provided in this section. This publication shall be
27 the official compilation of the administrative rules of this
28 state. The Department of State shall retain the copyright
29 over the Florida Administrative Code.
30 2. Rules general in form but applicable to only one
31 school district, community college district, or county, or a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 part thereof, or state university rules relating to internal
2 personnel or business and finance shall not be published in
3 the Florida Administrative Code. Exclusion from publication in
4 the Florida Administrative Code shall not affect the validity
5 or effectiveness of such rules.
6 3. At the beginning of the section of the code dealing
7 with an agency that files copies of its rules with the
8 department, the department shall publish the address and
9 telephone number of the executive offices of each agency, the
10 manner by which the agency indexes its rules, a listing of all
11 rules of that agency excluded from publication in the code,
12 and a statement as to where those rules may be inspected.
13 4. Forms shall not be published in the Florida
14 Administrative Code; but any form which an agency uses in its
15 dealings with the public, along with any accompanying
16 instructions, shall be filed with the committee before it is
17 used. Any form or instruction which meets the definition of
18 "rule" provided in s. 120.52 shall be incorporated by
19 reference into the appropriate rule. The reference shall
20 specifically state that the form is being incorporated by
21 reference and shall include the number, title, and effective
22 date of the form and an explanation of how the form may be
23 obtained.
24 Section 899. Paragraphs (a), (c), (e), (g), (i), and
25 (j) of subsection (1) of section 120.81, Florida Statutes, are
26 amended to read:
27 120.81 Exceptions and special requirements; general
28 areas.--
29 (1) EDUCATIONAL UNITS.--
30 (a) Notwithstanding s. 120.536(1) and the flush left
31 provisions of s. 120.52(8), district school boards may adopt
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rules to implement their general powers under s. 1001.41
2 230.22.
3 (c) Notwithstanding s. 120.52(15), any tests, test
4 scoring criteria, or testing procedures relating to student
5 assessment which are developed or administered by the
6 Department of Education pursuant to s. 1003.43 229.57, s.
7 1003.438, s. 1008.22 232.245, or s. 1008.25 232.246, or s.
8 232.247, or any other statewide educational tests required by
9 law, are not rules.
10 (e) Educational units, other than the state
11 universities units of the State University System and the
12 Florida School for the Deaf and the Blind, shall not be
13 required to make filings with the committee of the documents
14 required to be filed by s. 120.54 or s. 120.55(1)(a)4.
15 (g) Sections 120.569 and 120.57 do not apply to any
16 proceeding in which the substantial interests of a student are
17 determined by a state university the State University System
18 or a community college district. The Board of Regents shall
19 establish a committee, at least half of whom shall be
20 appointed by the Council of Student Body Presidents, which
21 shall establish rules and guidelines ensuring fairness and due
22 process in judicial proceedings involving students in the
23 State University System.
24 (i) For purposes of s. 120.68, a district school board
25 whose decision is reviewed under the provisions of s. 1012.33
26 231.36 and whose final action is modified by a superior
27 administrative decision shall be a party entitled to judicial
28 review of the final action.
29 (j) Notwithstanding s. 120.525(2), the agenda for a
30 special meeting of a district school board under authority of
31 s. 1001.372(1) 230.16 shall be prepared upon the calling of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the meeting, but not less than 48 hours prior to the meeting.
2 Section 900. Paragraph (c) of subsection (2) of
3 section 121.051, Florida Statutes, is amended to read:
4 121.051 Participation in the system.--
5 (2) OPTIONAL PARTICIPATION.--
6 (c) Employees of members of the Florida community
7 colleges College System or charter technical career centers
8 sponsored by members of the Florida community colleges College
9 System, as designated in s. 1000.21(3) 240.3031, who are
10 members of the Regular Class of the Florida Retirement System
11 and who comply with the criteria set forth in this paragraph
12 and in s. 1012.875 240.3195 may elect, in lieu of
13 participating in the Florida Retirement System, to withdraw
14 from the Florida Retirement System altogether and participate
15 in a lifetime monthly annuity program, to be known as the
16 State Community College System Optional Retirement Program,
17 which may be provided by the employing agency under s.
18 1012.875 240.3195. Pursuant thereto:
19 1. Through June 30, 2001, the cost to the employer for
20 such annuity shall equal the normal cost portion of the
21 employer retirement contribution which would be required if
22 the employee were a member of the Regular Class defined
23 benefit program, plus the portion of the contribution rate
24 required by s. 112.363(8) that would otherwise be assigned to
25 the Retiree Health Insurance Subsidy Trust Fund. Effective
26 July 1, 2001, each employer shall contribute on behalf of each
27 participant in the optional program an amount equal to 10.43
28 percent of the participant's gross monthly compensation. The
29 employer shall deduct an amount to provide for the
30 administration of the optional retirement program. The
31 employer providing such annuity shall contribute an additional
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 amount to the Florida Retirement System Trust Fund equal to
2 the unfunded actuarial accrued liability portion of the
3 Regular Class contribution rate.
4 2. The decision to participate in such an optional
5 retirement program shall be irrevocable for as long as the
6 employee holds a position eligible for participation. Any
7 service creditable under the Florida Retirement System shall
8 be retained after the member withdraws from the Florida
9 Retirement System; however, additional service credit in the
10 Florida Retirement System shall not be earned while a member
11 of the optional retirement program.
12 3. Participation in an optional annuity program shall
13 be limited to those employees who satisfy the following
14 eligibility criteria:
15 a. The employee must be otherwise eligible for
16 membership in the Regular Class of the Florida Retirement
17 System, as provided in s. 121.021(11) and (12).
18 b. The employee must be employed in a full-time
19 position classified in the Accounting Manual for Florida's
20 Public Community Colleges as:
21 (I) Instructional; or
22 (II) Executive Management, Instructional Management,
23 or Institutional Management, if a community college determines
24 that recruiting to fill a vacancy in the position is to be
25 conducted in the national or regional market, and:
26 (A) The duties and responsibilities of the position
27 include either the formulation, interpretation, or
28 implementation of policies; or
29 (B) The duties and responsibilities of the position
30 include the performance of functions that are unique or
31 specialized within higher education and that frequently
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 involve the support of the mission of the community college.
2 c. The employee must be employed in a position not
3 included in the Senior Management Service Class of the Florida
4 Retirement System, as described in s. 121.055.
5 4. Participants in the program are subject to the same
6 reemployment limitations, renewed membership provisions, and
7 forfeiture provisions as are applicable to regular members of
8 the Florida Retirement System under ss. 121.091(9), 121.122,
9 and 121.091(5), respectively.
10 5. Eligible community college employees shall be
11 compulsory members of the Florida Retirement System until,
12 pursuant to the procedures set forth in s. 1012.875 240.3195,
13 the first day of the next full calendar month following the
14 filing of both a written election to withdraw and a completed
15 application for an individual contract or certificate with the
16 program administrator and receipt of such election by the
17 division.
18 Section 901. Paragraph (a) of subsection (13) of
19 section 121.091, Florida Statutes, is amended to read:
20 121.091 Benefits payable under the system.--Benefits
21 may not be paid under this section unless the member has
22 terminated employment as provided in s. 121.021(39)(a) or
23 begun participation in the Deferred Retirement Option Program
24 as provided in subsection (13), and a proper application has
25 been filed in the manner prescribed by the department. The
26 department may cancel an application for retirement benefits
27 when the member or beneficiary fails to timely provide the
28 information and documents required by this chapter and the
29 department's rules. The department shall adopt rules
30 establishing procedures for application for retirement
31 benefits and for the cancellation of such application when the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 required information or documents are not received.
2 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general,
3 and subject to the provisions of this section, the Deferred
4 Retirement Option Program, hereinafter referred to as the
5 DROP, is a program under which an eligible member of the
6 Florida Retirement System may elect to participate, deferring
7 receipt of retirement benefits while continuing employment
8 with his or her Florida Retirement System employer. The
9 deferred monthly benefits shall accrue in the System Trust
10 Fund on behalf of the participant, plus interest compounded
11 monthly, for the specified period of the DROP participation,
12 as provided in paragraph (c). Upon termination of employment,
13 the participant shall receive the total DROP benefits and
14 begin to receive the previously determined normal retirement
15 benefits. Participation in the DROP does not guarantee
16 employment for the specified period of DROP.
17 (a) Eligibility of member to participate in the
18 DROP.--All active Florida Retirement System members in a
19 regularly established position, and all active members of
20 either the Teachers' Retirement System established in chapter
21 238 or the State and County Officers' and Employees'
22 Retirement System established in chapter 122 which systems are
23 consolidated within the Florida Retirement System under s.
24 121.011, are eligible to elect participation in the DROP
25 provided that:
26 1. The member is not a renewed member of the Florida
27 Retirement System under s. 121.122, or a member of the State
28 Community College System Optional Retirement Program under s.
29 121.051, the Senior Management Service Optional Annuity
30 Program under s. 121.055, or the optional retirement program
31 for the State University System under s. 121.35.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. Except as provided in subparagraph 6., election to
2 participate is made within 12 months immediately following the
3 date on which the member first reaches normal retirement date,
4 or, for a member who reaches normal retirement date based on
5 service before he or she reaches age 62, or age 55 for Special
6 Risk Class members, election to participate may be deferred to
7 the 12 months immediately following the date the member
8 attains 57, or age 52 for Special Risk Class members. For a
9 member who first reached normal retirement date or the
10 deferred eligibility date described above prior to the
11 effective date of this section, election to participate shall
12 be made within 12 months after the effective date of this
13 section. A member who fails to make an election within such
14 12-month limitation period shall forfeit all rights to
15 participate in the DROP. The member shall advise his or her
16 employer and the division in writing of the date on which the
17 DROP shall begin. Such beginning date may be subsequent to the
18 12-month election period, but must be within the 60-month
19 limitation period as provided in subparagraph (b)1. When
20 establishing eligibility of the member to participate in the
21 DROP for the 60-month maximum participation period, the member
22 may elect to include or exclude any optional service credit
23 purchased by the member from the total service used to
24 establish the normal retirement date. A member with dual
25 normal retirement dates shall be eligible to elect to
26 participate in DROP within 12 months after attaining normal
27 retirement date in either class.
28 3. The employer of a member electing to participate in
29 the DROP, or employers if dually employed, shall acknowledge
30 in writing to the division the date the member's participation
31 in the DROP begins and the date the member's employment and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 DROP participation will terminate.
2 4. Simultaneous employment of a participant by
3 additional Florida Retirement System employers subsequent to
4 the commencement of participation in the DROP shall be
5 permissible provided such employers acknowledge in writing a
6 DROP termination date no later than the participant's existing
7 termination date or the 60-month limitation period as provided
8 in subparagraph (b)1.
9 5. A DROP participant may change employers while
10 participating in the DROP, subject to the following:
11 a. A change of employment must take place without a
12 break in service so that the member receives salary for each
13 month of continuous DROP participation. If a member receives
14 no salary during a month, DROP participation shall cease
15 unless the employer verifies a continuation of the employment
16 relationship for such participant pursuant to s.
17 121.021(39)(b).
18 b. Such participant and new employer shall notify the
19 division on forms required by the division as to the identity
20 of the new employer.
21 c. The new employer shall acknowledge, in writing, the
22 participant's DROP termination date, which may be extended but
23 not beyond the original 60-month period provided in
24 subparagraph (b)1., shall acknowledge liability for any
25 additional retirement contributions and interest required if
26 the participant fails to timely terminate employment, and
27 shall be subject to the adjustment required in
28 sub-subparagraph (c)5.d.
29 6. Effective July 1, 2001, for instructional personnel
30 as defined in s. 1012.01(2) 228.041(9)(a)-(d), election to
31 participate in the DROP shall be made at any time following
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the date on which the member first reaches normal retirement
2 date. The member shall advise his or her employer and the
3 division in writing of the date on which the Deferred
4 Retirement Option Program shall begin. When establishing
5 eligibility of the member to participate in the DROP for the
6 60-month maximum participation period, as provided in
7 subparagraph (b)1., the member may elect to include or exclude
8 any optional service credit purchased by the member from the
9 total service used to establish the normal retirement date. A
10 member with dual normal retirement dates shall be eligible to
11 elect to participate in either class.
12 Section 902. Subsection (2) of section 145.131,
13 Florida Statutes, is amended to read:
14 145.131 Repeal of other laws relating to compensation;
15 exceptions.--
16 (2) The compensation of any official whose salary is
17 fixed by this chapter shall be the subject of general law
18 only, except that the compensation of certain school
19 superintendents may be set by school boards in accordance with
20 the provisions of s. 1001.47 230.303.
21 Section 903. Subsection (2) of section 145.19, Florida
22 Statutes, is amended to read:
23 145.19 Annual percentage increases based on increase
24 for state career service employees; limitation.--
25 (2) Each fiscal year, the salaries of all officials
26 listed in this chapter and ss. 1001.395 230.202 and 1001.47
27 230.303 shall be adjusted by the annual factor. The Department
28 of Management Services shall certify the annual factor and the
29 cumulative annual factors. The adjusted salary rate shall be
30 the product, rounded to the nearest dollar, of the salary rate
31 granted by the appropriate section of this chapter multiplied
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 first by the initial factor, then by the cumulative annual
2 factor, and finally by the annual factor. Any special
3 qualification salary received under this chapter shall be
4 added to such adjusted salary rate, which special
5 qualification salary shall be $2,000, but shall not exceed
6 $2,000.
7 Section 904. Section 153.77, Florida Statutes, is
8 amended to read:
9 153.77 District bonds as securities for public
10 bodies.--All revenue bonds, general obligation bonds, or
11 assessment bonds issued pursuant to this law shall be and
12 constitute legal investments for state, county, municipal, and
13 all other public funds and for banks, savings banks, insurance
14 companies, executors, administrators, trustees, and all other
15 fiduciaries and shall also be and constitute securities
16 eligible as collateral security for all state, county,
17 municipal, or other public funds, subject to the restrictions
18 and limitations of chapters 18, 136, 237, 518, 655, 657, 658,
19 and 660-665, and 1011.
20 Section 905. Subsection (22) of section 159.27,
21 Florida Statutes, is amended to read:
22 159.27 Definitions.--The following words and terms,
23 unless the context clearly indicates a different meaning,
24 shall have the following meanings:
25 (22) "Educational facility" means:
26 (a) Property, limited to a structure suitable for use
27 as a dormitory or other housing facility or a dining facility,
28 that is operated in the public sector and used for or useful
29 in connection with the operation of an institution for higher
30 education, as defined in s. 243.20(8), which offers the
31 baccalaureate or a higher degree and that is constructed in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 compliance with applicable codes as determined by appropriate
2 state agencies.
3 (b) Property that comprises the buildings and
4 equipment, structures, and special education use areas that
5 are built, installed, or established to serve primarily the
6 educational purposes of operating any nonprofit private
7 preschool, kindergarten, elementary school, middle school, or
8 high school that is established under chapter 617 or chapter
9 623, or that is owned or operated by an organization described
10 in s. 501(c)(3) of the United States Internal Revenue Code, or
11 operating any preschool, kindergarten, elementary school,
12 middle school, or high school that is owned or operated as
13 part of the state's system of public education, including, but
14 not limited to, a charter school or a developmental research
15 school operated under chapter 1002 228. The requirements of
16 this part for the financing of projects through local agencies
17 shall also apply to such schools. Bonds issued under the
18 provisions of this part for such schools shall not be deemed
19 to constitute a debt, liability, or obligation of the state or
20 any political subdivision thereof, or a pledge of the faith
21 and credit of the state or of any such political subdivision,
22 but shall be payable solely from the revenues provided
23 therefor.
24 Section 906. Paragraph (h) of subsection (6) and
25 paragraph (a) of subsection (12) of section 163.3177, Florida
26 Statutes, are amended to read:
27 163.3177 Required and optional elements of
28 comprehensive plan; studies and surveys.--
29 (6) In addition to the requirements of subsections
30 (1)-(5), the comprehensive plan shall include the following
31 elements:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (h)1. An intergovernmental coordination element
2 showing relationships and stating principles and guidelines to
3 be used in the accomplishment of coordination of the adopted
4 comprehensive plan with the plans of school boards and other
5 units of local government providing services but not having
6 regulatory authority over the use of land, with the
7 comprehensive plans of adjacent municipalities, the county,
8 adjacent counties, or the region, and with the state
9 comprehensive plan, as the case may require and as such
10 adopted plans or plans in preparation may exist. This element
11 of the local comprehensive plan shall demonstrate
12 consideration of the particular effects of the local plan,
13 when adopted, upon the development of adjacent municipalities,
14 the county, adjacent counties, or the region, or upon the
15 state comprehensive plan, as the case may require.
16 a. The intergovernmental coordination element shall
17 provide for procedures to identify and implement joint
18 planning areas, especially for the purpose of annexation,
19 municipal incorporation, and joint infrastructure service
20 areas.
21 b. The intergovernmental coordination element shall
22 provide for recognition of campus master plans prepared
23 pursuant to s. 1013.30 240.155.
24 c. The intergovernmental coordination element may
25 provide for a voluntary dispute resolution process as
26 established pursuant to s. 186.509 for bringing to closure in
27 a timely manner intergovernmental disputes. A local
28 government may develop and use an alternative local dispute
29 resolution process for this purpose.
30 2. The intergovernmental coordination element shall
31 further state principles and guidelines to be used in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 accomplishment of coordination of the adopted comprehensive
2 plan with the plans of school boards and other units of local
3 government providing facilities and services but not having
4 regulatory authority over the use of land. In addition, the
5 intergovernmental coordination element shall describe joint
6 processes for collaborative planning and decisionmaking on
7 population projections and public school siting, the location
8 and extension of public facilities subject to concurrency, and
9 siting facilities with countywide significance, including
10 locally unwanted land uses whose nature and identity are
11 established in an agreement. Within 1 year of adopting their
12 intergovernmental coordination elements, each county, all the
13 municipalities within that county, the district school board,
14 and any unit of local government service providers in that
15 county shall establish by interlocal or other formal agreement
16 executed by all affected entities, the joint processes
17 described in this subparagraph consistent with their adopted
18 intergovernmental coordination elements.
19 3. To foster coordination between special districts
20 and local general-purpose governments as local general-purpose
21 governments implement local comprehensive plans, each
22 independent special district must submit a public facilities
23 report to the appropriate local government as required by s.
24 189.415.
25 4. The state land planning agency shall establish a
26 schedule for phased completion and transmittal of plan
27 amendments to implement subparagraphs 1., 2., and 3. from all
28 jurisdictions so as to accomplish their adoption by December
29 31, 1999. A local government may complete and transmit its
30 plan amendments to carry out these provisions prior to the
31 scheduled date established by the state land planning agency.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 The plan amendments are exempt from the provisions of s.
2 163.3187(1).
3 (12) A public school facilities element adopted to
4 implement a school concurrency program shall meet the
5 requirements of this subsection.
6 (a) A public school facilities element shall be based
7 upon data and analyses that address, among other items, how
8 level-of-service standards will be achieved and maintained.
9 Such data and analyses must include, at a minimum, such items
10 as: the 5-year school district facilities work program adopted
11 pursuant to s. 1013.35 235.185; the educational plant survey
12 and an existing educational and ancillary plant map or map
13 series; information on existing development and development
14 anticipated for the next 5 years and the long-term planning
15 period; an analysis of problems and opportunities for existing
16 schools and schools anticipated in the future; an analysis of
17 opportunities to collocate future schools with other public
18 facilities such as parks, libraries, and community centers; an
19 analysis of the need for supporting public facilities for
20 existing and future schools; an analysis of opportunities to
21 locate schools to serve as community focal points; projected
22 future population and associated demographics, including
23 development patterns year by year for the upcoming 5-year and
24 long-term planning periods; and anticipated educational and
25 ancillary plants with land area requirements.
26 Section 907. Paragraph (k) of subsection (2) of
27 section 163.3191, Florida Statutes, is amended to read:
28 163.3191 Evaluation and appraisal of comprehensive
29 plan.--
30 (2) The report shall present an evaluation and
31 assessment of the comprehensive plan and shall contain
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 appropriate statements to update the comprehensive plan,
2 including, but not limited to, words, maps, illustrations, or
3 other media, related to:
4 (k) The coordination of the comprehensive plan with
5 existing public schools and those identified in the applicable
6 5-year school district facilities work program adopted
7 pursuant to s. 1013.35 235.185. The assessment shall address,
8 where relevant, the success or failure of the coordination of
9 the future land use map and associated planned residential
10 development with public schools and their capacities, as well
11 as the joint decisionmaking processes engaged in by the local
12 government and the school board in regard to establishing
13 appropriate population projections and the planning and siting
14 of public school facilities. If the issues are not relevant,
15 the local government shall demonstrate that they are not
16 relevant.
17 Section 908. Paragraph (b) of subsection (3) of
18 section 195.096, Florida Statutes, is amended to read:
19 195.096 Review of assessment rolls.--
20 (3)
21 (b) When necessary for compliance with s. 1011.62
22 236.081, and for those counties not being studied in the
23 current year, the department shall project value-weighted mean
24 levels of assessment for each county. The department shall
25 make its projection based upon the best information available,
26 utilizing professionally accepted methodology, and shall
27 separately allocate changes in total assessed value to:
28 1. New construction, additions, and deletions.
29 2. Changes in the value of the dollar.
30 3. Changes in the market value of property other than
31 those attributable to changes in the value of the dollar.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 4. Changes in the level of assessment.
2
3 In lieu of the statistical and analytical measures published
4 pursuant to paragraph (a), the department shall publish
5 details concerning the computation of estimated assessment
6 levels and the allocation of changes in assessed value for
7 those counties not subject to an in-depth review.
8 Section 909. Subsection (5) of section 196.012,
9 Florida Statutes, is amended to read:
10 196.012 Definitions.--For the purpose of this chapter,
11 the following terms are defined as follows, except where the
12 context clearly indicates otherwise:
13 (5) "Educational institution" means a federal, state,
14 parochial, church, or private school, college, or university
15 conducting regular classes and courses of study required for
16 eligibility to certification by, accreditation to, or
17 membership in the State Department of Education of Florida,
18 Southern Association of Colleges and Schools, or the Florida
19 Council of Independent Schools; a nonprofit private school the
20 principal activity of which is conducting regular classes and
21 courses of study accepted for continuing postgraduate dental
22 education credit by a board of the Division of Medical Quality
23 Assurance; educational direct-support organizations created
24 pursuant to ss. 1001.24, 1004.28, and 1004.70 229.8021,
25 240.299, and 240.331; facilities located on the property of
26 eligible entities which will become owned by those entities on
27 a date certain; and institutions of higher education, as
28 defined under and participating in the Higher Educational
29 Facilities Financing Act.
30 Section 910. Subsection (4) of section 196.031,
31 Florida Statutes, is amended to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 196.031 Exemption of homesteads.--
2 (4) The property appraisers of the various counties
3 shall each year compile a list of taxable property and its
4 value removed from the assessment rolls of each school
5 district as a result of the excess of exempt value above that
6 amount allowed for nonschool levies as provided in subsections
7 (1) and (3), as well as a statement of the loss of tax revenue
8 to each school district from levies other than the minimum
9 financial effort required pursuant to s. 1011.60(6) 236.02(6),
10 and shall deliver a copy thereof to the Department of Revenue
11 upon certification of the assessment roll to the tax
12 collector.
13 Section 911. Section 196.1983, Florida Statutes, is
14 amended to read:
15 196.1983 Charter school exemption from ad valorem
16 taxes.--Any facility, or portion thereof, used to house a
17 charter school whose charter has been approved by the sponsor
18 and the governing board pursuant to s. 1002.33(9) 228.056(9)
19 shall be exempt from ad valorem taxes. For leasehold
20 properties, the landlord must certify by affidavit to the
21 charter school that the lease payments shall be reduced to the
22 extent of the exemption received. The owner of the property
23 shall disclose to a charter school the full amount of the
24 benefit derived from the exemption and the method for ensuring
25 that the charter school receives such benefit. The charter
26 school shall receive the full benefit derived from the
27 exemption through either an annual or monthly credit to the
28 charter school's lease payments.
29 Section 912. Paragraphs (a), (b), and (d) of
30 subsection (3) of section 200.001, Florida Statutes, are
31 amended to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 200.001 Millages; definitions and general
2 provisions.--
3 (3) School millages shall be composed of five
4 categories of millage rates, as follows:
5 (a) Nonvoted required school operating millage, which
6 shall be that nonvoted millage rate set by the county school
7 board for current operating purposes and imposed pursuant to
8 s. 1011.60(6) 236.02(6).
9 (b) Nonvoted discretionary school operating millage,
10 which shall be that nonvoted millage rate set by the county
11 school board for operating purposes other than the rate
12 imposed pursuant to s. 1011.60(6) 236.02(6) and other than the
13 rate authorized in s. 1011.71(2) 236.25(2).
14 (d) Nonvoted district school capital improvement
15 millage, which shall be that millage rate set by the district
16 school board for capital improvements as authorized in s.
17 1011.71(2) 236.25(2).
18 Section 913. Paragraph (a) of subsection (2),
19 paragraphs (c) and (d) of subsection (3), paragraph (a) of
20 subsection (9), subsection (10), and paragraph (b) of
21 subsection (12) of section 200.065, Florida Statutes, are
22 amended to read:
23 200.065 Method of fixing millage.--
24 (2) No millage shall be levied until a resolution or
25 ordinance has been approved by the governing board of the
26 taxing authority which resolution or ordinance must be
27 approved by the taxing authority according to the following
28 procedure:
29 (a)1. Upon preparation of a tentative budget, but
30 prior to adoption thereof, each taxing authority shall compute
31 a proposed millage rate necessary to fund the tentative budget
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 other than the portion of the budget to be funded from sources
2 other than ad valorem taxes. In computing proposed or final
3 millage rates, each taxing authority shall utilize not less
4 than 95 percent of the taxable value certified pursuant to
5 subsection (1).
6 2. The tentative budget of the county commission shall
7 be prepared and submitted in accordance with s. 129.03.
8 3. The tentative budget of the school district shall
9 be prepared and submitted in accordance with chapter 1011 237,
10 provided that the date of submission shall not be later than
11 24 days after certification of value pursuant to subsection
12 (1).
13 4. Taxing authorities other than the county and school
14 district shall prepare and consider tentative and final
15 budgets in accordance with this section and applicable
16 provisions of law, including budget procedures applicable to
17 the taxing authority, provided such procedures do not conflict
18 with general law.
19 (3) The advertisement shall be no less than
20 one-quarter page in size of a standard size or a tabloid size
21 newspaper, and the headline in the advertisement shall be in a
22 type no smaller than 18 point. The advertisement shall not be
23 placed in that portion of the newspaper where legal notices
24 and classified advertisements appear. The advertisement shall
25 be published in a newspaper of general paid circulation in the
26 county or in a geographically limited insert of such
27 newspaper. The geographic boundaries in which such insert is
28 circulated shall include the geographic boundaries of the
29 taxing authority. It is the legislative intent that, whenever
30 possible, the advertisement appear in a newspaper that is
31 published at least 5 days a week unless the only newspaper in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the county is published less than 5 days a week, or that the
2 advertisement appear in a geographically limited insert of
3 such newspaper which insert is published throughout the taxing
4 authority's jurisdiction at least twice each week. It is
5 further the legislative intent that the newspaper selected be
6 one of general interest and readership in the community and
7 not one of limited subject matter, pursuant to chapter 50.
