HB 1747 2003
1	A bill to be entitled
2	An act relating to career education nomenclature; amending
3	ss. 20.18, 112.19, 112.191, 112.1915, 238.01, 250.10,
4	288.047, 288.9511, 295.02, 295.125, 339.0805, 364.508,
5	376.0705, 380.0651, 402.305, 402.3051, 403.716, 414.0252,
6	420.0004, 420.524, 420.602, 440.16, 443.231, 445.003,
7	445.004, 445.009, 445.012, 445.0123, 445.024, 445.049,
8	446.011, 446.052, 446.22, 475.17, 475.451, 475.617,
9	475.627, 494.0029, 509.302, 553.841, 790.06, 790.115,
10	810.095, 943.14, 958.12, 985.315, 1000.04, 1000.05,
11	1001.42, 1001.44, 1001.452, 1001.453, 1001.64, 1002.01,
12	1002.20, 1002.22, 1002.34, 1002.42, 1003.01, 1003.02,
13	1003.43, 1003.47, 1003.491, 1003.51, 1003.52, 1004.02,
14	1004.07, 1004.54, 1004.65, 1004.73, 1004.91, 1004.92,
15	1004.93, 1004.98, 1005.21, 1006.035, 1006.051, 1006.21,
16	1006.31, 1007.21, 1007.23, 1007.24, 1007.25, 1007.27,
17	1007.271, 1008.37, 1008.385, 1008.405, 1008.41, 1008.42,
18	1008.43, 1008.45, 1009.22, 1009.25, 1009.40, 1009.532,
19	1009.533, 1009.536, 1009.55, 1009.61, 1009.64, 1009.98,
20	1010.20, 1010.58, 1011.62, 1011.68, 1011.80, 1011.83,
21	1012.01, 1012.39, 1012.41, 1012.43, 1013.03, 1013.31,
22	1013.64, and 1013.75, F.S.; changing terminology relating
23	to vocational and technical education to career education;
24	changing terminology relating to workforce education;
25	providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Paragraph (a) of subsection (4) of section
30	20.18, Florida Statutes, is amended to read:
31	20.18 Department of Community Affairs.--There is created a
32	Department of Community Affairs.
33	(4) In addition to its other powers, duties, and
34	functions, the department shall, under the general supervision
35	of the secretary and the Interdepartmental Coordinating Council
36	on Community Services, assist and encourage the development of
37	state programs by the various departments for the productive use
38	of human resources, and the department shall work with other
39	state agencies in order that together they might:
40	(a) Effect the coordination, by the responsible agencies
41	of the state, of the careervocational, technical,and adult
42	educational programs of the state in order to provide the
43	maximum use and meaningful employment of persons completing
44	courses of study from such programs;
45	Section 2. Subsection (3) of section 112.19, Florida
46	Statutes, is amended to read:
47	112.19 Law enforcement, correctional, and correctional
48	probation officers; death benefits.--
49	(3) If a law enforcement, correctional, or correctional
50	probation officer is accidentally killed as specified in
51	paragraph (2)(b) on or after June 22, 1990, or unlawfully and
52	intentionally killed as specified in paragraph (2)(c) on or
53	after July 1, 1980, the state shall waive certain educational
54	expenses that the child or spouse of the deceased officer incurs
55	while obtaining a careervocational-technicalcertificate, an
56	undergraduate education, or a postgraduate education. The amount
57	waived by the state shall be an amount equal to the cost of
58	tuition and matriculation and registration fees for a total of
59	120 credit hours. The child or spouse may attend a state career
60	institutevocational-technical school, a state community
61	college, or a state university. The child or spouse may attend
62	any or all of the institutions specified in this subsection, on
63	either a full-time or part-time basis. The benefits provided to
64	a child under this subsection shall continue until the child's
65	25th birthday. The benefits provided to a spouse under this
66	subsection must commence within 5 years after the death occurs,
67	and entitlement thereto shall continue until the 10th
68	anniversary of that death.
69	(a) Upon failure of any child or spouse benefited by the
70	provisions of this subsection to comply with the ordinary and
71	minimum requirements of the institution attended, both as to
72	discipline and scholarship, the benefits shall be withdrawn as
73	to the child or spouse and no further moneys may be expended for
74	the child's or spouse's benefits so long as such failure or
75	delinquency continues.
76	(b) Only a student in good standing in his or her
77	respective institution may receive the benefits thereof.
78	(c) A child or spouse receiving benefits under this
79	subsection must be enrolled according to the customary rules and
80	requirements of the institution attended.
81	Section 3. Subsection (3) of section 112.191, Florida
82	Statutes, is amended to read:
83	112.191 Firefighters; death benefits.--
84	(3) If a firefighter is accidentally killed as specified
85	in paragraph (2)(b) on or after June 22, 1990, or unlawfully and
86	intentionally killed as specified in paragraph (2)(c), on or
87	after July 1, 1980, the state shall waive certain educational
88	expenses that the child or spouse of the deceased firefighter
89	incurs while obtaining a careervocational-technical
90	certificate, an undergraduate education, or a postgraduate
91	education. The amount waived by the state shall be an amount
92	equal to the cost of tuition and matriculation and registration
93	fees for a total of 120 credit hours. The child or spouse may
94	attend a state career institutevocational-technical school, a
95	state community college, or a state university. The child or
96	spouse may attend any or all of the institutions specified in
97	this subsection, on either a full-time or part-time basis. The
98	benefits provided to a child under this subsection shall
99	continue until the child's 25th birthday. The benefits provided
100	to a spouse under this subsection must commence within 5 years
101	after the death occurs, and entitlement thereto shall continue
102	until the 10th anniversary of that death.
103	(a) Upon failure of any child or spouse benefited by the
104	provisions of this subsection to comply with the ordinary and
105	minimum requirements of the institution attended, both as to
106	discipline and scholarship, the benefits thereof shall be
107	withdrawn as to the child or spouse and no further moneys
108	expended for the child's or spouse's benefits so long as such
109	failure or delinquency continues.
110	(b) Only students in good standing in their respective
111	institutions shall receive the benefits thereof.
112	(c) A child or spouse receiving benefits under this
113	subsection must be enrolled according to the customary rules and
114	requirements of the institution attended.
115	Section 4. Paragraph (d) of subsection (3) of section
116	112.1915, Florida Statutes, is amended to read:
117	112.1915 Teachers and school administrators; death
118	benefits.--Any other provision of law to the contrary
119	notwithstanding:
120	(3) If a teacher or school administrator dies under the
121	conditions in subsection (2), benefits shall be provided as
122	follows:
123	(d) Waiver of certain educational expenses which children
124	of the deceased teacher or school administrator incur while
125	obtaining a careervocational-technicalcertificate or an
126	undergraduate education shall be according to conditions set
127	forth in this paragraph. The amount waived by the state shall be
128	an amount equal to the cost of tuition and matriculation and
129	registration fees for a total of 120 credit hours at a
130	university. The child may attend a state career institute
131	vocational-technical school, a state community college, or a
132	state university. The child may attend any or all of the
133	institutions specified in this paragraph, on either a full-time
134	or part-time basis. The benefits provided under this paragraph
135	shall continue to the child until the child's 25th birthday.
136	1. Upon failure of any child benefited by the provisions
137	of this paragraph to comply with the ordinary and minimum
138	requirements of the institution attended, both as to discipline
139	and scholarship, the benefits shall be withdrawn as to the child
140	and no further moneys may be expended for the child's benefits
141	so long as such failure or delinquency continues.
142	2. A student who becomes eligible for benefits under the
143	provisions of this paragraph while enrolled in an institution
144	must be in good standing with the institution to receive the
145	benefits provided herein.
146	3. A child receiving benefits under this paragraph must be
147	enrolled according to the customary rules and requirements of
148	the institution attended.
149	Section 5. Subsection (3) of section 238.01, Florida
150	Statutes, is amended to read:
151	238.01 Definitions.--The following words and phrases as
152	used in this chapter shall have the following meanings unless a
153	different meaning is plainly required by the context:
154	(3) "Teacher" means any member of the teaching or
155	professional staff and any certificated employee of any public
156	free school, of any district school system and career institute
157	vocational school, any member of the teaching or professional
158	staff of the Florida School for the Deaf and Blind, child
159	training schools of the Department of Juvenile Justice, the
160	Department of Corrections, and any tax-supported institution of
161	higher learning of the state, and any member and any certified
162	employee of the Department of Education, any certified employee
163	of the retirement system, any full-time employee of any
164	nonprofit professional association or corporation of teachers
165	functioning in Florida on a statewide basis, which seeks to
166	protect and improve public school opportunities for children and
167	advance the professional and welfare status of its members, any
168	person now serving as superintendent, or who was serving as
169	county superintendent of public instruction on July 1, 1939, and
170	any hereafter duly elected or appointed superintendent, who
171	holds a valid Florida teachers' certificate. In all cases of
172	doubt the Department of Management Services shall determine
173	whether any person is a teacher as defined herein.
174	Section 6. Paragraph (c) of subsection (7) of section
175	250.10, Florida Statutes, is amended to read:
176	250.10 Appointment and duties of the Adjutant General.--
177	(7) The Adjutant General and representatives of the Board
178	of Regents, the State Board of Community Colleges, and the State
179	Board of Education shall design and develop a tuition assistance
180	program for members in good standing of the active Florida
181	National Guard who enroll in a public institution of higher
182	learning in the state in accordance with the provisions of
183	subsection (8).
184	(c) The program shall define those members of the active
185	Florida National Guard ineligible to participate in the program
186	and those courses of study not authorized for the program.
187	1. Such members shall include, but not be limited to:
188	a. Any member, commissioned officer or warrant officer or
189	enlisted person, who has a baccalaureate degree.
190	b. Any member who has 15 years or more of total military
191	service creditable toward retirement.
192	c. Any member who has not completed basic military
193	training.
194	2. Courses not authorized include noncredit courses,
195	courses which do not meet degree requirements, or courses which
196	do not meet requirements for completion of careervocational-
197	technicaltraining.
198	Section 7. Subsection (3) of section 288.047, Florida
199	Statutes, is amended to read:
200	288.047 Quick-response training for economic
201	development.--
202	(3) Requests for funding through the Quick-Response
203	Training Program may be produced through inquiries from a
204	specific business or industry, inquiries from a school district
205	director of career education or community college occupational
206	dean on behalf of a business or industry, or through official
207	state or local economic development efforts. In allocating funds
208	for the purposes of the program, Workforce Florida, Inc., shall
209	establish criteria for approval of requests for funding and
210	shall select the entity that provides the most efficient, cost-
211	effective instruction meeting such criteria. Program funds may
212	be allocated to any career institutearea technical center,
213	community college, or state university. Program funds may be
214	allocated to private postsecondary institutions only upon a
215	review that includes, but is not limited to, accreditation and
216	licensure documentation and prior approval by Workforce Florida,
217	Inc. Instruction funded through the program must terminate when
218	participants demonstrate competence at the level specified in
219	the request; however, the grant term may not exceed 24 months.
220	Costs and expenditures for the Quick-Response Training Program
221	must be documented and separated from those incurred by the
222	training provider.
223	Section 8. Subsection (1) of section 288.9511, Florida
224	Statutes, is amended to read:
225	288.9511 Definitions.--As used in ss. 288.9511-288.9517,
226	the term:
227	(1) "Educational institutions" means Florida career
228	technical institutes and vocational schools,and public and
229	private community colleges, colleges, and universities in the
230	state.
