Senate Bill sb1436c2

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    Florida Senate - 2003   CS for CS for SB 1436 & CS for SB 1646

    By the Committees on Appropriations; Finance and Taxation;
    Education; and Senators Carlton and Constantine




    309-1939-03

  1                      A bill to be entitled

  2         An act relating to implementation of Amendment

  3         9 to the State Constitution (November 2002

  4         election); providing a short title; amending s.

  5         1003.01, F.S.; defining the terms

  6         "core-curricula courses" and "extracurricular

  7         courses"; amending s. 1003.03, F.S.;

  8         establishing the constitutional class size

  9         maximum; providing for the determination of

10         averages; providing for the department to

11         calculate averages based upon student

12         membership surveys; providing implementation

13         options for school districts; providing

14         accountability for the class size reduction

15         measures; providing that a district school

16         board that fails to comply with maximum class

17         size requirements is subject to suspension by

18         the Governor; creating s. 1011.685, F.S.;

19         establishing an operating categorical fund for

20         implementing class size reduction; providing

21         for the use of the funds by school districts;

22         creating s. 1013.735, F.S.; establishing the

23         Classrooms for Kids Program; providing for the

24         allocation of funds; providing requirements for

25         district participation in the program;

26         providing for the use of the funds; creating s.

27         1013.736, F.S.; establishing the District

28         Equity Recognition Program; providing for

29         eligibility for school district participation;

30         establishing a district equity ratio for

31         purposes of calculating the allocation for the

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 1         program; providing for the use of the funds;

 2         creating s. 1013.737, F.S.; establishing the

 3         Class Size Reduction Lottery Revenue Bond

 4         Program; authorizing the issuance of revenue

 5         bonds to finance or refinance the construction,

 6         acquisition, reconstruction, or renovation of

 7         educational facilities; specifying that the

 8         bonds are payable from first proceeds of

 9         lottery revenues transferred to the Educational

10         Enhancement Trust Fund; establishing a covenant

11         with bondholders to not materially and

12         adversely affect their rights; providing for

13         issuance of the bonds by the Division of Bond

14         Finance on behalf of the Department of

15         Education; limiting the total amount of such

16         bonds issued; providing for deposit of bond

17         proceeds in the Lottery Capital Outlay and Debt

18         Service Trust Fund; providing for the filing of

19         complaints for validation; providing for timely

20         encumbrances of funds for authorized projects;

21         amending s. 24.121, F.S.; removing limitations

22         on lottery revenues that may be pledged to the

23         payment of debt service; amending s. 121.091,

24         F.S.; authorizing instructional personnel who

25         receive authorization to extend participation

26         in the Deferred Retirement Option Program;

27         requiring the Department of Management Services

28         to request a determination from the United

29         States Internal Revenue Service; providing that

30         the changes effected by this act to the

31         Deferred Retirement Option Program are

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 1         contingent upon such determination or other

 2         favorable opinion; amending s. 1001.42, F.S.;

 3         clarifying provisions concerning a

 4         school-within-a-school; amending s. 1003.02,

 5         F.S.; requiring school districts to notify

 6         parents of acceleration mechanisms; eliminating

 7         a cross-reference to conform to changes made by

 8         the act; amending s. 1003.43, F.S.; removing

 9         the requirement that a life management course

10         be offered during the 9th and 10th grade years;

11         amending s. 1003.436, F.S.; reducing the number

12         of hours required for one full credit; amending

13         s. 1011.62, F.S.; removing a date limitation to

14         provide for categorical flexibility; amending

15         s. 1011.69, F.S.; deleting obsolete provisions;

16         providing that Classrooms for Kids operating

17         categorial funds are not subject to provisions

18         requiring equity in school funding; amending s.

19         1012.56, F.S.; revising the time period for an

20         authorized statement of status of eligibility

21         for educator certification requirements;

22         amending requirements for mastery of general

23         knowledge for a teaching certificate; revising

24         requirements for mastery of subject area

25         knowledge; revising requirements for mastery of

26         professional competence; amending s. 1012.57,

27         F.S.; requiring district school boards to adopt

28         rules to allow for the issuance of adjunct

29         educator certificates; amending s. 1013.03,

30         F.S.; requiring the Department of Education to

31         review rules relating to school construction

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 1         and make recommendations to the State Board of

 2         Education; amending s. 1013.31, F.S.; requiring

 3         school districts to periodically update the

 4         inventory of educational facilities; amending

 5         s. 1002.37, F.S.; revising reporting

 6         requirements for the board of trustees of the

 7         Florida Virtual School; providing for funding

 8         the Florida Virtual School within the Florida

 9         Education Finance Program; providing for the

10         determination of a credit; eliminating obsolete

11         provisions; amending s. 1011.61, F.S.;

12         redefining the term "full-time equivalent

13         student" to include a Florida Virtual School

14         student; providing for membership to exceed

15         certain maximum days of instruction; creating

16         the Florida Business and Education in School

17         Together (Florida BEST) Program; requiring

18         school districts to seek business partners for

19         Florida BEST schools; requiring each school

20         district to create a Florida BEST school

21         evaluation committee; defining a "Florida

22         Business and Education in School Together

23         (Florida BEST) school"; providing for priority

24         in admission of students; providing parental

25         responsibility; providing for contracts to

26         operate Florida BEST schools; providing school

27         district and business responsibilities for

28         Florida BEST schools; providing exemptions from

29         local government ordinances or regulations

30         relating to square footage or floor area;

31         repealing ss. 1002.33(13), 1012.41, and

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 1         1013.43, F.S., relating to number of charter

 2         schools, directors of career and technical

 3         education, and the small school requirement;

 4         amending s. 216.292, F.S.; requiring the

 5         Executive Office of the Governor to transfer

 6         funds for class size reduction based on

 7         recommendations of the Florida Education

 8         Finance Program Appropriation Allocation

 9         Conference; requiring notice and review;

10         providing for severability; providing effective

11         dates.

12  

13         WHEREAS, in 1998 the voters approved an amendment to

14  Section 1, Article IX of the State Constitution that required

15  the Legislature to establish by law a uniform, efficient,

16  safe, secure, and high-quality system of free public schools

17  that allows students to obtain a high-quality education, and

18         WHEREAS, in 2002 the voters of Florida approved a

19  further amendment to Section 1, Article IX of the State

20  Constitution to assure that students obtain a high-quality

21  education, and

22         WHEREAS, the voters defined a high-quality education

23  as, by 2010 a prekindergarten through grade 3 core-curricula

24  class size of no more than 18 students assigned to a teacher,

25  a grade 4 through grade 8 core-curricula class size of no more

26  than 22 students assigned to a teacher, and a grade 9 through

27  grade 12 core-curricula class size of no more than 25 students

28  assigned to a teacher, and

29         WHEREAS, Section 1, Article IX of the State

30  Constitution further requires that such reduced class sizes be

31  

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 1  accomplished through a system that is both efficient and

 2  uniform, and

 3         WHEREAS, there are a number of ways that the

 4  Legislature could implement the provisions of Amendment 9 to

 5  Section 1, Article IX of the State Constitution, and

 6         WHEREAS, the Legislature has chosen to focus on student

 7  achievement, provide clarity of goals, allow flexibility to

 8  reach those goals, recognize issues relating to equity of

 9  implementation, and require accountability to meet the

10  standards set forth in the State Constitution, NOW, THEREFORE,

11  

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

13  

14         Section 1.  This act may be cited as "The Class Size

15  Reduction Act."

16         Section 2.  Subsections (14) and (15) are added to

17  section 1003.01, Florida Statutes, to read:

18         1003.01  Definitions.--As used in this chapter, the

19  term:

20         (14)  "Core-curricula courses" mean courses defined by

21  the Department of Education as mathematics, language

22  arts/reading, science, social studies, foreign language,

23  English for Speakers of Other Languages, exceptional student

24  education, and courses taught in traditional self-contained

25  elementary school classrooms.

26         (15)  "Extracurricular courses" means all courses that

27  are not defined as "core-curricula courses," which may

28  include, but are not limited to, physical education, fine

29  arts, performing fine arts, vocational education, and career

30  and technical education. The term is limited in meaning and

31  used for the sole purpose of designating classes that are not

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 1  subject to the maximum class size requirements established in

 2  s. 1, Art. IX of the State Constitution.

 3         Section 3.  Section 1003.03, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

 6         s. 1003.03, F.S., for present text.)

 7         1003.03  Maximum class size.--

 8         (1)  CONSTITUTIONAL CLASS SIZE MAXIMUM.--Pursuant to s.

 9  1, Art. IX of the State Constitution, beginning in the

10  2010-2011 school year:

11         (a)  The maximum number of students assigned to each

12  teacher who is teaching core-curricula courses in public

13  school classrooms for prekindergarten through grade 3 may not

14  exceed 18 students.