8 (c) For school districts which have proposed a millage
9 rate in excess of 100 percent of the rolled-back rate computed
10 pursuant to subsection (1) and which propose to levy nonvoted
11 millage in excess of the minimum amount required pursuant to
12 s. 1011.60(6) 236.02(6), the advertisement shall be in the
13 following form:
14
15 NOTICE OF PROPOSED TAX INCREASE
16
17 The ...(name of school district)... will soon consider
18 a measure to increase its property tax levy.
19 Last year's property tax levy:
20 A. Initially proposed tax levy.............$XX,XXX,XXX
21 B. Less tax reductions due to Value Adjustment Board
22 and other assessment changes.....................($XX,XXX,XXX)
23 C. Actual property tax levy................$XX,XXX,XXX
24 This year's proposed tax levy......................$XX,XXX,XXX
25 A portion of the tax levy is required under state law
26 in order for the school board to receive $...(amount A)... in
27 state education grants. The required portion has ...(increased
28 or decreased)... by ...(amount B)... percent and represents
29 approximately ...(amount C)... of the total proposed taxes.
30 The remainder of the taxes is proposed solely at the
31 discretion of the school board.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 All concerned citizens are invited to a public hearing
2 on the tax increase to be held on ...(date and time)... at
3 ...(meeting place)....
4 A DECISION on the proposed tax increase and the budget
5 will be made at this hearing.
6
7 1. AMOUNT A shall be an estimate, provided by the
8 Department of Education, of the amount to be received in the
9 current fiscal year by the district from state appropriations
10 for the Florida Education Finance Program.
11 2. AMOUNT B shall be the percent increase over the
12 rolled-back rate necessary to levy only the required local
13 effort in the current fiscal year, computed as though in the
14 preceding fiscal year only the required local effort was
15 levied.
16 3. AMOUNT C shall be the quotient of required
17 local-effort millage divided by the total proposed nonvoted
18 millage, rounded to the nearest tenth and stated in words;
19 however, the stated amount shall not exceed nine-tenths.
20
21 (d) For school districts which have proposed a millage
22 rate in excess of 100 percent of the rolled-back rate computed
23 pursuant to subsection (1) and which propose to levy as
24 nonvoted millage only the minimum amount required pursuant to
25 s. 1011.60(6) 236.02(6), the advertisement shall be the same
26 as provided in paragraph (c), except that the second and third
27 paragraphs shall be replaced with the following paragraph:
28
29 This increase is required under state law in order for
30 the school board to receive $...(amount A)... in state
31 education grants.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1
2 (9)(a) In addition to the notice required in
3 subsection (3), a district school board shall publish a second
4 notice of intent to levy additional taxes under s. 1011.71(2)
5 236.25(2). Such notice shall specify the projects or number
6 of school buses anticipated to be funded by such additional
7 taxes and shall be published in the size, within the time
8 periods, adjacent to, and in substantial conformity with the
9 advertisement required under subsection (3). The projects
10 shall be listed in priority within each category as follows:
11 construction and remodeling; maintenance, renovation, and
12 repair; motor vehicle purchases; new and replacement
13 equipment; payments for educational facilities and sites due
14 under a lease-purchase agreement; payments for renting and
15 leasing educational facilities and sites; payments of loans
16 approved pursuant to ss. 1011.14 237.161 and 1011.15 237.162;
17 payment of costs of compliance with environmental statutes and
18 regulations; and payment of costs of leasing relocatable
19 educational facilities. The additional notice shall be in the
20 following form, except that if the district school board is
21 proposing to levy the same millage under s. 1011.71(2)
22 236.25(2) which it levied in the prior year, the words
23 "continue to" shall be inserted before the word "impose" in
24 the first sentence, and except that the second sentence of the
25 second paragraph shall be deleted if the district is
26 advertising pursuant to paragraph (3)(e):
27
28 NOTICE OF TAX FOR SCHOOL
29 CAPITAL OUTLAY
30
31 The ...(name of school district)... will soon consider
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a measure to impose a ...(number)... mill property tax for the
2 capital outlay projects listed herein.
3 This tax is in addition to the school board's proposed
4 tax of ...(number)... mills for operating expenses and is
5 proposed solely at the discretion of the school board. THE
6 PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING
7 EXPENSES AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
8 The capital outlay tax will generate approximately
9 $...(amount)..., to be used for the following projects:
10
11 ...(list of capital outlay projects)...
12
13 All concerned citizens are invited to a public hearing
14 to be held on ...(date and time)... at ...(meeting place)....
15 A DECISION on the proposed CAPITAL OUTLAY TAXES will be
16 made at this hearing.
17
18 (10) Notwithstanding the provisions of paragraph
19 (2)(b) and s. 200.069(4)(c) to the contrary, the proposed
20 millage rates provided to the property appraiser by the taxing
21 authority, except for millage rates adopted by referendum, for
22 rates authorized by s. 1011.71 236.25, and for rates required
23 by law to be in a specified millage amount, shall be adjusted
24 in the event that a review notice is issued pursuant to s.
25 193.1142(4) and the taxable value on the approved roll is at
26 variance with the taxable value certified pursuant to
27 subsection (1). The adjustment shall be made by the property
28 appraiser, who shall notify the taxing authorities affected by
29 the adjustment within 5 days of the date the roll is approved
30 pursuant to s. 193.1142(4). The adjustment shall be such as
31 to provide for no change in the dollar amount of taxes levied
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 from that initially proposed by the taxing authority.
2 (12)
3 (b) Within 30 days of the deadline for certification
4 of compliance required by s. 200.068, the department shall
5 notify any taxing authority in violation of this section that
6 it is subject to paragraph (c). Except for revenues from voted
7 levies or levies imposed pursuant to s. 1011.60(6) 236.02(6),
8 the revenues of any taxing authority in violation of this
9 section collected in excess of the rolled-back rate shall be
10 held in escrow until the process required by paragraph (c) is
11 completed and approved by the department. The department shall
12 direct the tax collector to so hold such funds.
13 Section 914. Subsection (3) and paragraph (a) of
14 subsection (4) of section 200.069, Florida Statutes, are
15 amended to read:
16 200.069 Notice of proposed property taxes and non-ad
17 valorem assessments.--Pursuant to s. 200.065(2)(b), the
18 property appraiser, in the name of the taxing authorities and
19 local governing boards levying non-ad valorem assessments
20 within his or her jurisdiction and at the expense of the
21 county, shall prepare and deliver by first-class mail to each
22 taxpayer to be listed on the current year's assessment roll a
23 notice of proposed property taxes, which notice shall be in
24 substantially the following form. Notwithstanding the
25 provisions of s. 195.022, no county officer shall use a form
26 other than that provided by the department for this purpose,
27 except as provided in s. 200.065(13).
28 (3) There shall be under each column heading an entry
29 for the county; the school district levy required pursuant to
30 s. 1011.60(6) 236.02(6); other operating school levies; the
31 municipality or municipal service taxing unit or units in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 which the parcel lies, if any; the water management district
2 levying pursuant to s. 373.503; the independent special
3 districts in which the parcel lies, if any; and for all voted
4 levies for debt service applicable to the parcel, if any.
5 (4) For each entry listed in subsection (3), there
6 shall appear on the notice the following:
7 (a) In the first column, a brief, commonly used name
8 for the taxing authority or its governing body. The entry in
9 the first column for the levy required pursuant to s.
10 1011.60(6) 236.02(6) shall be "By State Law." The entry for
11 other operating school district levies shall be "By Local
12 Board." Both school levy entries shall be indented and
13 preceded by the notation "Public Schools:". For each voted
14 levy for debt service, the entry shall be "Voter Approved Debt
15 Payments."
16 Section 915. Subsection (2) of section 201.24, Florida
17 Statutes, is amended to read:
18 201.24 Obligations of municipalities, political
19 subdivisions, and agencies of the state.--There shall be
20 exempt from all taxes imposed by this chapter:
21 (2) Any assignment, transfer, or other disposition, or
22 any document, which arises out of a rental, lease, or
23 lease-purchase for real property agreement entered pursuant to
24 s. 1013.15(2) or (4) 235.056(2) or (3).
25 Section 916. Paragraph (b) of subsection (2) of
26 section 210.20, Florida Statutes, is amended to read:
27 210.20 Employees and assistants; distribution of
28 funds.--
29 (2) As collections are received by the division from
30 such cigarette taxes, it shall pay the same into a trust fund
31 in the State Treasury designated "Cigarette Tax Collection
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Trust Fund" which shall be paid and distributed as follows:
2 (b) Beginning January 1, 1999, and continuing for 10
3 years thereafter, the division shall from month to month
4 certify to the Comptroller the amount derived from the
5 cigarette tax imposed by s. 210.02, less the service charges
6 provided for in s. 215.20 and less 0.9 percent of the amount
7 derived from the cigarette tax imposed by s. 210.02 which
8 shall be deposited into the Alcoholic Beverage and Tobacco
9 Trust Fund, specifying an amount equal to 2.59 percent of the
10 net collections, and that amount shall be paid to the Board of
11 Directors of the H. Lee Moffitt Cancer Center and Research
12 Institute, established under s. 1004.43 240.512, by warrant
13 drawn by the Comptroller upon the State Treasury. These funds
14 are hereby appropriated monthly out of the Cigarette Tax
15 Collection Trust Fund, to be used for the purpose of
16 constructing, furnishing, and equipping a cancer research
17 facility at the University of South Florida adjacent to the H.
18 Lee Moffitt Cancer Center and Research Institute. In fiscal
19 years 1999-2000 and thereafter with the exception of fiscal
20 year 2008-2009, the appropriation to the H. Lee Moffitt Cancer
21 Center and Research Institute authorized by this paragraph
22 shall not be less than the amount which would have been paid
23 to the H. Lee Moffitt Cancer Center and Research Institute for
24 fiscal year 1998-1999 had payments been made for the entire
25 fiscal year rather than for a 6-month period thereof.
26 Section 917. Paragraph (a) of subsection (2) of
27 section 212.04, Florida Statutes, is amended to read:
28 212.04 Admissions tax; rate, procedure, enforcement.--
29 (2)(a)1. No tax shall be levied on admissions to
30 athletic or other events sponsored by elementary schools,
31 junior high schools, middle schools, high schools, community
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 colleges, public or private colleges and universities, deaf
2 and blind schools, facilities of the youth services programs
3 of the Department of Children and Family Services, and state
4 correctional institutions when only student, faculty, or
5 inmate talent is used. However, this exemption shall not apply
6 to admission to athletic events sponsored by a an institution
7 within the state university System, and the proceeds of the
8 tax collected on such admissions shall be retained and used by
9 each institution to support women's athletics as provided in
10 s. 1006.71(2)(c) 240.533(3)(c).
11 2.a. No tax shall be levied on dues, membership fees,
12 and admission charges imposed by not-for-profit sponsoring
13 organizations. To receive this exemption, the sponsoring
14 organization must qualify as a not-for-profit entity under the
15 provisions of s. 501(c)(3) of the Internal Revenue Code of
16 1954, as amended.
17 b. No tax shall be levied on admission charges to an
18 event sponsored by a governmental entity, sports authority, or
19 sports commission when held in a convention hall, exhibition
20 hall, auditorium, stadium, theater, arena, civic center,
21 performing arts center, or publicly owned recreational
22 facility and when 100 percent of the risk of success or
23 failure lies with the sponsor of the event and 100 percent of
24 the funds at risk for the event belong to the sponsor, and
25 student or faculty talent is not exclusively used. As used in
26 this sub-subparagraph, the terms "sports authority" and
27 "sports commission" mean a nonprofit organization that is
28 exempt from federal income tax under s. 501(c)(3) of the
29 Internal Revenue Code and that contracts with a county or
30 municipal government for the purpose of promoting and
31 attracting sports-tourism events to the community with which
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 it contracts.
2 3. No tax shall be levied on an admission paid by a
3 student, or on the student's behalf, to any required place of
4 sport or recreation if the student's participation in the
5 sport or recreational activity is required as a part of a
6 program or activity sponsored by, and under the jurisdiction
7 of, the student's educational institution, provided his or her
8 attendance is as a participant and not as a spectator.
9 4. No tax shall be levied on admissions to the
10 National Football League championship game, on admissions to
11 any semifinal game or championship game of a national
12 collegiate tournament, or on admissions to a Major League
13 Baseball all-star game.
14 5. A participation fee or sponsorship fee imposed by a
15 governmental entity as described in s. 212.08(6) for an
16 athletic or recreational program is exempt when the
17 governmental entity by itself, or in conjunction with an
18 organization exempt under s. 501(c)(3) of the Internal Revenue
19 Code of 1954, as amended, sponsors, administers, plans,
20 supervises, directs, and controls the athletic or recreational
21 program.
22 6. Also exempt from the tax imposed by this section to
23 the extent provided in this subparagraph are admissions to
24 live theater, live opera, or live ballet productions in this
25 state which are sponsored by an organization that has received
26 a determination from the Internal Revenue Service that the
27 organization is exempt from federal income tax under s.
28 501(c)(3) of the Internal Revenue Code of 1954, as amended, if
29 the organization actively participates in planning and
30 conducting the event, is responsible for the safety and
31 success of the event, is organized for the purpose of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 sponsoring live theater, live opera, or live ballet
2 productions in this state, has more than 10,000 subscribing
3 members and has among the stated purposes in its charter the
4 promotion of arts education in the communities which it
5 serves, and will receive at least 20 percent of the net
6 profits, if any, of the events which the organization sponsors
7 and will bear the risk of at least 20 percent of the losses,
8 if any, from the events which it sponsors if the organization
9 employs other persons as agents to provide services in
10 connection with a sponsored event. Prior to March 1 of each
11 year, such organization may apply to the department for a
12 certificate of exemption for admissions to such events
13 sponsored in this state by the organization during the
14 immediately following state fiscal year. The application shall
15 state the total dollar amount of admissions receipts collected
16 by the organization or its agents from such events in this
17 state sponsored by the organization or its agents in the year
18 immediately preceding the year in which the organization
19 applies for the exemption. Such organization shall receive the
20 exemption only to the extent of $1.5 million multiplied by the
21 ratio that such receipts bear to the total of such receipts of
22 all organizations applying for the exemption in such year;
23 however, in no event shall such exemption granted to any
24 organization exceed 6 percent of such admissions receipts
25 collected by the organization or its agents in the year
26 immediately preceding the year in which the organization
27 applies for the exemption. Each organization receiving the
28 exemption shall report each month to the department the total
29 admissions receipts collected from such events sponsored by
30 the organization during the preceding month and shall remit to
31 the department an amount equal to 6 percent of such receipts
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reduced by any amount remaining under the exemption. Tickets
2 for such events sold by such organizations shall not reflect
3 the tax otherwise imposed under this section.
4 7. Also exempt from the tax imposed by this section
5 are entry fees for participation in freshwater fishing
6 tournaments.
7 8. Also exempt from the tax imposed by this section
8 are participation or entry fees charged to participants in a
9 game, race, or other sport or recreational event if spectators
10 are charged a taxable admission to such event.
11 9. No tax shall be levied on admissions to any
12 postseason collegiate football game sanctioned by the National
13 Collegiate Athletic Association.
14 Section 918. Effective July 1, 2003, paragraph (a) of
15 subsection (2) of section 212.04, Florida Statutes, as amended
16 by section 4 of chapter 2000-345, Laws of Florida, is amended
17 to read:
18 212.04 Admissions tax; rate, procedure, enforcement.--
19 (2)(a)1. No tax shall be levied on admissions to
20 athletic or other events sponsored by elementary schools,
21 junior high schools, middle schools, high schools, community
22 colleges, public or private colleges and universities, deaf
23 and blind schools, facilities of the youth services programs
24 of the Department of Children and Family Services, and state
25 correctional institutions when only student, faculty, or
26 inmate talent is used. However, this exemption shall not apply
27 to admission to athletic events sponsored by a an institution
28 within the state university System, and the proceeds of the
29 tax collected on such admissions shall be retained and used by
30 each institution to support women's athletics as provided in
31 s. 1006.71(2)(c) 240.533(3)(c).
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. No tax shall be levied on dues, membership fees,
2 and admission charges imposed by not-for-profit sponsoring
3 organizations. To receive this exemption, the sponsoring
4 organization must qualify as a not-for-profit entity under the
5 provisions of s. 501(c)(3) of the Internal Revenue Code of
6 1954, as amended.
7 3. No tax shall be levied on an admission paid by a
8 student, or on the student's behalf, to any required place of
9 sport or recreation if the student's participation in the
10 sport or recreational activity is required as a part of a
11 program or activity sponsored by, and under the jurisdiction
12 of, the student's educational institution, provided his or her
13 attendance is as a participant and not as a spectator.
14 4. No tax shall be levied on admissions to the
15 National Football League championship game, on admissions to
16 any semifinal game or championship game of a national
17 collegiate tournament, or on admissions to a Major League
18 Baseball all-star game.
19 5. A participation fee or sponsorship fee imposed by a
20 governmental entity as described in s. 212.08(6) for an
21 athletic or recreational program is exempt when the
22 governmental entity by itself, or in conjunction with an
23 organization exempt under s. 501(c)(3) of the Internal Revenue
24 Code of 1954, as amended, sponsors, administers, plans,
25 supervises, directs, and controls the athletic or recreational
26 program.
27 6. Also exempt from the tax imposed by this section to
28 the extent provided in this subparagraph are admissions to
29 live theater, live opera, or live ballet productions in this
30 state which are sponsored by an organization that has received
31 a determination from the Internal Revenue Service that the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 organization is exempt from federal income tax under s.
2 501(c)(3) of the Internal Revenue Code of 1954, as amended, if
3 the organization actively participates in planning and
4 conducting the event, is responsible for the safety and
5 success of the event, is organized for the purpose of
6 sponsoring live theater, live opera, or live ballet
7 productions in this state, has more than 10,000 subscribing
8 members and has among the stated purposes in its charter the
9 promotion of arts education in the communities which it
10 serves, and will receive at least 20 percent of the net
11 profits, if any, of the events which the organization sponsors
12 and will bear the risk of at least 20 percent of the losses,
13 if any, from the events which it sponsors if the organization
14 employs other persons as agents to provide services in
15 connection with a sponsored event. Prior to March 1 of each
16 year, such organization may apply to the department for a
17 certificate of exemption for admissions to such events
18 sponsored in this state by the organization during the
19 immediately following state fiscal year. The application shall
20 state the total dollar amount of admissions receipts collected
21 by the organization or its agents from such events in this
22 state sponsored by the organization or its agents in the year
23 immediately preceding the year in which the organization
24 applies for the exemption. Such organization shall receive the
25 exemption only to the extent of $1.5 million multiplied by the
26 ratio that such receipts bear to the total of such receipts of
27 all organizations applying for the exemption in such year;
28 however, in no event shall such exemption granted to any
29 organization exceed 6 percent of such admissions receipts
30 collected by the organization or its agents in the year
31 immediately preceding the year in which the organization
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 applies for the exemption. Each organization receiving the
2 exemption shall report each month to the department the total
3 admissions receipts collected from such events sponsored by
4 the organization during the preceding month and shall remit to
5 the department an amount equal to 6 percent of such receipts
6 reduced by any amount remaining under the exemption. Tickets
7 for such events sold by such organizations shall not reflect
8 the tax otherwise imposed under this section.
9 7. Also exempt from the tax imposed by this section
10 are entry fees for participation in freshwater fishing
11 tournaments.
12 8. Also exempt from the tax imposed by this section
13 are participation or entry fees charged to participants in a
14 game, race, or other sport or recreational event if spectators
15 are charged a taxable admission to such event.
16 9. No tax shall be levied on admissions to any
17 postseason collegiate football game sanctioned by the National
18 Collegiate Athletic Association.
19 Section 919. Section 212.0602, Florida Statutes, is
20 amended to read:
21 212.0602 Education; limited exemption.--To facilitate
22 investment in education and job training, there is also exempt
23 from the taxes levied under this chapter, subject to the
24 provisions of this section, the purchase or lease of
25 materials, equipment, and other items or the license in or
26 lease of real property by any entity, institution, or
27 organization that is primarily engaged in teaching students to
28 perform any of the activities or services described in s.
29 212.031(1)(a)9., that conducts classes at a fixed location
30 located in this state, that is licensed under chapter 1005
31 246, and that has at least 500 enrolled students. Any entity,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 institution, or organization meeting the requirements of this
2 section shall be deemed to qualify for the exemptions in ss.
3 212.031(1)(a)9. and 212.08(5)(f) and (12), and to qualify for
4 an exemption for its purchase or lease of materials,
5 equipment, and other items used for education or demonstration
6 of the school's curriculum, including supporting operations.
7 Nothing in this section shall preclude an entity described in
8 this section from qualifying for any other exemption provided
9 for in this chapter.
10 Section 920. Paragraph (q) of subsection (5) of
11 section 212.08, Florida Statutes, is amended to read:
12 212.08 Sales, rental, use, consumption, distribution,
13 and storage tax; specified exemptions.--The sale at retail,
14 the rental, the use, the consumption, the distribution, and
15 the storage to be used or consumed in this state of the
16 following are hereby specifically exempt from the tax imposed
17 by this chapter.
18 (5) EXEMPTIONS; ACCOUNT OF USE.--
19 (q) Community contribution tax credit for donations.--
20 1. Authorization.--Beginning July 1, 2001, persons who
21 are registered with the department under s. 212.18 to collect
22 or remit sales or use tax and who make donations to eligible
23 sponsors are eligible for tax credits against their state
24 sales and use tax liabilities as provided in this paragraph:
25 a. The credit shall be computed as 50 percent of the
26 person's approved annual community contribution;
27 b. The credit shall be granted as a refund against
28 state sales and use taxes reported on returns and remitted in
29 the 12 months preceding the date of application to the
30 department for the credit as required in sub-subparagraph 3.c.
31 If the annual credit is not fully used through such refund
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 because of insufficient tax payments during the applicable
2 12-month period, the unused amount may be included in an
3 application for a refund made pursuant to sub-subparagraph
4 3.c. in subsequent years against the total tax payments made
5 for such year. Carryover credits may be applied for a 3-year
6 period without regard to any time limitation that would
7 otherwise apply under s. 215.26;
8 c. No person shall receive more than $200,000 in
9 annual tax credits for all approved community contributions
10 made in any one year;
11 d. All proposals for the granting of the tax credit
12 shall require the prior approval of the Office of Tourism,
13 Trade, and Economic Development;
14 e. The total amount of tax credits which may be
15 granted for all programs approved under this paragraph, s.
16 220.183, and s. 624.5105 is $10 million annually; and
17 f. A person who is eligible to receive the credit
18 provided for in this paragraph, s. 220.183, or s. 624.5105 may
19 receive the credit only under the one section of the person's
20 choice.
21 2. Eligibility requirements.--
22 a. A community contribution by a person must be in the
23 following form:
24 (I) Cash or other liquid assets;
25 (II) Real property;
26 (III) Goods or inventory; or
27 (IV) Other physical resources as identified by the
28 Office of Tourism, Trade, and Economic Development.
29 b. All community contributions must be reserved
30 exclusively for use in a project. As used in this
31 sub-subparagraph, the term "project" means any activity
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 undertaken by an eligible sponsor which is designed to
2 construct, improve, or substantially rehabilitate housing that
3 is affordable to low-income or very-low-income households as
4 defined in s. 420.9071(19) and (28); designed to provide
5 commercial, industrial, or public resources and facilities; or
6 designed to improve entrepreneurial and job-development
7 opportunities for low-income persons. A project may be the
8 investment necessary to increase access to high-speed
9 broadband capability in rural communities with enterprise
10 zones, including projects that result in improvements to
11 communications assets that are owned by a business. A project
12 may include the provision of museum educational programs and
13 materials that are directly related to any project approved
14 between January 1, 1996, and December 31, 1999, and located in
15 an enterprise zone as referenced in s. 290.00675. This
16 paragraph does not preclude projects that propose to construct
17 or rehabilitate housing for low-income or very-low-income
18 households on scattered sites. The Office of Tourism, Trade,
19 and Economic Development may reserve up to 50 percent of the
20 available annual tax credits for housing for very-low-income
21 households pursuant to s. 420.9071(28) for the first 6 months
22 of the fiscal year. With respect to housing, contributions may
23 be used to pay the following eligible low-income and
24 very-low-income housing-related activities:
25 (I) Project development impact and management fees for
26 low-income or very-low-income housing projects;
27 (II) Down payment and closing costs for eligible
28 persons, as defined in s. 420.9071(19) and (28);
29 (III) Administrative costs, including housing
30 counseling and marketing fees, not to exceed 10 percent of the
31 community contribution, directly related to low-income or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 very-low-income projects; and
2 (IV) Removal of liens recorded against residential
3 property by municipal, county, or special district local
4 governments when satisfaction of the lien is a necessary
5 precedent to the transfer of the property to an eligible
6 person, as defined in s. 420.9071(19) and (28), for the
7 purpose of promoting home ownership. Contributions for lien
8 removal must be received from a nonrelated third party.
9 c. The project must be undertaken by an "eligible
10 sponsor," which includes:
11 (I) A community action program;
12 (II) A nonprofit community-based development
13 organization whose mission is the provision of housing for
14 low-income or very-low-income households or increasing
15 entrepreneurial and job-development opportunities for
16 low-income persons;
17 (III) A neighborhood housing services corporation;
18 (IV) A local housing authority created under chapter
19 421;
20 (V) A community redevelopment agency created under s.
21 163.356;
22 (VI) The Florida Industrial Development Corporation;
23 (VII) A historic preservation district agency or
24 organization;
25 (VIII) A regional workforce board;
26 (IX) A direct-support organization as provided in s.
27 1009.983 240.551;
28 (X) An enterprise zone development agency created
29 under s. 290.0056;
30 (XI) A community-based organization incorporated under
31 chapter 617 which is recognized as educational, charitable, or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 scientific pursuant to s. 501(c)(3) of the Internal Revenue
2 Code and whose bylaws and articles of incorporation include
3 affordable housing, economic development, or community
4 development as the primary mission of the corporation;
5 (XII) Units of local government;
6 (XIII) Units of state government; or
7 (XIV) Any other agency that the Office of Tourism,
8 Trade, and Economic Development designates by rule.
9
10 In no event may a contributing person have a financial
11 interest in the eligible sponsor.
12 d. The project must be located in an area designated
13 an enterprise zone or a Front Porch Florida Community pursuant
14 to s. 14.2015(9)(b), unless the project increases access to
15 high-speed broadband capability for rural communities with
16 enterprise zones but is physically located outside the
17 designated rural zone boundaries. Any project designed to
18 construct or rehabilitate housing for low-income or
19 very-low-income households as defined in s. 420.0971(19) and
20 (28) is exempt from the area requirement of this
21 sub-subparagraph.
22 3. Application requirements.--
23 a. Any eligible sponsor seeking to participate in this
24 program must submit a proposal to the Office of Tourism,
25 Trade, and Economic Development which sets forth the name of
26 the sponsor, a description of the project, and the area in
27 which the project is located, together with such supporting
28 information as is prescribed by rule. The proposal must also
29 contain a resolution from the local governmental unit in which
30 the project is located certifying that the project is
31 consistent with local plans and regulations.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 b. Any person seeking to participate in this program
2 must submit an application for tax credit to the Office of
3 Tourism, Trade, and Economic Development which sets forth the
4 name of the sponsor, a description of the project, and the
5 type, value, and purpose of the contribution. The sponsor
6 shall verify the terms of the application and indicate its
7 receipt of the contribution, which verification must be in
8 writing and accompany the application for tax credit. The
9 person must submit a separate tax credit application to the
10 office for each individual contribution that it makes to each
11 individual project.