231	Section 9. Section 295.02, Florida Statutes, is amended to
232	read:
233	295.02 Use of funds; age, etc.--All sums appropriated and
234	expended under this chapter shall be used to pay tuition and
235	registration fees, board, and room rent and to buy books and
236	supplies for the children of deceased or disabled veterans or
237	service members, as defined and limited in s. 295.01, s.
238	295.016, s. 295.017, s. 295.018, or s. 295.0195, or of parents
239	classified as prisoners of war or missing in action, as defined
240	and limited in s. 295.015, who are between the ages of 16 and 22
241	years and who are in attendance at a state-supported institution
242	of higher learning, including a community college or career
243	institute vocational-technical school. Any child having entered
244	upon a course of training or education under the provisions of
245	this chapter, consisting of a course of not more than 4 years,
246	and arriving at the age of 22 years before the completion of
247	such course may continue the course and receive all benefits of
248	the provisions of this chapter until the course is completed.
249	The Department of Education shall administer this educational
250	program subject to regulations of the department.
251	Section 10. Subsections (1) and (2) of section 295.125,
252	Florida Statutes, are amended to read:
253	295.125 Preference for admission to careervocational
254	training.--
255	(1) It is the intent of the Legislature through enactment
256	of this section to assist returning veterans of the Southeast
257	Asian conflict to train themselves for a civilian future.
258	Although the provisions of this section apply only to state-
259	supported career institutevocational-technicalfacilities and
260	programs, it is the further intent of the Legislature to
261	encourage privately supported career institutesvocational-
262	technical schools and centersto join with the state in
263	assisting our returning veterans by providing preferences for
264	them in admission procedures and standards.
265	(2) In determining order of admission or acceptance for
266	students, every career institutevocational training center,
267	vocational-technical school, or careervocationalprogram which
268	receives state funding or support shall give preference as
269	provided in subsection (3) to a person who served in the Armed
270	Forces of the United States at any time during the Vietnam Era,
271	as defined in s. 1.01(14), and who has been separated therefrom
272	under honorable conditions, if such person's enrollment is
273	directly related to his or her present employment or to his or
274	her securing employment.
275	Section 11. Paragraph (d) of subsection (3) of section
276	339.0805, Florida Statutes, is amended to read:
277	339.0805 Funds to be expended with certified disadvantaged
278	business enterprises; specified percentage to be expended;
279	construction management development program; bond guarantee
280	program.--It is the policy of the state to meaningfully assist
281	socially and economically disadvantaged business enterprises
282	through a program that will provide for the development of
283	skills through construction and business management training, as
284	well as by providing contracting opportunities and financial
285	assistance in the form of bond guarantees, to primarily remedy
286	the effects of past economic disparity.
287	(3) The head of the department is authorized to expend up
288	to 6 percent of the funds specified in subsection (1) which are
289	designated to be expended on small business firms owned and
290	controlled by socially and economically disadvantaged
291	individuals to conduct, by contract or otherwise, a construction
292	management development program. Participation in the program
293	will be limited to those firms which are certified under the
294	provisions of subsection (1) by the department or the federal
295	Small Business Administration or to any firm which has annual
296	gross receipts not exceeding $2 million averaged over a 3-year
297	period. The program will consist of classroom instruction and
298	on-the-job instruction. To the extent feasible, the registration
299	fee shall be set to cover the cost of instruction and overhead.
300	No salary will be paid to any participant.
301	(d) The department shall develop, under contract with the
302	State University System, the community college system, a school
303	district in behalf of its career institutevocational-technical
304	center, or a private consulting firm, a curriculum for
305	instruction in the courses that will lead to a certification of
306	proficiency in the construction management development program.
307	Section 12. Subsection (7) of section 364.508, Florida
308	Statutes, is amended to read:
309	364.508 Definitions.--As used in this part:
310	(7) "Eligible facilities" means all approved campuses and
311	instructional centers of all public universities, public
312	community colleges, career institutesarea technical centers,
313	public elementary schools, middle schools, and high schools,
314	including school administrative offices, public libraries,
315	teaching hospitals, the research institute described in s.
316	1004.43, and rural public hospitals as defined in s. 395.602. If
317	no rural public hospital exists in a community, the public
318	health clinic which is responsible for individuals before they
319	can be transferred to a regional hospital shall be considered
320	eligible.
321	Section 13. Section 376.0705, Florida Statutes, is amended
322	to read:
323	376.0705 Development of training programs and educational
324	materials.--The department shall encourage the development of
325	training programs for personnel needed for pollutant discharge
326	prevention and cleanup activities. The department shall work
327	with accredited community colleges, career institutes
328	vocational-technical centers, state universities, and private
329	institutions in developing educational materials, courses of
330	study, and other such information to be made available for
331	persons seeking to be trained for pollutant discharge prevention
332	and cleanup activities.
333	Section 14. Paragraph (k) of subsection (3) of section
334	380.0651, Florida Statutes, is amended to read:
335	380.0651 Statewide guidelines and standards.--
336	(3) The following statewide guidelines and standards shall
337	be applied in the manner described in s. 380.06(2) to determine
338	whether the following developments shall be required to undergo
339	development-of-regional-impact review:
340	(k) Schools.--
341	1. The proposed construction of any public, private, or
342	proprietary postsecondary educational campus which provides for
343	a design population of more than 5,000 full-time equivalent
344	students, or the proposed physical expansion of any public,
345	private, or proprietary postsecondary educational campus having
346	such a design population that would increase the population by
347	at least 20 percent of the design population.
348	2. As used in this paragraph, "full-time equivalent
349	student" means enrollment for 15 or more quarter hours during a
350	single academic semester. In career institutestechnical schools
351	or other institutions which do not employ semester hours or
352	quarter hours in accounting for student participation,
353	enrollment for 18 contact hours shall be considered equivalent
354	to one quarter hour, and enrollment for 27 contact hours shall
355	be considered equivalent to one semester hour.
356	3. This paragraph does not apply to institutions which are
357	the subject of a campus master plan adopted by the university
358	board of trustees pursuant to s. 1013.30.
359	Section 15. Paragraph (d) of subsection (2) of section
360	402.305, Florida Statutes, is amended to read:
361	402.305 Licensing standards; child care facilities.--
362	(2) PERSONNEL.--Minimum standards for child care personnel
363	shall include minimum requirements as to:
364	(d) Minimum training requirements for child care
365	personnel.
366	1. Such minimum standards for training shall ensure that
367	all child care personnel take an approved 40-clock-hour
368	introductory course in child care, which course covers at least
369	the following topic areas:
370	a. State and local rules and regulations which govern
371	child care.
372	b. Health, safety, and nutrition.
373	c. Identifying and reporting child abuse and neglect.
374	d. Child development, including typical and atypical
375	language, cognitive, motor, social, and self-help skills
376	development.
377	e. Observation of developmental behaviors, including using
378	a checklist or other similar observation tools and techniques to
379	determine the child's developmental age level.
380	f. Specialized areas, including computer technology for
381	professional and classroom use, as determined by the department,
382	for owner-operators and child care personnel of a child care
383	facility.
384
385	Within 90 days after employment, child care personnel shall
386	begin training to meet the training requirements. Child care
387	personnel shall successfully complete such training within 1
388	year after the date on which the training began, as evidenced by
389	passage of a competency examination. Successful completion of
390	the 40-clock-hour introductory course shall articulate into
391	community college credit in early childhood education, pursuant
392	to ss. 1007.24 and 1007.25. Exemption from all or a portion of
393	the required training shall be granted to child care personnel
394	based upon educational credentials or passage of competency
395	examinations. Child care personnel possessing a 2-year degree or
396	higher that includes 6 college credit hours in early childhood
397	development or child growth and development, or a child
398	development associate credential or an equivalent state-approved
399	child development associate credential, or a child development
400	associate waiver certificate shall be automatically exempted
401	from the training requirements in sub-subparagraphs b., d., and
402	e.
403	2. The introductory course in child care shall stress, to
404	the extent possible, an interdisciplinary approach to the study
405	of children.
406	3. On an annual basis in order to further their child care
407	skills and, if appropriate, administrative skills, child care
408	personnel who have fulfilled the requirements for the child care
409	training shall be required to take an additional approved 8
410	clock hours of inservice training or an equivalent as determined
411	by the department.
412	4. Procedures for ensuring the training of qualified child
413	care professionals to provide training of child care personnel,
414	including onsite training, shall be included in the minimum
415	standards. It is recommended that the state community child care
416	coordination agencies (central agencies) be contracted by the
417	department to coordinate such training when possible. Other
418	district educational resources, such as community colleges and
419	careervocational-technicalprograms, can be designated in such
420	areas where central agencies may not exist or are determined not
421	to have the capability to meet the coordination requirements set
422	forth by the department.
423	5. Training requirements shall not apply to certain
424	occasional or part-time support staff, including, but not
425	limited to, swimming instructors, piano teachers, dance
426	instructors, and gymnastics instructors.
427	6. The department shall evaluate or contract for an
428	evaluation for the general purpose of determining the status of
429	and means to improve staff training requirements and testing
430	procedures. The evaluation shall be conducted every 2 years. The
431	evaluation shall include, but not be limited to, determining the
432	availability, quality, scope, and sources of current staff
433	training; determining the need for specialty training; and
434	determining ways to increase inservice training and ways to
435	increase the accessibility, quality, and cost-effectiveness of
436	current and proposed staff training. The evaluation methodology
437	shall include a reliable and valid survey of child care
438	personnel.
439	7. The child care operator shall be required to take basic
440	training in serving children with disabilities within 5 years
441	after employment, either as a part of the introductory training
442	or the annual 8 hours of inservice training.
443	Section 16. Subsections (3) and (4) of section 402.3051,
444	Florida Statutes, are amended to read:
445	402.3051 Child care market rate reimbursement; child care
446	grants.--
447	(3) The department may provide child care grants to
448	central agencies, community colleges, and career
449	vocational/technicalprograms for the purpose of providing
450	support and technical assistance to licensed child care
451	providers.
452	(4) The department may use the state community child care
453	coordination agencies (central agencies), community colleges,
454	and careervocational/technicalprograms to implement this
455	section.
456	Section 17. Subsection (2) of section 403.716, Florida
457	Statutes, is amended to read:
458	403.716 Training of operators of solid waste management
459	and other facilities.--
460	(2) The department shall work with accredited community
461	colleges, career institutesvocational-technical centers, state
462	universities, and private institutions in developing educational
463	materials, courses of study, and other such information to be
464	made available for persons seeking to be trained as operators of
465	solid waste management facilities.
466	Section 18. Subsection (8) of section 414.0252, Florida
467	Statutes, is amended to read:
468	414.0252 Definitions.--As used in ss. 414.025-414.55, the
469	term:
470	(8) "Minor child" means a child under 18 years of age, or
471	under 19 years of age if the child is a full-time student in a
472	secondary school or at the equivalent level of careervocational
473	or technicaltraining, and does not include anyone who is
474	married or divorced.
475	Section 19. Subsection (11) of section 420.0004, Florida
476	Statutes, is amended to read:
477	420.0004 Definitions.--As used in this part, unless the
478	context otherwise indicates:
479	(11) "Student" means any person not living with his or her
480	parent or guardian who is eligible to be claimed by his or her
481	parent or guardian as a dependent under the federal income tax
482	code and who is enrolled on at least a half-time basis in a
483	secondary school, career institutevocational-technical center,
484	community college, college, or university.