15         (b)  The maximum number of students assigned to each

16  teacher who is teaching core-curricula courses in public

17  school classrooms for grades 4 through 8 may not exceed 22

18  students.

19         (c)  The maximum number of students assigned to each

20  teacher who is teaching core-curricula courses in public

21  school classrooms for grades 9 through 12 may not exceed 25

22  students.

23         (2)  IMPLEMENTATION.--

24         (a)  Beginning with the 2003-2004 fiscal year, each

25  school district that is not in compliance with the maximums in

26  subsection (1) shall reduce the average number of students per

27  classroom in each of the following grade groupings:

28  prekindergarten through grade 3, grade 4 through grade 8, and

29  grade 9 through grade 12, by at least two students each year.

30         (b)  Determination of the number of students per

31  classroom in paragraph (a) shall be calculated as follows:

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 1         1.  For fiscal years 2003-2004 through 2005-2006, the

 2  calculation for compliance for each of the 3 grade groupings

 3  shall be the average at the district level.

 4         2.  For fiscal years 2006-2007 through 2007-2008, the

 5  calculation for compliance for each of the 3 grade groupings

 6  shall be the average at the school level.

 7         3.  For fiscal years 2008-2009 and 2009-2010, the

 8  calculation for compliance shall be at the individual

 9  classroom level.

10         (c)  The Department of Education shall annually

11  calculate each of the three average class size measures

12  defined in paragraphs (a) and (b) based upon the October

13  student membership survey. For purposes of determining the

14  baseline from which each district's average class size must be

15  reduced for the 2003-2004 school year, the department shall

16  use data from the February 2003 student membership survey

17  updated to include classroom identification numbers as

18  required by the department.

19         (d)  Prior to the adoption of the district school

20  budget for 2003-2004, each district school board shall hold

21  public hearings to review school attendance zones in order to

22  ensure maximum use of facilities while minimizing the

23  additional use of transportation in order to comply with the

24  two-student-per-year reduction required in paragraph (a).

25  School districts that meet the constitutional class size

26  maximum described in subsection (1) are exempt from this

27  requirement.

28         (3)  IMPLEMENTATION OPTIONS.--District school boards

29  must consider, but are not limited to, implementing the

30  following items in order to meet the constitutional class size

31  

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 1  maximum described in subsection (1) and the

 2  two-student-per-year reduction required in subsection (2):

 3         (a)  Adopt policies to encourage qualified students to

 4  take dual enrollment courses.

 5         (b)  Adopt policies to encourage students to take

 6  courses from the Florida Virtual School.

 7         (c)  Repeal district school board policies that require

 8  students to have more than 24 credits to graduate from high

 9  school.

10         (d)  Use methods to maximize use of instructional

11  staff, such as changing required teaching loads and scheduling

12  of planning periods, deploying district employees that have

13  professional certification to the classroom, using adjunct

14  educators, or any other method not prohibited by law.

15         (e)  Use innovative methods to reduce the cost of

16  school construction by using prototype school designs, using

17  SMART Schools designs, participating in the School

18  Infrastructure Thrift Program, or any other method not

19  prohibited by law.

20         (f)  Use joint-use facilities through partnerships with

21  community colleges, state universities, and private colleges

22  and universities.

23         (g)  Adopt alternative methods of class scheduling,

24  such as block scheduling.

25         (h)  Redraw school attendance zones to maximize use of

26  facilities while minimizing the additional use of

27  transportation.

28         (i)  Operate schools beyond the normal operating hours

29  to provide classes in the evening or operate more than one

30  session of school during the day.

31  

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 1         (j)  Use year-round schools and other nontraditional

 2  calendars that do not adversely impact annual assessment of

 3  student achievement.

 4         (k)  Review and consider amending any collective

 5  bargaining contracts that hinder the implementation of class

 6  size reduction.

 7         (l)  Use any other approach not prohibited by law.

 8         (4)  ACCOUNTABILITY.--

 9         (a)  Beginning in the 2003-2004 fiscal year, if the

10  department determines for any year that a school district has

11  not reduced average class size as required in subsection (2)

12  at the time of the third FEFP calculation, the department

13  shall calculate an amount from the class size reduction

14  operating categorical which is proportionate to the amount of

15  class size reduction not accomplished. Upon verification of

16  the department's calculation by the Florida Education Finance

17  Program Appropriation Allocation Conference, the Executive

18  Office of the Governor shall transfer undistributed funds

19  equivalent to the calculated amount from the district's class

20  size reduction operating categorical to an approved fixed

21  capital outlay appropriation for class size reduction in the

22  affected district pursuant to s. 216.292(13). The amount of

23  funds transferred shall be the lesser of the amount verified

24  by the Florida Education Finance Program Appropriation

25  Allocation Conference or the undistributed balance of the

26  district's class size reduction operating categorical.

27         (b)  Beginning in the 2005-2006 school year, the

28  department shall determine by January 15 of each year which

29  districts have not met the two-student-per-year reduction

30  required in subsection (2) based upon a comparison of the

31  district's October student membership survey for the current

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 1  school year and the February 2003 baseline student membership

 2  survey. The department shall report such districts to the

 3  Legislature. Each district that has not met the

 4  two-student-per-year reduction shall be required to implement

 5  one of the following policies in the subsequent school year

 6  unless the department finds that the district comes into

 7  compliance based upon the February student membership survey:

 8         1.  Year-round schools;

 9         2.  Double sessions;

10         3.  Extended school year; or

11         4.  Rezoning.

12  

13  A school district that is required to implement the policies

14  outlined in subparagraphs 1. through 4. shall correct in the

15  year of implementation any past deficiencies and bring the

16  district into compliance with the two-student-per-year

17  reduction goals established for the district by the department

18  pursuant to subsection (2). A school district may choose to

19  implement more than one of these policies. The district school

20  superintendent shall report to the Commissioner of Education

21  the extent to which the district implemented any of the

22  policies outlined in subparagraphs 1. through 4. in a format

23  to be specified by the Commissioner of Education. The

24  Department of Education shall use the enforcement authority

25  provided in s. 1008.32, to ensure that districts comply with

26  the provisions of this paragraph.

27         (c)  Beginning in the 2006-2007 school year, the

28  department shall annually determine which districts do not

29  meet the requirements described in subsection (2). In addition

30  to enforcement authority provided in s. 1008.32, the

31  Department of Education shall develop a constitutional

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 1  compliance plan for each such district which includes, but is

 2  not limited to, redrawing school attendance zones to maximize

 3  use of facilities while minimizing the additional use of

 4  transportation unless the department finds that the district

 5  comes into compliance based upon the February student

 6  membership survey and the other accountability policies listed

 7  in paragraph (b). Each district school board shall implement

 8  the constitutional compliance plan developed by the state

 9  board until the district complies with the constitutional

10  class size maximum.

11         (d)  Any district school board that does not comply

12  with the requirements of this section and s. 1, Art. IX of the

13  State Constitution shall be subject to suspension by the

14  Governor pursuant to s. 7, Art. IV of the State Constitution.

15         Section 4.  Section 1011.685, Florida Statutes, is

16  created to read:

17         1011.685  Class size reduction; operating categorical

18  fund.--

19         (1)  There is created an operating categorical fund for

20  implementing the class size reduction provisions of s. 1, Art.

21  IX of the State Constitution. These funds shall be allocated

22  to each school district in the amount prescribed by the

23  Legislature in the General Appropriations Act.

24         (2)  Class size reduction operating categorical funds

25  shall be used by school districts for the following:

26         (a)  To reduce class size in any lawful manner, if the

27  district has not met the constitutional maximum identified in

28  s. 1003.03(1) or the reduction of two students per year

29  required by s. 1003.03(2).

30         (b)  For any lawful operating expenditure, if the

31  district has met the constitutional maximum identified in s.

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 1  1003.03(1) or the reduction of two students per year required

 2  by s. 1003.03(2); however, priority should be given to

 3  increase salaries of classroom teachers as defined in s.

 4  1012.01(2)(a).

 5         Section 5.  Section 1013.735, Florida Statutes, is

 6  created to read:

 7         1013.735  Classrooms for Kids Program.--

 8         (1)  ALLOCATION.--The department shall allocate funds

 9  appropriated for the Classrooms for Kids Program. It is the

10  intent of the Legislature that this program be administered as

11  nearly as practicable in the same manner as the capital outlay

12  program authorized under s. 9(a), Art. XII of the State

13  Constitution. Each district school board's share of the annual

14  appropriation for the Classrooms for Kids Program must be

15  calculated according to the following formula:

16         (a)  Twenty-five percent of the appropriation shall be

17  prorated to the districts based on each district's percentage

18  of base capital outlay full-time equivalent membership, and 65

19  percent shall be based on each district's percentage of growth

20  capital outlay full-time equivalent membership as specified

21  for the allocation of funds from the Public Education Capital

22  Outlay and Debt Service Trust Fund by s. 1013.64(3).

23         (b)  Ten percent of the appropriation must be allocated

24  among district school boards according to the allocation

25  formula in s. 1013.64(1)(a).