12 c. Any person who has received notification from the
13 Office of Tourism, Trade, and Economic Development that a tax
14 credit has been approved must apply to the department to
15 receive the refund. Application must be made on the form
16 prescribed for claiming refunds of sales and use taxes and be
17 accompanied by a copy of the notification. A person may submit
18 only one application for refund to the department within any
19 12-month period.
20 4. Administration.--
21 a. The Office of Tourism, Trade, and Economic
22 Development may adopt rules pursuant to ss. 120.536(1) and
23 120.54 necessary to administer this paragraph, including rules
24 for the approval or disapproval of proposals by a person.
25 b. The decision of the Office of Tourism, Trade, and
26 Economic Development must be in writing, and, if approved, the
27 notification shall state the maximum credit allowable to the
28 person. Upon approval, the office shall transmit a copy of the
29 decision to the Department of Revenue.
30 c. The Office of Tourism, Trade, and Economic
31 Development shall periodically monitor all projects in a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 manner consistent with available resources to ensure that
2 resources are used in accordance with this paragraph; however,
3 each project must be reviewed at least once every 2 years.
4 d. The Office of Tourism, Trade, and Economic
5 Development shall, in consultation with the Department of
6 Community Affairs, the Florida Housing Finance Corporation,
7 and the statewide and regional housing and financial
8 intermediaries, market the availability of the community
9 contribution tax credit program to community-based
10 organizations.
11 5. Expiration.--This paragraph expires June 30, 2005;
12 however, any accrued credit carryover that is unused on that
13 date may be used until the expiration of the 3-year carryover
14 period for such credit.
15 Section 921. Subsection (6) of section 213.053,
16 Florida Statutes, is amended to read:
17 213.053 Confidentiality and information sharing.--
18 (6) Any information received by the Department of
19 Revenue in connection with the administration of taxes,
20 including, but not limited to, information contained in
21 returns, reports, accounts, or declarations filed by persons
22 subject to tax, shall be made available by the department to
23 the Auditor General or his or her authorized agent, the
24 director of the Office of Program Policy Analysis and
25 Government Accountability or his or her authorized agent, the
26 Comptroller or his or her authorized agent, the Insurance
27 Commissioner or his or her authorized agent, the Treasurer or
28 his or her authorized agent, or a property appraiser or tax
29 collector or their authorized agents pursuant to s.
30 195.084(1), in the performance of their official duties, or to
31 designated employees of the Department of Education solely for
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 determination of each school district's price level index
2 pursuant to s. 1011.62(2) 236.081(2); however, no information
3 shall be disclosed to the Auditor General or his or her
4 authorized agent, the director of the Office of Program Policy
5 Analysis and Government Accountability or his or her
6 authorized agent, the Comptroller or his or her authorized
7 agent, the Insurance Commissioner or his or her authorized
8 agent, the Treasurer or his or her authorized agent, or to a
9 property appraiser or tax collector or their authorized
10 agents, or to designated employees of the Department of
11 Education if such disclosure is prohibited by federal law. The
12 Auditor General or his or her authorized agent, the director
13 of the Office of Program Policy Analysis and Government
14 Accountability or his or her authorized agent, the Comptroller
15 or his or her authorized agent, the Treasurer or his or her
16 authorized agent, and the property appraiser or tax collector
17 and their authorized agents, or designated employees of the
18 Department of Education shall be subject to the same
19 requirements of confidentiality and the same penalties for
20 violation of the requirements as the department. For the
21 purpose of this subsection, "designated employees of the
22 Department of Education" means only those employees directly
23 responsible for calculation of price level indices pursuant to
24 s. 1011.62(2) 236.081(2). It does not include the supervisors
25 of such employees or any other employees or elected officials
26 within the Department of Education.
27 Section 922. Paragraph (j) of subsection (4) of
28 section 215.20, Florida Statutes, is amended to read:
29 215.20 Certain income and certain trust funds to
30 contribute to the General Revenue Fund.--
31 (4) The income of a revenue nature deposited in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 following described trust funds, by whatever name designated,
2 is that from which the deductions authorized by subsection (3)
3 shall be made:
4 (j) The Educational Certification and Service Trust
5 Fund created by s. 1012.59 231.30.
6
7 The enumeration of the foregoing moneys or trust funds shall
8 not prohibit the applicability thereto of s. 215.24 should the
9 Governor determine that for the reasons mentioned in s. 215.24
10 the money or trust funds should be exempt herefrom, as it is
11 the purpose of this law to exempt income from its force and
12 effect when, by the operation of this law, federal matching
13 funds or contributions or private grants to any trust fund
14 would be lost to the state.
15 Section 923. Subsection (2) of section 215.82, Florida
16 Statutes, is amended to read:
17 215.82 Validation; when required.--
18 (2) Any bonds issued pursuant to this act which are
19 validated shall be validated in the manner provided by chapter
20 75. In actions to validate bonds to be issued in the name of
21 the State Board of Education under s. 9(a) and (d), Art. XII
22 of the State Constitution and bonds to be issued pursuant to
23 chapter 259, the Land Conservation Act of 1972, the complaint
24 shall be filed in the circuit court of the county where the
25 seat of state government is situated, the notice required to
26 be published by s. 75.06 shall be published only in the county
27 where the complaint is filed, and the complaint and order of
28 the circuit court shall be served only on the state attorney
29 of the circuit in which the action is pending. In any action
30 to validate bonds issued pursuant to ss. 1010.61-1010.619 part
31 I of chapter 243 or issued pursuant to s. 9(a)(1), Art. XII of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the State Constitution or issued pursuant to s. 215.605 or s.
2 338.227, the complaint shall be filed in the circuit court of
3 the county where the seat of state government is situated, the
4 notice required to be published by s. 75.06 shall be published
5 in a newspaper of general circulation in the county where the
6 complaint is filed and in two other newspapers of general
7 circulation in the state, and the complaint and order of the
8 circuit court shall be served only on the state attorney of
9 the circuit in which the action is pending; provided, however,
10 that if publication of notice pursuant to this section would
11 require publication in more newspapers than would publication
12 pursuant to s. 75.06, such publication shall be made pursuant
13 to s. 75.06.
14 Section 924. Subsection (7) of section 216.181,
15 Florida Statutes, is amended to read:
16 216.181 Approved budgets for operations and fixed
17 capital outlay.--
18 (7) The Executive Office of the Governor may, for the
19 purpose of improved contract administration, authorize the
20 consolidation of two or more fixed capital outlay
21 appropriations for an agency, and the Chief Justice of the
22 Supreme Court for the judicial branch, except for projects
23 authorized under chapter 1013 235, provided the original scope
24 and purpose of each project are not changed.
25 Section 925. Subsection (3) of section 216.301,
26 Florida Statutes, is amended to read:
27 216.301 Appropriations; undisbursed balances.--
28 (3) Notwithstanding the provisions of subsection (2),
29 the unexpended balance of any appropriation for fixed capital
30 outlay subject to but not under the terms of a binding
31 contract or a general construction contract prior to February
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1 of the second fiscal year, or the third fiscal year if it is
2 for an educational facility as defined in chapter 1013 235 or
3 a construction project of the Board of Regents, of the
4 appropriation shall revert on February 1 of such year to the
5 fund from which appropriated and shall be available for
6 reappropriation. The Executive Office of the Governor shall,
7 not later than February 20 of each year, furnish the
8 Comptroller, the legislative appropriations committees, and
9 the Auditor General a report listing in detail the items and
10 amounts reverting under the authority of this subsection,
11 including the fund to which reverted and the agency affected.
12 Section 926. Paragraphs (e) and (f) of subsection (1)
13 of section 218.39, Florida Statutes, are amended to read:
14 218.39 Annual financial audit reports.--
15 (1) If, by the first day in any fiscal year, a local
16 governmental entity, district school board, charter school, or
17 charter technical career center has not been notified that a
18 financial audit for that fiscal year will be performed by the
19 Auditor General, each of the following entities shall have an
20 annual financial audit of its accounts and records completed
21 within 12 months after the end of its fiscal year by an
22 independent certified public accountant retained by it and
23 paid from its public funds:
24 (e) Each charter school established under s. 1002.33
25 228.056.
26 (f) Each charter technical center established under s.
27 1002.34 228.505.
28 Section 927. Paragraph (c) of subsection (2) of
29 section 220.183, Florida Statutes, is amended to read:
30 220.183 Community contribution tax credit.--
31 (2) ELIGIBILITY REQUIREMENTS.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) The project must be undertaken by an "eligible
2 sponsor," defined here as:
3 1. A community action program;
4 2. A nonprofit community-based development
5 organization whose mission is the provision of housing for
6 low-income or very-low-income households or increasing
7 entrepreneurial and job-development opportunities for
8 low-income persons;
9 3. A neighborhood housing services corporation;
10 4. A local housing authority, created pursuant to
11 chapter 421;
12 5. A community redevelopment agency, created pursuant
13 to s. 163.356;
14 6. The Florida Industrial Development Corporation;
15 7. An historic preservation district agency or
16 organization;
17 8. A regional workforce board;
18 9. A direct-support organization as provided in s.
19 1009.983 240.551;
20 10. An enterprise zone development agency created
21 pursuant to s. 290.0056;
22 11. A community-based organization incorporated under
23 chapter 617 which is recognized as educational, charitable, or
24 scientific pursuant to s. 501(c)(3) of the Internal Revenue
25 Code and whose bylaws and articles of incorporation include
26 affordable housing, economic development, or community
27 development as the primary mission of the corporation;
28 12. Units of local government;
29 13. Units of state government; or
30 14. Such other agency as the Office of Tourism, Trade,
31 and Economic Development may, from time to time, designate by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rule.
2
3 In no event shall a contributing business firm have a
4 financial interest in the eligible sponsor.
5 Section 928. Subsection (1) of section 222.22, Florida
6 Statutes, is amended to read:
7 222.22 Exemption of moneys in the Prepaid College
8 Trust Fund or in a Medical Savings Account from legal
9 process.--
10 (1)(a) Moneys paid into or out of the Florida Prepaid
11 College Trust Fund by or on behalf of a purchaser or qualified
12 beneficiary pursuant to an advance payment contract made under
13 part IV of chapter 1009 s. 240.551, which contract has not
14 been terminated, are not liable to attachment, garnishment, or
15 legal process in the state in favor of any creditor of the
16 purchaser or beneficiary of such advance payment contract.
17 (b) Moneys paid into or out of the Prepaid College
18 Trust Fund by or on behalf of a benefactor or designated
19 beneficiary pursuant to a participation agreement made under
20 s. 1009.981 240.553, which agreement has not been terminated,
21 are not liable to attachment, garnishment, or legal process in
22 the state in favor of any creditor of the purchaser or
23 beneficiary of such participation agreement.
24 Section 929. Subsection (4) of section 250.115,
25 Florida Statutes, is amended to read:
26 250.115 Department of Military Affairs direct-support
27 organization.--
28 (4) ACTIVITIES; RESTRICTIONS.--Any transaction or
29 agreement between the direct-support organization organized
30 pursuant to this section and another direct-support
31 organization or center of technology innovation designated
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 under s. 1004.77 240.3335 must be approved by the Adjutant
2 General.
3 Section 930. Section 255.0515, Florida Statutes, is
4 amended to read:
5 255.0515 Bids for state contracts; substitution of
6 subcontractors.--With respect to state contracts let pursuant
7 to competitive bidding, whether under chapter 1013 235,
8 relating to educational facilities, or this chapter, relating
9 to public buildings, the contractor shall not remove or
10 replace subcontractors listed in the bid subsequent to the
11 lists being made public at the bid opening, except upon good
12 cause shown.
13 Section 931. Section 255.0516, Florida Statutes, is
14 amended to read:
15 255.0516 Bid protests by educational boards.--With
16 respect to state contracts and bids pursuant to competitive
17 bidding, whether under chapter 1013 235, relating to
18 educational facilities, or under this chapter, relating to
19 public buildings, if a school board, a community college board
20 of trustees, or a state university board of trustees the Board
21 of Regents uses procedures pursuant to chapter 120 for bid
22 protests, the board may require the protestor to post a bond
23 amounting to:
24 (1) Twenty-five thousand dollars or 2 percent of the
25 lowest accepted bid, whichever is greater, for projects valued
26 over $500,000; and
27 (2) Five percent of the lowest accepted bid for all
28 other projects,
29
30 conditioned upon payment of all costs and fees which may be
31 adjudged against the protestor in the administrative hearing.
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 If at the hearing the agency prevails, it shall recover all
2 costs and attorney's fees from the protestor; if the protestor
3 prevails, the protestor shall recover from the agency all
4 costs and attorney's fees.
5 Section 932. Paragraph (e) of subsection (1) of
6 section 265.2861, Florida Statutes, is amended to read:
7 265.2861 Cultural Institutions Program; trust fund.--
8 (1) CULTURAL INSTITUTIONS TRUST FUND.--There is
9 created a Cultural Institutions Trust Fund to be administered
10 by the Department of State for the purposes set forth in this
11 section and to support the following programs as follows:
12 (e)1. For the officially designated Art Museum of the
13 State of Florida described in s. 1004.45 240.711, $2.2
14 million, and for state-owned cultural facilities assigned to
15 the Department of State, which receive a portion of any
16 operating funds from the Department of State and one of the
17 primary purposes of which is the presentation of fine arts or
18 performing arts, $500,000.
19 2. For fiscal year 2001-2002 only, the provisions of
20 subparagraph 1. relating to state-owned cultural facilities
21 shall not be applicable. This subparagraph expires July 1,
22 2002.
23
24 The trust fund shall consist of moneys appropriated by the
25 Legislature, moneys deposited pursuant to s. 607.1901(2), and
26 moneys contributed to the fund from any other source.
27 Section 933. Paragraph (d) of subsection (5) of
28 section 265.603, Florida Statutes, is amended to read:
29 265.603 Definitions relating to Cultural Endowment
30 Program.--The following terms and phrases when used in ss.
31 265.601-265.607 shall have the meaning ascribed to them in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 this section, except where the context clearly indicates a
2 different meaning:
3 (5) "Sponsoring organization" means a cultural
4 organization which:
5 (d) Is primarily and directly responsible for
6 conducting, creating, producing, presenting, staging, or
7 sponsoring a cultural exhibit, performance, or event. This
8 provision includes museums owned and operated by political
9 subdivisions of the state, except those constituted pursuant
10 to s. 1004.67 240.317.
11 Section 934. Subsection (8) of section 267.173,
12 Florida Statutes, is amended to read:
13 267.173 Historic preservation in West Florida; goals;
14 contracts for historic preservation; powers and duties.--
15 (8) Notwithstanding any other provision of law, the
16 University of West Florida and its direct-support organization
17 are eligible to match state funds in the Trust Fund for Major
18 Gifts established pursuant to s. 1011.94 240.2605.
19 Section 935. Subsections (4), (5), (7), and (9) of
20 section 267.1732, Florida Statutes, are amended to read:
21 267.1732 Direct-support organization.--
22 (4) The university may authorize a direct-support
23 organization to use its property (except money), facilities,
24 and personal services, subject to the provisions of this
25 section and s. 1004.28 240.299. A direct-support organization
26 that does not provide equal employment opportunities to all
27 persons regardless of race, color, religion, sex, age, or
28 national origin may not use the property, facilities, or
29 personal services of the university. For the purposes of this
30 subsection, the term "personal services" includes full-time
31 personnel and part-time personnel as well as payroll
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 processing.
2 (5) The university shall establish policies and may
3 adopt rules pursuant to s. 1004.28 240.299 prescribing the
4 procedures by which the direct-support organization is
5 governed and any conditions with which a direct-support
6 organization must comply to use property, facilities, or
7 personal services of the university.
8 (7) The direct-support organization shall provide for
9 an annual financial and compliance audit in accordance with s.
10 1004.28 of its financial accounts and records by an
11 independent certified public accountant in accordance with s.
12 251.981 and generally accepted accounting standards. The
13 annual audit report must be submitted to the university for
14 review and approval. The university, the Auditor General, and
15 others authorized in s. 240.299 shall have the authority to
16 require and receive from the direct-support organization, or
17 from its independent auditor, any detail or supplemental data
18 relative to the operation of the organization. Upon approval,
19 the university shall certify the audit report to the Auditor
20 General for review.
21 (9) Provisions governing direct-support organizations
22 in s. 1004.28 240.99 and not provided in this section shall
23 apply to the direct-support organization.
24 Section 936. Subsection (9) of section 282.005,
25 Florida Statutes, is amended to read:
26 282.005 Legislative findings and intent.--The
27 Legislature finds that:
28 (9) To ensure the best management of the state's
29 information technology and notwithstanding other provisions of
30 law to the contrary, the functions of information technology
31 are hereby assigned to the university boards of trustees Board
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of Regents as the agency responsible for the development and
2 implementation of policy, planning, management, rulemaking,
3 standards, and guidelines for the state universities State
4 University System; to the community college boards of trustees
5 State Board of Community Colleges as the agency responsible
6 for establishing and developing rules and policies for the
7 community colleges Florida Community College System; to the
8 Supreme Court, for the judicial branch; to each state attorney
9 and public defender; and to the State Technology Office for
10 the executive branch of state government.
11 Section 937. Subsections (1) and (3) of section
12 282.103, Florida Statutes, are amended to read:
13 282.103 SUNCOM Network; exemptions from the required
14 use.--
15 (1) There is created within the State Technology
16 Office the SUNCOM Network which shall be developed to serve as
17 the state communications system for providing local and
18 long-distance communications services to state agencies,
19 political subdivisions of the state, municipalities, state
20 universities, and nonprofit corporations pursuant to ss.
21 282.101-282.111. The SUNCOM Network shall be developed to
22 transmit all types of communications signals, including, but
23 not limited to, voice, data, video, image, and radio. State
24 agencies shall cooperate and assist in the development and
25 joint use of communications systems and services.
26 (3) All state agencies and state universities are
27 required to use the SUNCOM Network for agency and state
28 university communications services as the services become
29 available; however, no agency or university is relieved of
30 responsibility for maintaining communications services
31 necessary for effective management of its programs and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 functions. If a SUNCOM Network service does not meet the
2 communications requirements of an agency or university, the
3 agency or university shall notify the State Technology Office
4 in writing and detail the requirements for that communications
5 service. If the office is unable to meet an agency's or
6 university's requirements by enhancing SUNCOM Network service,
7 the office may grant the agency or university an exemption
8 from the required use of specified SUNCOM Network services.
9 Section 938. Subsection (4) of section 282.105,
10 Florida Statutes, is amended to read:
11 282.105 Use of state SUNCOM Network by nonprofit
12 corporations.--
13 (4) Institutions qualified to participate in the
14 William L. Boyd, IV, Florida Resident Access Grant Program
15 pursuant to s. 1009.89 240.605 shall be eligible to use the
16 state SUNCOM Network, subject to the terms and conditions of
17 the office. Such entities shall not be required to satisfy the
18 other criteria of this section.
19 Section 939. Section 282.106, Florida Statutes, is
20 amended to read:
21 282.106 Use of SUNCOM Network by libraries.--The State
22 Technology Office may provide SUNCOM Network services to any
23 library in the state, including libraries in public schools,
24 community colleges, state universities the State University
25 System, and nonprofit private postsecondary educational
26 institutions, and libraries owned and operated by
27 municipalities and political subdivisions.
28 Section 940. Section 282.3031, Florida Statutes, is
29 amended to read:
30 282.3031 Assignment of information resources
31 management responsibilities.--For purposes of ss.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 282.303-282.322, to ensure the best management of state
2 information technology resources, and notwithstanding other
3 provisions of law to the contrary, the functions of
4 information resources management are hereby assigned to the
5 university boards of trustees Board of Regents as the agency
6 responsible for the development and implementation of policy,
7 planning, management, rulemaking, standards, and guidelines
8 for the state universities State University System; to the
9 community college boards of trustees State Board of Community
10 Colleges as the agency responsible for establishing and
11 developing rules and policies for the community colleges
12 Florida Community College System; to the Supreme Court for the
13 judicial branch; to each state attorney and public defender;
14 and to the State Technology Office for the agencies within the
15 executive branch of state government.
16 Section 941. Subsection (1) of section 282.3063,
17 Florida Statutes, is amended to read:
18 282.3063 Agency Annual Enterprise Resource Planning
19 and Management Report.--
20 (1) By September 1 of each year, and for the State
21 University System within 90 days after completion of the
22 expenditure analysis developed pursuant to s. 240.271(4), each
23 Agency Chief Information Officer shall prepare and submit to
24 the State Technology Office an Agency Annual Enterprise
25 Resource Planning and Management Report. Following
26 consultation with the State Technology Office and the Agency
27 Chief Information Officers Council, the Executive Office of
28 the Governor and the fiscal committees of the Legislature
29 shall jointly develop and issue instructions for the format
30 and contents of the report.
31 Section 942. Subsection (2) of section 282.310,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida Statutes, is amended to read:
2 282.310 State Annual Report on Enterprise Resource
3 Planning and Management.--
4 (2) The State Annual Report on Enterprise Resource
5 Planning and Management shall contain, at a minimum, the
6 following:
7 (a) The state vision for enterprise resource planning
8 and management.
9 (b) A forecast of the state enterprise resource
10 planning and management priorities and initiatives for the
11 ensuing 2 years.
12 (c) A summary of major statewide policies recommended
13 by the State Technology Office for enterprise resource
14 planning and management.
15 (d) A summary of memoranda issued by the Executive
16 Office of the Governor.
17 (e) An assessment of the overall progress toward an
18 integrated electronic system for deploying government
19 products, services, and information to individuals and
20 businesses and state enterprise resource planning and
21 management initiatives and priorities for the past fiscal
22 year.
23 (f) A summary of major statewide issues related to
24 improving enterprise resource planning and management by the
25 state.
26 (g) An inventory list, by major categories, of state
27 information technology resources.
28 (h) A summary of the total agency expenditures or
29 descriptions of agreements, contracts, or partnerships for
30 enterprise resource planning and management and of
31 enterprise-wide procurements done by the office on behalf of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the state.
2 (i) A summary of the opportunities for government
3 agencies or entities to share enterprise resource planning and
4 management projects or initiatives with other governmental or
5 private sector entities.
6
7 The state annual report shall also include enterprise resource
8 planning and management information from the annual reports
9 prepared by the state universities and the community colleges
10 Board of Regents for the State University System, from the
11 State Board of Community Colleges for the Florida Community
12 College System, from the Supreme Court for the judicial
13 branch, and from the Justice Administrative Commission on
14 behalf of the state attorneys and public defenders.
15 Expenditure information shall be taken from each agency's
16 annual report as well as the annual reports of the state
17 universities and the community colleges Board of Regents, the
18 State Board of Community Colleges, the Supreme Court, and the
19 Justice Administrative Commission.
20 Section 943. Section 284.34, Florida Statutes, is
21 amended to read:
22 284.34 Professional medical liability of the
23 university boards of trustees Board of Regents and nuclear
24 energy liability excluded.--Unless specifically authorized by
25 the Department of Insurance, no coverages shall be provided by
26 this fund for professional medical liability insurance for the
27 university boards of trustees Board of Regents or the
28 physicians, officers, employees, or agents of any the board or
29 for liability related to nuclear energy which is ordinarily
30 subject to the standard nuclear energy liability exclusion of
31 conventional liability insurance policies. This section does
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall not affect be construed as affecting the self-insurance
2 programs of the university boards of trustees Board of Regents
3 established pursuant to s. 1004.24 240.213.
4 Section 944. Paragraph (b) of subsection (2) of
5 section 285.18, Florida Statutes, is amended to read:
6 285.18 Tribal council as governing body; powers and
7 duties.--
8 (2) The governing bodies of the special improvement
9 districts shall have the duty and power:
10 (b) To contract with the district school board of any
11 district adjoining the local school district, when deemed
12 necessary by the tribal council, to provide public education
13 and educational programs for their members, notwithstanding
14 the provisions of s. 1001.42 230.23 that authorize school
15 boards to establish attendance areas for their districts or
16 approve plans for attendance in other districts.
17 Section 945. Paragraph (a) of subsection (2) of
18 section 287.042, Florida Statutes, is amended to read:
19 287.042 Powers, duties, and functions.--The department
20 shall have the following powers, duties, and functions:
21 (2)(a) To plan and coordinate purchases in volume and
22 to negotiate and execute purchasing agreements and contracts
23 for commodities and contractual services under which state
24 agencies shall make purchases pursuant to s. 287.056, and
25 under which a federal, county, municipality, institutions
26 qualified to participate in the William L. Boyd, IV, Florida
27 Resident Access Grant Program pursuant to s. 1009.89 240.605,
28 private nonprofit community transportation coordinator
29 designated pursuant to chapter 427, while conducting business
30 related solely to the Commission for the Transportation
31 Disadvantaged, or other local public agency may make
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purchases. The department may restrict purchases from some
2 term contracts to state agencies only for those term contracts
3 where the inclusion of other governmental entities will have
4 an adverse effect on competition or to those federal
5 facilities located in this state. In such planning or
6 purchasing the Office of Supplier Diversity may monitor to
7 ensure that opportunities are afforded for contracting with
8 minority business enterprises. The department, for state term
9 contracts, and all agencies, for multiyear contractual
10 services or term contracts, shall explore reasonable and
11 economical means to utilize certified minority business
12 enterprises. Purchases by any county, municipality, private
13 nonprofit community transportation coordinator designated
14 pursuant to chapter 427, while conducting business related
15 solely to the Commission for the Transportation Disadvantaged,
16 or other local public agency under the provisions in the state
17 purchasing contracts, and purchases, from the corporation
18 operating the correctional work programs, of products or
19 services that are subject to paragraph (1)(f), are exempt from
20 the competitive sealed bid requirements otherwise applying to
21 their purchases.
22 Section 946. Paragraph (c) of subsection (9) and
23 subsections (10) and (11) of section 287.055, Florida
24 Statutes, are amended to read:
25 287.055 Acquisition of professional architectural,
26 engineering, landscape architectural, or surveying and mapping
27 services; definitions; procedures; contingent fees prohibited;
28 penalties.--
29 (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
30 (c) Except as otherwise provided in s. 240.209(3) or
31 s. 337.11(7), the Department of Management Services shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 adopt rules for the award of design-build contracts to be
2 followed by state agencies. Each other agency must adopt
3 rules or ordinances for the award of design-build contracts.
4 Municipalities, political subdivisions, school districts, and
5 school boards shall award design-build contracts by the use of
6 a competitive proposal selection process as described in this
7 subsection, or by the use of a qualifications-based selection
8 process pursuant to subsections (3), (4), and (5) for entering
9 into a contract whereby the selected firm will subsequently
10 establish a guaranteed maximum price and guaranteed completion
11 date. If the procuring agency elects the option of
12 qualifications-based selection, during the selection of the
13 design-build firm the procuring agency shall employ or retain
14 a licensed design professional appropriate to the project to
15 serve as the agency's representative. Procedures for the use
16 of a competitive proposal selection process must include as a
17 minimum the following:
18 1. The preparation of a design criteria package for
19 the design and construction of the public construction
20 project.