485	Section 20. Subsection (5) of section 420.524, Florida
486	Statutes, is amended to read:
487	420.524 Definitions relating to Predevelopment Loan
488	Program Act.--For the purpose of ss. 420.521-420.529, the term:
489	(5) "Student" means any person not living with that
490	person's parent or guardian who is eligible to be claimed by
491	that person's parent or guardian as a dependent under the
492	federal income tax code and who is enrolled on at least a half-
493	time basis in a secondary school, career institutevocational-
494	technical center, community college, college, or university. The
495	term does not include a person participating in an educational
496	or training program approved by the corporation.
497	Section 21. Subsection (11) of section 420.602, Florida
498	Statutes, is amended to read:
499	420.602 Definitions.--As used in this part, the following
500	terms shall have the following meanings, unless the context
501	otherwise requires:
502	(11) "Student" means any person not living with his or her
503	parent or guardian who is eligible to be claimed by his or her
504	parent or guardian as a dependent under the federal income tax
505	code and who is enrolled on at least a half-time basis in a
506	secondary school, career institutevocational-technical center,
507	community college, college, or university.
508	Section 22. Paragraph (c) of subsection (1) of section
509	440.16, Florida Statutes, is amended to read:
510	440.16 Compensation for death.--
511	(1) If death results from the accident within 1 year
512	thereafter or follows continuous disability and results from the
513	accident within 5 years thereafter, the employer shall pay:
514	(c) To the surviving spouse, payment of postsecondary
515	student fees for instruction at any career institutearea
516	technical centerestablished under s. 1001.44 for up to 1,800
517	classroom hours or payment of student fees at any community
518	college established under part III of chapter 1004 for up to 80
519	semester hours. The spouse of a deceased state employee shall be
520	entitled to a full waiver of such fees as provided in ss.
521	1009.22 and 1009.23 in lieu of the payment of such fees. The
522	benefits provided for in this paragraph shall be in addition to
523	other benefits provided for in this section and shall terminate
524	7 years after the death of the deceased employee, or when the
525	total payment in eligible compensation under paragraph (b) has
526	been received. To qualify for the educational benefit under this
527	paragraph, the spouse shall be required to meet and maintain the
528	regular admission requirements of, and be registered at, such
529	career institutearea technical centeror community college, and
530	make satisfactory academic progress as defined by the
531	educational institution in which the student is enrolled.
532	Section 23. Section 443.231, Florida Statutes, is amended
533	to read:
534	443.231 Florida Training Investment Program.--The Florida
535	Training Investment Program is designed to extend additional
536	benefit eligibility to dislocated workers throughout Florida who
537	have lost their jobs, have limited marketable skills, and enroll
538	in careervocationaltraining intended to lead to employment in
539	a recognized occupation for which there is labor market demand.
540	Pursuant thereto:
541	(1) INTENT.--The Legislature hereby finds and declares
542	that international competition and rapidly changing technologies
543	have led to major changes in the nature of unemployment in the
544	United States. Industries and associated occupations are made
545	obsolete, while others emerge and grow rapidly. This has led to
546	a mismatch between the skills of available workers and the
547	requirements of the new workplace, a condition known as
548	structural unemployment. Affected workers often cannot be
549	retrained for a different occupation before their normal
550	unemployment benefits are exhausted. The Legislature finds that
551	this revolution in the workplace calls for an intervention
552	strategy which combines wage loss replacement with retraining in
553	a currently marketable skill.
554	(2) DEFINITIONS.--As used in this section:
555	(a) "Approved break" means an interruption of authorized
556	training, scheduled by the authorized training institution,
557	between school terms or during holidays that does not exceed 3
558	calendar weeks.
559	(b) "Authorized training" means training which meets the
560	following criteria:
561	1. Claimant must possess the aptitude and skills that can
562	be usefully supplemented by training.
563	2. The labor market demands for the claimant's present
564	skills must be minimal.
565	3. The training programs in career institutesvocational
566	or technical schoolsor classes must be designed to prepare the
567	participant for gainful employment in a recognized occupation.
568	Authorized training shall consist of a practical curriculum for
569	development of vocational, rather than avocational, skills. The
570	division may not approve as training programs, educational or
571	academic programs primarily intended to lead toward a
572	baccalaureate or higher degree. However, a basic education
573	program which is a prerequisite for skilled training or other
574	short-term, career-directedvocational-directedacademic courses
575	may be approved.
576	4. There must be reasonable expectations that the claimant
577	will be employable upon completion of the training in the area
578	of the state where the applicant expressed a willingness to
579	work.
580	5. The training course or school must be approved by the
581	Department of Education or other official government approving
582	agency within the state where the training is being conducted.
583	6. The division may approve training programs established
584	under s. 302 of the Job Training Partnership Act for claimants
585	who are dislocated workers.
586	(c) "Authorized training institution" means a career
587	vocational, technical,Workforce Investment ActJob Training
588	Partnership Act, or career-directedvocational-directedbasic
589	education program or training institution approved by the
590	division to provide authorized training to individuals
591	participating in the Florida Training Investment Program.
592	(d) "Dislocated worker" means an individual who has been
593	terminated or laid off or has received a notice of termination
594	or layoff from employment, who is eligible for, or has exhausted
595	his or her entitlement to, unemployment compensation and who is
596	unlikely to have an opportunity to return to his or her previous
597	industry or occupation, making a change in occupation necessary
598	for reemployment in the labor market area.
599	(e) "Enrollee" means an individual who is attending or has
600	been approved for admission by an authorized training
601	institution and is considered to be enrolled for the purposes of
602	the Florida Training Investment Program.
603	(f) "Exhausted claim" means a claim will be considered
604	exhausted when the Florida claim and all available extensions,
605	including those authorized under federal acts, have been
606	depleted or ended.
607	(g) "Fiscal year" means the period from July 1 through
608	June 30 of any year.
609	(h) "Stop-gap employment" means interim employment
610	undertaken by a program participant prior to initiation of
611	training, involving work of a lower skill level than the
612	participant's last adversely affected employment, and paying
613	average weekly wages no greater that 80 percent of the average
614	weekly wages received from the participant's last adversely
615	affected employment.
616	(i) "Subsistence allowance" means direct or indirect
617	payment to a participant made for a purpose not directly
618	associated with training under this section, including, but not
619	limited to, payment for routine living expenses such as room,
620	board, utilities, or general transportation costs. The term does
621	not include payment to a participant for dependents' allowances,
622	a one-time emergency payment, or payment or reimbursement for
623	the direct cost of training such as tuition, books, supplies,
624	tools, transportation to and from training, and child care
625	during the time spent in training.
626	(j) "Termination" means a separation from employment
627	whether initiated by the claimant or the employer.
628	(3) LIMITATIONS ON BENEFITS.--Applications will be
629	accepted and considered each fiscal year until all annual funds
630	have been obligated by the division, at which point no further
631	applications will be accepted or considered until the following
632	fiscal year. The total amount of benefits payable statewide
633	under this section shall not exceed $16.5 million per fiscal
634	year.
635	(4) ELIGIBILITY CRITERIA.--
636	(a) The applicant must be a dislocated worker who is
637	enrolled in authorized training on or after October 1, 1996, and
638	who has exhausted all benefits available in the benefit year.
639	The applicant must also have established a Florida unemployment
640	compensation claim with a benefit year beginning on or after
641	July 1, 1996.
642	(b) The applicant must also:
643	1. Complete such forms as required by the division. The
644	forms promulgated by the division are exempt from the
645	requirements of chapter 120.
646	2. Attend all classes for each week of benefits claimed.
647	Absences from class shall result in the ineligibility for
648	benefits for the week in which the absence occurs unless the
649	authorized training institution excuses the absence for good
650	cause as determined by the authorized training institution.
651	3. Maintain satisfactory progress in the authorized
652	training program, as determined by the authorized training
653	institution.
654	4. Certify, on forms approved by the division, that the
655	claimant attended all classes during the week of training being
656	claimed or that the claimant was on an approved break. Upon
657	request by the claimant, the authorized training institution
658	shall certify attendance and performance. The claimant shall be
659	responsible for timely furnishing the division with the required
660	certifications.
661	5. Possess the qualifications or aptitude required to
662	successfully complete the selected training program.
663	6. Be a resident of Florida.
664	(c) Eligibility for benefits to be paid to applicants
665	occurs on the later of the actual date the training activities
666	begin or the date the claimant exhausts eligibility for all
667	other Florida unemployment compensation and extended benefit
668	programs.
669	(d) Participation in an approved training program shall be
670	considered the equivalent of active work search for any
671	claimant.
672	(e) No dislocated worker who is otherwise eligible to
673	receive benefits under this section shall be disqualified solely
674	on the basis of termination of stop-gap employment to enter
675	approved training.
676	(f) No participant shall be eligible for benefits under
677	this section for any week with respect to which he or she
678	received a subsistence allowance.
679	(g) The training sought by an applicant relates to an
680	occupation or skill for which there are or are expected to be in
681	the immediate future reasonable opportunities for employment in
682	a labor market area of this state where the applicant expresses
683	an intention or willingness to seek work. The training must also
684	be planned and scheduled so as to lead to the earliest feasible
685	completion and readiness for employment or reemployment.
686	(h) That reasonable employment opportunities in
687	occupations for which the claimant is qualified either do not
688	exist or have been substantially diminished in the labor market
689	area making a change in occupation necessary for reemployment in
690	the labor market area. If the applicant has a skill in an
691	occupation with an average wage that is the same or more that
692	the average wage of the occupation from which the applicant is
693	displaced, that applicant will not be eligible for benefits if
694	there are reasonable employment opportunities in the local labor
695	market. The division may use labor market projections, in
696	conjunction with local job information data, to make a
697	determination of the existence of a reasonable employment
698	opportunity for an occupation.
699	(5) BENEFITS.--
700	(a) Any individual who is determined eligible to
701	participate in the program may receive up to an additional 26
702	weeks of unemployment benefits upon exhaustion of any
703	unemployment benefits to which he or she is or was entitled
704	under s. 443.111, or by virtue of federal act. The weekly
705	benefit amount shall be determined pursuant to s. 443.111(3)(a).
706	The weekly benefits amount for Florida Training Investment
707	Program claims will equal the weekly benefit amount of the
708	exhausted Florida unemployment compensation claim.
709	(b) The claimant shall be eligible for the receipt of
710	benefits, not to exceed 26 weeks under this program and
711	continuing until the earlier of the expiration of training or
712	the date the claimant becomes eligible for regular or extended
713	unemployment compensation benefits. Once the subsequent claim is
714	exhausted the claimant may return to the Florida Training
715	Investment Program if all eligibility requirements continue to
716	be met. Florida Training Investment Program payments will resume
717	at the initially established rate irrespective of any subsequent
718	weekly benefit amount.
719	(6) PROCEDURE.--
720	(a) Any dislocated worker may apply to receive benefits
721	under this section while enrolled in an approved course of
722	training pursuant to this section.
723	(b) Upon approval of an application the division shall
724	notify both the applicant and the training institution by mail
725	of the applicant's status under this section and shall request
726	the training institution to promptly notify the regular claims
727	reporting office in writing if the participant's attendance or
728	progress should become unsatisfactory.
729	(c) The division is required to notify applicants of the
730	determination of eligibility by mail at the claimant's last
731	known address. In addition to the initial approval or denial of
732	the applicant, the division shall make any further
733	determinations pursuant to s. 443.151(3) and rules 38B-3.016 and
734	38B-3.017, Florida Administrative Code.