26         (2)  DISTRICT PARTICIPATION.--In order to participate

27  in the Classrooms for Kids Program, a district school board

28  shall:

29         (a)  Enter into an interlocal agreement pursuant to s.

30  1013.33.

31  

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 1         (b)  Certify that the district's inventory of

 2  facilities listed in the Florida Inventory of School Houses is

 3  accurate and up-to-date pursuant to s. 1013.31.

 4         (3)  USE OF FUNDS.--In order to increase capacity to

 5  reduce class size, a district school board shall expend the

 6  funds received pursuant to this section only to:

 7         (a)  Construct, renovate, remodel, or repair

 8  educational facilities that are in excess of projects

 9  identified in the district's 5-year work program adopted prior

10  to March 15, 2003; or

11         (b)  Purchase or lease-purchase relocatable facilities

12  that are in excess of relocatables identified in the

13  district's 5-year work program adopted prior to March 15,

14  2003.

15         Section 6.  Effective upon this act becoming a law,

16  section 1013.736, Florida Statutes, is created to read:

17         1013.736  District Effort Recognition Program.--

18         (1)  RECOGNITION FUNDS.--From funds appropriated by the

19  Legislature, district effort recognition capital outlay grants

20  shall be made to eligible school districts in accordance with

21  the provisions of this section and the General Appropriations

22  Act. The funds appropriated in this section are not subject to

23  the provisions of s. 216.301.

24         (2)  ELIGIBILITY.--Annually, the Department of

25  Education shall determine each district's compliance with the

26  provisions of s. 1003.03 and determine the district's

27  eligibility to receive a district effort recognition grant for

28  local school facilities projects pursuant to this section.

29  Districts shall be eligible for a district effort recognition

30  grant based upon participation in any of the following:

31  

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 1         (a)  The district levies a half-cent school capital

 2  outlay surtax authorized in s. 212.055(6).

 3         (b)  The district participates in the levy of the local

 4  government infrastructure sales surtax authorized in s.

 5  212.055(2).

 6         (c)  The district levies voted millage for capital

 7  outlay purposes as authorized in s. 9, Art. VII of the State

 8  Constitution.

 9         (3)  DISTRICT EFFORT RECOGNITION PROGRAM.--The

10  department shall annually calculate a district effort amount

11  for each district by September 1 after each fiscal year. The

12  total amount of revenue for the prior year from each revenue

13  levied as described in subsection (2) shall be divided by the

14  number of months for which revenue was received and multiplied

15  by the number of authorized months remaining in each voter

16  referendum. The amount so determined for each revenue levied

17  shall be totaled. The Department of Revenue shall report the

18  amount of voter-approved revenue described in paragraphs

19  (2)(a) and (b). The district shall report the amount of

20  revenue described in paragraph (2)(b) identified for district

21  fixed capital outlay in the prior fiscal year. To determine

22  the amount of revenue levied pursuant to paragraph (2)(c), the

23  district shall annually report to the department the

24  outstanding debt service by bond series and date of maturity.

25  The total of annual debt service to maturity remaining as of

26  July 1 of each year shall be added to the other revenues

27  levied pursuant to paragraphs (2)(a) and (b) in determining

28  the total district effort amount. Only the amount of

29  voter-approved revenue described in paragraph (2)(b) which has

30  been identified for district fixed capital outlay from the

31  prior fiscal year shall be used in the calculation.

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 1         (4)  ALLOCATION AND DISTRIBUTION OF FUNDS.--The

 2  department shall allocate the annual amount of funds provided

 3  among all eligible districts based upon the district's

 4  proportion of the funds as determined in subsection (3). Funds

 5  shall be distributed once a district has encumbered the funds.

 6         (5)  USE OF FUNDS.--School districts that do not meet

 7  the constitutional class size maximum described in s.

 8  1003.03(1) must use the funds for capital outlay to reduce

 9  class size. School districts that meet the constitutional

10  class size maximum may use the funds for any lawful capital

11  outlay purpose.

12         Section 7.  Section 1013.737, Florida Statutes, is

13  created to read:

14         1013.737  The Class Size Reduction Lottery Revenue Bond

15  Program.--There is established the Class Size Reduction

16  Lottery Revenue Bond Program.

17         (1)  The issuance of revenue bonds is authorized to

18  finance or refinance the construction, acquisition,

19  reconstruction, or renovation of educational facilities. Such

20  bonds shall be issued pursuant to and in compliance with the

21  provisions of s. 11(d), Art. VII of the State Constitution,

22  the provisions of the State Bond Act, ss. 215.57-215.83, as

23  amended, and the provisions of this section.

24         (2)  The bonds are payable from, and secured by a first

25  lien on, the first lottery revenues transferred to the

26  Educational Enhancement Trust Fund each fiscal year, as

27  provided by s. 24.121(2), and do not constitute a general

28  obligation of, or a pledge of the full faith and credit of,

29  the state.

30         (3)  The state hereby covenants with the holders of

31  such revenue bonds that it will not take any action that will

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 1  materially and adversely affect the rights of such holders so

 2  long as bonds authorized by this section are outstanding. The

 3  state does hereby additionally authorize the establishment of

 4  a covenant in connection with the bonds which provides that

 5  any additional funds received by the state from new or

 6  enhanced lottery programs, video gaming, or other similar

 7  activities will first be available for payments relating to

 8  bonds pledging revenues available pursuant to s. 24.121(2),

 9  prior to use for any other purpose.

10         (4)  The bonds shall be issued by the Division of Bond

11  Finance of the State Board of Administration on behalf of the

12  Department of Education in such amount as shall be requested

13  by resolution of the State Board of Education. However, the

14  total principal amount of bonds, excluding refunding bonds,

15  issued pursuant to this section shall not exceed $1.4 billion.

16         (5)  Proceeds available from the sale of the bonds

17  shall be deposited in the Lottery Capital Outlay and Debt

18  Service Trust Fund within the Department of Education.

19         (6)  The facilities to be financed with the proceeds of

20  such bonds are designated as state fixed capital outlay

21  projects for purposes of s. 11(d), Art. VII of the State

22  Constitution, and the specific facilities to be financed shall

23  be determined in accordance with state law and appropriations

24  from the Educational Enhancement Trust Fund. Projects shall be

25  funded from the Lottery Capital Outlay and Debt Service Trust

26  Fund. Each educational facility to be financed with the

27  proceeds of the bonds issued pursuant to this section is

28  hereby approved as required by s. 11(f), Art. VII of the State

29  Constitution.

30         (7)  Any complaint for validation of such bonds is

31  required to be filed only in the circuit court of the county

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 1  where the seat of state government is situated. The notice

 2  required to be published by s. 75.06 is required to be

 3  published only in the county where the complaint is filed, and

 4  the complaint and order of the circuit court need be served

 5  only on the state attorney of the circuit in which the action

 6  is pending.

 7         (8)  The Commissioner of Education shall provide for

 8  timely encumbrances of funds for duly authorized projects.

 9  Encumbrances may include proceeds to be received under a

10  resolution approved by the State Board of Education

11  authorizing issuance of class size reduction lottery bonds

12  pursuant to s. 11(d), Art. VII of the State Constitution, s.

13  1013.737, and other applicable law.

14         Section 8.  Subsection (2) of section 24.121, Florida

15  Statutes, is amended to read:

16         24.121  Allocation of revenues and expenditure of funds

17  for public education.--

18         (2)  Each fiscal year, at least 38 percent of the gross

19  revenue from the sale of on-line lottery tickets, variable

20  percentages of the gross revenue from the sale of instant

21  lottery tickets as determined by the department consistent

22  with subsection (1), and other earned revenue, excluding

23  application processing fees, shall be deposited in the

24  Educational Enhancement Trust Fund, which is hereby created in

25  the State Treasury to be administered by the Department of

26  Education. The Department of the Lottery shall transfer moneys

27  to the Educational Enhancement Trust Fund at least once each

28  quarter. Funds in the Educational Enhancement Trust Fund shall

29  be used to the benefit of public education in accordance with

30  the provisions of this act. Notwithstanding any other

31  provision of law, a maximum of $180 million of lottery

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 1  revenues transferred to the Educational Enhancement Trust Fund

 2  in fiscal year 1997-1998 and for 30 years thereafter shall be

 3  reserved as needed and used to meet the requirements of the

 4  documents authorizing the bonds issued by the state pursuant

 5  to s. 1013.68, or s. 1013.70, or s. 1013.737 or distributed to

 6  school districts for the Classrooms First Program as provided

 7  in s. 1013.68. Such lottery revenues are hereby pledged to the

 8  payment of debt service on bonds issued by the state pursuant

 9  to s. 1013.68, or s. 1013.70, or s. 1013.737. Debt service

10  payable on bonds issued by the state pursuant to s. 1013.68,

11  or s. 1013.70, or s. 1013.737 shall be payable from, and are

12  secured by a first lien on, the first lottery revenues

13  transferred to the Educational Enhancement Trust Fund in each

14  fiscal year. Amounts distributable to school districts that

15  request the issuance of bonds pursuant to s. 1013.68(3) are

16  hereby pledged to such bonds pursuant to s. 11(d), Art. VII of

17  the State Constitution. The amounts distributed through the

18  Classrooms First Program shall equal $145 million in each

19  fiscal year. These funds are intended to provide up to $2.5

20  billion for public school facilities.