21 2. The qualification and selection of no fewer than
22 three design-build firms as the most qualified, based on the
23 qualifications, availability, and past work of the firms,
24 including the partners or members thereof.
25 3. The criteria, procedures, and standards for the
26 evaluation of design-build contract proposals or bids, based
27 on price, technical, and design aspects of the public
28 construction project, weighted for the project.
29 4. The solicitation of competitive proposals, pursuant
30 to a design criteria package, from those qualified
31 design-build firms and the evaluation of the responses or bids
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Amendment No. ___ (for drafter's use only)
1 submitted by those firms based on the evaluation criteria and
2 procedures established prior to the solicitation of
3 competitive proposals.
4 5. For consultation with the employed or retained
5 design criteria professional concerning the evaluation of the
6 responses or bids submitted by the design-build firms, the
7 supervision or approval by the agency of the detailed working
8 drawings of the project; and for evaluation of the compliance
9 of the project construction with the design criteria package
10 by the design criteria professional.
11 6. In the case of public emergencies, for the agency
12 head to declare an emergency and authorize negotiations with
13 the best qualified design-build firm available at that time.
14 (10) REUSE OF EXISTING PLANS.--Notwithstanding any
15 other provision of this section, there shall be no public
16 notice requirement or utilization of the selection process as
17 provided in this section for projects in which the agency is
18 able to reuse existing plans from a prior project of the
19 agency, or, in the case of a board as defined in s. 1013.01
20 chapter 235, a prior project of that or any other board.
21 Except for plans of a board as defined in s. 1013.01 chapter
22 235, public notice for any plans that are intended to be
23 reused at some future time must contain a statement that
24 provides that the plans are subject to reuse in accordance
25 with the provisions of this subsection.
26 (11) CONSTRUCTION OF LAW.--Nothing in the amendment of
27 this section by chapter 75-281, Laws of Florida, is intended
28 to supersede the provisions of ss. 1013.45 and 1013.46 235.211
29 and 235.31.
30 Section 947. Subsection (1) of section 287.064,
31 Florida Statutes, is amended to read:
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 287.064 Consolidated financing of deferred-payment
2 purchases.--
3 (1) The Division of Bond Finance of the State Board of
4 Administration and the Comptroller shall plan and coordinate
5 deferred-payment purchases made by or on behalf of the state
6 or its agencies or by or on behalf of state community colleges
7 participating under this section pursuant to s. 1001.64(26)
8 240.319(4)(p). The Division of Bond Finance shall negotiate
9 and the Comptroller shall execute agreements and contracts to
10 establish master equipment financing agreements for
11 consolidated financing of deferred-payment, installment sale,
12 or lease purchases with a financial institution or a
13 consortium of financial institutions. As used in this act, the
14 term "deferred-payment" includes installment sale and
15 lease-purchase.
16 (a) The period during which equipment may be acquired
17 under any one master equipment financing agreement shall be
18 limited to not more than 3 years.
19 (b) Repayment of the whole or a part of the funds
20 drawn pursuant to the master equipment financing agreement may
21 continue beyond the period established pursuant to paragraph
22 (a).
23 (c) The interest rate component of any master
24 equipment financing agreement shall be deemed to comply with
25 the interest rate limitation imposed in s. 287.063 so long as
26 the interest rate component of every interagency or community
27 college agreement entered into under such master equipment
28 financing agreement complies with the interest rate limitation
29 imposed in s. 287.063. Such interest rate limitation does not
30 apply when the payment obligation under the master equipment
31 financing agreement is rated by a nationally recognized rating
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 service in any one of the three highest classifications, which
2 rating services and classifications are determined pursuant to
3 rules adopted by the Comptroller.
4 Section 948. Paragraph (f) of subsection (1) of
5 section 288.039, Florida Statutes, is amended to read:
6 288.039 Employing and Training our Youths (ENTRY).--
7 (1) DEFINITIONS.--As used in this section:
8 (f) "Public school" shall have the same meaning as in
9 s. 1000.04(1) 228.041(1)(a).
10 Section 949. Subsection (6) of section 288.8175,
11 Florida Statutes, is amended to read:
12 288.8175 Linkage institutes between postsecondary
13 institutions in this state and foreign countries.--
14 (6) Each institute is allowed to exempt from s.
15 1009.21 240.1201 up to 25 full-time equivalent students per
16 year from the respective host countries to study in any of the
17 state universities or community colleges in this state as
18 resident students for tuition purposes. The institute
19 directors shall develop criteria, to be approved by the
20 Department of Education, for the selection of these students.
21 Students must return home within 3 years after their tenure of
22 graduate or undergraduate study for a length of time equal to
23 their exemption period.
24 Section 950. Subsection (2) of section 295.01, Florida
25 Statutes, is amended to read:
26 295.01 Children of deceased or disabled veterans;
27 education.--
28 (2) The provisions of ss. 240.404, 295.03, 295.04, and
29 295.05, and 1009.40 shall apply.
30 Section 951. Subsection (2) of section 295.015,
31 Florida Statutes, is amended to read:
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 295.015 Children of prisoners of war and persons
2 missing in action; education.--
3 (2) The provisions of ss. 240.404, 295.03, 295.04, and
4 295.05, and 1009.40 shall apply.
5 Section 952. Subsection (2) of section 295.016,
6 Florida Statutes, is amended to read:
7 295.016 Children of service members who died or became
8 disabled in Operation Eagle Claw.--
9 (2) The provisions of ss. 240.404, 295.03, 295.04, and
10 295.05, and 1009.40 shall apply.
11 Section 953. Subsection (2) of section 295.017,
12 Florida Statutes, is amended to read:
13 295.017 Children of service members who died or became
14 disabled in the Lebanon and Grenada military arenas;
15 educational opportunity.--
16 (2) The provisions of ss. 240.404, 295.03, 295.04, and
17 295.05, and 1009.40 shall apply.
18 Section 954. Subsection (2) of section 295.018,
19 Florida Statutes, is amended to read:
20 295.018 Children of service members who died in
21 Newfoundland air tragedy; educational opportunity.--
22 (2) The provisions of ss. 240.404, 295.03, 295.04, and
23 295.05, and 1009.40 shall apply.
24 Section 955. Subsection (2) of section 295.019,
25 Florida Statutes, is amended to read:
26 295.019 Children of service members who died in U.S.S.
27 Stark attack.--
28 (2) The provisions of ss. 240.404, 295.03, 295.04, and
29 295.05, and 1009.40 shall apply.
30 Section 956. Subsection (2) of section 295.0195,
31 Florida Statutes, is amended to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 295.0195 Children of deceased or disabled military
2 personnel who died or became disabled in the Mideast Persian
3 Gulf military arena during hostilities with Iraq or in the
4 military action in Panama known as Operation Just Cause.--
5 (2) The provisions of ss. 240.404, 295.03, 295.04, and
6 295.05, and 1009.40 shall apply.
7 Section 957. Subsection (45) of section 316.003,
8 Florida Statutes, is amended to read:
9 316.003 Definitions.--The following words and phrases,
10 when used in this chapter, shall have the meanings
11 respectively ascribed to them in this section, except where
12 the context otherwise requires:
13 (45) SCHOOL BUS.--Any motor vehicle that complies with
14 the color and identification requirements of chapter 1006 234
15 and is used to transport children to or from public or private
16 school or in connection with school activities, but not
17 including buses operated by common carriers in urban
18 transportation of school children. The term "school" includes
19 all preelementary, elementary, secondary, and postsecondary
20 schools.
21 Section 958. Subsection (4) of section 316.027,
22 Florida Statutes, is amended to read:
23 316.027 Crash involving death or personal injuries.--
24 (4) A person whose commission of a noncriminal traffic
25 infraction or any violation of this chapter or s. 1006.66
26 240.265 causes or results in the death of another person may,
27 in addition to any other civil, criminal, or administrative
28 penalty imposed, be required by the court to serve 120
29 community service hours in a trauma center or hospital that
30 regularly receives victims of vehicle accidents, under the
31 supervision of a registered nurse, an emergency room
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 physician, or an emergency medical technician pursuant to a
2 voluntary community service program operated by the trauma
3 center or hospital.
4 Section 959. Paragraph (b) of subsection (9) of
5 section 316.515, Florida Statutes, is amended to read:
6 316.515 Maximum width, height, length.--
7 (9) BUSES AND PRIVATE MOTOR COACHES.--
8 (b) School buses which are subject to the provisions
9 of chapter 234 or s. 316.615 or chapter 1006 are exempt from
10 the provisions of this subsection.
11 Section 960. Subsection (5) of section 316.6145,
12 Florida Statutes, is amended to read:
13 316.6145 School buses; safety belts or other restraint
14 systems required.--
15 (5) The provisions of this section shall not apply to
16 vehicles as defined in s. 1006.25(1)(b) 234.051(1)(b).
17 Section 961. Paragraphs (a) and (c) of subsection (1)
18 of section 316.615, Florida Statutes, are amended to read:
19 316.615 School buses; physical requirements of
20 drivers.--
21 (1)(a) All motor vehicles, with a seating capacity of
22 24 or more pupils, which are regularly used for the
23 transportation of pupils to or from school, or to or from
24 school activities, shall comply with the requirements for
25 school buses of chapter 1006 234.
26 (c) A bus operated by an organization that holds a tax
27 exemption pursuant to 26 U.S.C. s. 501(c)(3) is exempt from
28 the color, pupil-warning-lamp-system, stop-arm, and
29 crossing-arm requirements for school buses in chapter 1006 234
30 if:
31 1. The bus does not pick up pupils from home or
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 deliver pupils to home;
2 2. The bus makes no intermittent stops to unload or
3 load pupils; and
4 3. The bus is not operated by or under the purview of
5 the state or political subdivision.
6 Section 962. Subsection (3) of section 316.70, Florida
7 Statutes, is amended to read:
8 316.70 Nonpublic sector buses; safety rules.--
9 (3) School buses subject to the provisions of chapter
10 1006 234 or s. 316.615 are exempt from the provisions of this
11 section.
12 Section 963. Subsection (2) of section 316.72, Florida
13 Statutes, is amended to read:
14 316.72 Buses simulating school buses in color and
15 insignia; conditions of use.--
16 (2) Any educational, recreational, religious, or
17 charitable organization may own, operate, rent, or lease any
18 bus which has been painted the orange or yellow color known as
19 "school bus chrome" and which has been equipped with the
20 signs, lights, insignia, and other features which normally
21 characterize a school bus, as defined in s. 1006.25 234.051,
22 consistent with the provisions of this section.
23 Section 964. Section 318.12, Florida Statutes, is
24 amended to read:
25 318.12 Purpose.--It is the legislative intent in the
26 adoption of this chapter to decriminalize certain violations
27 of chapter 316, the Florida Uniform Traffic Control Law;
28 chapter 320, Motor Vehicle Licenses; chapter 322, Drivers'
29 Licenses; chapter 240, Postsecondary Education; and chapter
30 338, Florida Intrastate Highway System and Toll Facilities;
31 and chapter 1006, Support of Learning, thereby facilitating
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the implementation of a more uniform and expeditious system
2 for the disposition of traffic infractions.
3 Section 965. Subsection (1) of section 318.14, Florida
4 Statutes, is amended to read:
5 318.14 Noncriminal traffic infractions; exception;
6 procedures.--
7 (1) Except as provided in ss. 318.17 and 320.07(3)(c),
8 any person cited for a violation of s. 1006.66(3) 240.265,
9 chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
10 s. 322.15(1), s. 322.16(2) or (3), s. 322.161(5), or s.
11 322.19, or s. 1006.66 is charged with a noncriminal infraction
12 and must be cited for such an infraction and cited to appear
13 before an official. If another person dies as a result of the
14 noncriminal infraction, the person cited may be required to
15 perform 120 community service hours under s. 316.027(4), in
16 addition to any other penalties.
17 Section 966. Paragraph (c) of subsection (2) of
18 section 320.08058, Florida Statutes, is amended to read:
19 320.08058 Specialty license plates.--
20 (2) CHALLENGER LICENSE PLATES.--
21 (c) Fifty percent must be distributed to the
22 Technological Research and Development Authority created by s.
23 2, chapter 87-455, Laws of Florida, for the purpose of funding
24 space-related research grants, the Teacher/Quest Scholarship
25 Program under s. 1009.61 240.4082 as approved by the Florida
26 Department of Education, and space-related economic
27 development programs. The Technological Research and
28 Development Authority shall coordinate and distribute
29 available resources among state universities and independent
30 colleges and universities based on the research strengths of
31 such institutions in space science technology, community
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 colleges, public school districts, and not-for-profit
2 educational organizations.
3 Section 967. Subsection (1) of section 320.20, Florida
4 Statutes, is amended to read:
5 320.20 Disposition of license tax moneys.--The revenue
6 derived from the registration of motor vehicles, including any
7 delinquent fees and excluding those revenues collected and
8 distributed under the provisions of s. 320.081, must be
9 distributed monthly, as collected, as follows:
10 (1) The first proceeds, to the extent necessary to
11 comply with the provisions of s. 18, Art. XII of the State
12 Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968
13 revised constitution, and the additional provisions of s. 9(d)
14 and s. 1010.57 236.602, must be deposited in the district
15 Capital Outlay and Debt Service School Trust Fund.
16 Section 968. Section 320.38, Florida Statutes, is
17 amended to read:
18 320.38 When nonresident exemption not allowed.--The
19 provisions of s. 320.37 authorizing the operation of motor
20 vehicles over the roads of this state by nonresidents of this
21 state when such vehicles are duly registered or licensed under
22 the laws of some other state or foreign country do not apply
23 to any nonresident who accepts employment or engages in any
24 trade, profession, or occupation in this state, except a
25 nonresident migrant farm worker as defined in s. 316.003(61).
26 In every case in which a nonresident, except a nonresident
27 migrant farm worker as defined in s. 316.003(61), accepts
28 employment or engages in any trade, profession, or occupation
29 in this state or enters his or her children to be educated in
30 the public schools of this state, such nonresident shall,
31 within 10 days after the commencement of such employment or
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education, register his or her motor vehicles in this state if
2 such motor vehicles are proposed to be operated on the roads
3 of this state. Any person who is enrolled as a student in a
4 college or university and who is a nonresident but who is in
5 this state for a period of up to 6 months engaged in a
6 work-study program for which academic credits are earned from
7 a college whose credits or degrees are accepted for credit by
8 at least three accredited institutions of higher learning, as
9 defined in s. 1005.02 246.021, is not required to have a
10 Florida registration for the duration of the work-study
11 program if the person's vehicle is properly registered in
12 another jurisdiction. Any nonresident who is enrolled as a
13 full-time student in such institution of higher learning is
14 also exempt for the duration of such enrollment.
15 Section 969. Subsection (3) of section 322.031,
16 Florida Statutes, is amended to read:
17 322.031 Nonresident; when license required.--
18 (3) A nonresident who is domiciled in another state
19 and who commutes into this state in order to work shall not be
20 required to obtain a Florida driver's license under this
21 section solely because he or she has accepted employment or
22 engages in any trade, profession, or occupation in this state
23 if he or she has a valid driver's license issued by another
24 state. Further, any person who is enrolled as a student in a
25 college or university and who is a nonresident but is in this
26 state for a period of up to 6 months engaged in a work-study
27 program for which academic credits are earned from a college
28 whose credits or degrees are accepted for credit by at least
29 three accredited institutions of higher learning, as defined
30 in s. 1005.02 246.021, shall not be required to obtain a
31 Florida driver's license for the duration of the work-study
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Amendment No. ___ (for drafter's use only)
1 program if such person has a valid driver's license issued by
2 another state. Any nonresident who is enrolled as a full-time
3 student in any such institution of higher learning is also
4 exempt from the requirement of obtaining a Florida driver's
5 license for the duration of such enrollment.
6 Section 970. Paragraph (e) of subsection (1) and
7 paragraph (a) of subsection (2) of section 322.091, Florida
8 Statutes, are amended to read:
9 322.091 Attendance requirements.--
10 (1) ELIGIBILITY REQUIREMENTS FOR DRIVING
11 PRIVILEGES.--A minor is not eligible for driving privileges
12 unless that minor:
13 (e) Has been issued a certificate of exemption
14 according to s. 1003.21(3) 232.06; or
15
16 The department may not issue a driver's license or learner's
17 driver's license to, or shall suspend the driver's license or
18 learner's driver's license of, any minor concerning whom the
19 department receives notification of noncompliance with the
20 requirements of this section.
21 (2) NOTIFICATION OF INTENT TO SUSPEND; SUSPENSION;
22 RECORD OF NONCOMPLIANCE.--
23 (a) The department shall notify each minor for whom
24 the department has received notification of noncompliance with
25 the requirements of this section as provided in s. 1003.27
26 232.19, and the minor's parent or guardian, of the
27 department's intent to suspend the minor's driving privileges.
28 Section 971. Subsection (5) of section 322.095,
29 Florida Statutes, is amended to read:
30 322.095 Traffic law and substance abuse education
31 program for driver's license applicants.--
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) The provisions of this section do not apply to any
2 person who has been licensed in any other jurisdiction or who
3 has satisfactorily completed a Department of Education
4 driver's education course offered pursuant to s. 1003.48
5 233.063.
6 Section 972. Paragraphs (a), (b), (c), and (d) of
7 subsection (1) of section 322.21, Florida Statutes, are
8 amended to read:
9 322.21 License fees; procedure for handling and
10 collecting fees.--
11 (1) Except as otherwise provided herein, the fee for:
12 (a) An original or renewal commercial driver's license
13 is $50, which shall include the fee for driver education
14 provided by s. 1003.48 233.063; however, if an applicant has
15 completed training and is applying for employment or is
16 currently employed in a public or nonpublic school system that
17 requires the commercial license, the fee shall be the same as
18 for a Class E driver's license. A delinquent fee of $1 shall
19 be added for a renewal made not more than 12 months after the
20 license expiration date.
21 (b) An original Class D or Class E driver's license is
22 $20, which shall include the fee for driver's education
23 provided by s. 1003.48 233.063; however, if an applicant has
24 completed training and is applying for employment or is
25 currently employed in a public or nonpublic school system that
26 requires a commercial driver license, the fee shall be the
27 same as for a Class E license.
28 (c) The renewal or extension of a Class D or Class E
29 driver's license or of a license restricted to motorcycle use
30 only is $15, except that a delinquent fee of $1 shall be added
31 for a renewal or extension made not more than 12 months after
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Amendment No. ___ (for drafter's use only)
1 the license expiration date. The fee provided in this
2 paragraph shall include the fee for driver's education
3 provided by s. 1003.48 233.063.
4 (d) An original driver's license restricted to
5 motorcycle use only is $20, which shall include the fee for
6 driver's education provided by s. 1003.48 233.063.
7 Section 973. Paragraphs (c) and (d) of subsection (2)
8 and subsection (6) of section 333.03, Florida Statutes, are
9 amended to read:
10 333.03 Power to adopt airport zoning regulations.--
11 (2) In the manner provided in subsection (1), interim
12 airport land use compatibility zoning regulations shall be
13 adopted. When political subdivisions have adopted land
14 development regulations in accordance with the provisions of
15 chapter 163 which address the use of land in the manner
16 consistent with the provisions herein, adoption of airport
17 land use compatibility regulations pursuant to this subsection
18 shall not be required. Interim airport land use compatibility
19 zoning regulations shall consider the following:
20 (c) Where an airport authority or other governing body
21 operating a publicly owned, public-use airport has conducted a
22 noise study in accordance with the provisions of 14 C.F.R.
23 part 150, neither residential construction nor any educational
24 facility as defined in chapter 1013 235, with the exception of
25 aviation school facilities, shall be permitted within the area
26 contiguous to the airport defined by an outer noise contour
27 that is considered incompatible with that type of construction
28 by 14 C.F.R. part 150, Appendix A or an equivalent noise level
29 as established by other types of noise studies.
30 (d) Where an airport authority or other governing body
31 operating a publicly owned, public-use airport has not
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 conducted a noise study, neither residential construction nor
2 any educational facility as defined in chapter 1013 235, with
3 the exception of aviation school facilities, shall be
4 permitted within an area contiguous to the airport measuring
5 one-half the length of the longest runway on either side of
6 and at the end of each runway centerline.
7 (6) Nothing in subsection (2) or subsection (3) shall
8 be construed to require the removal, alteration, sound
9 conditioning, or other change, or to interfere with the
10 continued use or adjacent expansion of any educational
11 structure or site in existence on July 1, 1993, or be
12 construed to prohibit the construction of any new structure
13 for which a site has been determined as provided in former s.
14 235.19, as of July 1, 1993.
15 Section 974. Subsection (7) of section 364.508,
16 Florida Statutes, is amended to read:
17 364.508 Definitions.--As used in this part:
18 (7) "Eligible facilities" means all approved campuses
19 and instructional centers of all public universities, public
20 community colleges, area technical centers, public elementary
21 schools, middle schools, and high schools, including school
22 administrative offices, public libraries, teaching hospitals,
23 the research institute described in s. 1004.43 240.512, and
24 rural public hospitals as defined in s. 395.602. If no rural
25 public hospital exists in a community, the public health
26 clinic which is responsible for individuals before they can be
27 transferred to a regional hospital shall be considered
28 eligible.
29 Section 975. Paragraph (k) of subsection (3) of
30 section 380.0651, Florida Statutes, is amended to read:
31 380.0651 Statewide guidelines and standards.--
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1 (3) The following statewide guidelines and standards
2 shall be applied in the manner described in s. 380.06(2) to
3 determine whether the following developments shall be required
4 to undergo development-of-regional-impact review:
5 (k) Schools.--
6 1. The proposed construction of any public, private,
7 or proprietary postsecondary educational campus which provides
8 for a design population of more than 5,000 full-time
9 equivalent students, or the proposed physical expansion of any
10 public, private, or proprietary postsecondary educational
11 campus having such a design population that would increase the
12 population by at least 20 percent of the design population.
13 2. As used in this paragraph, "full-time equivalent
14 student" means enrollment for 15 or more quarter hours during
15 a single academic semester. In technical area vocational
16 schools or other institutions which do not employ semester
17 hours or quarter hours in accounting for student
18 participation, enrollment for 18 contact hours shall be
19 considered equivalent to one quarter hour, and enrollment for
20 27 contact hours shall be considered equivalent to one
21 semester hour.
22 3. This paragraph does not apply to institutions which
23 are the subject of a campus master plan adopted by the
24 university board of trustees Board of Regents pursuant to s.
25 1013.30 240.155.
26 Section 976. Paragraph (e) of subsection (1) of
27 section 381.003, Florida Statutes, is amended to read:
28 381.003 Communicable disease and AIDS prevention and
29 control.--
30 (1) The department shall conduct a communicable
31 disease prevention and control program as part of fulfilling
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1 its public health mission. A communicable disease is any
2 disease caused by transmission of a specific infectious agent,
3 or its toxic products, from an infected person, an infected
4 animal, or the environment to a susceptible host, either
5 directly or indirectly. The communicable disease program must
6 include, but need not be limited to:
7 (e) Programs for the prevention and control of
8 vaccine-preventable diseases, including programs to immunize
9 school children as required by s. 1003.22(3)-(11) 232.032 and
10 the development of an automated, electronic, and centralized
11 database or registry of immunizations. The department shall
12 ensure that all children in this state are immunized against
13 vaccine-preventable diseases. The immunization registry shall
14 allow the department to enhance current immunization
15 activities for the purpose of improving the immunization of
16 all children in this state.
17 1. Except as provided in subparagraph 2., the
18 department shall include all children born in this state in
19 the immunization registry by using the birth records from the
20 Office of Vital Statistics. The department shall add other
21 children to the registry as immunization services are
22 provided.
23 2. The parent or guardian of a child may refuse to
24 have the child included in the immunization registry by
25 signing a form obtained from the department, or from the
26 health care practitioner or entity that provides the
27 immunization, which indicates that the parent or guardian does
28 not wish to have the child included in the immunization
29 registry. The decision to not participate in the immunization
30 registry must be noted in the registry.
31 3. The immunization registry shall allow for
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Amendment No. ___ (for drafter's use only)
1 immunization records to be electronically transferred to
2 entities that are required by law to have such records,
3 including schools, licensed child care facilities, and any
4 other entity that is required by law to obtain proof of a
5 child's immunizations.
6 4. Any health care practitioner licensed under chapter
7 458, chapter 459, or chapter 464 in this state who complies
8 with rules adopted by the department to access the
9 immunization registry may, through the immunization registry,
10 directly access immunization records and update a child's
11 immunization history or exchange immunization information with
12 another authorized practitioner, entity, or agency involved in
13 a child's care. The information included in the immunization
14 registry must include the child's name, date of birth,
15 address, and any other unique identifier necessary to
16 correctly identify the child; the immunization record,
17 including the date, type of administered vaccine, and vaccine
18 lot number; and the presence or absence of any adverse
19 reaction or contraindication related to the immunization.
20 Information received by the department for the immunization
21 registry retains its status as confidential medical
22 information and the department must maintain the
23 confidentiality of that information as otherwise required by
24 law. A health care practitioner or other agency that obtains
25 information from the immunization registry must maintain the
26 confidentiality of any medical records in accordance with s.
27 456.057 or as otherwise required by law.
28 Section 977. Paragraph (d) of subsection (1) of
29 section 381.005, Florida Statutes, is amended to read:
30 381.005 Primary and preventive health services.--
31 (1) The department shall conduct a primary and
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1 preventive health care program as part of fulfilling its
2 public health mission. This program shall include, but is not
3 limited to:
4 (d) School health services in accordance with chapters
5 1003 and 1006 chapter 232.
6 Section 978. Paragraph (p) of subsection (5) of
7 section 381.0056, Florida Statutes, is amended to read:
8 381.0056 School health services program.--
9 (5) Each county health department shall develop,
10 jointly with the district school board and the local school
11 health advisory committee, a school health services plan; and
12 the plan shall include, at a minimum, provisions for:
13 (p) Maintenance of records on incidents of health
14 problems, corrective measures taken, and such other
15 information as may be needed to plan and evaluate health
16 programs; except, however, that provisions in the plan for
17 maintenance of health records of individual students must be
18 in accordance with s. 1002.22 228.093;
19 Section 979. Subsection (9) of section 381.0302,
20 Florida Statutes, is amended to read:
21 381.0302 Florida Health Services Corps.--
22 (9) Persons who receive loan repayment assistance
23 under s. 1009.65 240.4067 shall be members of the Florida
24 Health Services Corps.
25 Section 980. Subsection (3) of section 391.055,
26 Florida Statutes, is amended to read:
27 391.055 Service delivery systems.--
28 (3) The Children's Medical Services network may
29 contract with school districts participating in the certified
30 school match program pursuant to ss. 236.0812 and 409.908(21)
31 and 1011.70 for the provision of school-based services, as
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Amendment No. ___ (for drafter's use only)
1 provided for in s. 409.9071, for Medicaid-eligible children
2 who are enrolled in the Children's Medical Services network.