735	(d) A determination or redetermination will become final
736	unless the claimant files, by mail or in person at the local
737	one-stop career center, an appeal of a determination or
738	redetermination within 20 calendar days after the mailing of the
739	Notice of Determination or Redetermination to the claimant's
740	last known address, or if such notice is not mailed, within 20
741	calendar days after the date of delivery of such notice. Appeals
742	by mail shall be considered filed when postmarked by the United
743	States Postal Service.
744	(7) EMPLOYERS NONCHARGED.--Benefits paid under this
745	section shall not be charged to the experience rating accounts
746	of employers.
747	(8) TERMINATION.--The Florida Training Investment Program
748	shall terminate on June 30, 2002. No benefits shall be paid
749	under this program to any dislocated worker for training that
750	occurs after June 30, 2002.
751	Section 24. Subsection (2) of section 445.003, Florida
752	Statutes, is amended to read:
753	445.003 Implementation of the federal Workforce Investment
754	Act of 1998.--
755	(2) FIVE-YEAR PLAN.--Workforce Florida, Inc., shall
756	prepare and submit a 5-year plan, which includes secondary
757	career vocationaleducation, to fulfill the early implementation
758	requirements of Pub. L. No. 105-220 and applicable state
759	statutes. Mandatory federal partners and optional federal
760	partners shall be fully involved in designing the plan's one-
761	stop delivery system strategy. The plan shall detail a process
762	to clearly define each program's statewide duties and role
763	relating to the system. Any optional federal partner may
764	immediately choose to fully integrate its program's plan with
765	this plan, which shall, notwithstanding any other state
766	provisions, fulfill all their state planning and reporting
767	requirements as they relate to the one-stop delivery system. The
768	plan shall detail a process that would fully integrate all
769	federally mandated and optional partners by the second year of
770	the plan. All optional federal program partners in the planning
771	process shall be mandatory participants in the second year of
772	the plan.
773	Section 25. Paragraphs (b) and (d) of subsection (6) of
774	section 445.004, Florida Statutes, are amended to read:
775	445.004 Workforce Florida, Inc.; creation; purpose;
776	membership; duties and powers.--
777	(6) Workforce Florida, Inc., may take action that it deems
778	necessary to achieve the purposes of this section, including,
779	but not limited to:
780	(b) Establishing policy direction for a funding system
781	that provides incentives to improve the outcomes of career
782	vocationaleducation programs, and of registered apprenticeship
783	and work-based learning programs, and that focuses resources on
784	occupations related to new or emerging industries that add
785	greatly to the value of the state's economy.
786	(d) Designating Institutes of Applied Technology composed
787	of public and private postsecondary institutions working
788	together with business and industry to ensure that career
789	technical andvocationaleducation programs use the most
790	advanced technology and instructional methods available and
791	respond to the changing needs of business and industry.
792	Section 26. Paragraph (f) of subsection (8) of section
793	445.009, Florida Statutes, is amended to read:
794	445.009 One-stop delivery system.--
795	(8)
796	(f) The accountability measures to be used in documenting
797	competencies acquired by the participant during training shall
798	be literacy completion points and occupational completion
799	points. Literacy completion points refers to the academic or
800	workforce readiness competencies that qualify a person for
801	further basic education, careervocationaleducation, or for
802	employment. Occupational completion points refers to the career
803	vocationalcompetencies that qualify a person to enter an
804	occupation that is linked to a careervocationalprogram.
805	Section 27. Subsections (5) and (9) of section 445.012,
806	Florida Statutes, are amended to read:
807	445.012 Careers for Florida's Future Incentive Grant
808	Program.--
809	(5) A recipient who is pursuing a baccalaureate degree
810	shall receive $100 for each lower-division credit hour in which
811	the student is enrolled at an eligible college or university, up
812	to a maximum of $1,500 per semester, and $200 for each upper-
813	division credit hour in which the student is enrolled at an
814	eligible college or university, up to a maximum of $3,000 per
815	semester. For purposes of this section, a student is pursuing a
816	baccalaureate degree if he or she is in a program that
817	articulates into a baccalaureate degree program by agreement of
818	the Articulation Coordinating Committee. A student in an applied
819	technology diploma program, a certificate career education
820	program, or a degree career education program that does not
821	articulate into a baccalaureate degree program shall receive $2
822	for each careervocationalcontact hour, or the equivalent, for
823	certificate programs, or $60 for each credit hour, or the
824	equivalent, for degree career education programs and applied
825	technology programs for which the student is enrolled at an
826	eligible college, career institutetechnical center, or
827	nonpublic career education school.
828	(9) Funds may not be used to pay for remedial, college-
829	preparatory, or career-preparatoryvocational-preparatory
830	coursework.
831	Section 28. Subsection (1) of section 445.0123, Florida
832	Statutes, is amended to read:
833	445.0123 Eligible postsecondary education institutions.--A
834	student is eligible for an award or the renewal of an award from
835	the Careers for Florida's Future Incentive Grant Program if the
836	student meets the requirements for the program as described in
837	ss. 445.012-445.0125 and is enrolled in a postsecondary
838	education institution that meets the description of any one of
839	the following:
840	(1) A public university, community college, or career
841	institutetechnical centerin this state.
842	Section 29. Paragraph (g) of subsection (1) of section
843	445.024, Florida Statutes, is amended to read:
844	445.024 Work requirements.--
845	(1) WORK ACTIVITIES.--The following activities may be used
846	individually or in combination to satisfy the work requirements
847	for a participant in the temporary cash assistance program:
848	(g) CareerVocational education or training.—Career
849	Vocationaleducation or training is education or training
850	designed to provide participants with the skills and
851	certification necessary for employment in an occupational area.
852	CareerVocationaleducation or training may be used as a primary
853	program activity for participants when it has been determined
854	that the individual has demonstrated compliance with other
855	phases of program participation and successful completion of the
856	career vocationaleducation or training is likely to result in
857	employment entry at a higher wage than the participant would
858	have been likely to attain without completion of the career
859	vocational education or training. CareerVocationaleducation or
860	training may be combined with other program activities and also
861	may be used to upgrade skills or prepare for a higher paying
862	occupational area for a participant who is employed.
863	1. Unless otherwise provided in this section, career
864	vocationaleducation shall not be used as the primary program
865	activity for a period which exceeds 12 months. The 12-month
866	restriction applies to instruction in a career education program
867	and does not include remediation of basic skills, including
868	English language proficiency, if remediation is necessary to
869	enable a participant to benefit from a career education program.
870	Any necessary remediation must be completed before a participant
871	is referred to careervocationaleducation as the primary work
872	activity. In addition, use of careervocationaleducation or
873	training shall be restricted to the limitation established in
874	federal law. CareerVocationaleducation included in a program
875	leading to a high school diploma shall not be considered career
876	vocationaleducation for purposes of this section.
877	2. When possible, a provider of careervocational
878	education or training shall use funds provided by funding
879	sources other than the regional workforce board. The regional
880	workforce board may provide additional funds to a career
881	vocationaleducation or training provider only if payment is
882	made pursuant to a performance-based contract. Under a
883	performance-based contract, the provider may be partially paid
884	when a participant completes education or training, but the
885	majority of payment shall be made following the participant's
886	employment at a specific wage or job retention for a specific
887	duration. Performance-based payments made under this
888	subparagraph are limited to education or training for targeted
889	occupations identified by the Workforce Estimating Conference
890	under s. 216.136, or other programs identified by Workforce
891	Florida, Inc., as beneficial to meet the needs of designated
892	groups who are hard to place. If the contract pays the full cost
893	of training, the community college or school district may not
894	report the participants for other state funding.
895	Section 30. Paragraph (i) of subsection (7) of section
896	445.049, Florida Statutes, is amended to read:
897	445.049 Digital Divide Council.--
898	(7) PROGRAM OBJECTIVES AND GOALS.--The programs authorized
899	by this section shall have the following objectives and goals:
900	(i) Using information technology to enable members of at-
901	risk families who are no longer enrolled in K-12 schools to
902	obtain the education needed to achieve successful completion of
903	general education development test preparation to earn a high
904	school diploma, an applied technology diploma, a career
905	vocationalcertificate, an associate of arts degree, or a
906	baccalaureate degree.
907	Section 31. Subsection (1) of section 446.011, Florida
908	Statutes, is amended to read:
909	446.011 Legislative intent regarding apprenticeship
910	training.--
911	(1) It is the intent of the State of Florida to provide
912	educational opportunities for its young people so that they can
913	be trained for trades, occupations, and professions suited to
914	their abilities. It is the intent of this act to promote the
915	mode of training known as apprenticeship in occupations
916	throughout industry in the state that require physical
917	manipulative skills. By broadening job training opportunities
918	and providing for increased coordination between public school
919	academic programs, careervocationalprograms, and registered
920	apprenticeship programs, the young people of the state will
921	benefit from the valuable training opportunities developed when
922	on-the-job training is combined with academic-related classroom
923	experiences. This act is intended to develop the apparent
924	potentials in apprenticeship training by assisting in the
925	establishment of preapprenticeship programs in the public school
926	system and elsewhere and by expanding presently registered
927	programs as well as promoting new registered programs in jobs
928	that lend themselves to apprenticeship training.
929	Section 32. Subsection (2) of section 446.052, Florida
930	Statutes, is amended to read:
931	446.052 Preapprenticeship program.--
932	(2) The Division of Workforce Development of the
933	Department of Education, under regulations established by the
934	State Board of Education, is authorized to administer the
935	provisions of ss. 446.011-446.092 that relate to
936	preapprenticeship programs in cooperation with district school
937	boards and community college district boards of trustees.
938	District school boards, community college district boards of
939	trustees, and registered program sponsors shall cooperate in
940	developing and establishing programs that include career
941	vocationalinstruction and general education courses required to
942	obtain a high school diploma.
943	Section 33. Subsection (5) of section 446.22, Florida
944	Statutes, is amended to read:
945	446.22 Definitions.--As used in this act, the following
946	words and phrases shall have the meanings set forth herein,
947	except where the context otherwise requires:
948	(5) "Educational facility" means any secondary school,
949	community college, university, or career institutevocational
950	schoolparticipating in the program.
951	Section 34. Paragraph (a) of subsection (2), paragraph (a)
952	of subsection (3), and paragraph (a) of subsection (4) of
953	section 475.17, Florida Statutes, are amended to read:
954	475.17 Qualifications for practice.--
955	(2)(a)1. In addition to other requirements under this
956	part, the commission may require the satisfactory completion of
957	one or more of the educational courses or equivalent courses
958	conducted, offered, sponsored, prescribed, or approved pursuant
959	to s. 475.04, taken at an accredited college, university, or
960	community college, at a career institutean area technical
961	center, or at a registered real estate school, as a condition
962	precedent for any person to become licensed or to renew her or
963	his license as a broker, broker-salesperson, or salesperson. The
964	course or courses required for one to become initially licensed
965	shall not exceed a total of 63 classroom hours of 50 minutes
966	each, inclusive of examination, for a salesperson and 72
967	classroom hours of 50 minutes each, inclusive of examination,
968	for a broker. The satisfactory completion of an examination
969	administered by the accredited college, university, or community
970	college, by a career institutethe area technical center, or by
971	the registered real estate school shall be the basis for
972	determining satisfactory completion of the course. However,
973	notice of satisfactory completion shall not be issued if the
974	student has absences in excess of 8 classroom hours.
975	2. A distance learning course or courses shall be approved
976	by the commission as an option to classroom hours as
977	satisfactory completion of the course or courses as required by
978	this section. The schools authorized by this section have the
979	option of providing classroom courses, distance learning
980	courses, or both. However, satisfactory completion of a distance
981	learning course requires the satisfactory completion of a timed
982	distance learning course examination. Such examination shall not
983	be required to be monitored or given at a centralized location.