21         Section 9.  Paragraphs (a) and (b) of subsection (13)

22  of section 121.091, Florida Statutes, are amended to read:

23         121.091  Benefits payable under the system.--Benefits

24  may not be paid under this section unless the member has

25  terminated employment as provided in s. 121.021(39)(a) or

26  begun participation in the Deferred Retirement Option Program

27  as provided in subsection (13), and a proper application has

28  been filed in the manner prescribed by the department. The

29  department may cancel an application for retirement benefits

30  when the member or beneficiary fails to timely provide the

31  information and documents required by this chapter and the

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 1  department's rules. The department shall adopt rules

 2  establishing procedures for application for retirement

 3  benefits and for the cancellation of such application when the

 4  required information or documents are not received.

 5         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

 6  and subject to the provisions of this section, the Deferred

 7  Retirement Option Program, hereinafter referred to as the

 8  DROP, is a program under which an eligible member of the

 9  Florida  Retirement System may elect to participate, deferring

10  receipt of retirement benefits while continuing employment

11  with his or her Florida Retirement System employer. The

12  deferred monthly benefits shall accrue in the System Trust

13  Fund on behalf of the participant, plus interest compounded

14  monthly, for the specified period of the DROP participation,

15  as provided in paragraph (c). Upon termination of employment,

16  the participant shall receive the total DROP benefits and

17  begin to receive the previously determined normal retirement

18  benefits. Participation in the DROP does not guarantee

19  employment for the specified period of DROP.

20         (a)  Eligibility of member to participate in the

21  DROP.--All active Florida Retirement System members in a

22  regularly established position, and all active members of

23  either the Teachers' Retirement System established in chapter

24  238 or the State and County Officers' and Employees'

25  Retirement System established in chapter 122 which systems are

26  consolidated within the Florida Retirement System under s.

27  121.011, are eligible to elect participation in the DROP

28  provided that:

29         1.  The member is not a renewed member of the Florida

30  Retirement System under s. 121.122, or a member of the State

31  Community College System Optional Retirement Program under s.

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 1  121.051, the Senior Management Service Optional Annuity

 2  Program under s. 121.055, or the optional retirement program

 3  for the State University System under s. 121.35.

 4         2.  Except as provided in subparagraph 6., election to

 5  participate is made within 12 months immediately following the

 6  date on which the member first reaches normal retirement date,

 7  or, for a member who reaches normal retirement date based on

 8  service before he or she reaches age 62, or age 55 for Special

 9  Risk Class members, election to participate may be deferred to

10  the 12 months immediately following the date the member

11  attains 57, or age 52 for Special Risk Class members. For a

12  member who first reached normal retirement date or the

13  deferred eligibility date described above prior to the

14  effective date of this section, election to participate shall

15  be made within 12 months after the effective date of this

16  section. A member who fails to make an election within such

17  12-month limitation period shall forfeit all rights to

18  participate in the DROP. The member shall advise his or her

19  employer and the division in writing of the date on which the

20  DROP shall begin. Such beginning date may be subsequent to the

21  12-month election period, but must be within the 60-month or,

22  with respect to members who are instructional personnel as

23  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

24  received authorization by the district school superintendent

25  to participate in DROP for more than 60 months, the 96-month

26  limitation period as provided in subparagraph (b)1. When

27  establishing eligibility of the member to participate in the

28  DROP for the 60-month or, with respect to members who are

29  instructional personnel as defined in s. 1012.01(2)(a)-(d) in

30  grades K-12 and who have received authorization by the

31  district school superintendent to participate in DROP for more

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 1  than 60 months, the 96-month maximum participation period, the

 2  member may elect to include or exclude any optional service

 3  credit purchased by the member from the total service used to

 4  establish the normal retirement date. A member with dual

 5  normal retirement dates shall be eligible to elect to

 6  participate in DROP within 12 months after attaining normal

 7  retirement date in either class.

 8         3.  The employer of a member electing to participate in

 9  the DROP, or employers if dually employed, shall acknowledge

10  in writing to the division the date the member's participation

11  in the DROP begins and the date the member's employment and

12  DROP participation will terminate.

13         4.  Simultaneous employment of a participant by

14  additional Florida Retirement System employers subsequent to

15  the commencement of participation in the DROP shall be

16  permissible provided such employers acknowledge in writing a

17  DROP termination date no later than the participant's existing

18  termination date or the 60-month limitation period as provided

19  in subparagraph (b)1.

20         5.  A DROP participant may change employers while

21  participating in the DROP, subject to the following:

22         a.  A change of employment must take place without a

23  break in service so that the member receives salary for each

24  month of continuous DROP participation.  If a member receives

25  no salary during a month, DROP participation shall cease

26  unless the employer verifies a continuation of the employment

27  relationship for such participant pursuant to s.

28  121.021(39)(b).

29         b.  Such participant and new employer shall notify the

30  division on forms required by the division as to the identity

31  of the new employer.

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 1         c.  The new employer shall acknowledge, in writing, the

 2  participant's DROP termination date, which may be extended but

 3  not beyond the original 60-month or, with respect to members

 4  who are instructional personnel as defined in s.

 5  1012.01(2)(a)-(d) in grades K-12 and who have received

 6  authorization by the district school superintendent to

 7  participate in DROP for more than 60 months, the 96-month

 8  period provided in subparagraph (b)1., shall acknowledge

 9  liability for any additional retirement contributions and

10  interest required if the participant fails to timely terminate

11  employment, and shall be subject to the adjustment required in

12  sub-subparagraph (c)5.d.

13         6.  Effective July 1, 2001, for instructional personnel

14  as defined in s. 1012.01(2), election to participate in the

15  DROP shall be made at any time following the date on which the

16  member first reaches normal retirement date. The member shall

17  advise his or her employer and the division in writing of the

18  date on which the Deferred Retirement Option Program shall

19  begin. When establishing eligibility of the member to

20  participate in the DROP for the 60-month or, with respect to

21  members who are instructional personnel as defined in s.

22  1012.01(2)(a)-(d) in grades K-12 and who have received

23  authorization by the district school superintendent to

24  participate in DROP for more than 60 months, the 96-month

25  maximum participation period, as provided in subparagraph

26  (b)1., the member may elect to include or exclude any optional

27  service credit purchased by the member from the total service

28  used to establish the normal retirement date. A member with

29  dual normal retirement dates shall be eligible to elect to

30  participate in either class.

31         (b)  Participation in the DROP.--

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 1         1.  An eligible member may elect to participate in the

 2  DROP for a period not to exceed a maximum of 60 calendar

 3  months or, with respect to members who are instructional

 4  personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12

 5  and who have received authorization by the district school

 6  superintendent to participate in DROP for more than 60

 7  calendar months, a maximum of 96 calendar months immediately

 8  following the date on which the member first reaches his or

 9  her normal retirement date or the date to which he or she is

10  eligible to defer his or her election to participate as

11  provided in subparagraph (a)2. However, a member who has

12  reached normal retirement date prior to the effective date of

13  the DROP shall be eligible to participate in the DROP for a

14  period of time not to exceed 60 calendar months or, with

15  respect to members who are instructional personnel as defined

16  in s. 1012.01(2)(a)-(d) in grades K-12 and who have received

17  authorization by the district school superintendent to

18  participate in DROP for more than 60 calendar months, 96

19  calendar months immediately following the effective date of

20  the DROP, except a member of the Special Risk Class who has

21  reached normal retirement date prior to the effective date of

22  the DROP and whose total accrued value exceeds 75 percent of

23  average final compensation as of his or her effective date of

24  retirement shall be eligible to participate in the DROP for no

25  more than 36 calendar months immediately following the

26  effective date of the DROP.