3 Section 981. Section 393.0657, Florida Statutes, is
4 amended to read:
5 393.0657 Persons not required to be refingerprinted or
6 rescreened.--Any provision of law to the contrary
7 notwithstanding, human resource personnel who have been
8 fingerprinted or screened pursuant to chapters 393, 394, 397,
9 402, and 409, and teachers who have been fingerprinted
10 pursuant to chapter 1012 231, who have not been unemployed for
11 more than 90 days thereafter, and who under the penalty of
12 perjury attest to the completion of such fingerprinting or
13 screening and to compliance with the provisions of this
14 section and the standards for good moral character as
15 contained in such provisions as ss. 110.1127(3), 393.0655(1),
16 394.457(6), 397.451, 402.305(2), and 409.175(4), shall not be
17 required to be refingerprinted or rescreened in order to
18 comply with any direct service provider screening or
19 fingerprinting requirements.
20 Section 982. Subsection (3) of section 394.4572,
21 Florida Statutes, is amended to read:
22 394.4572 Screening of mental health personnel.--
23 (3) Prospective mental health personnel who have
24 previously been fingerprinted or screened pursuant to this
25 chapter, chapter 393, chapter 397, chapter 402, or chapter
26 409, or teachers who have been fingerprinted pursuant to
27 chapter 1012 231, who have not been unemployed for more than
28 90 days thereafter, and who under the penalty of perjury
29 attest to the completion of such fingerprinting or screening
30 and to compliance with the provisions of this section and the
31 standards for level 1 screening contained in chapter 435,
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1 shall not be required to be refingerprinted or rescreened in
2 order to comply with any screening requirements of this part.
3 Section 983. Subsection (5) of section 394.495,
4 Florida Statutes, is amended to read:
5 394.495 Child and adolescent mental health system of
6 care; programs and services.--
7 (5) In order to enhance collaboration between agencies
8 and to facilitate the provision of services by the child and
9 adolescent mental health treatment and support system and the
10 school district, the local child and adolescent mental health
11 system of care shall include the local educational multiagency
12 network for severely emotionally disturbed students specified
13 in s. 1006.04 230.2317.
14 Section 984. Paragraph (c) of subsection (4) of
15 section 394.498, Florida Statutes, is amended to read:
16 394.498 Child and Adolescent Interagency System of
17 Care Demonstration Models.--
18 (4) ESSENTIAL ELEMENTS.--
19 (c) In order for children, adolescents, and families
20 of children and adolescents to receive timely and effective
21 services, the basic provider network identified in each
22 demonstration model must be well designed and managed. The
23 provider network should be able to meet the needs of a
24 significant proportion of the target population. The applicant
25 must demonstrate the capability to manage the network of
26 providers for the purchasers that participate in the
27 demonstration model. The applicant must demonstrate its
28 ability to perform the following network management functions:
29 1. Identify providers within the designated area of
30 the demonstration model which are currently funded by the
31 state agencies included in the model, and identify additional
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1 providers that are needed to provide additional services for
2 the target population. The network of providers may include:
3 a. Licensed mental health professionals as defined in
4 s. 394.455(2), (4), (21), (23), or (24);
5 b. Professionals licensed under chapter 491;
6 c. Teachers certified under s. 1012.56 231.17;
7 d. Facilities licensed under chapter 395, as a
8 hospital; s. 394.875, as a crisis stabilization unit or
9 short-term residential facility; or s. 409.175, as a
10 residential child-caring agency; and
11 e. Other community agencies.
12 2. Define access points and service linkages of
13 providers in the network.
14 3. Define the ways in which providers and
15 participating state agencies are expected to collaborate in
16 providing services.
17 4. Define methods to measure the collective
18 performance outcomes of services provided by providers and
19 state agencies, measure the performance of individual
20 agencies, and implement a quality improvement process across
21 the provider network.
22 5. Develop brochures for family members which are
23 written in understandable terminology, to help families
24 identify appropriate service providers, choose the provider,
25 and access care directly whenever possible.
26 6. Ensure that families are given a substantial role
27 in planning and monitoring the provider network.
28 7. Train all providers with respect to the principles
29 of care outlined in this section, including effective
30 techniques of cooperation, the wraparound process and
31 strengths-based assessment, the development of service plans,
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1 and techniques of case management.
2 Section 985. Subsection (3) of section 395.602,
3 Florida Statutes, is amended to read:
4 395.602 Rural hospitals.--
5 (3) USE OF FUNDS.--It is the intent of the Legislature
6 that funds as appropriated shall be utilized by the department
7 for the purpose of increasing the number of primary care
8 physicians, physician assistants, certified nurse midwives,
9 nurse practitioners, and nurses in rural areas, either through
10 the Medical Education Reimbursement and Loan Repayment Program
11 as defined by s. 1009.65 240.4067 or through a federal loan
12 repayment program which requires state matching funds. The
13 department may use funds appropriated for the Medical
14 Education Reimbursement and Loan Repayment Program as matching
15 funds for federal loan repayment programs for health care
16 personnel, such as that authorized in Pub. L. No. 100-177, s.
17 203. If the department receives federal matching funds, the
18 department shall only implement the federal program.
19 Reimbursement through either program shall be limited to:
20 (a) Primary care physicians, physician assistants,
21 certified nurse midwives, nurse practitioners, and nurses
22 employed by or affiliated with rural hospitals, as defined in
23 this act; and
24 (b) Primary care physicians, physician assistants,
25 certified nurse midwives, nurse practitioners, and nurses
26 employed by or affiliated with rural area health education
27 centers, as defined in this section. These personnel shall
28 practice:
29 1. In a county with a population density of no greater
30 than 100 persons per square mile; or
31 2. Within the boundaries of a hospital tax district
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1 which encompasses a population of no greater than 100 persons
2 per square mile.
3
4 If the department administers a federal loan repayment
5 program, priority shall be given to obligating state and
6 federal matching funds pursuant to paragraphs (a) and (b).
7 The department may use federal matching funds in other health
8 workforce shortage areas and medically underserved areas in
9 the state for loan repayment programs for primary care
10 physicians, physician assistants, certified nurse midwives,
11 nurse practitioners, and nurses who are employed by publicly
12 financed health care programs that serve medically indigent
13 persons.
14 Section 986. Subsection (3) of section 395.605,
15 Florida Statutes, is amended to read:
16 395.605 Emergency care hospitals.--
17 (3) For the purpose of participation in the Medical
18 Education Reimbursement and Loan Repayment Program as defined
19 in s. 1009.65 240.4067 or other loan repayment or incentive
20 programs designed to relieve medical workforce shortages, the
21 department shall treat emergency care hospitals in the same
22 manner as rural hospitals.
23 Section 987. Subsection (3) of section 397.405,
24 Florida Statutes, is amended to read:
25 397.405 Exemptions from licensure.--The following are
26 exempt from the licensing provisions of this chapter:
27 (3) A substance abuse education program established
28 pursuant to s. 1003.42 233.061.
29
30 The exemptions from licensure in this section do not apply to
31 any facility or entity which receives an appropriation, grant,
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1 or contract from the state to operate as a service provider as
2 defined in this chapter or to any substance abuse program
3 regulated pursuant to s. 397.406. No provision of this
4 chapter shall be construed to limit the practice of a
5 physician licensed under chapter 458 or chapter 459, a
6 psychologist licensed under chapter 490, or a psychotherapist
7 licensed under chapter 491, providing outpatient or inpatient
8 substance abuse treatment to a voluntary patient, so long as
9 the physician, psychologist, or psychotherapist does not
10 represent to the public that he or she is a licensed service
11 provider under this act. Failure to comply with any
12 requirement necessary to maintain an exempt status under this
13 section is a misdemeanor of the first degree, punishable as
14 provided in s. 775.082 or s. 775.083.
15 Section 988. Subsection (4) of section 397.451,
16 Florida Statutes, is amended to read:
17 397.451 Background checks of service provider
18 personnel who have direct contact with unmarried minor clients
19 or clients who are developmentally disabled.--
20 (4) PERSONNEL EXEMPT FROM BEING REFINGERPRINTED OR
21 RECHECKED.--Service provider personnel who have been
22 fingerprinted or had their backgrounds checked pursuant to
23 chapter 393, chapter 394, chapter 402, or chapter 409, or this
24 section, and teachers who have been fingerprinted pursuant to
25 chapter 1012 231, who have not been unemployed for more than
26 90 days thereafter and who, under the penalty of perjury,
27 attest to the completion of such fingerprinting or background
28 checks and to compliance with the provisions of this section
29 and the standards contained in chapter 435 and this section,
30 are not required to be refingerprinted or rechecked in order
31 to comply with service provider personnel fingerprinting or
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1 background check requirements.
2 Section 989. Paragraph (h) of subsection (2) of
3 section 397.951, Florida Statutes, is amended to read:
4 397.951 Treatment and sanctions.--The Legislature
5 recognizes that the integration of treatment and sanctions
6 greatly increases the effectiveness of substance abuse
7 treatment. It is the responsibility of the department and the
8 substance abuse treatment provider to employ the full measure
9 of sanctions available to require participation and completion
10 of treatment to ensure successful outcomes for children in
11 substance abuse treatment.
12 (2) The department shall ensure that substance abuse
13 treatment providers employ any and all appropriate available
14 sanctions necessary to engage, motivate, and maintain a child
15 in treatment, including, but not limited to, provisions in law
16 that:
17 (h) Provide that the use, possession, or sale of
18 controlled substances, as defined in chapter 893, or
19 possession of electronic telephone pagers, by any student
20 while such student is upon school property or in attendance at
21 a school function is grounds for disciplinary action by the
22 school and may also result in criminal penalties being imposed
23 pursuant to s. 1006.09(1)-(4) 232.26.
24 Section 990. Subsection (2), (4), and (7) of section
25 402.22, Florida Statutes, are amended to read:
26 402.22 Education program for students who reside in
27 residential care facilities operated by the Department of
28 Children and Family Services.--
29 (2) District school boards shall establish educational
30 programs for all students ages 5 through 18 under the
31 residential care of the Department of Children and Family
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1 Services and may provide for students below age 3 as provided
2 for in s. 1003.21(1)(e) 232.01(1)(e). Funding of such programs
3 shall be pursuant to s. 1011.62 236.081.
4 (4) Students age 18 and under who are under the
5 residential care of the Department of Children and Family
6 Services and who receive an education program shall be
7 calculated as full-time equivalent student membership in the
8 appropriate cost factor as provided for in s. 1011.62(1)(c)
9 236.081(1)(c). Residential care facilities of the Department
10 of Children and Family Services shall include, but not be
11 limited to, developmental services institutions and state
12 mental health facilities. All students shall receive their
13 education program from the district school system, and funding
14 shall be allocated through the Florida Education Finance
15 Program for the district school system.
16 (7) Notwithstanding the provisions of s. 1001.42(4)(n)
17 230.23(4)(n), the educational program at the Marianna Sunland
18 Center in Jackson County shall be operated by the Department
19 of Education, either directly or through grants or contractual
20 agreements with other public educational agencies. The annual
21 state allocation to any such agency shall be computed pursuant
22 to s. 1011.62(1), (2), and (5) 236.081(1), (2), and (5) and
23 allocated in the amount that would have been provided the
24 local school district in which the residential facility is
25 located.
26 Section 991. Subsection (3) of section 402.302,
27 Florida Statutes, is amended to read:
28 402.302 Definitions.--
29 (3) "Child care personnel" means all owners,
30 operators, employees, and volunteers working in a child care
31 facility. The term does not include persons who work in a
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1 child care facility after hours when children are not present
2 or parents of children in Head Start. For purposes of
3 screening, the term includes any member, over the age of 12
4 years, of a child care facility operator's family, or person,
5 over the age of 12 years, residing with a child care facility
6 operator if the child care facility is located in or adjacent
7 to the home of the operator or if the family member of, or
8 person residing with, the child care facility operator has any
9 direct contact with the children in the facility during its
10 hours of operation. Members of the operator's family or
11 persons residing with the operator who are between the ages of
12 12 years and 18 years shall not be required to be
13 fingerprinted but shall be screened for delinquency records.
14 For purposes of screening, the term shall also include persons
15 who work in child care programs which provide care for
16 children 15 hours or more each week in public or nonpublic
17 schools, summer day camps, family day care homes, or those
18 programs otherwise exempted under s. 402.316. The term does
19 not include public or nonpublic school personnel who are
20 providing care during regular school hours, or after hours for
21 activities related to a school's program for grades
22 kindergarten through 12 as required under chapter 232. A
23 volunteer who assists on an intermittent basis for less than
24 40 hours per month is not included in the term "personnel" for
25 the purposes of screening and training, provided that the
26 volunteer is under direct and constant supervision by persons
27 who meet the personnel requirements of s. 402.305(2).
28 Students who observe and participate in a child care facility
29 as a part of their required coursework shall not be considered
30 child care personnel, provided such observation and
31 participation are on an intermittent basis and the students
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Amendment No. ___ (for drafter's use only)
1 are under direct and constant supervision of child care
2 personnel.
3 Section 992. Section 402.3057, Florida Statutes, is
4 amended to read:
5 402.3057 Persons not required to be refingerprinted or
6 rescreened.--Any provision of law to the contrary
7 notwithstanding, human resource personnel who have been
8 fingerprinted or screened pursuant to chapters 393, 394, 397,
9 402, and 409, and teachers and noninstructional personnel who
10 have been fingerprinted pursuant to chapter 1012 231, who have
11 not been unemployed for more than 90 days thereafter, and who
12 under the penalty of perjury attest to the completion of such
13 fingerprinting or screening and to compliance with the
14 provisions of this section and the standards for good moral
15 character as contained in such provisions as ss. 110.1127(3),
16 393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(4),
17 shall not be required to be refingerprinted or rescreened in
18 order to comply with any caretaker screening or fingerprinting
19 requirements.
20 Section 993. Paragraphs (a) and (b) of subsection (3)
21 of section 409.145, Florida Statutes, are amended to read:
22 409.145 Care of children.--
23 (3)(a) The department is authorized to continue to
24 provide the services of the children's foster care program to
25 individuals 18 to 21 years of age who are enrolled in high
26 school, in a program leading to a high school equivalency
27 diploma as defined in s. 1003.435 229.814, or in a full-time
28 career education program, and to continue to provide services
29 of the children's foster care program to individuals 18 to 23
30 years of age who are enrolled full-time in a postsecondary
31 educational institution granting a degree, a certificate, or
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1 an applied technology diploma, if the following requirements
2 are met:
3 1. The individual was committed to the legal custody
4 of the department for placement in foster care as a dependent
5 child;
6 2. All other resources have been thoroughly explored,
7 and it can be clearly established that there are no
8 alternative resources for placement; and
9 3. A written service agreement which specifies
10 responsibilities and expectations for all parties involved has
11 been signed by a representative of the department, the
12 individual, and the foster parent or licensed child-caring
13 agency providing the placement resources.
14 (b) The services of the foster care program shall
15 continue for those individuals 18 to 21 years of age only for
16 the period of time the individual is continuously enrolled in
17 high school, in a program leading to a high school equivalency
18 diploma as defined in s. 1003.435 229.814, or in a full-time
19 career education program; and shall continue for those
20 individuals 18 to 23 years of age only for the period of time
21 the individual is continuously enrolled full-time in a
22 postsecondary educational institution granting a degree, a
23 certificate, or an applied technology diploma. Services shall
24 be terminated upon completion of or withdrawal or permanent
25 expulsion from high school, the program leading to a high
26 school equivalency diploma, the full-time career and technical
27 education program, or the postsecondary educational
28 institution granting a degree, a certificate, or an applied
29 technology diploma. In addition, the department may, based
30 upon the availability of funds, provide assistance to those
31 individuals who leave foster care when they attain 18 years of
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1 age and subsequently request assistance prior to their 21st
2 birthday. The following are examples of assistance that may be
3 provided: referrals for employment, services for educational
4 or career vocational development, and housing assistance.
5 Section 994. Section 409.1757, Florida Statutes, is
6 amended to read:
7 409.1757 Persons not required to be refingerprinted or
8 rescreened.--Any provision of law to the contrary
9 notwithstanding, human resource personnel who have been
10 fingerprinted or screened pursuant to chapters 393, 394, 397,
11 402, and this chapter, and teachers who have been
12 fingerprinted pursuant to chapter 1012 231, who have not been
13 unemployed for more than 90 days thereafter, and who under the
14 penalty of perjury attest to the completion of such
15 fingerprinting or screening and to compliance with the
16 provisions of this section and the standards for good moral
17 character as contained in such provisions as ss. 110.1127(3),
18 393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(4),
19 shall not be required to be refingerprinted or rescreened in
20 order to comply with any caretaker screening or fingerprinting
21 requirements.
22 Section 995. Subsections (1) and (2) of section
23 409.2598, Florida Statutes, are amended to read:
24 409.2598 Suspension or denial of new or renewal
25 licenses; registrations; certifications.--
26 (1) The Title IV-D agency may petition the court that
27 entered the support order or the court that is enforcing the
28 support order to deny or suspend the license, registration, or
29 certificate issued under chapter 231, chapter 370, chapter
30 372, chapter 409, chapter 455, chapter 456, chapter 559,
31 chapter 1012, s. 328.42, or s. 597.010 of any obligor with a
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 delinquent support obligation or who fails, after receiving
2 appropriate notice, to comply with subpoenas, orders to
3 appear, orders to show cause, or similar orders relating to
4 paternity or support proceedings. However, a petition may not
5 be filed until the Title IV-D agency has exhausted all other
6 available remedies. The purpose of this section is to promote
7 the public policy of the state as established in s. 409.2551.
8 (2) The Title IV-D agency is authorized to screen all
9 applicants for new or renewal licenses, registrations, or
10 certificates and current licenses, registrations, or
11 certificates and current licensees, registration holders, and
12 certificateholders of all licenses, registrations, and
13 certificates issued under chapter 231, chapter 370, chapter
14 372, chapter 409, chapter 455, chapter 456, or chapter 559,
15 chapter 1012, or s. 328.42 to ensure compliance with any
16 support obligation and any subpoenas, orders to appear, orders
17 to show cause, or similar orders relating to paternity or
18 support proceedings. If the Title IV-D agency determines that
19 an applicant, licensee, registration holder, or
20 certificateholder is an obligor who is delinquent on a support
21 obligation or who is not in compliance with a subpoena, order
22 to appear, order to show cause, or similar order relating to
23 paternity or support proceedings, the Title IV-D agency shall
24 certify the delinquency pursuant to s. 61.14.
25 Section 996. Subsections (1) and (6) of section
26 409.9071, Florida Statutes, as amended by section 2 of chapter
27 97-168, Laws of Florida, are amended to read:
28 409.9071 Medicaid provider agreements for school
29 districts certifying state match.--
30 (1) The agency shall submit a state plan amendment by
31 September 1, 1997, for the purpose of obtaining federal
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 authorization to reimburse school-based services as provided
2 in former s. 236.0812 pursuant to the rehabilitative services
3 option provided under 42 U.S.C. s. 1396d(a)(13). For purposes
4 of this section, billing agent consulting services shall be
5 considered billing agent services, as that term is used in s.
6 409.913(9), and, as such, payments to such persons shall not
7 be based on amounts for which they bill nor based on the
8 amount a provider receives from the Medicaid program. This
9 provision shall not restrict privatization of Medicaid
10 school-based services. Subject to any limitations provided for
11 in the General Appropriations Act, the agency, in compliance
12 with appropriate federal authorization, shall develop policies
13 and procedures and shall allow for certification of state and
14 local education funds which have been provided for
15 school-based services as specified in s. 1011.70 236.0812 and
16 authorized by a physician's order where required by federal
17 Medicaid law. Any state or local funds certified pursuant to
18 this section shall be for children with specified disabilities
19 who are eligible for both Medicaid and part B or part H of the
20 Individuals with Disabilities Education Act (IDEA), or the
21 exceptional student education program, or who have an
22 individualized educational plan.
23 (6) Retroactive reimbursements for services as
24 specified in former s. 236.0812 as of July 1, 1996, including
25 reimbursement for the 1995-1996 and 1996-1997 school years,
26 subject to federal approval.
27 Section 997. Subsection (1) of section 409.9071,
28 Florida Statutes, as amended by sections 13 and 18 of chapter
29 97-263, Laws of Florida, is amended to read:
30 409.9071 Medicaid provider agreements for school
31 districts certifying state match.--
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (1) Subject to any limitations provided for in the
2 General Appropriations Act, the agency, in compliance with
3 appropriate federal authorization, shall develop policies and
4 procedures to allow for certification of state and local
5 education funds which have been provided for services as
6 authorized in s. 1011.70 236.0812. Any state or local funds
7 certified pursuant to this section shall be for children with
8 specified disabilities who are eligible for Medicaid and who
9 have an individualized educational plan that demonstrates that
10 such services are medically necessary and a physician
11 authorization order if required by federal Medicaid laws.
12 Section 998. Subsection (21) of section 409.908,
13 Florida Statutes, is amended to read:
14 409.908 Reimbursement of Medicaid providers.--Subject
15 to specific appropriations, the agency shall reimburse
16 Medicaid providers, in accordance with state and federal law,
17 according to methodologies set forth in the rules of the
18 agency and in policy manuals and handbooks incorporated by
19 reference therein. These methodologies may include fee
20 schedules, reimbursement methods based on cost reporting,
21 negotiated fees, competitive bidding pursuant to s. 287.057,
22 and other mechanisms the agency considers efficient and
23 effective for purchasing services or goods on behalf of
24 recipients. Payment for Medicaid compensable services made on
25 behalf of Medicaid eligible persons is subject to the
26 availability of moneys and any limitations or directions
27 provided for in the General Appropriations Act or chapter 216.
28 Further, nothing in this section shall be construed to prevent
29 or limit the agency from adjusting fees, reimbursement rates,
30 lengths of stay, number of visits, or number of services, or
31 making any other adjustments necessary to comply with the
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 availability of moneys and any limitations or directions
2 provided for in the General Appropriations Act, provided the
3 adjustment is consistent with legislative intent.
4 (21) The agency shall reimburse school districts which
5 certify the state match pursuant to ss. 1011.70 236.0812 and
6 409.9071 for the federal portion of the school district's
7 allowable costs to deliver the services, based on the
8 reimbursement schedule. The school district shall determine
9 the costs for delivering services as authorized in ss. 1011.70
10 236.0812 and 409.9071 for which the state match will be
11 certified. Reimbursement of school-based providers is
12 contingent on such providers being enrolled as Medicaid
13 providers and meeting the qualifications contained in 42
14 C.F.R. s. 440.110, unless otherwise waived by the federal
15 Health Care Financing Administration. Speech therapy providers
16 who are certified through the Department of Education pursuant
17 to rule 6A-4.0176, Florida Administrative Code, are eligible
18 for reimbursement for services that are provided on school
19 premises. Any employee of the school district who has been
20 fingerprinted and has received a criminal background check in
21 accordance with Department of Education rules and guidelines
22 shall be exempt from any agency requirements relating to
23 criminal background checks.
24 Section 999. Paragraph (a) of subsection (2) of
25 section 409.9122, Florida Statutes, is amended to read:
26 409.9122 Mandatory Medicaid managed care enrollment;
27 programs and procedures.--
28 (2)(a) The agency shall enroll in a managed care plan
29 or MediPass all Medicaid recipients, except those Medicaid
30 recipients who are: in an institution; enrolled in the
31 Medicaid medically needy program; or eligible for both
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Medicaid and Medicare. However, to the extent permitted by
2 federal law, the agency may enroll in a managed care plan or
3 MediPass a Medicaid recipient who is exempt from mandatory
4 managed care enrollment, provided that:
5 1. The recipient's decision to enroll in a managed
6 care plan or MediPass is voluntary;
7 2. If the recipient chooses to enroll in a managed
8 care plan, the agency has determined that the managed care
9 plan provides specific programs and services which address the
10 special health needs of the recipient; and
11 3. The agency receives any necessary waivers from the
12 federal Health Care Financing Administration.
13
14 The agency shall develop rules to establish policies by which
15 exceptions to the mandatory managed care enrollment
16 requirement may be made on a case-by-case basis. The rules
17 shall include the specific criteria to be applied when making
18 a determination as to whether to exempt a recipient from
19 mandatory enrollment in a managed care plan or MediPass.
20 School districts participating in the certified school match
21 program pursuant to ss. 1011.70 236.0812 and 409.908(21) shall
22 be reimbursed by Medicaid, subject to the limitations of s.
23 1011.70(1) 236.0812(1) and (2), for a Medicaid-eligible child
24 participating in the services as authorized in s. 1011.70
25 236.0812, as provided for in s. 409.9071, regardless of
26 whether the child is enrolled in MediPass or a managed care
27 plan. Managed care plans shall make a good faith effort to
28 execute agreements with school districts regarding the
29 coordinated provision of services authorized under s. 1011.70
30 236.0812. County health departments delivering school-based
31 services pursuant to ss. 381.0056 and 381.0057 shall be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reimbursed by Medicaid for the federal share for a
2 Medicaid-eligible child who receives Medicaid-covered services
3 in a school setting, regardless of whether the child is
4 enrolled in MediPass or a managed care plan. Managed care
5 plans shall make a good faith effort to execute agreements
6 with county health departments regarding the coordinated
7 provision of services to a Medicaid-eligible child. To ensure
8 continuity of care for Medicaid patients, the agency, the
9 Department of Health, and the Department of Education shall
10 develop procedures for ensuring that a student's managed care
11 plan or MediPass provider receives information relating to
12 services provided in accordance with ss. 236.0812, 381.0056,
13 381.0057, and 409.9071, and 1011.70.
14 Section 1000. Paragraph (d) of subsection (5) and
15 subsection (10) of section 411.01, Florida Statutes, are
16 amended to read:
17 411.01 Florida Partnership for School Readiness;
18 school readiness coalitions.--
19 (5) CREATION OF SCHOOL READINESS COALITIONS.--
20 (d) Implementation.--
21 1. The school readiness program is to be phased in.
22 Until the coalition implements its plan, the county shall
23 continue to receive the services identified in subsection (3)
24 through the various agencies that would be responsible for
25 delivering those services under current law. Plan
26 implementation is subject to approval of the coalition and the
27 plan by the Florida Partnership for School Readiness.
28 2. Each school readiness coalition shall develop a
29 plan for implementing the school readiness program to meet the
30 requirements of this section and the performance standards and
31 outcome measures established by the partnership. The plan must
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 include a written description of the role of the program in
2 the coalition's effort to meet the first state education goal,
3 readiness to start school, including a description of the plan
4 to involve the prekindergarten early intervention programs,
5 Head Start Programs, programs offered by public or private
6 providers of child care, preschool programs for children with
7 disabilities, programs for migrant children, Title I programs,
8 subsidized child care programs, and teen parent programs. The
9 plan must also demonstrate how the program will ensure that
10 each 3-year-old and 4-year-old child in a publicly funded
11 school readiness program receives scheduled activities and
12 instruction designed to prepare children to enter kindergarten
13 ready to learn. Prior to implementation of the program, the
14 school readiness coalition must submit the plan to the
15 partnership for approval. The partnership may approve the
16 plan, reject the plan, or approve the plan with conditions.
17 The Florida Partnership for School Readiness shall review
18 coalition plans at least annually.
19 3. The plan for the school readiness program must
20 include the following minimum standards and provisions:
21 a. A sliding fee scale establishing a copayment for
22 parents based upon their ability to pay, which is the same for
23 all program providers, to be implemented and reflected in each
24 program's budget.
25 b. A choice of settings and locations in licensed,
26 registered, religious-exempt, or school-based programs to be
27 provided to parents.