984	3. Such required course or courses must be made available
985	by correspondence or other suitable means to any person who, by
986	reason of hardship, as defined by rule, cannot attend the place
987	or places where the course or courses are regularly conducted or
988	does not have access to the distance learning course or courses.
989	(3)(a) The commission may prescribe a postlicensure
990	education requirement in order for a person to maintain a valid
991	salesperson's license, which shall not exceed 45 classroom hours
992	of 50 minutes each, inclusive of examination, prior to the first
993	renewal following initial licensure. If prescribed, this shall
994	consist of one or more commission-approved courses which total
995	at least 45 classroom hours on one or more subjects which
996	include, but are not limited to, property management, appraisal,
997	real estate finance, or the economics of real estate management.
998	Required postlicensure education courses must be provided by an
999	accredited college, university, or community college, by a
1000	career institutean area technical center, by a registered real
1001	estate school, or by a commission-approved sponsor.
1002	(4)(a) The commission may prescribe a postlicensure
1003	education requirement in order for a person to maintain a valid
1004	broker's license, which shall not exceed 60 classroom hours of
1005	50 minutes each, inclusive of examination, prior to the first
1006	renewal following initial licensure. If prescribed, this shall
1007	consist of one or more commission-approved courses which total
1008	at least 60 classroom hours on one or more subjects which
1009	include, but are not limited to, advanced appraisal, advanced
1010	property management, real estate marketing, business law,
1011	advanced real estate investment analyses, advanced legal
1012	aspects, general accounting, real estate economics,
1013	syndications, commercial brokerage, feasibility analyses,
1014	advanced real estate finance, residential brokerage, or real
1015	estate brokerage office operations. Required postlicensure
1016	education courses must be provided by an accredited college,
1017	university, or community college, by a career institutean area
1018	technical center, by a registered real estate school, or by a
1019	commission-approved sponsor.
1020	Section 35. Subsection (1) and paragraph (c) of subsection
1021	(2) of section 475.451, Florida Statutes, are amended to read:
1022	475.451 Schools teaching real estate practice.--
1023	(1) Each person, school, or institution, except approved
1024	and accredited colleges, universities, community colleges, and
1025	career institutesarea technical centersin this state, which
1026	offers or conducts any course of study in real estate practice,
1027	teaches any course prescribed by the commission as a condition
1028	precedent to licensure or renewal of licensure as a broker or
1029	salesperson, or teaches any course designed or represented to
1030	enable or assist applicants for licensure as brokers or
1031	salespersons to pass examinations for such licensure shall,
1032	before commencing or continuing further to offer or conduct such
1033	course or courses, obtain a permit from the department and abide
1034	by the regulations imposed upon such person, school, or
1035	institution by this chapter and rules of the commission adopted
1036	pursuant to this chapter. The exemption for colleges,
1037	universities, community colleges, and career institutesarea
1038	technical centersis limited to transferable college credit
1039	courses offered by such institutions.
1040	(2) An applicant for a permit to operate a proprietary
1041	real estate school, to be a chief administrator of a proprietary
1042	real estate school or a state institution, or to be an
1043	instructor for a proprietary real estate school or a state
1044	institution must meet the qualifications for practice set forth
1045	in s. 475.17(1) and the following minimal requirements:
1046	(c) "School instructor" means an individual who instructs
1047	persons in the classroom in noncredit college courses in a
1048	college, university, or community college or courses in a career
1049	institutean area technical centeror proprietary real estate
1050	school.
1051	1. Before commencing to provide such instruction, the
1052	applicant must certify the applicant's competency and obtain an
1053	instructor permit by meeting one of the following requirements:
1054	a. Hold a bachelor's degree in a business-related subject,
1055	such as real estate, finance, accounting, business
1056	administration, or its equivalent and hold a valid broker's
1057	license in this state.
1058	b. Hold a bachelor's degree, have extensive real estate
1059	experience, as defined by rule, and hold a valid broker's
1060	license in this state.
1061	c. Pass an instructor's examination approved by the
1062	commission.
1063	2. Any requirement by the commission for a teaching
1064	demonstration or practical examination must apply to all school
1065	instructor applicants.
1066	3. The department shall renew an instructor permit upon
1067	receipt of a renewal application and fee. The renewal
1068	application shall include proof that the permitholder has, since
1069	the issuance or renewal of the current permit, successfully
1070	completed a minimum of 15 classroom hours of instruction in real
1071	estate subjects or instructional techniques, as prescribed by
1072	the commission. The commission shall adopt rules providing for
1073	the renewal of instructor permits at least every 2 years. Any
1074	permit which is not renewed at the end of the permit period
1075	established by the department shall automatically revert to
1076	involuntarily inactive status.
1077
1078	The department may require an applicant to submit names of
1079	persons having knowledge concerning the applicant and the
1080	enterprise; may propound interrogatories to such persons and to
1081	the applicant concerning the character of the applicant,
1082	including the taking of fingerprints for processing through the
1083	Federal Bureau of Investigation; and shall make such
1084	investigation of the applicant or the school or institution as
1085	it may deem necessary to the granting of the permit. If an
1086	objection is filed, it shall be considered in the same manner as
1087	objections or administrative complaints against other applicants
1088	for licensure by the department.
1089	Section 36. Subsection (1), paragraph (b) of subsection
1090	(2), paragraph (b) of subsection (3), and paragraph (b) of
1091	subsection (4) of section 475.617, Florida Statutes, are amended
1092	to read:
1093	475.617 Education and experience requirements.--
1094	(1) To be registered as an assistant appraiser, an
1095	applicant must present evidence satisfactory to the board that
1096	she or he has successfully completed at least 75 hours of
1097	approved academic courses in subjects related to real estate
1098	appraisal, which shall include coverage of the Uniform Standards
1099	of Professional Appraisal Practice from a nationally recognized
1100	or state-recognized appraisal organization, career institute
1101	area technical center, accredited community college, college, or
1102	university, state or federal agency or commission, or
1103	proprietary real estate school that holds a permit pursuant to
1104	s. 475.451. The board may increase the required number of hours
1105	to not more than 100 hours. A classroom hour is defined as 50
1106	minutes out of each 60-minute segment. Past courses may be
1107	approved on an hour-for-hour basis.
1108	(2) To be licensed as an appraiser, an applicant must
1109	present evidence satisfactory to the board that she or he:
1110	(b) Has successfully completed at least 90 classroom
1111	hours, inclusive of examination, of approved academic courses in
1112	subjects related to real estate appraisal, which shall include
1113	coverage of the Uniform Standards of Professional Appraisal
1114	Practice from a nationally recognized or state-recognized
1115	appraisal organization, career institutearea technical center,
1116	accredited community college, college, or university, state or
1117	federal agency or commission, or proprietary real estate school
1118	that holds a permit pursuant to s. 475.451. The board may
1119	increase the required number of hours to not more than 120
1120	hours. A classroom hour is defined as 50 minutes out of each 60-
1121	minute segment. Past courses may be approved by the board and
1122	substituted on an hour-for-hour basis.
1123	(3) To be certified as a residential appraiser, an
1124	applicant must present satisfactory evidence to the board that
1125	she or he:
1126	(b) Has successfully completed at least 120 classroom
1127	hours, inclusive of examination, of approved academic courses in
1128	subjects related to real estate appraisal, which shall include
1129	coverage of the Uniform Standards of Professional Appraisal
1130	Practice from a nationally recognized or state-recognized
1131	appraisal organization, career institutearea technical center,
1132	accredited community college, college, or university, state or
1133	federal agency or commission, or proprietary real estate school
1134	that holds a permit pursuant to s. 475.451. The board may
1135	increase the required number of hours to not more than 165
1136	hours. A classroom hour is defined as 50 minutes out of each 60-
1137	minute segment. Past courses may be approved by the board and
1138	substituted on an hour-for-hour basis.
1139	(4) To be certified as a general appraiser, an applicant
1140	must present evidence satisfactory to the board that she or he:
1141	(b) Has successfully completed at least 180 classroom
1142	hours, inclusive of examination, of approved academic courses in
1143	subjects related to real estate appraisal, which shall include
1144	coverage of the Uniform Standards of Professional Appraisal
1145	Practice from a nationally recognized or state-recognized
1146	appraisal organization, career institutearea technical center,
1147	accredited community college, college, or university, state or
1148	federal agency or commission, or proprietary real estate school
1149	that holds a permit pursuant to s. 475.451. The board may
1150	increase the required number of hours to not more than 225
1151	hours. A classroom hour is defined as 50 minutes out of each 60-
1152	minute segment. Past courses may be approved by the board and
1153	substituted on an hour-for-hour basis.
1154	Section 37. Subsections (1) and (2) of section 475.627,
1155	Florida Statutes, are amended to read:
1156	475.627 Appraisal course instructors.--
1157	(1) Where the course or courses to be taught are
1158	prescribed by the board or approved precedent to registration,
1159	licensure, certification, or renewal as a registered assistant
1160	appraiser, licensed appraiser, or certified residential
1161	appraiser, before commencing to instruct noncredit college
1162	courses in a college, university, or community college, or
1163	courses in a career institutean area technical centeror
1164	proprietary real estate school, a person must certify her or his
1165	competency by meeting one of the following requirements:
1166	(a) Hold a valid certification as a residential real
1167	estate appraiser in this or any other state.
1168	(b) Pass an appraiser instructor's examination which shall
1169	test knowledge of residential appraisal topics.
1170	(2) Where the course or courses to be taught are
1171	prescribed by the board or approved precedent to registration,
1172	licensure, certification, or renewal as a registered assistant
1173	appraiser, licensed appraiser, or certified appraiser, before
1174	commencing to instruct noncredit college courses in a college,
1175	university, or community college, or courses in a career
1176	institutean areatechnical centeror proprietary real estate
1177	school, a person must certify her or his competency by meeting
1178	one of the following requirements:
1179	(a) Hold a valid certification as a general real estate
1180	appraiser in this or any other state.
1181	(b) Pass an appraiser instructor's examination which shall
1182	test knowledge of residential and nonresidential appraisal
1183	topics.
1184	Section 38. Subsection (1) of section 494.0029, Florida
1185	Statutes, is amended to read:
1186	494.0029 Mortgage business schools.--
1187	(1) Each person, school, or institution, except accredited
1188	colleges, universities, community colleges, and career
1189	institutes area technical centersin this state, which offers or
1190	conducts mortgage business training as a condition precedent to
1191	licensure as a mortgage broker or lender or a correspondent
1192	mortgage lender shall obtain a permit from the department and
1193	abide by the regulations imposed upon such person, school, or
1194	institution by this chapter and rules adopted pursuant to this
1195	chapter. The department shall, by rule, recertify the permits
1196	annually with initial and renewal permit fees that do not exceed
1197	$500 plus the cost of accreditation.
1198	Section 39. Paragraph (a) of subsection (2) of section
1199	509.302, Florida Statutes, is amended to read:
1200	509.302 Director of education, personnel, employment
1201	duties, compensation.--
1202	(2) The director of education shall develop and implement
1203	an educational program, designated the "Hospitality Education
1204	Program," offered for the benefit of the entire industry. This
1205	program may affiliate with Florida State University, Florida
1206	International University, and the University of Central Florida.
1207	The program may also affiliate with any other member of the
1208	State University System or Florida Community College System, or
1209	with any privately funded college or university, which offers a
1210	program of hospitality administration and management. The
1211	primary goal of this program is to instruct and train all
1212	individuals and businesses licensed under this chapter, in
1213	cooperation with recognized associations that represent the
1214	licensees, in the application of state and federal laws and
1215	rules. Such programs shall also include:
1216	(a) CareerVocationaltraining.