27         2.  Upon deciding to participate in the DROP, the

28  member shall submit, on forms required by the division:

29         a.  A written election to participate in the DROP;

30         b.  Selection of the DROP participation and termination

31  dates, which satisfy the limitations stated in paragraph (a)

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 1  and subparagraph 1. Such termination date shall be in a

 2  binding letter of resignation with the employer, establishing

 3  a deferred termination date. The member may change the

 4  termination date within the limitations of subparagraph 1.,

 5  but only with the written approval of his or her employer;

 6         c.  A properly completed DROP application for service

 7  retirement as provided in this section; and

 8         d.  Any other information required by the division.

 9         3.  The DROP participant shall be a retiree under the

10  Florida Retirement System for all purposes, except for

11  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

12  121.053, and 121.122. However, participation in the DROP does

13  not alter the participant's employment status and such

14  employee shall not be deemed retired from employment until his

15  or her deferred resignation is effective and termination

16  occurs as provided in s. 121.021(39).

17         4.  Elected officers shall be eligible to participate

18  in the DROP subject to the following:

19         a.  An elected officer who reaches normal retirement

20  date during a term of office may defer the election to

21  participate in the DROP until the next succeeding term in that

22  office. Such elected officer who exercises this option may

23  participate in the DROP for up to 60 calendar months or a

24  period of no longer than such succeeding term of office,

25  whichever is less.

26         b.  An elected or a nonelected participant may run for

27  a term of office while participating in DROP and, if elected,

28  extend the DROP termination date accordingly, except, however,

29  if such additional term of office exceeds the 60-month

30  limitation established in subparagraph 1., and the officer

31  does not resign from office within such 60-month limitation,

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 1  the retirement and the participant's DROP shall be null and

 2  void as provided in sub-subparagraph (c)5.d.

 3         c.  An elected officer who is dually employed and

 4  elects to participate in DROP shall be required to satisfy the

 5  definition of termination within the 60-month or, with respect

 6  to members who are instructional personnel as defined in s.

 7  1012.01(2)(a)-(d) in grades K-12 and who have received

 8  authorization by the district school superintendent to

 9  participate in DROP for more than 60 months, the 96-month

10  limitation period as provided in subparagraph 1. for the

11  nonelected position and may continue employment as an elected

12  officer as provided in s. 121.053. The elected officer will be

13  enrolled as a renewed member in the Elected Officers' Class or

14  the Regular Class, as provided in ss. 121.053 and 121.22, on

15  the first day of the month after termination of employment in

16  the nonelected position and termination of DROP. Distribution

17  of the DROP benefits shall be made as provided in paragraph

18  (c).

19         Section 10.  (1)  The Department of Management Services

20  shall, as soon as practicable after the effective date of the

21  act, request an expedited opinion from the United States

22  Internal Revenue Service as to the qualified status of the

23  changes to the Deferred Retirement Option Program.

24         (2)  The changes effected by this act to the Deferred

25  Retirement Option Program shall be contingent upon the

26  Department of Management Services receiving a favorable

27  determination letter and a favorable private letter ruling

28  from the Internal Revenue Service. If the Internal Revenue

29  Service refuses to act upon a request for a private letter

30  ruling, then a favorable legal opinion from a qualified tax

31  

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 1  attorney or firm may be substituted for such private letter

 2  ruling.

 3         Section 11.  Subsection (20) of section 1001.42,

 4  Florida Statutes, is amended to read:

 5         1001.42  Powers and duties of district school

 6  board.--The district school board, acting as a board, shall

 7  exercise all powers and perform all duties listed below:

 8         (20)  SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the

 9  anonymity of students in large schools, adopt policies to

10  encourage any large school that does not meet the definition

11  of a small school, as established by s. 1013.43(2), to

12  subdivide into schools-within-a-school that shall operate

13  within existing resources in accordance with the provisions of

14  chapter 1003.

15         Section 12.  Paragraph (i) is added to subsection (1)

16  of section 1003.02, Florida Statutes, and subsection (4) of

17  that section is amended, to read:

18         1003.02  District school board operation and control of

19  public K-12 education within the school district.--As provided

20  in part II of chapter 1001, district school boards are

21  constitutionally and statutorily charged with the operation

22  and control of public K-12 education within their school

23  district. The district school boards must establish, organize,

24  and operate their public K-12 schools and educational

25  programs, employees, and facilities. Their responsibilities

26  include staff development, public K-12 school student

27  education including education for exceptional students and

28  students in juvenile justice programs, special programs, adult

29  education programs, and career and technical education

30  programs. Additionally, district school boards must:

31  

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 1         (1)  Provide for the proper accounting for all students

 2  of school age, for the attendance and control of students at

 3  school, and for proper attention to health, safety, and other

 4  matters relating to the welfare of students in the following

 5  fields:

 6         (i)  Parental notification of acceleration

 7  mechanisms.--At the beginning of each school year, notify

 8  parents of students in or entering high school of the

 9  opportunity and benefits of advanced placement, International

10  Baccalaureate, Advanced International Certificate of

11  Education, dual enrollment, and Florida Virtual School

12  courses.

13         (4)  For any school within the district that is not in

14  compliance with the small school size requirements of chapter

15  1013, In order to reduce the anonymity of students in large

16  schools, adopt policies that encourage subdivision of the

17  school into schools-within-a-school, which shall operate

18  within existing resources. A "school-within-a-school" means an

19  operational program that uses flexible scheduling, team

20  planning, and curricular and instructional innovation to

21  organize groups of students with groups of teachers as smaller

22  units, so as to functionally operate as a smaller school.

23  Examples of this include, but are not limited to:

24         (a)  An organizational arrangement assigning both

25  students and teachers to smaller units in which the students

26  take some or all of their coursework with their fellow grouped

27  students and from the teachers assigned to the smaller unit. A

28  unit may be grouped together for 1 year or on a vertical,

29  multiyear basis.

30         (b)  An organizational arrangement similar to that

31  described in paragraph (a) with additional variations in

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 1  instruction and curriculum.  The smaller unit usually seeks to

 2  maintain a program different from that of the larger school,

 3  or of other smaller units. It may be vertically organized, but

 4  is dependent upon the school principal for its existence,

 5  budget, and staff.

 6         (c)  A separate and autonomous smaller unit formally

 7  authorized by the district school board or district school

 8  superintendent. The smaller unit plans and runs its own

 9  program, has its own staff and students, and receives its own

10  separate budget. The smaller unit must negotiate the use of

11  common space with the larger school and defer to the building

12  principal on matters of safety and building operation.

13         Section 13.  Paragraph (i) of subsection (1) of section

14  1003.43, Florida Statutes, is amended to read:

15         1003.43  General requirements for high school

16  graduation.--

17         (1)  Graduation requires successful completion of

18  either a minimum of 24 academic credits in grades 9 through 12

19  or an International Baccalaureate curriculum. The 24 credits

20  shall be distributed as follows:

21         (i)  One-half credit in life management skills to

22  include consumer education, positive emotional development,

23  marriage and relationship skill-based education, nutrition,

24  parenting skills, prevention of human immunodeficiency virus

25  infection and acquired immune deficiency syndrome and other

26  sexually transmissible diseases, benefits of sexual abstinence

27  and consequences of teenage pregnancy, information and

28  instruction on breast cancer detection and breast

29  self-examination, cardiopulmonary resuscitation, drug

30  education, and the hazards of smoking. Such credit shall be

31  

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 1  given for a course to be taken by all students in either the

 2  9th or 10th grade.

 3  

 4  District school boards may award a maximum of one-half credit

 5  in social studies and one-half elective credit for student

 6  completion of nonpaid voluntary community or school service

 7  work.  Students choosing this option must complete a minimum

 8  of 75 hours of service in order to earn the one-half credit in

 9  either category of instruction.  Credit may not be earned for

10  service provided as a result of court action.  District school

11  boards that approve the award of credit for student volunteer

12  service shall develop guidelines regarding the award of the

13  credit, and school principals are responsible for approving

14  specific volunteer activities. A course designated in the

15  Course Code Directory as grade 9 through grade 12 that is

16  taken below the 9th grade may be used to satisfy high school

17  graduation requirements or Florida Academic Scholars award

18  requirements as specified in a district school board's student

19  progression plan. A student shall be granted credit toward

20  meeting the requirements of this subsection for equivalent

21  courses, as identified pursuant to s. 1007.271(6), taken

22  through dual enrollment.

23         Section 14.  Paragraph (a) of subsection (1) of section

24  1003.436, Florida Statutes, is amended to read:

25         1003.436  Definition of "credit".--

26         (1)(a)  For the purposes of requirements for high

27  school graduation, one full credit means a minimum of 120 135

28  hours of bona fide instruction in a designated course of study

29  that contains student performance standards. The State Board

30  of Education shall determine the number of postsecondary

31  credit hours earned through dual enrollment pursuant to s.