28 c. Instructional staff who have completed the training
29 course as required in s. 402.305(2)(d)1., as well as staff who
30 have additional training or credentials as required by the
31 partnership. The plan must provide a method for assuring the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 qualifications of all personnel in all program settings.
2 d. Specific eligibility priorities for children within
3 the coalition's county pursuant to subsection (6).
4 e. Performance standards and outcome measures
5 established by the partnership or alternatively, standards and
6 outcome measures to be used until such time as the partnership
7 adopts such standards and outcome measures.
8 f. Reimbursement rates that have been developed by the
9 coalition. Reimbursement rates shall not have the effect of
10 limiting parental choice or creating standards or levels of
11 services that have not been authorized by the Legislature.
12 g. Systems support services, including a central
13 agency, child care resource and referral, eligibility
14 determinations, training of providers, and parent support and
15 involvement.
16 h. Direct enhancement services to families and
17 children. System support and direct enhancement services shall
18 be in addition to payments for the placement of children in
19 school readiness programs.
20 i. A business plan, which must include the contract
21 with a school readiness agent if the coalition is not a
22 legally established corporate entity. Coalitions may contract
23 with other coalitions to achieve efficiency in multiple-county
24 services, and such contracts may be part of the coalition's
25 business plan.
26 j. Strategies to meet the needs of unique populations,
27 such as migrant workers.
28
29 As part of the plan, the coalition may request the Governor to
30 apply for a waiver to allow the coalition to administer the
31 Head Start Program to accomplish the purposes of the school
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 readiness program. If any school readiness plan can
2 demonstrate that specific statutory goals can be achieved more
3 effectively by using procedures that require modification of
4 existing rules, policies, or procedures, a request for a
5 waiver to the partnership may be made as part of the plan.
6 Upon review, the partnership may grant the proposed
7 modification.
8 4. Persons with an early childhood teaching
9 certificate may provide support and supervision to other staff
10 in the school readiness program.
11 5. The coalition may not implement its plan until it
12 submits the plan to and receives approval from the
13 partnership. Once the plan has been approved, the plan and the
14 services provided under the plan shall be controlled by the
15 coalition rather than by the state agencies or departments.
16 The plan shall be reviewed and revised as necessary, but at
17 least biennially.
18 6. The following statutes will not apply to local
19 coalitions with approved plans: ss. 125.901(2)(a)3., 411.221,
20 and 411.232. To facilitate innovative practices and to allow
21 local establishment of school readiness programs, a school
22 readiness coalition may apply to the Governor and Cabinet for
23 a waiver of, and the Governor and Cabinet may waive, any of
24 the provisions of ss. 230.23166, 411.223, and 411.232, and
25 1003.54 if the waiver is necessary for implementation of the
26 coalition's school readiness plan.
27 7. Two or more counties may join for the purpose of
28 planning and implementing a school readiness program.
29 8. A coalition may, subject to approval of the
30 partnership as part of the coalition's plan, receive
31 subsidized child care funds for all children eligible for any
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 federal subsidized child care program and be the provider of
2 the program services.
3 9. Coalitions are authorized to enter into multiparty
4 contracts with multicounty service providers in order to meet
5 the needs of unique populations such as migrant workers.
6 (10) SCHOOL READINESS UNIFORM SCREENING.--The
7 Department of Education shall implement a school readiness
8 uniform screening, including a pilot program during the
9 2001-2002 school year, to validate the system recommended by
10 the Florida Partnership for School Readiness as part of a
11 comprehensive evaluation design. Beginning with the 2002-2003
12 school year, the department shall require that all school
13 districts administer the school readiness uniform screening to
14 each kindergarten student in the district school system upon
15 the student's entry into kindergarten. Children who enter
16 public school for the first time in first grade must undergo a
17 uniform screening adopted for use in first grade. The
18 department shall incorporate school readiness data into the
19 K-20 data warehouse for longitudinal tracking. Notwithstanding
20 s. 1002.22 228.093, the department shall provide the
21 partnership and the Agency for Workforce Innovation with
22 complete and full access to kindergarten uniform screening
23 data at the student, school, district, and state levels in a
24 format that will enable the partnership and the agency to
25 prepare reports needed by state policymakers and local school
26 readiness coalitions to access progress toward school
27 readiness goals and provide input for continuous improvement
28 of local school readiness services and programs.
29 Section 1001. Paragraph (f) of subsection (8) of
30 section 411.203, Florida Statutes, is amended to read:
31 411.203 Continuum of comprehensive services.--The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Department of Education and the Department of Health and
2 Rehabilitative Services shall utilize the continuum of
3 prevention and early assistance services for high-risk
4 pregnant women and for high-risk and handicapped children and
5 their families, as outlined in this section, as a basis for
6 the intraagency and interagency program coordination,
7 monitoring, and analysis required in this chapter. The
8 continuum shall be the guide for the comprehensive statewide
9 approach for services for high-risk pregnant women and for
10 high-risk and handicapped children and their families, and may
11 be expanded or reduced as necessary for the enhancement of
12 those services. Expansion or reduction of the continuum shall
13 be determined by intraagency or interagency findings and
14 agreement, whichever is applicable. Implementation of the
15 continuum shall be based upon applicable eligibility criteria,
16 availability of resources, and interagency prioritization when
17 programs impact both agencies, or upon single agency
18 prioritization when programs impact only one agency. The
19 continuum shall include, but not be limited to:
20 (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND
21 PARENTS OF HIGH-RISK CHILDREN.--
22 (f) Parent support groups, such as the community
23 resource mother or father program as established in s. 402.45,
24 the Florida First Start Program as established in s. 230.2303,
25 or parents as first teachers, to strengthen families and to
26 enable families of high-risk children to better meet their
27 needs.
28 Section 1002. Subsection (2) of section 411.223,
29 Florida Statutes, is amended to read:
30 411.223 Uniform standards.--
31 (2) Duplicative diagnostic and planning practices
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be eliminated to the extent possible. Diagnostic and
2 other information necessary to provide quality services to
3 high-risk or handicapped children shall be shared among the
4 program offices of the Department of Children and Family
5 Services, pursuant to the provisions of s. 1002.22 228.093.
6 Section 1003. Subsection (1) of section 414.1251,
7 Florida Statutes, is amended to read:
8 414.1251 Learnfare program.--
9 (1) The department shall reduce the temporary cash
10 assistance for a participant's eligible dependent child or for
11 an eligible teenage participant who has not been exempted from
12 education participation requirements, if the eligible
13 dependent child or eligible teenage participant has been
14 identified either as a habitual truant, pursuant to s.
15 1003.01(8) 228.041(28), or as a dropout, pursuant to s.
16 1003.01(9) 228.041(29). For a student who has been identified
17 as a habitual truant, the temporary cash assistance must be
18 reinstated after a subsequent grading period in which the
19 child's attendance has substantially improved. For a student
20 who has been identified as a dropout, the temporary cash
21 assistance must be reinstated after the student enrolls in a
22 public school, receives a high school diploma or its
23 equivalency, enrolls in preparation for the General
24 Educational Development Tests, or enrolls in other educational
25 activities approved by the district school board. Good cause
26 exemptions from the rule of unexcused absences include the
27 following:
28 (a) The student is expelled from school and
29 alternative schooling is not available.
30 (b) No licensed day care is available for a child of
31 teen parents subject to Learnfare.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) Prohibitive transportation problems exist (e.g.,
2 to and from day care).
3
4 Within 10 days after sanction notification, the participant
5 parent of a dependent child or the teenage participant may
6 file an internal fair hearings process review procedure
7 appeal, and no sanction shall be imposed until the appeal is
8 resolved.
9 Section 1004. Paragraph (c) of subsection (1) of
10 section 440.16, Florida Statutes, is amended to read:
11 440.16 Compensation for death.--
12 (1) If death results from the accident within 1 year
13 thereafter or follows continuous disability and results from
14 the accident within 5 years thereafter, the employer shall
15 pay:
16 (c) To the surviving spouse, payment of postsecondary
17 student fees for instruction at any area technical center
18 established under s. 1001.44 230.63 for up to 1,800 classroom
19 hours or payment of student fees at any community college
20 established under part III of chapter 1004 240 for up to 80
21 semester hours. The spouse of a deceased state employee shall
22 be entitled to a full waiver of such fees as provided in ss.
23 1009.22 239.117 and 1009.23 240.345 in lieu of the payment of
24 such fees. The benefits provided for in this paragraph shall
25 be in addition to other benefits provided for in this section
26 and shall terminate 7 years after the death of the deceased
27 employee, or when the total payment in eligible compensation
28 under paragraph (b) has been received. To qualify for the
29 educational benefit under this paragraph, the spouse shall be
30 required to meet and maintain the regular admission
31 requirements of, and be registered at, such area technical
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 center or community college, and make satisfactory academic
2 progress as defined by the educational institution in which
3 the student is enrolled.
4 Section 1005. Paragraph (e) of subsection (6) and
5 paragraph (e) of subsection (9) of section 445.004, Florida
6 Statutes, are amended to read:
7 445.004 Workforce Florida, Inc.; creation; purpose;
8 membership; duties and powers.--
9 (6) Workforce Florida, Inc., may take action that it
10 deems necessary to achieve the purposes of this section,
11 including, but not limited to:
12 (e) Providing policy direction for a system to project
13 and evaluate labor market supply and demand using the results
14 of the Workforce Estimating Conference created in s. 216.136
15 and the career education performance standards identified
16 under s. 1008.43 239.233.
17 (9) Workforce Florida, Inc., in collaboration with the
18 regional workforce boards and appropriate state agencies and
19 local public and private service providers, and in
20 consultation with the Office of Program Policy Analysis and
21 Government Accountability, shall establish uniform measures
22 and standards to gauge the performance of the workforce
23 development strategy. These measures and standards must be
24 organized into three outcome tiers.
25 (e) Job placement must be reported pursuant to s.
26 1008.39 229.8075. Positive outcomes for providers of education
27 and training must be consistent with ss. 1008.42 239.233 and
28 1008.43 239.245.
29 Section 1006. Paragraph (a) of subsection (1) of
30 section 445.0121, Florida Statutes, is amended to read:
31 445.0121 Student eligibility requirements for initial
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 awards.--
2 (1) To be eligible for an initial award for
3 lower-division college credit courses that lead to a
4 baccalaureate degree, as defined in s. 445.0122(5), a student
5 must:
6 (a)1. Have been a resident of this state for no less
7 than 3 years for purposes other than to obtain an education;
8 or
9 2. Have received a standard Florida high school
10 diploma, as provided in s. 1003.43 232.246, or its equivalent,
11 as described in s. 229.814, unless:
12 a. The student is enrolled full-time in the
13 early-admission program of an eligible postsecondary education
14 institution or completes a home education program in
15 accordance with s. 1002.41 232.0201; or
16 b. The student earns a high school diploma from a
17 non-Florida school while living with a parent or guardian who
18 is on military or public service assignment outside this
19 state.
20 Section 1007. Paragraph (i) of subsection (1) of
21 section 445.024, Florida Statutes, is amended to read:
22 445.024 Work requirements.--
23 (1) WORK ACTIVITIES.--The following activities may be
24 used individually or in combination to satisfy the work
25 requirements for a participant in the temporary cash
26 assistance program:
27 (i) Education services related to employment for
28 participants 19 years of age or younger.--Education services
29 provided under this paragraph are designed to prepare a
30 participant for employment in an occupation. The agency shall
31 coordinate education services with the school-to-work
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 activities provided under s. 1006.02 229.595. Activities
2 provided under this paragraph are restricted to participants
3 19 years of age or younger who have not completed high school
4 or obtained a high school equivalency diploma.
5 Section 1008. Subsection (2), paragraph (i) of
6 subsection (3), paragraph (a) of subsection (4), subsection
7 (10), and subsection (18) of section 447.203, Florida
8 Statutes, are amended to read:
9 447.203 Definitions.--As used in this part:
10 (2) "Public employer" or "employer" means the state or
11 any county, municipality, or special district or any
12 subdivision or agency thereof which the commission determines
13 has sufficient legal distinctiveness properly to carry out the
14 functions of a public employer. With respect to all public
15 employees determined by the commission as properly belonging
16 to a statewide bargaining unit composed of State Career
17 Service System employees or Selected Professional Service
18 employees, the Governor shall be deemed to be the public
19 employer; and the university board of trustees Board of
20 Regents shall be deemed to be the public employer with respect
21 to all public employees of the respective state university
22 within the State University System as provided in s.
23 240.209(3)(f), except that such employees shall have the
24 right, in elections to be conducted at each university by the
25 commission pursuant to its rules, to elect not to participate
26 in collective bargaining. In the event that a majority of such
27 voting employees at any university elect not to participate in
28 collective bargaining, they shall be removed from the
29 applicable Board of Regents bargaining unit. If, thereafter,
30 by election conducted by the commission pursuant to its rules,
31 a majority of such voting employees elect to participate in
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 collective bargaining, they shall be included again in the
2 applicable Board of Regents bargaining unit for such purpose.
3 The board of trustees of a community college shall be deemed
4 to be the public employer with respect to all employees of the
5 community college. The district school board shall be deemed
6 to be the public employer with respect to all employees of the
7 school district. The Board of Trustees of the Florida School
8 for the Deaf and the Blind shall be deemed to be the public
9 employer with respect to the academic and academic
10 administrative personnel of the Florida School for the Deaf
11 and the Blind. The Governor shall be deemed to be the public
12 employer with respect to all employees in the Correctional
13 Education Program of the Department of Corrections established
14 pursuant to s. 944.801.
15 (3) "Public employee" means any person employed by a
16 public employer except:
17 (i) Those persons enrolled as graduate students in the
18 State University System who are employed as graduate
19 assistants, graduate teaching assistants, graduate teaching
20 associates, graduate research assistants, or graduate research
21 associates and those persons enrolled as undergraduate
22 students in a state university the State University System who
23 perform part-time work for the state university State
24 University System.
25 (4) "Managerial employees" are those employees who:
26 (a) Perform jobs that are not of a routine, clerical,
27 or ministerial nature and require the exercise of independent
28 judgment in the performance of such jobs and to whom one or
29 more of the following applies:
30 1. They formulate or assist in formulating policies
31 which are applicable to bargaining unit employees.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2. They may reasonably be required on behalf of the
2 employer to assist in the preparation for the conduct of
3 collective bargaining negotiations.
4 3. They have a role in the administration of
5 agreements resulting from collective bargaining negotiations.
6 4. They have a significant role in personnel
7 administration.
8 5. They have a significant role in employee relations.
9 6. They are included in the definition of
10 administrative personnel contained in s. 1012.01(3)
11 228.041(10).
12 7. They have a significant role in the preparation or
13 administration of budgets for any public agency or institution
14 or subdivision thereof.
15
16 However, in determining whether an individual is a managerial
17 employee pursuant to either paragraph (a) or paragraph (b),
18 above, the commission may consider historic relationships of
19 the employee to the public employer and to coemployees.
20 (10) "Legislative body" means the State Legislature,
21 the board of county commissioners, the district school board,
22 the governing body of a municipality, or the governing body of
23 an instrumentality or unit of government having authority to
24 appropriate funds and establish policy governing the terms and
25 conditions of employment and which, as the case may be, is the
26 appropriate legislative body for the bargaining unit. For
27 purposes of s. 447.403, the state university board of trustees
28 shall be deemed to be the legislative body with respect to all
29 employees of the state university. For purposes of s. 447.403
30 the board of trustees of a community college shall be deemed
31 to be the legislative body with respect to all employees of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the community college.
2 (18) "Student representative" means the representative
3 selected by each community college or university student
4 government association and the council of student body
5 presidents. Each representative may be present at all
6 negotiating sessions that which take place between the
7 appropriate public employer and an exclusive bargaining agent.
8 The Said representative must shall be enrolled as a student
9 with at least 8 credit hours in the respective community
10 college or university or in the State University System during
11 his or her term as student representative.
12 Section 1009. Subsection (5) of section 447.301,
13 Florida Statutes, is amended to read:
14 447.301 Public employees' rights; organization and
15 representation.--
16 (5) In negotiations over the terms and conditions of
17 service and other matters affecting the working environment of
18 employees, or the learning environment of students, in
19 institutions of higher education, one student representative
20 selected by the council of student body presidents may, at his
21 or her discretion, be present at all negotiating sessions
22 which take place between the Board of Regents and the
23 bargaining agent for an employee bargaining unit. In the case
24 of community colleges and universities, the student government
25 association of each community college or university shall
26 establish procedures for the selection of, and shall select, a
27 student representative to be present, at his or her
28 discretion, at negotiations between the bargaining agent of
29 the employees and the board of trustees. Each student
30 representative shall have access to all written draft
31 agreements and all other written documents pertaining to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 negotiations exchanged by the appropriate public employer and
2 the bargaining agent, including a copy of any prepared written
3 transcripts of any negotiating session. Each student
4 representative shall have the right at reasonable times during
5 the negotiating session to comment to the parties and to the
6 public upon the impact of proposed agreements on the
7 educational environment of students. Each student
8 representative shall have the right to be accompanied by
9 alternates or aides, not to exceed a combined total of two in
10 number. Each student representative shall be obligated to
11 participate in good faith during all negotiations and shall be
12 subject to the rules and regulations of the Public Employees
13 Relations Commission. The student representatives shall have
14 neither voting nor veto power in any negotiation, action, or
15 agreement. The state or any branch, agency, division, agent,
16 or institution of the state, including community colleges and
17 universities, may shall not expend any moneys from any source
18 for the payment of reimbursement for travel expenses or per
19 diem to aides, alternates, or student representatives
20 participating in, observing, or contributing to any
21 negotiating sessions between the bargaining parties; however,
22 this limitation does not apply to the use of student activity
23 fees for the reimbursement of travel expenses and per diem to
24 the university student representative, aides, or alternates
25 participating in the aforementioned negotiations between the
26 Board of Regents and the bargaining agent for an employee
27 bargaining unit.
28 Section 1010. Subsection (4) of section 447.403,
29 Florida Statutes, is amended to read:
30 447.403 Resolution of impasses.--
31 (4) If In the event that either the public employer or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the employee organization does not accept, in whole or in
2 part, the recommended decision of the special master:
3 (a) The chief executive officer of the governmental
4 entity involved shall, within 10 days after rejection of a
5 recommendation of the special master, submit to the
6 legislative body of the governmental entity involved a copy of
7 the findings of fact and recommended decision of the special
8 master, together with the chief executive officer's
9 recommendations for settling the disputed impasse issues. The
10 chief executive officer shall also transmit his or her
11 recommendations to the employee organization. If the dispute
12 involves employees for whom the Board of Regents is the public
13 employer, the Governor may also submit recommendations to the
14 legislative body for settling The disputed impasse issues;
15 (b) The employee organization shall submit its
16 recommendations for settling the disputed impasse issues to
17 such legislative body and to the chief executive officer;
18 (c) The legislative body or a duly authorized
19 committee thereof shall forthwith conduct a public hearing at
20 which the parties shall be required to explain their positions
21 with respect to the rejected recommendations of the special
22 master;
23 (d) Thereafter, the legislative body shall take such
24 action as it deems to be in the public interest, including the
25 interest of the public employees involved, to resolve all
26 disputed impasse issues; and
27 (e) Following the resolution of the disputed impasse
28 issues by the legislative body, the parties shall reduce to
29 writing an agreement which includes those issues agreed to by
30 the parties and those disputed impasse issues resolved by the
31 legislative body's action taken pursuant to paragraph (d). The
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 agreement shall be signed by the chief executive officer and
2 the bargaining agent and shall be submitted to the public
3 employer and to the public employees who are members of the
4 bargaining unit for ratification. If such agreement is not
5 ratified by all parties, pursuant to the provisions of s.
6 447.309, the legislative body's action taken pursuant to the
7 provisions of paragraph (d) shall take effect as of the date
8 of such legislative body's action for the remainder of the
9 first fiscal year which was the subject of negotiations;
10 however, the legislative body's action shall not take effect
11 with respect to those disputed impasse issues which establish
12 the language of contractual provisions which could have no
13 effect in the absence of a ratified agreement, including, but
14 not limited to, preambles, recognition clauses, and duration
15 clauses.
16 Section 1011. Paragraph (b) of subsection (5) of
17 section 450.081, Florida Statutes, is amended to read:
18 450.081 Hours of work in certain occupations.--
19 (5) The provisions of subsections (1)-(4) shall not
20 apply to:
21 (b) Minors who are within the compulsory school
22 attendance age limit who hold a valid certificate of exemption
23 issued by the school superintendent or his or her designee
24 pursuant to the provisions of s. 1003.21(3) 232.06.
25 Section 1012. Subsection (2) of section 450.121,
26 Florida Statutes, is amended to read:
27 450.121 Enforcement of Child Labor Law.--
28 (2) It is the duty of the department and its agents
29 and all sheriffs or other law enforcement officers of the
30 state or of any municipality of the state to enforce the
31 provisions of this law, to make complaints against persons
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 violating its provisions, and to prosecute violations of the
2 same. The department and its agents have authority to enter
3 and inspect at any time any place or establishment covered by
4 this law and to have access to age certificates kept on file
5 by the employer and such other records as may aid in the
6 enforcement of this law. A designated school representative
7 acting in accordance with s. 1003.26 232.17 shall report to
8 the department all violations of the Child Labor Law that may
9 come to his or her knowledge.
10 Section 1013. Subsection (4) of section 458.3145,
11 Florida Statutes, is amended to read:
12 458.3145 Medical faculty certificate.--
13 (4) In any year, the maximum number of extended
14 medical faculty certificateholders as provided in subsection
15 (2) may not exceed 15 persons at each institution named in
16 subparagraphs (1)(i)1.-4. and at the facility named in s.
17 1004.43 240.512 and may not exceed 5 persons at the
18 institution named in subparagraph (1)(i)5.
19 Section 1014. Subsection (1) and paragraph (a) of
20 subsection (2) of section 458.324, Florida Statutes, are
21 amended to read:
22 458.324 Breast cancer; information on treatment
23 alternatives.--
24 (1) DEFINITION.--As used in this section, the term
25 "medically viable," as applied to treatment alternatives,
26 means modes of treatment generally considered by the medical
27 profession to be within the scope of current, acceptable
28 standards, including treatment alternatives described in the
29 written summary prepared by the Florida Cancer Control and
30 Research Advisory Council in accordance with s. 1004.435(4)(m)
31 240.5121(4)(m).
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Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.--Each
2 physician treating a patient who is, or in the judgment of the
3 physician is at high risk of being, diagnosed as having breast
4 cancer shall inform such patient of the medically viable
5 treatment alternatives available to such patient; shall
6 describe such treatment alternatives; and shall explain the
7 relative advantages, disadvantages, and risks associated with
8 the treatment alternatives to the extent deemed necessary to
9 allow the patient to make a prudent decision regarding such
10 treatment options. In compliance with this subsection:
11 (a) The physician may, in his or her discretion:
12 1. Orally communicate such information directly to the
13 patient or the patient's legal representative;
14 2. Provide the patient or the patient's legal
15 representative with a copy of the written summary prepared in
16 accordance with s. 1004.435(4)(m) 240.5121(4)(m) and express a
17 willingness to discuss the summary with the patient or the
18 patient's legal representative; or
19 3. Both communicate such information directly and
20 provide a copy of the written summary to the patient or the
21 patient's legal representative for further consideration and
22 possible later discussion.
23
24 Nothing in this subsection shall reduce other provisions of
25 law regarding informed consent.
26 Section 1015. Subsection (1) and paragraph (a) of
27 subsection (2) of section 459.0125, Florida Statutes, are
28 amended to read:
29 459.0125 Breast cancer; information on treatment
30 alternatives.--
31 (1) DEFINITION.--As used in this section, the term
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 "medically viable," as applied to treatment alternatives,
2 means modes of treatment generally considered by the medical
3 profession to be within the scope of current, acceptable
4 standards, including treatment alternatives described in the
5 written summary prepared by the Florida Cancer Control and
6 Research Advisory Council in accordance with s. 1004.435(4)(m)
7 240.5121(4)(m).
8 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.--It is
9 the obligation of every physician treating a patient who is,
10 or in the judgment of the physician is at high risk of being,
11 diagnosed as having breast cancer to inform such patient of
12 the medically viable treatment alternatives available to such
13 patient; to describe such treatment alternatives; and to
14 explain the relative advantages, disadvantages, and risks
15 associated with the treatment alternatives to the extent
16 deemed necessary to allow the patient to make a prudent
17 decision regarding such treatment options. In compliance with
18 this subsection:
19 (a) The physician may, in her or his discretion:
20 1. Orally communicate such information directly to the
21 patient or the patient's legal representative;
22 2. Provide the patient or the patient's legal
23 representative with a copy of the written summary prepared in
24 accordance with s. 1004.435(4)(m) 240.5121(4)(m) and express
25 her or his willingness to discuss the summary with the patient
26 or the patient's legal representative; or
27 3. Both communicate such information directly and
28 provide a copy of the written summary to the patient or the
29 patient's legal representative for further consideration and
30 possible later discussion.
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Nothing in this subsection shall reduce other provisions of
2 law regarding informed consent.
3 Section 1016. Paragraph (c) of subsection (2) of
4 section 468.1115, Florida Statutes, is amended to read:
5 468.1115 Exemptions.--
6 (2) The provisions of this part shall not apply to:
7 (c) Persons certified in the areas of speech-language
8 impairment or hearing impairment in this state under chapter
9 1012 231 when engaging in the profession for which they are
10 certified, or any person under the direct supervision of such
11 a certified person, or of a licensee under this chapter, when
12 the person under such supervision is performing hearing
13 screenings in a school setting for prekindergarten through
14 grade 12.
15 Section 1017. Section 468.607, Florida Statutes, is
16 amended to read:
17 468.607 Certification of building code administration
18 and inspection personnel.--The board shall issue a certificate
19 to any individual whom the board determines to be qualified,
20 within such class and level as provided in this part and with
21 such limitations as the board may place upon it. No person
22 may be employed by a state agency or local governmental
23 authority to perform the duties of a building code
24 administrator, plans examiner, or building code inspector
25 after October 1, 1993, without possessing the proper valid
26 certificate issued in accordance with the provisions of this
27 part. Any person who acts as an inspector and plans examiner
28 under s. 1013.37 235.26 while conducting activities authorized
29 by certification under that section is certified to continue
30 to conduct inspections for a local enforcement agency until
31 the person's UBCI certification expires, after which time such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 person must possess the proper valid certificate issued in
2 accordance with this part.
3 Section 1018. Subsection (3) of section 468.723,
4 Florida Statutes, is amended to read:
5 468.723 Exemptions.--Nothing in this part shall be
6 construed as preventing or restricting:
7 (3) A person employed as a teacher apprentice trainer
8 I, a teacher apprentice trainer II, or a teacher athletic
9 trainer under s. 1012.46 232.435.
10 Section 1019. Section 471.0035, Florida Statutes, is
11 amended to read:
12 471.0035 Instructors in postsecondary educational
13 institutions; exemption from registration requirement.--For
14 the sole purpose of teaching the principles and methods of
15 engineering design, notwithstanding the provisions of s.
16 471.005(7), a person employed by a public postsecondary
17 educational institution, or by an independent postsecondary
18 educational institution licensed or exempt from licensure
19 pursuant to the provisions of chapter 1005 246, is not
20 required to register under the provisions of this chapter as a
21 registered engineer.