1217	Section 40. Subsection (4) of section 553.841, Florida
1218	Statutes, is amended to read:
1219	553.841 Building code training program; participant
1220	competency requirements.--
1221	(4) The commission may enter into contracts with the
1222	Department of Education, the State University System, the
1223	Division of Community Colleges, model code organizations,
1224	professional organizations, career institutesvocational-
1225	technical schools, trade organizations, and private industry to
1226	administer the program.
1227	Section 41. Subsection (12) of section 790.06, Florida
1228	Statutes, is amended to read:
1229	790.06 License to carry concealed weapon or firearm.--
1230	(12) No license issued pursuant to this section shall
1231	authorize any person to carry a concealed weapon or firearm into
1232	any place of nuisance as defined in s. 823.05; any police,
1233	sheriff, or highway patrol station; any detention facility,
1234	prison, or jail; any courthouse; any courtroom, except that
1235	nothing in this section would preclude a judge from carrying a
1236	concealed weapon or determining who will carry a concealed
1237	weapon in his or her courtroom; any polling place; any meeting
1238	of the governing body of a county, public school district,
1239	municipality, or special district; any meeting of the
1240	Legislature or a committee thereof; any school, college, or
1241	professional athletic event not related to firearms; any school
1242	administration building; any portion of an establishment
1243	licensed to dispense alcoholic beverages for consumption on the
1244	premises, which portion of the establishment is primarily
1245	devoted to such purpose; any elementary or secondary school
1246	facility; any career institutearea technical center; any
1247	college or university facility unless the licensee is a
1248	registered student, employee, or faculty member of such college
1249	or university and the weapon is a stun gun or nonlethal electric
1250	weapon or device designed solely for defensive purposes and the
1251	weapon does not fire a dart or projectile; inside the passenger
1252	terminal and sterile area of any airport, provided that no
1253	person shall be prohibited from carrying any legal firearm into
1254	the terminal, which firearm is encased for shipment for purposes
1255	of checking such firearm as baggage to be lawfully transported
1256	on any aircraft; or any place where the carrying of firearms is
1257	prohibited by federal law. Any person who willfully violates any
1258	provision of this subsection commits a misdemeanor of the second
1259	degree, punishable as provided in s. 775.082 or s. 775.083.
1260	Section 42. Section 790.115, Florida Statutes, is amended
1261	to read:
1262	790.115 Possessing or discharging weapons or firearms at a
1263	school-sponsored event or on school property prohibited;
1264	penalties; exceptions.--
1265	(1) A person who exhibits any sword, sword cane, firearm,
1266	electric weapon or device, destructive device, or other weapon,
1267	including a razor blade, box cutter, or knife, except as
1268	authorized in support of school-sanctioned activities, in the
1269	presence of one or more persons in a rude, careless, angry, or
1270	threatening manner and not in lawful self-defense, at a school-
1271	sponsored event or on the grounds or facilities of any school,
1272	school bus, or school bus stop, or within 1,000 feet of the real
1273	property that comprises a public or private elementary school,
1274	middle school, or secondary school, during school hours or
1275	during the time of a sanctioned school activity, commits a
1276	felony of the third degree, punishable as provided in s.
1277	775.082, s. 775.083, or s. 775.084. This subsection does not
1278	apply to the exhibition of a firearm or weapon on private real
1279	property within 1,000 feet of a school by the owner of such
1280	property or by a person whose presence on such property has been
1281	authorized, licensed, or invited by the owner.
1282	(2)(a) A person shall not possess any firearm, electric
1283	weapon or device, destructive device, or other weapon, including
1284	a razor blade, box cutter, or knife, except as authorized in
1285	support of school-sanctioned activities, at a school-sponsored
1286	event or on the property of any school, school bus, or school
1287	bus stop; however, a person may carry a firearm:
1288	1. In a case to a firearms program, class or function
1289	which has been approved in advance by the principal or chief
1290	administrative officer of the school as a program or class to
1291	which firearms could be carried;
1292	2. In a case to a career institutevocational school
1293	having a firearms training range; or
1294	3. In a vehicle pursuant to s. 790.25(5); except that
1295	school districts may adopt written and published policies that
1296	waive the exception in this subparagraph for purposes of student
1297	and campus parking privileges.
1298
1299	For the purposes of this section, "school" means any preschool,
1300	elementary school, middle school, junior high school, secondary
1301	school, career institutevocational school, or postsecondary
1302	school, whether public or nonpublic.
1303	(b) A person who willfully and knowingly possesses any
1304	electric weapon or device, destructive device, or other weapon,
1305	including a razor blade, box cutter, or knife, except as
1306	authorized in support of school-sanctioned activities, in
1307	violation of this subsection commits a felony of the third
1308	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1309	775.084.
1310	(c)1. A person who willfully and knowingly possesses any
1311	firearm in violation of this subsection commits a felony of the
1312	third degree, punishable as provided in s. 775.082, s. 775.083,
1313	or s. 775.084.
1314	2. A person who stores or leaves a loaded firearm within
1315	the reach or easy access of a minor who obtains the firearm and
1316	commits a violation of subparagraph 1. commits a misdemeanor of
1317	the second degree, punishable as provided in s. 775.082 or s.
1318	775.083; except that this does not apply if the firearm was
1319	stored or left in a securely locked box or container or in a
1320	location which a reasonable person would have believed to be
1321	secure, or was securely locked with a firearm-mounted push-
1322	button combination lock or a trigger lock; if the minor obtains
1323	the firearm as a result of an unlawful entry by any person; or
1324	to members of the Armed Forces, National Guard, or State
1325	Militia, or to police or other law enforcement officers, with
1326	respect to firearm possession by a minor which occurs during or
1327	incidental to the performance of their official duties.
1328	(d) A person who discharges any weapon or firearm while in
1329	violation of paragraph (a), unless discharged for lawful defense
1330	of himself or herself or another or for a lawful purpose,
1331	commits a felony of the second degree, punishable as provided in
1332	s. 775.082, s. 775.083, or s. 775.084.
1333	(e) The penalties of this subsection shall not apply to
1334	persons licensed under s. 790.06. Persons licensed under s.
1335	790.06 shall be punished as provided in s. 790.06(12), except
1336	that a licenseholder who unlawfully discharges a weapon or
1337	firearm on school property as prohibited by this subsection
1338	commits a felony of the second degree, punishable as provided in
1339	s. 775.082, s. 775.083, or s. 775.084.
1340	(3) This section does not apply to any law enforcement
1341	officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
1342	(8), (9), or (14).
1343	(4) Notwithstanding s. 985.213, s. 985.214, or s.
1344	985.215(1), any minor under 18 years of age who is charged under
1345	this section with possessing or discharging a firearm on school
1346	property shall be detained in secure detention, unless the state
1347	attorney authorizes the release of the minor, and shall be given
1348	a probable cause hearing within 24 hours after being taken into
1349	custody. At the hearing, the court may order that the minor
1350	continue to be held in secure detention for a period of 21 days,
1351	during which time the minor shall receive medical, psychiatric,
1352	psychological, or substance abuse examinations pursuant to s.
1353	985.224, and a written report shall be completed.
1354	Section 43. Section 810.095, Florida Statutes, is amended
1355	to read:
1356	810.095 Trespass on school property with firearm or other
1357	weapon prohibited.--
1358	(1) It is a felony of the third degree, punishable as
1359	provided in s. 775.082, s. 775.083, or s. 775.084, for a person
1360	who is trespassing upon school property to bring onto, or to
1361	possess on, such school property, any weapon or firearm.
1362	(2) As used in this section, "school property" means the
1363	grounds or facility of any kindergarten, elementary school,
1364	middle school, junior high school, secondary school, career
1365	institutevocational school, or postsecondary school, whether
1366	public or nonpublic.
1367	Section 44. Paragraph (b) of subsection (6) of section
1368	943.14, Florida Statutes, is amended to read:
1369	943.14 Commission-certified criminal justice training
1370	schools; certificates and diplomas; exemptions; injunctive
1371	relief; fines.--
1372	(6)
1373	(b) All other criminal justice sciences or administration
1374	courses or subjects which are a part of the curriculum of any
1375	accredited college, university, community college, or career
1376	institutevocational-technical centerof this state, and all
1377	full-time instructors of such institutions, are exempt from the
1378	provisions of subsections (1)-(5).
1379	Section 45. Subsection (1) of section 958.12, Florida
1380	Statutes, is amended to read:
1381	958.12 Participation in certain activities required.--
1382	(1) A youthful offender shall be required to participate
1383	in work assignments, and in careervocational, academic,
1384	counseling, and other rehabilitative programs in accordance with
1385	this section, including, but not limited to:
1386	(a) All youthful offenders may be required, as
1387	appropriate, to participate in:
1388	1. Reception and orientation.
1389	2. Evaluation, needs assessment, and classification.
1390	3. Educational programs.
1391	4. CareerVocationaland job training.
1392	5. Life and socialization skills training, including
1393	anger/aggression control.
1394	6. Prerelease orientation and planning.
1395	7. Appropriate transition services.
1396	(b) In addition to the requirements in paragraph (a), the
1397	department shall make available:
1398	1. Religious services and counseling.
1399	2. Social services.
1400	3. Substance abuse treatment and counseling.
1401	4. Psychological and psychiatric services.
1402	5. Library services.
1403	6. Medical and dental health care.
1404	7. Athletic, recreational, and leisure time activities.
1405	8. Mail and visiting privileges.
1406
1407	Income derived by a youthful offender from participation in such
1408	activities may be used, in part, to defray a portion of the
1409	costs of his or her incarceration or supervision; to satisfy
1410	preexisting obligations; to pay fines, counseling fees, or other
1411	costs lawfully imposed; or to pay restitution to the victim of
1412	the crime for which the youthful offender has been convicted in
1413	an amount determined by the sentencing court. Any such income
1414	not used for such reasons or not used as provided in s. 946.513
1415	or s. 958.09 shall be placed in a bank account for use by the
1416	youthful offender upon his or her release.
1417	Section 46. Paragraphs (a) and (b) of subsection (1),
1418	paragraph (a) of subsection (2), and subsections (3) and (4) of
1419	section 985.315, Florida Statutes, are amended to read:
1420	985.315 EducationalEducational/technical and career-
1421	relatedvocational work-relatedprograms.--
1422	(1)(a) It is the finding of the Legislature that the
1423	educationaleducational/technical and career-relatedvocational
1424	work-relatedprograms of the Department of Juvenile Justice are
1425	uniquely different from other programs operated or conducted by
1426	other departments in that it is essential to the state that
1427	these programs provide juveniles with useful information and
1428	activities that can lead to meaningful employment after release
1429	in order to assist in reducing the return of juveniles to the
1430	system.
1431	(b) It is further the finding of the Legislature that the
1432	mission of a juvenile educationaleducational/technical and
1433	career-relatedvocational work-relatedprogram is, in order of
1434	priority:
1435	1. To provide a joint effort between the department, the
1436	juvenile work programs, and educationaleducational/technical
1437	and career trainingvocational trainingprograms to reinforce
1438	relevant education, training, and postrelease job placement, and
1439	help reduce recommitment.
1440	2. To serve the security goals of the state through the
1441	reduction of idleness of juveniles and the provision of an
1442	incentive for good behavior in residential commitment
1443	facilities.
1444	3. To teach youth in juvenile justice programs relevant
1445	job skills and the fundamentals of a trade in order to prepare
1446	them for placement in the workforce.