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 1  1007.271 that satisfy the requirements of a district's

 2  interinstitutional articulation agreement according to s.

 3  1007.235 and that equal one full credit of the equivalent high

 4  school course identified pursuant to s. 1007.271(6).

 5         Section 15.  Paragraph (b) of subsection (5) of section

 6  1011.62, Florida Statutes, is amended to read:

 7         1011.62  Funds for operation of schools.--If the annual

 8  allocation from the Florida Education Finance Program to each

 9  district for operation of schools is not determined in the

10  annual appropriations act or the substantive bill implementing

11  the annual appropriations act, it shall be determined as

12  follows:

13         (5)  CATEGORICAL FUNDS.--

14         (b)  For fiscal year 2002-2003, If a district school

15  board finds and declares in a resolution adopted at a regular

16  meeting of the school board that the funds received for any of

17  the following categorical appropriations are urgently needed

18  to maintain school board specified academic classroom

19  instruction, the school board may consider and approve an

20  amendment to the school district operating budget transferring

21  the identified amount of the categorical funds to the

22  appropriate account for expenditure:

23         1.  Funds for student transportation.

24         2.  Funds for in-service educational personnel

25  training.

26         3.  Funds for safe schools.

27         4.  Funds for public school technology.

28         5.  Funds for teacher recruitment and retention.

29         5.6.  Funds for supplemental academic instruction.

30         Section 16.  Section 1011.69, Florida Statutes, is

31  amended to read:

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 1         1011.69  Equity in School-Level Funding Act.--

 2         (1)  This section may be cited as the "Equity in

 3  School-Level Funding Act."

 4         (2)(a)  Beginning in the 2000-2001 fiscal year,

 5  district school boards shall allocate to each school within

 6  the district at least 50 percent of the funds generated by

 7  that school based upon the Florida Education Finance Program

 8  as provided in s. 1011.62 and the General Appropriations Act,

 9  including gross state and local funds, discretionary lottery

10  funds, and funds from the school district's current operating

11  discretionary millage levy.

12         (b)  Beginning in the 2001-2002 fiscal year, district

13  school boards shall allocate to each school within the

14  district at least 65 percent of the funds generated by that

15  school based upon the Florida Education Finance Program as

16  provided in s. 1011.62 and the General Appropriations Act,

17  including gross state and local funds, discretionary lottery

18  funds, and funds from the school district's current operating

19  discretionary millage levy.

20         (c)  Beginning in the 2002-2003 fiscal year, district

21  school boards shall allocate to each school within the

22  district at least 80 percent of the funds generated by that

23  school based upon the Florida Education Finance Program as

24  provided in s. 1011.62 and the General Appropriations Act,

25  including gross state and local funds, discretionary lottery

26  funds, and funds from the school district's current operating

27  discretionary millage levy.

28         (d)  Beginning in the 2003-2004 fiscal year, district

29  school boards shall allocate to each school within the

30  district at least 90 percent of the funds generated by that

31  school based upon the Florida Education Finance Program as

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 1  provided in s. 1011.62 and the General Appropriations Act,

 2  including gross state and local funds, discretionary lottery

 3  funds, and funds from the school district's current operating

 4  discretionary millage levy. Total funding for each school

 5  shall be recalculated during the year to reflect the revised

 6  calculations under the Florida Education Finance Program by

 7  the state and the actual weighted full-time equivalent

 8  students reported by the school during the full-time

 9  equivalent student survey periods designated by the

10  Commissioner of Education. If the district school board is

11  providing programs or services to students funded by federal

12  funds, any eligible students enrolled in the schools in the

13  district shall be provided federal funds. Only those districts

14  that initially applied for charter school district status,

15  pursuant to s. 1003.62, and have been approved by the State

16  Board of Education are exempt from the provisions of this

17  section.

18         (3)  Funds allocated to a school pursuant to this

19  section that are unused at the end of the fiscal year shall

20  not revert to the district, but shall remain with the school.

21  These carryforward funds may be used for any purpose provided

22  by law at the discretion of the principal of the school.

23         (4)  The following funds are excluded from the

24  school-level allocation under this section:

25         (4)  Recommendations made by the Governor's Equity in

26  Educational Opportunity Task Force shall be reviewed to

27  identify potential categorical funds to be included in the

28  district allocation methodology required in subsection (2).

29         (a)(5)  Funds appropriated in the General

30  Appropriations Act for supplemental academic instruction to be

31  used for the purposes described in s. 1011.62(1)(f); and

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 1         (b)  Funds appropriated in the General Appropriations

 2  Act for the class size reduction operating categorical fund

 3  established in s. 1011.685 are excluded from the school-level

 4  allocation under this section.

 5         Section 17.  Paragraph (b) of subsection (1) and

 6  subsections (3), (4), and (5) of section 1012.56, Florida

 7  Statutes, are amended to read:

 8         1012.56  Educator certification requirements.--

 9         (1)  APPLICATION.--Each person seeking certification

10  pursuant to this chapter shall submit a completed application

11  containing the applicant's social security number to the

12  Department of Education and remit the fee required pursuant to

13  s. 1012.59 and rules of the State Board of Education. Pursuant

14  to the federal Personal Responsibility and Work Opportunity

15  Reconciliation Act of 1996, each party is required to provide

16  his or her social security number in accordance with this

17  section. Disclosure of social security numbers obtained

18  through this requirement shall be limited to the purpose of

19  administration of the Title IV-D program of the Social

20  Security Act for child support enforcement. Pursuant to s.

21  120.60, the department shall issue within 90 calendar days

22  after the stamped receipted date of the completed application:

23         (a)  A certificate covering the classification, level,

24  and area for which the applicant is deemed qualified; or

25         (b)  An official statement of status of eligibility.

26  The statement of status of eligibility must advise the

27  applicant of any qualifications that must be completed to

28  qualify for certification. Each statement of status of

29  eligibility is valid for 2 years after its date of issuance,

30  except as provided in paragraph (2)(d). A statement of status

31  of eligibility may be reissued for one additional 2-year

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 1  period if application is made while the initial statement of

 2  status of eligibility is valid or within 1 year after the

 3  initial statement expires, and if the certification subject

 4  area is authorized to be issued by the state board at the time

 5  the application requesting a reissued statement of status of

 6  eligibility is received.

 7         (3)  MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of

 8  demonstrating mastery of general knowledge are:

 9         (a)  Achievement of passing scores on basic skills

10  examination required by state board rule;

11         (b)  Achievement of passing scores on the College Level

12  Academic Skills Test earned prior to July 1, 2002;

13         (c)  A valid professional standard teaching certificate

14  issued by another state that requires an examination of

15  mastery of general knowledge;

16         (d)  A valid standard teaching certificate issued by

17  another state and valid certificate issued by the National

18  Board for Professional Teaching Standards or other such

19  nationally recognized organization as determined by the State

20  Board of Education; or

21         (e)  Documentation of two semesters of successful

22  teaching in a community college, state university, or private

23  college or university that awards an associate's or higher

24  degree and is an accredited institution or an institution of

25  higher education identified by the Department of Education as

26  having a quality program. A valid standard teaching

27  certificate issued by another state and documentation of 2

28  years of continuous successful full-time teaching or

29  administrative experience during the 5-year period immediately

30  preceding the date of application for certification.

31  

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 1         (4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable

 2  means of demonstrating mastery of subject area knowledge are:

 3         (a)  Achievement of passing scores on subject area

 4  examinations required by state board rule;

 5         (b)  Completion of the subject area specialization

 6  requirements specified in state board rule and verification of

 7  the attainment of the essential subject matter competencies by

 8  the district school superintendent of the employing school

 9  district or chief administrative officer of the employing

10  state-supported or private school for a subject area for which

11  a subject area examination has not been developed and required

12  by state board rule;

13         (c)  Completion of the graduate level subject area

14  specialization requirements specified in state board rule for

15  a subject coverage requiring a master's or higher degree and

16  achievement of a passing score on the subject area examination

17  specified in state board rule;

18         (d)  A valid standard teaching certificate issued by

19  another state that requires an examination of mastery of

20  subject area knowledge; or

21         (e)  A valid standard teaching certificate issued by

22  another state and valid certificate issued by the National

23  Board for Professional Teaching Standards or other such

24  nationally recognized organization as determined by the State

25  Board of Education.; or

26         (f)  A valid standard teaching certificate issued by

27  another state and documentation of 2 years of continuous

28  successful full-time teaching or administrative experience

29  during the 5-year period immediately preceding the date of

30  application for certification.