22 Section 1020. Paragraph (c) of subsection (2) of
23 section 476.114, Florida Statutes, is amended to read:
24 476.114 Examination; prerequisites.--
25 (2) An applicant shall be eligible for licensure by
26 examination to practice barbering if the applicant:
27 (c)1. Holds an active valid license to practice
28 barbering in another state, has held the license for at least
29 1 year, and does not qualify for licensure by endorsement as
30 provided for in s. 476.144(5); or
31 2. Has received a minimum of 1,200 hours of training
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 as established by the board, which shall include, but shall
2 not be limited to, the equivalent of completion of services
3 directly related to the practice of barbering at one of the
4 following:
5 a. A school of barbering licensed pursuant to chapter
6 1005 246;
7 b. A barbering program within the public school
8 system; or
9 c. A government-operated barbering program in this
10 state.
11
12 The board shall establish by rule procedures whereby the
13 school or program may certify that a person is qualified to
14 take the required examination after the completion of a
15 minimum of 1,000 actual school hours. If the person passes the
16 examination, she or he shall have satisfied this requirement;
17 but if the person fails the examination, she or he shall not
18 be qualified to take the examination again until the
19 completion of the full requirements provided by this section.
20 Section 1021. Paragraph (a) of subsection (6) of
21 section 476.144, Florida Statutes, is amended to read:
22 476.144 Licensure.--
23 (6) A person may apply for a restricted license to
24 practice barbering. The board shall adopt rules specifying
25 procedures for an applicant to obtain a restricted license if
26 the applicant:
27 (a)1. Has successfully completed a restricted barber
28 course, as established by rule of the board, at a school of
29 barbering licensed pursuant to chapter 1005 246, a barbering
30 program within the public school system, or a
31 government-operated barbering program in this state; or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 2.a. Holds or has within the previous 5 years held an
2 active valid license to practice barbering in another state or
3 country or has held a Florida barbering license which has been
4 declared null and void for failure to renew the license, and
5 the applicant fulfilled the requirements of s. 476.114(2)(c)2.
6 for initial licensure; and
7 b. Has not been disciplined relating to the practice
8 of barbering in the previous 5 years; and
9
10 The restricted license shall limit the licensee's practice to
11 those specific areas in which the applicant has demonstrated
12 competence pursuant to rules adopted by the board.
13 Section 1022. Section 476.178, Florida Statutes, is
14 amended to read:
15 476.178 Schools of barbering; licensure.--No private
16 school of barbering shall be permitted to operate without a
17 license issued by the Commission for Independent State Board
18 of Nonpublic Career Education pursuant to chapter 1005 246.
19 However, this section shall not be construed to prevent
20 certification by the Department of Education of barber
21 training programs within the public school system or to
22 prevent government operation of any other program of barbering
23 in this state.
24 Section 1023. Paragraph (d) of subsection (1) of
25 section 477.0132, Florida Statutes, is amended to read:
26 477.0132 Hair braiding, hair wrapping, and body
27 wrapping registration.--
28 (1)
29 (d) Only the board may review, evaluate, and approve a
30 course required of an applicant for registration under this
31 subsection in the occupation or practice of hair braiding,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 hair wrapping, or body wrapping. A provider of such a course
2 is not required to hold a license under chapter 1005 246.
3 Section 1024. Paragraph (c) of subsection (2) of
4 section 477.019, Florida Statutes, is amended to read:
5 477.019 Cosmetologists; qualifications; licensure;
6 supervised practice; license renewal; endorsement; continuing
7 education.--
8 (2) An applicant shall be eligible for licensure by
9 examination to practice cosmetology if the applicant:
10 (c)1. Is authorized to practice cosmetology in another
11 state or country, has been so authorized for at least 1 year,
12 and does not qualify for licensure by endorsement as provided
13 for in subsection (6); or
14 2. Has received a minimum of 1,200 hours of training
15 as established by the board, which shall include, but shall
16 not be limited to, the equivalent of completion of services
17 directly related to the practice of cosmetology at one of the
18 following:
19 a. A school of cosmetology licensed pursuant to
20 chapter 1005 246.
21 b. A cosmetology program within the public school
22 system.
23 c. The Cosmetology Division of the Florida School for
24 the Deaf and the Blind, provided the division meets the
25 standards of this chapter.
26 d. A government-operated cosmetology program in this
27 state.
28
29 The board shall establish by rule procedures whereby the
30 school or program may certify that a person is qualified to
31 take the required examination after the completion of a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 minimum of 1,000 actual school hours. If the person then
2 passes the examination, he or she shall have satisfied this
3 requirement; but if the person fails the examination, he or
4 she shall not be qualified to take the examination again until
5 the completion of the full requirements provided by this
6 section.
7 Section 1025. Paragraph (b) of subsection (1) of
8 section 477.0201, Florida Statutes, is amended to read:
9 477.0201 Specialty registration; qualifications;
10 registration renewal; endorsement.--
11 (1) Any person is qualified for registration as a
12 specialist in any one or more of the specialty practices
13 within the practice of cosmetology under this chapter who:
14 (b) Has received a certificate of completion in a
15 specialty pursuant to s. 477.013(6) from one of the following:
16 1. A school licensed pursuant to s. 477.023.
17 2. A school licensed pursuant to chapter 1005 246 or
18 the equivalent licensing authority of another state.
19 3. A specialty program within the public school
20 system.
21 4. A specialty division within the Cosmetology
22 Division of the Florida School for the Deaf and the Blind,
23 provided the training programs comply with minimum curriculum
24 requirements established by the board.
25 Section 1026. Section 477.023, Florida Statutes, is
26 amended to read:
27 477.023 Schools of cosmetology; licensure.--No private
28 school of cosmetology shall be permitted to operate without a
29 license issued by the Commission for Independent State Board
30 of Nonpublic Career Education pursuant to chapter 1005 246.
31 However, nothing herein shall be construed to prevent
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 certification by the Department of Education of cosmetology
2 training programs within the public school system or to
3 prevent government operation of any other program of
4 cosmetology in this state.
5 Section 1027. Subsection (9) of section 480.033,
6 Florida Statutes, is amended to read:
7 480.033 Definitions.--As used in this act:
8 (9) "Board-approved massage school" means a facility
9 which meets minimum standards for training and curriculum as
10 determined by rule of the board and which is licensed by the
11 Department of Education pursuant to chapter 1005 246 or the
12 equivalent licensing authority of another state or is within
13 the public school system of this state.
14 Section 1028. Paragraph (c) of subsection (1) of
15 section 481.229, Florida Statutes, is amended to read:
16 481.229 Exceptions; exemptions from licensure.--
17 (1) No person shall be required to qualify as an
18 architect in order to make plans and specifications for, or
19 supervise the erection, enlargement, or alteration of:
20 (c) Any other type of building costing less than
21 $25,000, except a school, auditorium, or other building
22 intended for public use, provided that the services of a
23 registered architect shall not be required for minor school
24 projects pursuant to s. 1013.45 235.211.
25 Section 1029. Section 488.01, Florida Statutes, is
26 amended to read:
27 488.01 License to engage in business of operating a
28 driver's school required.--The Department of Highway Safety
29 and Motor Vehicles shall oversee and license all commercial
30 driver's schools except truck driving schools. All commercial
31 truck driving schools shall be required to be licensed
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pursuant to chapter 1005 246, and additionally shall be
2 subject to the provisions of ss. 488.04 and 488.05. No
3 person, group, organization, institution, business entity, or
4 corporate entity may engage in the business of operating a
5 driver's school without first obtaining a license therefor
6 from the Department of Highway Safety and Motor Vehicles
7 pursuant to this chapter or from the State Board of Nonpublic
8 Career Education pursuant to chapter 1005 246.
9 Section 1030. Subsections (12) and (13) of section
10 553.415, Florida Statutes, are amended to read:
11 553.415 Factory-built school buildings.--
12 (12) Such identification label shall be permanently
13 affixed by the manufacturer in the case of newly constructed
14 factory-built school buildings, or by the department or its
15 designee in the case of an existing factory-built building
16 altered to comply with provisions of s. 1013.20 235.061.
17 (13) As of July 1, 2001, all newly constructed
18 factory-built school buildings shall bear a label pursuant to
19 subsection (12). As of July 1, 2002, existing factory-built
20 school buildings and manufactured buildings used as classrooms
21 and not bearing such label shall not be used as classrooms
22 pursuant to s. 1013.20 235.061.
23 Section 1031. Subsection (5) of section 559.902,
24 Florida Statutes, is amended to read:
25 559.902 Scope and application.--This act shall apply
26 to all motor vehicle repair shops in Florida, except:
27 (5) Those located in public schools as defined in s.
28 1000.04 228.041 or charter technical career centers as defined
29 in s. 1002.34 228.505.
30
31 However, such person may voluntarily register under this act.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 1032. Section 589.09, Florida Statutes, is
2 amended to read:
3 589.09 Use of lands acquired.--All lands acquired by
4 the Division of Forestry on behalf of the state shall be in
5 the custody of and subject to the jurisdiction, management,
6 and control of the said division, and, for such purposes and
7 the utilization and development of such land, the said
8 division may use the proceeds of the sale of any products
9 therefrom, the proceeds of the sale of any such lands, save
10 the 25 percent of such proceeds which shall be paid into the
11 State School Fund as required by s. 1010.71(1) 228.151, and
12 such other funds as may be appropriated for use by the
13 division, and in the opinion of such division, available for
14 such uses and purposes.
15 Section 1033. Subsection (1) of section 627.733,
16 Florida Statutes, is amended to read:
17 627.733 Required security.--
18 (1) Every owner or registrant of a motor vehicle,
19 other than a motor vehicle used as a taxicab, school bus as
20 defined in s. 1006.25 234.051, or limousine, required to be
21 registered and licensed in this state shall maintain security
22 as required by subsection (3) in effect continuously
23 throughout the registration or licensing period.
24 Section 1034. Subsection (2) of section 627.742,
25 Florida Statutes, is amended to read:
26 627.742 Nonpublic sector buses; additional liability
27 insurance coverage.--
28 (2) School buses subject to the provisions of chapter
29 1006 234 or s. 316.615 are exempt from the provisions of this
30 section.
31 Section 1035. Subsection (5) of section 627.912,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida Statutes, is amended to read:
2 627.912 Professional liability claims and actions;
3 reports by insurers.--
4 (5) Any self-insurance program established under s.
5 1004.24 240.213 shall report in duplicate to the Department of
6 Insurance any claim or action for damages for personal
7 injuries claimed to have been caused by error, omission, or
8 negligence in the performance of professional services
9 provided by the state university board of trustees Board of
10 Regents through an employee or agent of the state university
11 board of trustees Board of Regents, including practitioners of
12 medicine licensed under chapter 458, practitioners of
13 osteopathic medicine licensed under chapter 459, podiatric
14 physicians licensed under chapter 461, and dentists licensed
15 under chapter 466, or based on a claimed performance of
16 professional services without consent if the claim resulted in
17 a final judgment in any amount, or a settlement in any amount.
18 The reports required by this subsection shall contain the
19 information required by subsection (3) and the name, address,
20 and specialty of the employee or agent of the state university
21 board of trustees Board of Regents whose performance or
22 professional services is alleged in the claim or action to
23 have caused personal injury.
24 Section 1036. Paragraph (b) of subsection (7) of
25 section 633.445, Florida Statutes, is amended to read:
26 633.445 State Fire Marshal Scholarship Grant
27 Program.--
28 (7) The criteria and procedures for establishing
29 standards of eligibility shall be recommended by the council
30 to the Department of Insurance. The council shall recommend
31 to the Department of Insurance a rating system upon which to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 base the approval of scholarship grants. However, to be
2 eligible to receive a scholarship pursuant to this section, an
3 applicant must:
4 (b) Have graduated from high school, have earned an
5 equivalency diploma issued by the Department of Education
6 pursuant to s. 1003.435 229.814, or have earned an equivalency
7 diploma issued by the United States Armed Forces Institute;
8 Section 1037. Paragraph (e) of subsection (1) of
9 section 633.50, Florida Statutes, is amended to read:
10 633.50 Division powers and duties; Florida State Fire
11 College.--
12 (1) The Division of State Fire Marshal of the
13 Department of Insurance, in performing its duties related to
14 the Florida State Fire College, specified in ss.
15 633.43-633.49, shall:
16 (e) Develop a staffing and funding formula for the
17 Florida State Fire College. The formula shall include
18 differential funding levels for various types of programs,
19 shall be based on the number of full-time equivalent students
20 and information obtained from scheduled attendance counts
21 taken the first day of each program, and shall provide the
22 basis for the legislative budget request. As used in this
23 section, a full-time equivalent student is equal to a minimum
24 of 900 hours in a technical certificate vocational program and
25 400 hours in a degree-seeking program. The funding formula
26 shall be as prescribed pursuant to s. 1011.62 236.081, shall
27 include procedures to document daily attendance, and shall
28 require that attendance records be retained for audit
29 purposes.
30 Section 1038. Paragraph (c) of subsection (2) of
31 section 732.402, Florida Statutes, is amended to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 732.402 Exempt property.--
2 (2) Exempt property shall consist of:
3 (c) Florida Prepaid College Program contracts
4 purchased under s. 240.551 and Florida College Savings
5 agreements established under part IV of chapter 1009 s.
6 240.553.
7 Section 1039. Section 784.081, Florida Statutes, is
8 amended to read:
9 784.081 Assault or battery on specified officials or
10 employees; reclassification of offenses.--Whenever a person is
11 charged with committing an assault or aggravated assault or a
12 battery or aggravated battery upon any elected official or
13 employee of: a school district; a private school; the Florida
14 School for the Deaf and the Blind; a university developmental
15 research school; a state university or any other entity of the
16 state system of public education, as defined in s. 1000.04
17 228.041; an employee or protective investigator of the
18 Department of Children and Family Services; or an employee of
19 a lead community-based provider and its direct service
20 contract providers, when the person committing the offense
21 knows or has reason to know the identity or position or
22 employment of the victim, the offense for which the person is
23 charged shall be reclassified as follows:
24 (1) In the case of aggravated battery, from a felony
25 of the second degree to a felony of the first degree.
26 (2) In the case of aggravated assault, from a felony
27 of the third degree to a felony of the second degree.
28 (3) In the case of battery, from a misdemeanor of the
29 first degree to a felony of the third degree.
30 (4) In the case of assault, from a misdemeanor of the
31 second degree to a misdemeanor of the first degree.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 1040. Section 817.566, Florida Statutes, is
2 amended to read:
3 817.566 Misrepresentation of association with, or
4 academic standing at, postsecondary educational
5 institution.--Any person who, with intent to defraud,
6 misrepresents his or her association with, or academic
7 standing or other progress at, any postsecondary educational
8 institution by falsely making, altering, simulating, or
9 forging a document, degree, certificate, diploma, award,
10 record, letter, transcript, form, or other paper; or any
11 person who causes or procures such a misrepresentation; or any
12 person who utters and publishes or otherwise represents such a
13 document, degree, certificate, diploma, award, record, letter,
14 transcript, form, or other paper as true, knowing it to be
15 false, is guilty of a misdemeanor of the first degree,
16 punishable as provided in s. 775.082 or s. 775.083.
17 Individuals who present a religious academic degree from any
18 college, university, seminary, or institution which is not
19 licensed by the State Board of Independent Colleges and
20 Universities or which is not exempt pursuant to the provisions
21 of s. 246.085 shall disclose the religious nature of the
22 degree upon presentation.
23 Section 1041. Subsection (1) of section 817.567,
24 Florida Statutes, is amended to read:
25 817.567 Making false claims of academic degree or
26 title.--
27 (1) No person in the state may claim, either orally or
28 in writing, to possess an academic degree, as defined in s.
29 1005.02 246.021, or the title associated with said degree,
30 unless the person has, in fact, been awarded said degree from
31 an institution that is:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) Accredited by a regional or professional
2 accrediting agency recognized by the United States Department
3 of Education or the Commission on Recognition of Postsecondary
4 Accreditation;
5 (b) Provided, operated, and supported by a state
6 government or any of its political subdivisions or by the
7 Federal Government;
8 (c) A school, institute, college, or university
9 chartered outside the United States, the academic degree from
10 which has been validated by an accrediting agency approved by
11 the United States Department of Education as equivalent to the
12 baccalaureate or postbaccalaureate degree conferred by a
13 regionally accredited college or university in the United
14 States;
15 (d) Licensed by the State Board of Independent
16 Colleges and Universities pursuant to ss. 1005.01-1005.38
17 246.011-246.151 or exempt from licensure pursuant to s.
18 246.085; or
19 (e) A religious seminary, institute, college, or
20 university which offers only educational programs that prepare
21 students for a religious vocation, career, occupation,
22 profession, or lifework, and the nomenclature of whose
23 certificates, diplomas, or degrees clearly identifies the
24 religious character of the educational program.
25 Section 1042. Paragraph (a) of subsection (1) of
26 section 877.18, Florida Statutes, is amended to read:
27 877.18 Identification card or document purporting to
28 contain applicant's age or date of birth; penalties for
29 failure to comply with requirements for sale or issuance.--
30 (1) It is unlawful for any person, except a
31 governmental agency or instrumentality, to sell or issue, or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to offer to sell or issue, in this state any identification
2 card or document purporting to contain the age or date of
3 birth of the person in whose name it was issued, unless:
4 (a) Prior to selling or issuing such card or document,
5 the person has first obtained from the applicant and retains
6 for a period of 3 years from the date of sale:
7 1. An authenticated or certified copy of proof of age
8 as provided in s. 1003.21(4) 232.03; and
9 2. A notarized affidavit from the applicant attesting
10 to the applicant's age and that the proof-of-age document
11 required by subparagraph 1. is for such applicant.
12 Section 1043. Paragraph (a) of subsection (1) of
13 section 921.187, Florida Statutes, is amended to read:
14 921.187 Disposition and sentencing; alternatives;
15 restitution.--
16 (1) The alternatives provided in this section for the
17 disposition of criminal cases shall be used in a manner that
18 will best serve the needs of society, punish criminal
19 offenders, and provide the opportunity for rehabilitation.
20 (a) If the offender does not receive a state prison
21 sentence, the court may:
22 1. Impose a split sentence whereby the offender is to
23 be placed on probation upon completion of any specified period
24 of such sentence, which period may include a term of years or
25 less.
26 2. Make any other disposition that is authorized by
27 law.
28 3. Place the offender on probation with or without an
29 adjudication of guilt pursuant to s. 948.01.
30 4. Impose a fine and probation pursuant to s. 948.011
31 when the offense is punishable by both a fine and imprisonment
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and probation is authorized.
2 5. Place the offender into community control requiring
3 intensive supervision and surveillance pursuant to chapter
4 948.
5 6. Impose, as a condition of probation or community
6 control, a period of treatment which shall be restricted to a
7 county facility, a Department of Corrections probation and
8 restitution center, a probation program drug punishment
9 treatment community, or a community residential or
10 nonresidential facility, excluding a community correctional
11 center as defined in s. 944.026, which is owned and operated
12 by any qualified public or private entity providing such
13 services. Before admission to such a facility, the court shall
14 obtain an individual assessment and recommendations on the
15 appropriate treatment needs, which shall be considered by the
16 court in ordering such placements. Placement in such a
17 facility, except for a county residential probation facility,
18 may not exceed 364 days. Placement in a county residential
19 probation facility may not exceed 3 years. Early termination
20 of placement may be recommended to the court, when
21 appropriate, by the center supervisor, the supervising
22 probation officer, or the probation program manager.
23 7. Sentence the offender pursuant to s. 922.051 to
24 imprisonment in a county jail when a statute directs
25 imprisonment in a state prison, if the offender's cumulative
26 sentence, whether from the same circuit or from separate
27 circuits, is not more than 364 days.
28 8. Sentence the offender who is to be punished by
29 imprisonment in a county jail to a jail in another county if
30 there is no jail within the county suitable for such prisoner
31 pursuant to s. 950.01.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 9. Require the offender to participate in a
2 work-release or educational or technical vocational training
3 program pursuant to s. 951.24 while serving a sentence in a
4 county jail, if such a program is available.
5 10. Require the offender to perform a specified public
6 service pursuant to s. 775.091.
7 11. Require the offender who violates chapter 893 or
8 violates any law while under the influence of a controlled
9 substance or alcohol to participate in a substance abuse
10 program.
11 12.a. Require the offender who violates any criminal
12 provision of chapter 893 to pay an additional assessment in an
13 amount up to the amount of any fine imposed, pursuant to ss.
14 938.21 and 938.23.
15 b. Require the offender who violates any provision of
16 s. 893.13 to pay an additional assessment in an amount of
17 $100, pursuant to ss. 938.25 and 943.361.
18 13. Impose a split sentence whereby the offender is to
19 be placed in a county jail or county work camp upon the
20 completion of any specified term of community supervision.
21 14. Impose split probation whereby upon satisfactory
22 completion of half the term of probation, the Department of
23 Corrections may place the offender on administrative probation
24 pursuant to s. 948.01 for the remainder of the term of
25 supervision.
26 15. Require residence in a state probation and
27 restitution center or private drug treatment program for
28 offenders on community control or offenders who have violated
29 conditions of probation.
30 16. Impose any other sanction which is provided within
31 the community and approved as an intermediate sanction by the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 county public safety coordinating council as described in s.
2 951.26.
3 17. Impose, as a condition of community control,
4 probation, or probation following incarceration, a requirement
5 that an offender who has not obtained a high school diploma or
6 high school equivalency diploma or who lacks basic or
7 functional literacy skills, upon acceptance by an adult
8 education program, make a good faith effort toward completion
9 of such basic or functional literacy skills or high school
10 equivalency diploma, as defined in s. 1003.435 229.814, in
11 accordance with the assessed adult general education needs of
12 the individual offender.
13 Section 1044. Subsection (15) of section 943.10,
14 Florida Statutes, is amended to read:
15 943.10 Definitions; ss. 943.085-943.255.--The
16 following words and phrases as used in ss. 943.085-943.255 are
17 defined as follows:
18 (15) "Public criminal justice training school" means
19 any school defined in s. 228.041, or any academy operated by
20 an employing agency, that is certified by the commission to
21 conduct criminal justice training courses.
22 Section 1045. Paragraph (c) of subsection (1) of
23 section 943.22, Florida Statutes, is amended to read:
24 943.22 Salary incentive program for full-time
25 officers.--
26 (1) For the purpose of this section, the term:
27 (c) "Community college degree or equivalent" means
28 graduation from an accredited community college or having been
29 granted a degree pursuant to s. 1007.25(10) 240.239 or
30 successful completion of 60 semester hours or 90 quarter hours
31 and eligibility to receive an associate degree from an
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 accredited college, university, or community college.
2 Section 1046. Paragraphs (b), (c), and (i) of
3 subsection (3) of section 944.801, Florida Statutes, are
4 amended to read:
5 944.801 Education for state prisoners.--
6 (3) The responsibilities of the Correctional Education
7 Program shall be to:
8 (b) In cooperation with the Department of Education,
9 pursuant to s. 229.565, Monitor and assess all inmate
10 education program services and report the results of such
11 evaluation in the annual report of activities.
12 (c) In cooperation with the Department of Education,
13 pursuant to s. 229.8075, Develop complete and reliable
14 statistics on the educational histories, the city/intracity
15 area and school district where the inmate was domiciled prior
16 to incarceration, the participation in state educational and
17 training programs, and the occupations of inmates confined to
18 state correctional facilities. The compiled statistics shall
19 be summarized and analyzed in the annual report of
20 correctional educational activities required by paragraph (f).
21 (i) Ensure that every inmate who has 2 years or more
22 remaining to serve on his or her sentence at the time that he
23 or she is received at an institution and who lacks basic and
24 functional literacy skills as defined in s. 1004.02 239.105
25 attends not fewer than 150 hours of sequential instruction in
26 a correctional adult basic education program. The basic and
27 functional literacy level of an inmate shall be determined by
28 the average composite test score obtained on a test approved
29 for this purpose by the State Board of Education.
30 1. Upon completion of the 150 hours of instruction,
31 the inmate shall be retested and, if a composite test score of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 functional literacy is not attained, the department is
2 authorized to require the inmate to remain in the
3 instructional program.
4 2. Highest priority of inmate participation shall be
5 focused on youthful offenders and those inmates nearing
6 release from the correctional system.
7 3. An inmate shall be required to attend the 150 hours
8 of adult basic education instruction unless such inmate:
9 a. Is serving a life sentence or is under sentence of
10 death.
11 b. Is specifically exempted for security or health
12 reasons.
13 c. Is housed at a community correctional center, road
14 prison, work camp, or vocational center.
15 d. Attains a functional literacy level after
16 attendance in fewer than 150 hours of adult basic education
17 instruction.
18 e. Is unable to enter such instruction because of
19 insufficient facilities, staff, or classroom capacity.
20 4. The Department of Corrections shall provide classes
21 to accommodate those inmates assigned to correctional or
22 public work programs after normal working hours. The
23 department shall develop a plan to provide academic and
24 vocational classes on a more frequent basis and at times that
25 accommodate the increasing number of inmates with work
26 assignments, to the extent that resources permit.
27 5. If an inmate attends and actively participates in
28 the 150 hours of instruction, the Department of Corrections
29 may grant a one-time award of up to 6 additional days of
30 incentive gain-time, which must be credited and applied as
31 provided by law. Active participation means, at a minimum,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that the inmate is attentive, responsive, cooperative, and
2 completes assigned work.
3 Section 1047. Paragraphs (a) and (b) of subsection (9)
4 of section 948.03, Florida Statutes, are amended to read:
5 948.03 Terms and conditions of probation or community
6 control.--
7 (9)(a) As a condition of community control, probation,
8 or probation following incarceration, require an offender who
9 has not obtained a high school diploma or high school
10 equivalency diploma or who lacks basic or functional literacy
11 skills, upon acceptance by an adult education program, to make
12 a good faith effort toward completion of such basic or
13 functional literacy skills or high school equivalency diploma,
14 as defined in s. 1003.435 229.814, in accordance with the
15 assessed adult general education needs of the individual
16 offender. The court shall not revoke community control,
17 probation, or probation following incarceration because of the
18 offender's inability to achieve such skills or diploma but may
19 revoke community control, probation, or probation following
20 incarceration if the offender fails to make a good faith
21 effort to achieve such skills or diploma. The court may grant
22 early termination of community control, probation, or
23 probation following incarceration upon the offender's
24 successful completion of the approved program. As used in
25 this subsection, "good faith effort" means the offender is
26 enrolled in a program of instruction and is attending and
27 making satisfactory progress toward completion of the
28 requirements.
29 (b) A juvenile on community control who is a public
30 school student must attend a public adult education program or
31 a dropout prevention program, pursuant to s. 1003.53 230.2316,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 which includes a second chance school or an alternative to
2 expulsion, if the school district where the juvenile is
3 enrolled offers such programs, unless the principal of the
4 school determines that special circumstances warrant
5 continuation in the regular educational school program.