1447	(2)(a) The department is strongly encouraged to require
1448	juveniles placed in a high-risk residential, maximum-risk
1449	residential, or a serious/habitual offender program to
1450	participate in an educationaleducational/technical or career-
1451	relatedvocational work-relatedprogram 5 hours per day, 5 days
1452	per week. All policies developed by the department relating to
1453	this requirement must be consistent with applicable federal,
1454	state, and local labor laws and standards, including all laws
1455	relating to child labor.
1456	(3) In adopting or modifying master plans for juvenile
1457	work programs and educationaleducational/technical and career
1458	vocationaltraining programs, and in the administration of the
1459	Department of Juvenile Justice, it shall be the objective of the
1460	department to develop:
1461	(a) Attitudes favorable to work, the work situation, and a
1462	law-abiding life in each juvenile employed in the juvenile work
1463	program.
1464	(b) Education and training opportunities that are
1465	reasonably broad, but which develop specific work skills.
1466	(c) Programs that motivate juveniles to use their
1467	abilities.
1468	(d) Education and training programs that will be of mutual
1469	benefit to all governmental jurisdictions of the state by
1470	reducing the costs of government to the taxpayers and which
1471	integrate all instructional programs into a unified curriculum
1472	suitable for all juveniles, but taking account of the different
1473	abilities of each juvenile.
1474	(e) A logical sequence of educational
1475	educational/technical or careervocationaltraining, employment
1476	by the juvenile work programs, and postrelease job placement for
1477	juveniles participating in juvenile work programs.
1478	(4)(a) The Department of Juvenile Justice shall establish
1479	guidelines for the operation of juvenile educational
1480	educational/technical and career-relatedvocational work-related
1481	programs, which shall include the following procedures:
1482	1. Participation in the educationaleducational/technical
1483	and career-relatedvocational work-relatedprograms shall be on
1484	a 5-day-per-week, 5-hour-per-day basis.
1485	2. The education, training, work experience, emotional and
1486	mental abilities, and physical capabilities of the juvenile and
1487	the duration of the term of placement imposed on the juvenile
1488	are to be analyzed before assignment of the juvenile into the
1489	various processes best suited for educational
1490	educational/technical or careervocationaltraining.
1491	3. When feasible, the department shall attempt to obtain
1492	education or training credit for a juvenile seeking
1493	apprenticeship status or a high school diploma or its
1494	equivalent.
1495	4. The juvenile may begin in a general education and work
1496	skills program and progress to a specific work skills training
1497	program, depending upon the ability, desire, and education and
1498	work record of the juvenile.
1499	5. Modernization and upgrading of equipment and facilities
1500	should include greater automation and improved production
1501	techniques to expose juveniles to the latest technological
1502	procedures to facilitate their adjustment to real work
1503	situations.
1504	(b) Evaluations of juvenile educational
1505	educational/technical and career-relatedvocational work-related
1506	programs shall be conducted according to the following
1507	guidelines:
1508	1. Systematic evaluations and quality assurance monitoring
1509	shall be implemented, in accordance with s. 985.412(1), (2), and
1510	(5), to determine whether the programs are related to successful
1511	postrelease adjustments.
1512	2. Operations and policies of the programs shall be
1513	reevaluated to determine if they are consistent with their
1514	primary objectives.
1515	(c) The department shall seek the advice of private labor
1516	and management to:
1517	1. Assist its work programs in the development of
1518	statewide policies aimed at innovation and organizational
1519	change.
1520	2. Obtain technical and practical assistance, information,
1521	and guidance.
1522	3. Encourage the cooperation and involvement of the
1523	private sector.
1524	4. Assist in the placement of youth into meaningful jobs
1525	upon release from the residential program.
1526	(d) The department and providers are strongly encouraged
1527	to work in partnership with local businesses and trade groups in
1528	the development and operation of educational
1529	educational/technical and careervocationalprograms.
1530	Section 47. Subsections (1) and (2) of section 1000.04,
1531	Florida Statutes, are amended to read:
1532	1000.04 Components for the delivery of public education
1533	within the Florida K-20 education system.--Florida's K-20
1534	education system provides for the delivery of public education
1535	through publicly supported and controlled K-12 schools,
1536	community colleges, state universities and other postsecondary
1537	educational institutions, other educational institutions, and
1538	other educational services as provided or authorized by the
1539	Constitution and laws of the state.
1540	(1) PUBLIC K-12 SCHOOLS.--The public K-12 schools include
1541	charter schools and consist of kindergarten classes; elementary,
1542	middle, and high school grades and special classes; workforce
1543	development education; career institutesarea technical centers;
1544	adult, part-time, career and technical,and evening schools,
1545	courses, or classes, as authorized by law to be operated under
1546	the control of district school boards; and lab schools operated
1547	under the control of state universities.
1548	(2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.--Public
1549	postsecondary educational institutions include workforce
1550	developmenteducation; community colleges; colleges; state
1551	universities; and all other state-supported postsecondary
1552	educational institutions that are authorized and established by
1553	law.
1554	Section 48. Paragraph (e) of subsection (2) and subsection
1555	(4) of section 1000.05, Florida Statutes, are amended to read:
1556	1000.05 Discrimination against students and employees in
1557	the Florida K-20 public education system prohibited; equality of
1558	access required.--
1559	(2)
1560	(e) Guidance services, counseling services, and financial
1561	assistance services in the state public K-20 education system
1562	shall be available to students equally. Guidance and counseling
1563	services, materials, and promotional events shall stress access
1564	to academic and, career and technicalopportunities for students
1565	without regard to race, ethnicity, national origin, gender,
1566	disability, or marital status.
1567	(4) Educational institutions within the state public K-20
1568	education system shall develop and implement methods and
1569	strategies to increase the participation of students of a
1570	particular race, ethnicity, national origin, gender, disability,
1571	or marital status in programs and courses in which students of
1572	that particular race, ethnicity, national origin, gender,
1573	disability, or marital status have been traditionally
1574	underrepresented, including, but not limited to, mathematics,
1575	science, computer technology, electronics, communications
1576	technology, engineering, and career and technicaleducation.
1577	Section 49. Paragraph (h) of subsection (4) of section
1578	1001.42, Florida Statutes, is amended to read:
1579	1001.42 Powers and duties of district school board.--The
1580	district school board, acting as a board, shall exercise all
1581	powers and perform all duties listed below:
1582	(4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
1583	SCHOOLS.--Adopt and provide for the execution of plans for the
1584	establishment, organization, and operation of the schools of the
1585	district, including, but not limited to, the following:
1586	(h) Career and technicalclasses and schools.--Provide for
1587	the establishment and maintenance of career and technical
1588	schools, departments, or classes, giving instruction in career
1589	and technicaleducation as defined by rules of the State Board
1590	of Education, and use any moneys raised by public taxation in
1591	the same manner as moneys for other school purposes are used for
1592	the maintenance and support of public schools or classes.
1593	Section 50. Section 1001.44, Florida Statutes, is amended
1594	to read:
1595	1001.44 Career institutesTechnical centers.--
1596	(1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
1597	INSTITUTESTECHNICAL CENTERS.--Any district school board, after
1598	first obtaining the approval of the Department of Education,
1599	may, as a part of the district school system, organize,
1600	establish and operate a career institutetechnical center, or
1601	acquire and operate a career institutetechnical school
1602	previously established.
1603	(2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
1604	ESTABLISH OR ACQUIRE CAREER INSTITUTESTECHNICAL CENTERS.--The
1605	district school boards of any two or more contiguous districts
1606	may, upon first obtaining the approval of the department, enter
1607	into an agreement to organize, establish and operate, or acquire
1608	and operate, a career institutetechnical centerunder this
1609	section.
1610	(3) CAREER INSTITUTETECHNICAL CENTERPART OF DISTRICT
1611	SCHOOL SYSTEM DIRECTED BY A DIRECTOR.--
1612	(a) A career institutetechnical centerestablished or
1613	acquired under provisions of law and minimum standards
1614	prescribed by the commissioner shall comprise a part of the
1615	district school system and shall mean an educational institution
1616	offering terminal courses of a technical nature, and courses for
1617	out-of-school youth and adults; shall be subject to all
1618	applicable provisions of this code; shall be under the control
1619	of the district school board of the school district in which it
1620	is located; and shall be directed by a director responsible
1621	through the district school superintendent to the district
1622	school board of the school district in which the institute
1623	centeris located.
1624	(b) Each career institutetechnical centershall maintain
1625	an academic transcript for each student enrolled in the
1626	institutecenter. Such transcript shall delineate each course
1627	completed by the student. Courses shall be delineated by the
1628	course prefix and title assigned pursuant to s. 1007.24. The
1629	institutecentershall make a copy of a student's transcript
1630	available to any student who requests it.
1631	Section 51. Paragraph (a) of subsection (1) of section
1632	1001.452, Florida Statutes, is amended to read:
1633	1001.452 District and school advisory councils.--
1634	(1) ESTABLISHMENT.--
1635	(a) The district school board shall establish an advisory
1636	council for each school in the district and shall develop
1637	procedures for the election and appointment of advisory council
1638	members. Each school advisory council shall include in its name
1639	the words "school advisory council." The school advisory council
1640	shall be the sole body responsible for final decisionmaking at
1641	the school relating to implementation of the provisions of ss.
1642	1001.42(16) and 1008.345. A majority of the members of each
1643	school advisory council must be persons who are not employed by
1644	the school. Each advisory council shall be composed of the
1645	principal and an appropriately balanced number of teachers,
1646	education support employees, students, parents, and other
1647	business and community citizens who are representative of the
1648	ethnic, racial, and economic community served by the school.
1649	Career instituteTechnical centerand high school advisory
1650	councils shall include students, and middle and junior high
1651	school advisory councils may include students. School advisory
1652	councils of career institutestechnicaland adult education
1653	centers are not required to include parents as members. Council
1654	members representing teachers, education support employees,
1655	students, and parents shall be elected by their respective peer
1656	groups at the school in a fair and equitable manner as follows:
1657	1. Teachers shall be elected by teachers.
1658	2. Education support employees shall be elected by
1659	education support employees.
1660	3. Students shall be elected by students.
1661	4. Parents shall be elected by parents.
1662
1663	The district school board shall establish procedures for use by
1664	schools in selecting business and community members that include
1665	means of ensuring wide notice of vacancies and of taking input
1666	on possible members from local business, chambers of commerce,
1667	community and civic organizations and groups, and the public at
1668	large. The district school board shall review the membership
1669	composition of each advisory council. If the district school
1670	board determines that the membership elected by the school is
1671	not representative of the ethnic, racial, and economic community
1672	served by the school, the district school board shall appoint
1673	additional members to achieve proper representation. The
1674	commissioner shall determine if schools have maximized their
1675	efforts to include on their advisory councils minority persons
1676	and persons of lower socioeconomic status. Although schools are
1677	strongly encouraged to establish school advisory councils, the
1678	district school board of any school district that has a student
1679	population of 10,000 or fewer may establish a district advisory
1680	council which shall include at least one duly elected teacher
1681	from each school in the district. For the purposes of school
1682	advisory councils and district advisory councils, the term
1683	"teacher" shall include classroom teachers, certified student
1684	services personnel, and media specialists. For purposes of this
1685	paragraph, "education support employee" means any person
1686	employed by a school who is not defined as instructional or
1687	administrative personnel pursuant to s. 1012.01 and whose duties
1688	require 20 or more hours in each normal working week.