31  

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 1         (5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION

 2  COMPETENCE.--Acceptable means of demonstrating mastery of

 3  professional preparation and education competence are:

 4         (a)  Completion of an approved teacher preparation

 5  program at a postsecondary educational institution within this

 6  state and achievement of a passing score on the professional

 7  education competency examination required by state board rule;

 8         (b)  Completion of a teacher preparation program at a

 9  postsecondary educational institution outside Florida and

10  achievement of a passing score on the professional education

11  competency examination required by state board rule;

12         (c)  A valid professional standard teaching certificate

13  issued by another state that requires an examination of

14  mastery of professional education competence;

15         (d)  A valid standard teaching certificate issued by

16  another state and valid certificate issued by the National

17  Board for Professional Teaching Standards or other such

18  nationally recognized organization as determined by the State

19  Board of Education;

20         (e)  Documentation of two semesters of successful

21  teaching in a community college, state university, or private

22  college or university that awards an associate's or higher

23  degree and is an accredited institution or an institution of

24  higher education identified by the Department of Education as

25  having a quality program A valid standard teaching certificate

26  issued by another state and documentation of 2 years of

27  continuous successful full-time teaching or administrative

28  experience during the 5-year period immediately preceding the

29  date of application for certification;

30         (f)  Completion of professional preparation courses as

31  specified in state board rule, successful completion of a

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 1  professional education competence demonstration program

 2  pursuant to paragraph (7)(b), and achievement of a passing

 3  score on the professional education competency examination

 4  required by state board rule; or

 5         (g)  Successful completion of a professional

 6  preparation alternative certification and education competency

 7  program, outlined in paragraph (7)(a).

 8         Section 18.  Subsection (1) of section 1012.57, Florida

 9  Statutes, is amended to read:

10         1012.57  Certification of adjunct educators.--

11         (1)  Notwithstanding the provisions of ss. 1012.32,

12  1012.55, and 1012.56, or any other provision of law or rule to

13  the contrary, district school boards shall adopt rules to

14  allow for the issuance of may issue an adjunct teaching

15  certificate to any applicant who fulfills the requirements of

16  s. 1012.56(2)(a)-(f) and who has expertise in the subject area

17  to be taught. An applicant shall be considered to have

18  expertise in the subject area to be taught if the applicant

19  has at least a major minor in the subject area or demonstrates

20  sufficient subject area mastery through passage of a subject

21  area test as determined by district school board policy. The

22  adjunct teaching certificate shall be used for part-time

23  teaching positions. The intent of this provision is to allow

24  school districts to tap the wealth of talent and expertise

25  represented in Florida's citizens who may wish to teach

26  part-time in a Florida public school by permitting school

27  districts to issue adjunct certificates. Adjunct

28  certificateholders should be used as a strategy to reduce the

29  teacher shortage; thus, adjunct certificateholders should

30  supplement a school's instructional staff, not supplant it.

31  Each school principal shall assign an experienced peer mentor

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 1  to assist the adjunct teaching certificateholder during the

 2  certificateholder's first year of teaching, and an adjunct

 3  certificateholder may participate in a district's new teacher

 4  training program. District school boards shall provide the

 5  adjunct teaching certificateholder an orientation in classroom

 6  management prior to assigning the certificateholder to a

 7  school. Each adjunct teaching certificate is valid for 5

 8  school years and is renewable if:

 9         (a)  The applicant completes a minimum of 60 inservice

10  points or 3 semester hours of college credit. The earned

11  credits must include instruction in classroom management,

12  district school board procedures, school culture, and other

13  activities that enhance the professional teaching skills of

14  the certificateholder.

15         (b)  The applicant has received satisfactory

16  performance evaluations during each year of teaching under

17  adjunct teaching certification.

18         Section 19.  Subsection (13) is added to section

19  1013.03, Florida Statutes, to read:

20         1013.03  Functions of the department.--The functions of

21  the Department of Education as it pertains to educational

22  facilities shall include, but not be limited to, the

23  following:

24         (13)  By October 1, 2003, review all rules related to

25  school construction to identify requirements that are

26  outdated, obsolete, unnecessary, or otherwise could be amended

27  in order to provide additional flexibility to school districts

28  to comply with the constitutional class size maximum described

29  in s. 1003.03(1) and make recommendations concerning such

30  rules to the State Board of Education. The State Board of

31  

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 1  Education shall act on such recommendations by December 31,

 2  2003.

 3         Section 20.  Paragraph (d) is added to subsection (1)

 4  of section 1013.31, Florida Statutes, to read:

 5         1013.31  Educational plant survey; localized need

 6  assessment; PECO project funding.--

 7         (1)  At least every 5 years, each board shall arrange

 8  for an educational plant survey, to aid in formulating plans

 9  for housing the educational program and student population,

10  faculty, administrators, staff, and auxiliary and ancillary

11  services of the district or campus, including consideration of

12  the local comprehensive plan. The Office of Workforce and

13  Economic Development shall document the need for additional

14  career and adult education programs and the continuation of

15  existing programs before facility construction or renovation

16  related to career or adult education may be included in the

17  educational plant survey of a school district or community

18  college that delivers career or adult education programs.

19  Information used by the Office of Workforce and Economic

20  Development to establish facility needs must include, but need

21  not be limited to, labor market data, needs analysis, and

22  information submitted by the school district or community

23  college.

24         (d)  Periodic update of Florida Inventory of School

25  Houses.--School districts shall periodically update their

26  inventory of educational facilities as new capacity becomes

27  available and as unsatisfactory space is eliminated. The State

28  Board of Education shall adopt rules to determine the

29  timeframe in which districts must provide a periodic update.

30  

31  

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 1         Section 21.  Paragraph (h) of subsection (2) and

 2  subsection (3) of section 1002.37, Florida Statutes, are

 3  amended to read:

 4         1002.37  The Florida Virtual School.--

 5         (2)  The Florida Virtual School shall be governed by a

 6  board of trustees comprised of seven members appointed by the

 7  Governor to 4-year staggered terms.  The board of trustees

 8  shall be a public agency entitled to sovereign immunity

 9  pursuant to s. 768.28, and board members shall be public

10  officers who shall bear fiduciary responsibility for the

11  Florida Virtual School. The board of trustees shall have the

12  following powers and duties:

13         (h)  The board of trustees shall annually submit to the

14  State Board of Education both forecasted and actual

15  enrollments and credit completions for the Florida Virtual

16  School, according to procedures established by the State Board

17  of Education. At a minimum, such procedures must include the

18  number of public, private, and home education students served

19  by program and by county of residence district.

20  

21  The Governor shall designate the initial chair of the board of

22  trustees to serve a term of 4 years. Members of the board of

23  trustees shall serve without compensation, but may be

24  reimbursed for per diem and travel expenses pursuant to s.

25  112.061. The board of trustees shall be a body corporate with

26  all the powers of a body corporate and such authority as is

27  needed for the proper operation and improvement of the Florida

28  Virtual School. The board of trustees is specifically

29  authorized to adopt rules, policies, and procedures,

30  consistent with law and rules of the State Board of Education

31  related to governance, personnel, budget and finance,

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 1  administration, programs, curriculum and instruction, travel

 2  and purchasing, technology, students, contracts and grants,

 3  and property as necessary for optimal, efficient operation of

 4  the Florida Virtual School. Tangible personal property owned

 5  by the board of trustees shall be subject to the provisions of

 6  chapter 273.

 7         (3)  Funding for the Florida Virtual School shall be

 8  provided as follows:

 9         (a)  A "full-time equivalent student" for the Florida

10  Virtual School is one student who has successfully completed

11  six credits that shall count toward the minimum number of

12  credits required for high school graduation. A student who

13  completes less than six credits shall be a fraction of a

14  full-time equivalent student. Half credit completions shall be

15  included in determining a full-time equivalent student. Credit

16  completed by a student in excess of the minimum required for

17  that student for high school graduation is not eligible for

18  funding.

19         (b)  Full-time equivalent student credit completed

20  through the Florida Virtual School, including credits

21  completed during the summer, shall be reported to the

22  Department of Education in the manner prescribed by the

23  department and shall be funded through the Florida Education

24  Finance Program.

25         (c)  School districts may not limit student access to

26  courses offered through the Florida Virtual School.

27         (d)  Full-time equivalent student credit completion for

28  courses offered through the Florida Virtual School shall be

29  reported only by the Florida Virtual School. School districts

30  shall report full-time equivalent student membership only for

31  courses for which the district provides the instruction.

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 1         (e)  The district cost differential as provided in s.

 2  1011.62(2) shall be established as 1.000.

 3         (f)  The school shall receive funds for operating

 4  purposes in an amount determined as follows: multiply the

 5  maximum allowable nonvoted discretionary millage for

 6  operations pursuant to s. 1011.71(1) by the value of 95

 7  percent of the current year's taxable value for school

 8  purposes for the state; divide the result by the total

 9  full-time equivalent membership of the state; and multiply the

10  result by the full-time equivalent membership of the school.