6 Section 1048. Paragraph (b) of subsection (9) and
7 subsection (27) of section 984.03, Florida Statutes, are
8 amended to read:
9 984.03 Definitions.--When used in this chapter, the
10 term:
11 (9) "Child in need of services" means a child for whom
12 there is no pending investigation into an allegation or
13 suspicion of abuse, neglect, or abandonment; no pending
14 referral alleging the child is delinquent; or no current
15 supervision by the Department of Juvenile Justice or the
16 Department of Children and Family Services for an adjudication
17 of dependency or delinquency. The child must also, pursuant to
18 this chapter, be found by the court:
19 (b) To be habitually truant from school, while subject
20 to compulsory school attendance, despite reasonable efforts to
21 remedy the situation pursuant to ss. 1003.26 232.17 and
22 1003.27 232.19 and through voluntary participation by the
23 child's parents or legal custodians and by the child in family
24 mediation, services, and treatment offered by the Department
25 of Juvenile Justice or the Department of Children and Family
26 Services; or
27 (27) "Habitually truant" means that:
28 (a) The child has 15 unexcused absences within 90
29 calendar days with or without the knowledge or justifiable
30 consent of the child's parent or legal guardian, is subject to
31 compulsory school attendance under s. 1003.21(1) and (2)(a)
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 232.01, and is not exempt under s. 1003.21(3) 232.06, s.
2 1003.24 232.09, or any other exemptions specified by law or
3 the rules of the State Board of Education.
4 (b) Activities to determine the cause, and to attempt
5 the remediation, of the child's truant behavior under ss.
6 1003.26 232.17 and 1003.27(3) 232.19(3), have been completed.
7
8 If a child who is subject to compulsory school attendance is
9 responsive to the interventions described in ss. 1003.26
10 232.17 and 1003.27(3) 232.19(3) and has completed the
11 necessary requirements to pass the current grade as indicated
12 in the district pupil progression plan, the child shall not be
13 determined to be habitually truant and shall be passed. If a
14 child within the compulsory school attendance age has 15
15 unexcused absences within 90 calendar days or fails to enroll
16 in school, the State Attorney may, or the appropriate
17 jurisdictional agency shall, file a child-in-need-of-services
18 petition if recommended by the case staffing committee, unless
19 it is determined that another alternative action is
20 preferable. The failure or refusal of the parent or legal
21 guardian or the child to participate, or make a good faith
22 effort to participate, in the activities prescribed to remedy
23 the truant behavior, or the failure or refusal of the child to
24 return to school after participation in activities required by
25 this subsection, or the failure of the child to stop the
26 truant behavior after the school administration and the
27 Department of Juvenile Justice have worked with the child as
28 described in ss. 1003.26 232.17 and 1003.27(3) 232.19(3) shall
29 be handled as prescribed in s. 1003.27 232.19.
30 Section 1049. Section 984.05, Florida Statutes, is
31 amended to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 984.05 Rules relating to habitual truants; adoption by
2 Department of Education and Department of Juvenile
3 Justice.--The Department of Juvenile Justice and the
4 Department of Education shall work together on the development
5 of, and shall adopt, rules as necessary for the implementation
6 of ss. 232.19, 984.03(27), and 985.03(25), and 1003.27.
7 Section 1050. Subsection (1) of section 984.151,
8 Florida Statutes, is amended to read:
9 984.151 Truancy petition; prosecution; disposition.--
10 (1) If the school determines that a student subject to
11 compulsory school attendance has had at least five unexcused
12 absences, or absences for which the reasons are unknown,
13 within a calendar month or 10 unexcused absences, or absences
14 for which the reasons are unknown, within a 90-calendar-day
15 period pursuant to s. 1003.26(1)(b) 232.17(1)(b), or has had
16 more than 15 unexcused absences in a 90-calendar-day period,
17 the superintendent of schools may file a truancy petition.
18 Section 1051. Subsection (3) of section 984.19,
19 Florida Statutes, is amended to read:
20 984.19 Medical, psychiatric, and psychological
21 examination and treatment of child; physical or mental
22 examination of parent, guardian, or person requesting custody
23 of child.--
24 (3) A judge may order that a child alleged to be or
25 adjudicated a child in need of services be examined by a
26 licensed health care professional. The judge may also order
27 such child to be evaluated by a psychiatrist or a
28 psychologist, by a district school board educational needs
29 assessment team, or, if a developmental disability is
30 suspected or alleged, by the developmental disability
31 diagnostic and evaluation team of the Department of Children
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and Family Services. The judge may order a family assessment
2 if that assessment was not completed at an earlier time. If
3 it is necessary to place a child in a residential facility for
4 such evaluation, then the criteria and procedure established
5 in s. 394.463(2) or chapter 393 shall be used, whichever is
6 applicable. The educational needs assessment provided by the
7 district school board educational needs assessment team shall
8 include, but not be limited to, reports of intelligence and
9 achievement tests, screening for learning disabilities and
10 other handicaps, and screening for the need for alternative
11 education pursuant to s. 1003.53 230.2316.
12 Section 1052. Paragraph (b) of subsection (8) and
13 subsection (25) of section 985.03, Florida Statutes, are
14 amended to read:
15 985.03 Definitions.--When used in this chapter, the
16 term:
17 (8) "Child in need of services" means a child for whom
18 there is no pending investigation into an allegation or
19 suspicion of abuse, neglect, or abandonment; no pending
20 referral alleging the child is delinquent; or no current
21 supervision by the Department of Juvenile Justice or the
22 Department of Children and Family Services for an adjudication
23 of dependency or delinquency. The child must also, pursuant to
24 this chapter, be found by the court:
25 (b) To be habitually truant from school, while subject
26 to compulsory school attendance, despite reasonable efforts to
27 remedy the situation pursuant to ss. 1003.26 232.17 and
28 1003.27 232.19 and through voluntary participation by the
29 child's parents or legal custodians and by the child in family
30 mediation, services, and treatment offered by the Department
31 of Juvenile Justice or the Department of Children and Family
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Services; or
2 (25) "Habitually truant" means that:
3 (a) The child has 15 unexcused absences within 90
4 calendar days with or without the knowledge or justifiable
5 consent of the child's parent or legal guardian, is subject to
6 compulsory school attendance under s. 1003.21(1) and (2)(a)
7 232.01, and is not exempt under s. 1003.21(3) 232.06, s.
8 1003.24 232.09, or any other exemptions specified by law or
9 the rules of the State Board of Education.
10 (b) Escalating activities to determine the cause, and
11 to attempt the remediation, of the child's truant behavior
12 under ss. 1003.26 232.17 and 1003.27 232.19 have been
13 completed.
14
15 If a child who is subject to compulsory school attendance is
16 responsive to the interventions described in ss. 1003.26
17 232.17 and 1003.27 232.19 and has completed the necessary
18 requirements to pass the current grade as indicated in the
19 district pupil progression plan, the child shall not be
20 determined to be habitually truant and shall be passed. If a
21 child within the compulsory school attendance age has 15
22 unexcused absences within 90 calendar days or fails to enroll
23 in school, the state attorney may file a
24 child-in-need-of-services petition. Prior to filing a
25 petition, the child must be referred to the appropriate agency
26 for evaluation. After consulting with the evaluating agency,
27 the state attorney may elect to file a
28 child-in-need-of-services petition.
29 (c) A school representative, designated according to
30 school board policy, and a juvenile probation officer of the
31 Department of Juvenile Justice have jointly investigated the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 truancy problem or, if that was not feasible, have performed
2 separate investigations to identify conditions that could be
3 contributing to the truant behavior; and if, after a joint
4 staffing of the case to determine the necessity for services,
5 such services were determined to be needed, the persons who
6 performed the investigations met jointly with the family and
7 child to discuss any referral to appropriate community
8 agencies for economic services, family or individual
9 counseling, or other services required to remedy the
10 conditions that are contributing to the truant behavior.
11 (d) The failure or refusal of the parent or legal
12 guardian or the child to participate, or make a good faith
13 effort to participate, in the activities prescribed to remedy
14 the truant behavior, or the failure or refusal of the child to
15 return to school after participation in activities required by
16 this subsection, or the failure of the child to stop the
17 truant behavior after the school administration and the
18 Department of Juvenile Justice have worked with the child as
19 described in s. 1003.27(3) 232.19(3) shall be handled as
20 prescribed in s. 1003.27 232.19.
21 Section 1053. Paragraph (b) of subsection (7) of
22 section 985.04, Florida Statutes, is amended to read:
23 985.04 Oaths; records; confidential information.--
24 (7)
25 (b) Notwithstanding paragraph (a) or any other
26 provision of this section, when a child of any age is formally
27 charged by a state attorney with a felony or a delinquent act
28 that would be a felony if committed by an adult, the state
29 attorney shall notify the superintendent of the child's school
30 that the child has been charged with such felony or delinquent
31 act. The information obtained by the superintendent of schools
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pursuant to this section must be released within 48 hours
2 after receipt to appropriate school personnel, including the
3 principal of the school of the child. The principal must
4 immediately notify the child's immediate classroom teachers.
5 Upon notification, the principal is authorized to begin
6 disciplinary actions pursuant to s. 1006.09(1)-(4) 232.26.
7 Section 1054. Subsection (5) of section 985.316,
8 Florida Statutes, is amended to read:
9 985.316 Conditional release.--
10 (5) Participation in the educational program by
11 students of compulsory school attendance age pursuant to s.
12 1003.21(1) and (2)(a) 232.01 is mandatory for juvenile justice
13 youth on conditional release or postcommitment probation
14 status. A student of noncompulsory school-attendance age who
15 has not received a high school diploma or its equivalent must
16 participate in the educational program. A youth who has
17 received a high school diploma or its equivalent and is not
18 employed must participate in workforce development or other
19 career vocational or technical education or attend a community
20 college or a university while in the program, subject to
21 available funding.
22 Section 1055. Subsection (3) of section 985.412,
23 Florida Statutes, is amended to read:
24 985.412 Quality assurance and cost-effectiveness.--
25 (3) The department shall annually collect and report
26 cost data for every program operated or contracted by the
27 department. The cost data shall conform to a format approved
28 by the department and the Legislature. Uniform cost data shall
29 be reported and collected for state-operated and contracted
30 programs so that comparisons can be made among programs. The
31 department shall ensure that there is accurate cost accounting
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for state-operated services including market-equivalent rent
2 and other shared cost. The cost of the educational program
3 provided to a residential facility shall be reported and
4 included in the cost of a program. The department shall submit
5 an annual cost report to the President of the Senate, the
6 Speaker of the House of Representatives, the Minority Leader
7 of each house of the Legislature, the appropriate substantive
8 and fiscal committees of each house of the Legislature, and
9 the Governor, no later than December 1 of each year.
10 Cost-benefit analysis for educational programs will be
11 developed and implemented in collaboration with and in
12 cooperation with the Department of Education, local providers,
13 and local school districts. Cost data for the report shall
14 include data collected by the Department of Education for the
15 purposes of preparing the annual report required by s.
16 1003.52(20) 230.23161(21).
17 Section 1056. The purpose of the Legislature in
18 revising this education code is to rearrange, renumber,
19 reword, reorder, streamline, consolidate, and update the code
20 consistent with current law and the new K-20 education
21 governance structure. It is not the purpose of the Legislature
22 in revising the education code to affect existing judicial or
23 administrative law.
24 Section 1057. Effective upon this act becoming a law,
25 the Secretary of Education, in consultation with the
26 Commissioner of Education, may establish, abolish, or
27 consolidate bureaus, sections, and subsections and may
28 reallocate duties and functions within the Department of
29 Education in order to promote effective and efficient
30 operation of the department and to implement changes to the
31 state system of education initiated by the adoption of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1998 amendment to Art. IX of the State Constitution as
2 implemented by the Legislature in chapter 2001-170, Laws of
3 Florida. Authorized positions and appropriations may be
4 transferred from one budget entity to another as required to
5 implement the reorganization. This section is repealed
6 December 31, 2002.
7 Section 1058. Subsection (1) of section 187.201,
8 Florida Statutes, is repealed.
9 Section 1059. Section 2 of chapter 2000-181, Laws of
10 Florida, is repealed.
11 Section 1060. Part I of chapter 243 and chapters 228,
12 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241,
13 242, 244, and 246, Florida Statutes (2001), are repealed.
14 Section 1061. In editing the manuscript for the 2002
15 Florida Statutes, the Division of Statutory Revision is
16 directed to incorporate any amendments, by laws passed during
17 the 2002 Regular Session of the Legislature or any 2002
18 Special Sessions of the Legislature, to provisions repealed by
19 this act into the parallel successor provisions created by
20 this act. The division is further directed to transfer any
21 provisions enacted within part I of chapter 243 or chapters
22 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240,
23 241, 242, 244, and 246, Florida Statutes, by 2002 legislation
24 to parallel locations in accordance with this act.
25 Section 1062. (1) Chapters 1000, 1001, 1002, 1003,
26 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, and
27 1013, Florida Statutes, as created by this act, shall be
28 reviewed by the Legislature in the 2003 Regular Session of the
29 Legislature.
30 (2) This section is repealed July 1, 2003.
31 Section 1063. If any provision of this act or its
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 application to any person or circumstance is held invalid, the
2 invalidity shall not affect other provisions or applications
3 of the act which can be given effect without the invalid
4 provision or application, and to this end the provisions of
5 this act are declared severable.
6 Section 1064. Paragraph (b) of subsection (2) of
7 section 210.20, Florida Statutes, is amended to read:
8 210.20 Employees and assistants; distribution of
9 funds.--
10 (2) As collections are received by the division from
11 such cigarette taxes, it shall pay the same into a trust fund
12 in the State Treasury designated "Cigarette Tax Collection
13 Trust Fund" which shall be paid and distributed as follows:
14 (b)1. Beginning January 1, 1999, and continuing for 10
15 years thereafter, the division shall from month to month
16 certify to the Comptroller the amount derived from the
17 cigarette tax imposed by s. 210.02, less the service charges
18 provided for in s. 215.20 and less 0.9 percent of the amount
19 derived from the cigarette tax imposed by s. 210.02, which
20 shall be deposited into the Alcoholic Beverage and Tobacco
21 Trust Fund, specifying an amount equal to 2.59 percent of the
22 net collections, and that amount shall be paid to the Board of
23 Directors of the H. Lee Moffitt Cancer Center and Research
24 Institute, established under s. 1004.43 240.512, by warrant
25 drawn by the Comptroller upon the State Treasury. These funds
26 are hereby appropriated monthly out of the Cigarette Tax
27 Collection Trust Fund, to be used for the purpose of
28 constructing, furnishing, and equipping a cancer research
29 facility at the University of South Florida adjacent to the H.
30 Lee Moffitt Cancer Center and Research Institute. In fiscal
31 years 1999-2000 and thereafter with the exception of fiscal
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 year 2008-2009, the appropriation to the H. Lee Moffitt Cancer
2 Center and Research Institute authorized by this subparagraph
3 paragraph shall not be less than the amount that which would
4 have been paid to the H. Lee Moffitt Cancer Center and
5 Research Institute for fiscal year 1998-1999 had payments been
6 made for the entire fiscal year rather than for a 6-month
7 period thereof.
8 2. Beginning July 1, 2002, and continuing through June
9 30, 2004, the division shall, in addition to the distribution
10 authorized in subparagraph 1., from month to month certify to
11 the Comptroller the amount derived from the cigarette tax
12 imposed by s. 210.02, less the service charges provided for in
13 s. 215.20 and less 0.9 percent of the amount derived from the
14 cigarette tax imposed by s. 210.02, which shall be deposited
15 into the Alcoholic Beverage and Tobacco Trust Fund, specifying
16 an amount equal to 0.2632 percent of the net collections, and
17 that amount shall be paid to the Board of Directors of the H.
18 Lee Moffitt Cancer Center and Research Institute, established
19 under s. 1004.43, by warrant drawn by the Comptroller.
20 Beginning July 1, 2004, and continuing through June 30, 2016,
21 the division shall, in addition to the distribution authorized
22 in subparagraph 1., from month to month certify to the
23 Comptroller the amount derived from the cigarette tax imposed
24 by s. 210.02, less the service charges provided for in s.
25 215.20 and less 0.9 percent of the amount derived from the
26 cigarette tax imposed by s. 210.02, which shall be deposited
27 into the Alcoholic Beverage and Tobacco Trust Fund, specifying
28 an amount equal to 1.47 percent of the net collections, and
29 that amount shall be paid to the Board of Directors of the H.
30 Lee Moffitt Cancer Center and Research Institute, established
31 under s. 1004.43, by warrant drawn by the Comptroller. These
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 funds are appropriated monthly out of the Cigarette Tax
2 Collection Trust Fund, to be used for the purpose of
3 constructing, furnishing, and equipping a cancer research
4 facility at the University of South Florida adjacent to the H.
5 Lee Moffitt Cancer Center and Research Institute. In fiscal
6 years 2004-2005 and thereafter, the appropriation to the H.
7 Lee Moffitt Cancer Center and Research Institute authorized by
8 this subparagraph shall not be less than the amount that would
9 have been paid to the H. Lee Moffitt Cancer Center and
10 Research Institute in fiscal year 2001-2002, had this
11 subparagraph been in effect.
12 Section 1065. Section 210.201, Florida Statutes, is
13 renumbered as section 1004.436, Florida Statutes, and amended
14 to read:
15 1004.436 210.201 Cancer research facility at the
16 University of South Florida; establishment; funding.--The
17 Board of Directors of the H. Lee Moffitt Cancer Center and
18 Research Institute shall construct, furnish, and equip, and
19 shall covenant to complete, the cancer research facility at
20 the University of South Florida adjacent to the H. Lee Moffitt
21 Cancer Center and Research Institute. Moneys transferred to
22 the Board of Directors of the H. Lee Moffitt Cancer Center and
23 Research Institute pursuant to s. 210.20 shall be used to
24 secure financing to pay costs related to constructing,
25 furnishing, and equipping the cancer research facility. Such
26 financing may include the issuance of tax exempt bonds by a
27 local authority, municipality, or county pursuant to parts II
28 and III of chapter 159. Such bonds shall not constitute state
29 bonds for purposes of s. 11, Art. VII of the State
30 Constitution, but shall constitute bonds of a "local agency,"
31 as defined in s. 159.27(4). The cigarette tax dollars pledged
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to this facility pursuant to s. 210.20 may shall be replaced
2 annually by the Legislature from tobacco litigation settlement
3 proceeds.
4 Section 1066. Except as otherwise provided herein,
5 this act shall take effect January 7, 2003.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 remove: the entire title
11
12 and insert:
13 A bill to be entitled
14 An act relating to education and matters
15 connected therewith; creating the "Florida K-20
16 Education Code"; creating ch. 1000, F.S.,
17 entitled "K-20 General Provisions," consisting
18 of part I relating to general provisions, part
19 II relating to systemwide definitions, and part
20 III relating to educational compacts; creating
21 ch. 1001, F.S., entitled "K-20 Governance,"
22 consisting of part I relating to state-level
23 governance, part II relating to school district
24 governance, part III relating to community
25 colleges, and part IV relating to state
26 universities; creating ch. 1002, F.S., entitled
27 "Student and Parental Rights and Educational
28 Choices," consisting of part I relating to
29 general provisions, part II relating to student
30 and parental rights, part III relating to
31 educational choice, and part IV relating to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 home education, private schools, and other
2 education options; creating ch. 1003, F.S.,
3 entitled "Public K-12 Education," consisting of
4 part I relating to general provisions, part II
5 relating to school attendance, part III
6 relating to control of students, part IV
7 relating to public K-12 educational
8 instruction, part V relating to specialized
9 instruction for certain public K-12 students,
10 and part VI relating to pilot public K-12
11 education programs; creating ch. 1004, F.S.,
12 entitled "Public Postsecondary Education,"
13 consisting of part I relating to general
14 provisions, part II relating to state
15 universities, part III relating to community
16 colleges, and part IV relating to workforce
17 development education; providing
18 appropriations; creating ch. 1005, F.S.,
19 entitled "Nonpublic Postsecondary Education,"
20 consisting of part I relating to general
21 provisions, part II relating to the Commission
22 for Independent Education, and part III
23 relating to licensure of nonpublic
24 postsecondary educational institutions;
25 creating ch. 1006, F.S., entitled "Support for
26 Learning and Student Services," consisting of
27 part I relating to public K-12 education
28 support for learning and student services and
29 part II relating to postsecondary educational
30 institutions; creating ch. 1007, F.S., entitled
31 "Access and Articulation," consisting of part I
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 relating to general provisions, part II
2 relating to articulation, and part III relating
3 to access to postsecondary education; creating
4 ch. 1008, F.S., entitled "Assessment and
5 Accountability," consisting of part I relating
6 to assessment, part II relating to
7 accountability, and part III relating to the
8 Council for Education Policy Research and
9 Improvement; creating ch. 1009, F.S., entitled
10 "Educational Scholarships, Fees, and Financial
11 Assistance," consisting of part I relating to
12 general provisions, part II relating to
13 postsecondary student fees, part III relating
14 to financial assistance, part IV relating to
15 prepaid college board programs, and part V
16 relating to the Florida higher education loan
17 authority; creating ch. 1010, F.S., entitled
18 "Financial Matters," consisting of part I
19 relating to general accounting requirements,
20 part II relating to financial reporting, part
21 III relating to audit requirements and
22 procedures, part IV relating to bonding, and
23 part V relating to trust funds; creating ch.
24 1011, F.S., entitled "Planning and Budgeting,"
25 consisting of part I relating to preparation,
26 adoption, and implementation of budgets, part
27 II relating to funding for school districts,
28 part III relating to funding for workforce
29 education, part IV relating to funding for
30 community colleges, and part V relating to
31 funding for state universities; creating ch.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1012, F.S., entitled "Personnel," consisting of
2 part I relating to general provisions, part II
3 relating to K-20 personnel issues, part III
4 relating to public schools personnel, part IV
5 relating to public postsecondary educational
6 institutions personnel, part V relating to
7 professional development, and part VI relating
8 to the interstate compact on qualifications of
9 educational personnel; creating ch. 1013, F.S.,
10 entitled "Educational Facilities," consisting
11 of part I relating to functions of the
12 Department of Education, part II relating to
13 use and management of educational facilities,
14 part III relating to planning and construction
15 of educational facilities, and part IV relating
16 to funding for educational facilities;
17 reenacting and amending s. 20.15, F.S.,
18 relating to the Department of Education, to
19 conform; amending ss. 11.061, 11.40, 11.45,
20 23.1225, 24.121, 39.0015, 39.407, 61.13015,
21 105.061, 110.1228, 110.123, 110.151, 110.181,
22 110.205, 112.1915, 112.313, 120.52, 120.55,
23 120.81, 121.051, 121.091, 145.131, 145.19,
24 153.77, 159.27, 163.3177, 163.3191, 195.096,
25 196.012, 196.031, 196.1983, 200.001, 200.065,
26 200.069, 201.24, 210.20, 212.04, 212.0602,
27 212.08, 213.053, 215.20, 215.82, 216.181,
28 216.301, 218.39, 220.183, 222.22, 250.115,
29 255.0515, 255.0516, 265.2861, 265.603, 267.173,
30 267.1732, 282.005, 282.103, 282.105, 282.106,
31 282.3031, 282.3063, 282.310, 284.34, 285.18,
1769
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 287.042, 287.055, 287.064, 288.039, 288.8175,
2 295.01, 295.015, 295.016, 295.017, 295.018,
3 295.019, 295.0195, 316.003, 316.027, 316.515,
4 316.6145, 316.615, 316.70, 316.72, 318.12,
5 318.14, 320.08058, 320.20, 320.38, 322.031,
6 322.091, 322.095, 322.21, 333.03, 364.508,
7 380.0651, 381.003, 381.005, 381.0056, 381.0302,
8 391.055, 393.0657, 394.4572, 394.495, 394.498,
9 395.602, 395.605, 397.405, 397.451, 397.951,
10 402.22, 402.302, 402.3057, 409.145, 409.1757,
11 409.2598, 409.9071, 409.908, 409.9122, 411.01,
12 411.203, 411.223, 414.1251, 440.16, 445.04,
13 445.0121, 445.024, 447.203, 447.301, 447.403,
14 450.081, 450.121, 458.3145, 458.324, 459.0125,
15 468.1115, 468.607, 468.723, 471.0035, 476.114,
16 476.144, 476.178, 477.0132, 477.019, 477.0201,
17 477.023, 480.033, 481.229, 488.01, 553.415,
18 559.902, 589.09, 627.733, 627.742, 627.912,
19 633.445, 633.50, 732.402, 784.081, 817.566,
20 817.567, 877.18, 921.187, 943.10, 943.22,
21 944.801, 948.03, 984.03, 984.05, 984.151,
22 984.19, 985.03, 985.04, 985.316, and 985.412,
23 F.S.; conforming provisions and cross
24 references; providing purpose of this act;
25 authorizing activities relating to the
26 reorganization of the Department of Education
27 and implementation of changes to the state
28 system of education; repealing s. 187.201(1),
29 F.S., relating to the education goals and
30 policies of the State Comprehensive Plan;
31 repealing s. 2 of ch. 2000-181, Laws of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Florida, relating to the repeal of s. 236.081,
2 F.S., effective June 30, 2004; repealing part I
3 of ch. 243, F.S., relating to the educational
4 institutions law, and ch. 228, 229, 230, 231,
5 232, 233, 234, 235, 236, 237, 239, 240, 241,
6 242, 244, and 246, F.S., relating to public
7 education general provisions, functions of
8 state educational agencies, the district school
9 system, personnel of the school system,
10 compulsory school attendance and child welfare,
11 courses of study and instructional aids,
12 transportation of school children, educational
13 facilities, finance and taxation of schools,
14 financial accounts and expenditures for public
15 schools, vocational, adult, and community
16 education, postsecondary education, distance
17 learning, specialized state educational
18 institutions, educational compacts, and
19 nonpublic postsecondary institutions; providing
20 duties of the Division of Statutory Revision;
21 providing for review of ch. 1000-1013, F.S.,
22 during the 2003 Regular Session; providing for
23 severability; amending s. 210.20, F.S.;
24 increasing that portion of the revenues from
25 the cigarette tax to be paid monthly to the
26 Board of Directors of the H. Lee Moffitt Cancer
27 Center and Research Institute to finance a
28 cancer research facility at the University of
29 South Florida; amending and renumbering s.
30 210.201, F.S.; providing for the use of the
31 transferred moneys; authorizing, rather than
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1564, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 requiring, replacement of such moneys by
2 tobacco settlement proceeds; providing
3 effective dates.
4
5 WHEREAS, Representative Jerry G. Melvin has served in
6 the Florida House of Representatives for 18 years, from
7 1968-1978 and 1995-2002, and is the current Dean of this great
8 institution, and
9 WHEREAS, Representative Jerry G. Melvin served for many
10 years on the Education Appropriations Committee, chaired the
11 Education Innovation Committee from 1997 through 2000, and has
12 chaired the Council for Lifelong Learning from 2000 through
13 2002, and
14 WHEREAS, in his many years of education chairmanship,
15 Representative Jerry G. Melvin has fought tirelessly to
16 achieve the public policy goals of the House leadership, and
17 WHEREAS, in his final year of service to this House,
18 Representative Jerry G. Melvin has accomplished his crowning
19 achievement by bringing before this body, as required in last
20 year's education governance legislation, a new, clear, concise
21 revision of the entire education code that reflects the new
22 governance structure, and
23 WHEREAS, this new education code is the largest, most
24 comprehensive piece of legislation ever brought before this
25 Legislature and epitomizes the dedication and hard work of
26 Representative Jerry G. Melvin, NOW, THEREFORE,
27
28
29
30
31
1772
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