11  The amount thus obtained shall be discretionary operating

12  funds and shall be appropriated from state funds in the

13  General Appropriations Act.

14         (g)  Additional state funds as may be provided in the

15  General Appropriations Act.

16         (h)  In addition to the funds provided in the General

17  Appropriations Act, the school may receive other funds from

18  grants and donations.

19         (3)(a)  Until fiscal year 2003-2004, the Commissioner

20  of Education shall include the Florida Virtual School as a

21  grant-in-aid appropriation in the department's legislative

22  budget request to the State Board of Education, the Governor,

23  and the Legislature, subject to any guidelines imposed in the

24  General Appropriations Act.

25         (b)  The Orange County District School Board shall be

26  the temporary fiscal agent of the Florida Virtual School.

27         Section 22.  Paragraph (c) of subsection (1) of section

28  1011.61, Florida Statutes, is amended to read:

29         1011.61  Definitions.--Notwithstanding the provisions

30  of s. 1000.21, the following terms are defined as follows for

31  the purposes of the Florida Education Finance Program:

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 1         (1)  A "full-time equivalent student" in each program

 2  of the district is defined in terms of full-time students and

 3  part-time students as follows:

 4         (c)1.  A "full-time equivalent student" is:

 5         a.  A full-time student in any one of the programs

 6  listed in s. 1011.62(1)(c); or

 7         b.  A combination of full-time or part-time students in

 8  any one of the programs listed in s. 1011.62(1)(c) which is

 9  the equivalent of one full-time student based on the following

10  calculations:

11         (I)  A full-time student, except a postsecondary or

12  adult student or a senior high school student enrolled in

13  adult education when such courses are required for high school

14  graduation, in a combination of programs listed in s.

15  1011.62(1)(c) shall be a fraction of a full-time equivalent

16  membership in each special program equal to the number of net

17  hours per school year for which he or she is a member, divided

18  by the appropriate number of hours set forth in subparagraph

19  (a)1. or subparagraph (a)2. The difference between that

20  fraction or sum of fractions and the maximum value as set

21  forth in subsection (4) for each full-time student is presumed

22  to be the balance of the student's time not spent in such

23  special education programs and shall be recorded as time in

24  the appropriate basic program.

25         (II)  A prekindergarten handicapped student shall meet

26  the requirements specified for kindergarten students.

27         (III)  A Florida Virtual School full-time student shall

28  consist of six full credit completions in the programs listed

29  in s. 1011.62(1)(c)1. and 4. Credit completions can be a

30  combination of either full or half credit.

31  

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 1         2.  A student in membership in a program scheduled for

 2  more or less than 180 school days is a fraction of a full-time

 3  equivalent membership equal to the number of instructional

 4  hours in membership divided by the appropriate number of hours

 5  set forth in subparagraph (a)1.; however, for the purposes of

 6  this subparagraph, membership in programs scheduled for more

 7  than 180 days is limited to students enrolled in juvenile

 8  justice education programs and the Florida Virtual School.

 9  

10  The department shall determine and implement an equitable

11  method of equivalent funding for experimental schools and for

12  schools operating under emergency conditions, which schools

13  have been approved by the department to operate for less than

14  the minimum school day.

15         Section 23.  Florida Business and Education in School

16  Together (Florida BEST) Program.--

17         (1)  In order to increase business partnerships in

18  education, to reduce school and classroom overcrowding

19  throughout the state, and to offset the high costs of

20  educational facilities construction, the Legislature intends

21  to encourage the formation of partnerships between business

22  and education by creating the Florida Business and Education

23  in School Together (Florida BEST) Program.

24         (2)  Each school board shall through advertisements in

25  local media and other means request proposals from area

26  businesses to allow the operation of a business and education

27  partnership school in facilities owned or operated by the

28  business.

29         (3)  Each school district shall establish a Florida

30  BEST school evaluation committee.

31  

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 1         (a)  The committee shall be appointed by the school

 2  board and be composed of one school district administrator, at

 3  least one member of the business community, and at least one

 4  member of a local chamber of commerce.

 5         (b)  The committee shall evaluate the feasibility of

 6  each proposal, including the operating cost, number of

 7  students to be served, proposed student-to-teacher ratio,

 8  proposed number of years the satellite school would operate,

 9  and any other operational or facilities considerations the

10  school board or committee deems appropriate.

11         (c)  The committee shall recommend to the school board

12  those proposals for satellite schools the committee deems

13  viable and worthy of being established. The school board must

14  take official action on the recommendation of the committee

15  within 60 days after receipt of the recommendation.

16         (4)  A "Florida Business and Education in School

17  Together (Florida BEST) school" is defined as a public school

18  offering instruction to students from kindergarten through

19  third grade. The school may offer instruction in any single

20  grade level or for multiple grade levels. Florida BEST schools

21  shall comply with the constitutional class size requirements.

22         (a)  First priority for admission of students to the

23  Florida BEST school shall be given to the children of owners

24  and employees of the host business. If additional student

25  capacity remains after those children are admitted, the host

26  business may choose which other neighboring businesses may

27  also participate to generate a viable number of students for

28  the school. The school board shall make the necessary

29  arrangements to accommodate students from other school

30  districts whose parents are associated with the host business

31  or business partners.

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 1         (b)  Parents shall be responsible for providing

 2  transportation to and from school for the students.

 3         (5)  A multiyear contract for operation of the Florida

 4  BEST school may be entered into between the school district

 5  and the host business. The contract must at least include

 6  provisions relating to any cost of facilities modifications,

 7  provide for the assignment or waiver of appropriate insurance

 8  costs, specify the number of students expected to be served,

 9  provide grounds for canceling the lease, and specify the

10  advance notice required before the school may be closed.

11         (a)  The school board shall be responsible for

12  providing the appropriate instructional, support, and

13  administrative staff and textbooks, materials, and supplies.

14  The school district may also agree to operate or contract for

15  the operation of a before school and after school program

16  using the donated facilities.

17         (b)  The host business shall provide the appropriate

18  types of space for operating the school. If special

19  facilities, such as restrooms or dining, recreational, or

20  other areas are required, the district may contribute a part

21  of the cost of the construction, remodeling, or renovation for

22  such facilities from capital outlay funds of the district. A

23  multiyear lease for operation of the facility must be agreed

24  to if the school district contributes to the cost of such

25  construction.

26         Section 24.  Notwithstanding any local government

27  ordinance or regulation, any business or corporation may

28  expand the square footage or floor area of its current or

29  proposed facility to accommodate a Florida Business and

30  Education in School Together (Florida BEST) school. Facilities

31  constructed to house a Florida BEST school must comply with

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 1  the State Uniform Building Code for Educational Facilities

 2  Construction adopted pursuant to section 1013.37, Florida

 3  Statutes, and must meet state and local health, environmental,

 4  and safety laws and codes.

 5         Section 25.  Subsection (13) of section 1002.33,

 6  Florida Statutes, as created by section 98 of ch. 2002-387,

 7  Laws of Florida; section 1012.41, Florida Statutes, as created

 8  by section 716 of chapter 2002-387, Laws of Florida; and

 9  section 1013.43, Florida Statutes, as created by section 842

10  of chapter 2002-387, Laws of Florida, are repealed.

11         Section 26.  Subsection (13) is added to section

12  216.292, Florida Statutes, to read:

13         216.292  Appropriations nontransferable; exceptions.--

14         (13)  The Executive Office of the Governor shall

15  transfer funds from appropriations for public school

16  operations to a fixed capital outlay appropriation for class

17  size reduction based on recommendations of the Florida

18  Education Finance Program Appropriation Allocation Conference

19  pursuant to s. 1003.03(4)(a). This subsection is subject to

20  the notice and review provisions of s. 216.177.

21         Section 27.  If any provision of this act or its

22  application to any person or circumstance is held invalid, the

23  invalidity does not affect other provisions or applications of

24  the act which can be given effect without the invalid

25  provision or application, and to this end the provisions of

26  this act are severable.

27         Section 28.  Except as otherwise expressly provided in

28  this act, this act shall take effect July 1, 2003, and the

29  changes effected by this act to the Deferred Retirement Option

30  Program shall take effect June 1, 2003.

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS/SB 1436 and CS/1646

 3                                 

 4  The committee substitute combines provisions from CS for SB
    1436 and CS for SB 1646, adds a provision relating to
 5  accountability, removes all provisions relating to changing in
    rates of certain taxes, and deletes all provisions containing
 6  appropriations for the Public Education Capital Outlay Trust
    Fund.
 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

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CODING: Words stricken are deletions; words underlined are additions.