1689	Section 52. Paragraph (a) of subsection (1) of section
1690	1001.453, Florida Statutes, is amended to read:
1691	1001.453 Direct-support organization; use of property;
1692	board of directors; audit.--
1693	(1) DEFINITIONS.--For the purposes of this section, the
1694	term:
1695	(a) "District school board direct-support organization"
1696	means an organization that:
1697	1. Is approved by the district school board;
1698	2. Is a Florida corporation not for profit, incorporated
1699	under the provisions of chapter 617 and approved by the
1700	Department of State; and
1701	3. Is organized and operated exclusively to receive, hold,
1702	invest, and administer property and to make expenditures to or
1703	for the benefit of public kindergarten through 12th grade
1704	education and adult career and technicaland community education
1705	programs in this state.
1706	Section 53. Subsection (16) of section 1001.64, Florida
1707	Statutes, is amended to read:
1708	1001.64 Community college boards of trustees; powers and
1709	duties.--
1710	(16) Each board of trustees must expend performance funds
1711	provided for workforce developmenteducation pursuant to the
1712	provisions of s. 1011.80.
1713	Section 54. Subsection (2) of section 1002.01, Florida
1714	Statutes, is amended to read:
1715	1002.01 Definitions.--
1716	(2) A "private school" is a nonpublic school defined as an
1717	individual, association, copartnership, or corporation, or
1718	department, division, or section of such organizations, that
1719	designates itself as an educational center that includes
1720	kindergarten or a higher grade or as an elementary, secondary,
1721	business, technical, or trade school below college level or any
1722	organization that provides instructional services that meet the
1723	intent of s. 1003.01(14) or that gives preemployment or
1724	supplementary training in technology or in fields of trade or
1725	industry or that offers academic, literary, or career and
1726	technicaltraining below college level, or any combination of
1727	the above, including an institution that performs the functions
1728	of the above schools through correspondence or extension, except
1729	those licensed under the provisions of chapter 1005. A private
1730	school may be a parochial, religious, denominational, for-
1731	profit, or nonprofit school. This definition does not include
1732	home education programs conducted in accordance with s. 1002.41.
1733	Section 55. Paragraph (f) of subsection (3) of section
1734	1002.20, Florida Statutes, is amended to read:
1735	1002.20 K-12 student and parent rights.--K-12 students and
1736	their parents are afforded numerous statutory rights including,
1737	but not limited to, the following:
1738	(3) HEALTH ISSUES.--
1739	(f) Career and technicaleducation courses involving
1740	hazardous substances.--High school students must be given plano
1741	safety glasses or devices in career and technicaleducation
1742	courses involving the use of hazardous substances likely to
1743	cause eye injury, in accordance with the provisions of s.
1744	1006.65.
1745	Section 56. Paragraph (a) of subsection (2) and
1746	subsections (3) and (5) of section 1002.22, Florida Statutes,
1747	are amended to read:
1748	1002.22 Student records and reports; rights of parents and
1749	students; notification; penalty.--
1750	(2) DEFINITIONS.--As used in this section:
1751	(a) "Chief executive officer" means that person, whether
1752	elected or appointed, who is responsible for the management and
1753	administration of any public educational body or unit, or the
1754	chief executive officer's designee for student records; that is,
1755	the district school superintendent, the director of a career
1756	institutean area technical center, the president of a public
1757	postsecondary educational institution, or their designees.
1758	(3) RIGHTS OF PARENT OR STUDENT.--The parent of any
1759	student who attends or has attended any public school, career
1760	institute area technical center, or public postsecondary
1761	educational institution shall have the following rights with
1762	respect to any records or reports created, maintained, and used
1763	by any public educational institution in the state. However,
1764	whenever a student has attained 18 years of age, or is attending
1765	a postsecondary educational institution, the permission or
1766	consent required of, and the rights accorded to, the parents of
1767	the student shall thereafter be required of and accorded to the
1768	student only, unless the student is a dependent student of such
1769	parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
1770	Revenue Code of 1954). The State Board of Education shall adopt
1771	rules whereby parents or students may exercise these rights:
1772	(a) Right of access.--
1773	1. Such parent or student shall have the right, upon
1774	request directed to the appropriate school official, to be
1775	provided with a list of the types of records and reports,
1776	directly related to students, as maintained by the institution
1777	that the student attends or has attended.
1778	2. Such parent or student shall have the right, upon
1779	request, to be shown any record or report relating to such
1780	student maintained by any public educational institution. When
1781	the record or report includes information on more than one
1782	student, the parent or student shall be entitled to receive, or
1783	be informed of, only that part of the record or report that
1784	pertains to the student who is the subject of the request. Upon
1785	a reasonable request therefor, the institution shall furnish
1786	such parent or student with an explanation or interpretation of
1787	any such record or report.
1788	3. Copies of any list, record, or report requested under
1789	the provisions of this paragraph shall be furnished to the
1790	parent or student upon request.
1791	4. The State Board of Education shall adopt rules to be
1792	followed by all public educational institutions in granting
1793	requests for lists, or for access to reports and records or for
1794	copies or explanations thereof under this paragraph. However,
1795	access to any report or record requested under the provisions of
1796	subparagraph 2. shall be granted within 30 days after receipt of
1797	such request by the institution. Fees may be charged for
1798	furnishing any copies of reports or records requested under
1799	subparagraph 3., but such fees shall not exceed the actual cost
1800	to the institution of producing such copies.
1801	(b) Right of waiver of access to confidential letters or
1802	statements.--A parent or student shall have the right to waive
1803	the right of access to letters or statements of recommendation
1804	or evaluation, except that such waiver shall apply to
1805	recommendations or evaluations only if:
1806	1. The parent or student is, upon request, notified of the
1807	names of all persons submitting confidential letters or
1808	statements.
1809	2. Such recommendations or evaluations are used solely for
1810	the purpose for which they were specifically intended.
1811
1812	Such waivers may not be required as a condition for admission
1813	to, receipt of financial aid from, or receipt of any other
1814	services or benefits from, any public agency or public
1815	educational institution in this state.
1816	(c) Right to challenge and hearing.--A parent or student
1817	shall have the right to challenge the content of any record or
1818	report to which such person is granted access under paragraph
1819	(a), in order to ensure that the record or report is not
1820	inaccurate, misleading, or otherwise in violation of the privacy
1821	or other rights of the student and to provide an opportunity for
1822	the correction, deletion, or expunction of any inaccurate,
1823	misleading, or otherwise inappropriate data or material
1824	contained therein. Any challenge arising under the provisions of
1825	this paragraph may be settled through informal meetings or
1826	discussions between the parent or student and appropriate
1827	officials of the educational institution. If the parties at such
1828	a meeting agree to make corrections, to make deletions, to
1829	expunge material, or to add a statement of explanation or
1830	rebuttal to the file, such agreement shall be reduced to writing
1831	and signed by the parties; and the appropriate school officials
1832	shall take the necessary actions to implement the agreement. If
1833	the parties cannot reach an agreement, upon the request of
1834	either party, a hearing shall be held on such challenge under
1835	rules adopted by the State Board of Education. Upon the request
1836	of the parent or student, the hearing shall be exempt from the
1837	requirements of s. 286.011. Such rules shall include at least
1838	the following provisions:
1839	1. The hearing shall be conducted within a reasonable
1840	period of time following the request for the hearing.
1841	2. The hearing shall be conducted, and the decision
1842	rendered, by an official of the educational institution or other
1843	party who does not have a direct interest in the outcome of the
1844	hearing.
1845	3. The parent or student shall be afforded a full and fair
1846	opportunity to present evidence relevant to the issues raised
1847	under this paragraph.
1848	4. The decision shall be rendered in writing within a
1849	reasonable period of time after the conclusion of the hearing.
1850	5. The appropriate school officials shall take the
1851	necessary actions to implement the decision.
1852	(d) Right of privacy.--Every student shall have a right of
1853	privacy with respect to the educational records kept on him or
1854	her. Personally identifiable records or reports of a student,
1855	and any personal information contained therein, are confidential
1856	and exempt from the provisions of s. 119.07(1). No state or
1857	local educational agency, board, public school, career institute
1858	technical center, or public postsecondary educational
1859	institution shall permit the release of such records, reports,
1860	or information without the written consent of the student's
1861	parent, or of the student himself or herself if he or she is
1862	qualified as provided in this subsection, to any individual,
1863	agency, or organization. However, personally identifiable
1864	records or reports of a student may be released to the following
1865	persons or organizations without the consent of the student or
1866	the student's parent:
1867	1. Officials of schools, school systems, career institutes
1868	technical centers, or public postsecondary educational
1869	institutions in which the student seeks or intends to enroll;
1870	and a copy of such records or reports shall be furnished to the
1871	parent or student upon request.
1872	2. Other school officials, including teachers within the
1873	educational institution or agency, who have legitimate
1874	educational interests in the information contained in the
1875	records.
1876	3. The United States Secretary of Education, the Director
1877	of the National Institute of Education, the Assistant Secretary
1878	for Education, the Comptroller General of the United States, or
1879	state or local educational authorities who are authorized to
1880	receive such information subject to the conditions set forth in
1881	applicable federal statutes and regulations of the United States
1882	Department of Education, or in applicable state statutes and
1883	rules of the State Board of Education.
1884	4. Other school officials, in connection with a student's
1885	application for or receipt of financial aid.
1886	5. Individuals or organizations conducting studies for or
1887	on behalf of an institution or a board of education for the
1888	purpose of developing, validating, or administering predictive
1889	tests, administering student aid programs, or improving
1890	instruction, if such studies are conducted in such a manner as
1891	will not permit the personal identification of students and
1892	their parents by persons other than representatives of such
1893	organizations and if such information will be destroyed when no
1894	longer needed for the purpose of conducting such studies.
1895	6. Accrediting organizations, in order to carry out their
1896	accrediting functions.
1897	7. School readiness coalitions and the Florida Partnership
1898	for School Readiness in order to carry out their assigned
1899	duties.
1900	8. For use as evidence in student expulsion hearings
1901	conducted by a district school board pursuant to the provisions
1902	of chapter 120.
1903	9. Appropriate parties in connection with an emergency, if
1904	knowledge of the information in the student's educational
1905	records is necessary to protect the health or safety of the
1906	student or other individuals.
1907	10. The Auditor General and the Office of Program Policy
1908	Analysis and Government Accountability in connection with their
1909	official functions; however, except when the collection of
1910	personally identifiable information is specifically authorized
1911	by law, any data collected by the Auditor General and the Office
1912	of Program Policy Analysis and Government Accountability is
1913	confidential and exempt from the provisions of s. 119.07(1) and
1914	shall be protected in such a way as will not permit the personal
1915	identification of students and their parents by other than the
1916	Auditor General, the Office of Program Policy Analysis and
1917	Government Accountability, and their staff, and such personally
1918	identifiable data shall be destroyed when no longer needed for
1919	the Auditor General's and the Office of Program Policy Analysis
1920	and Government Accountability's official use.
1921	11.a. A court of competent jurisdiction in compliance with
1922	an order of that court or the attorney of record pursuant to a
1923	lawfully issued subpoena, upon the condition that the student
1924	and the student's parent are notified of the order or subpoena
1925	in advance of compliance therewith by the educational
1926	institution or agency.
1927	b. A person or entity pursuant to a court of competent
1928	jurisdiction in compliance with an order of that court or the
1929	attorney of record pursuant to a lawfully issued subpoena, upon
1930	the condition that the student, or his or her parent if the
1931	student is either a minor and not attending a postsecondary
1932	educational institution or a dependent of such parent as defined
1933	in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of
1934	1954), is notified of the order or subpoena in advance of
1935	compliance therewith by the educational institution or agency.
1936	12. Credit bureaus, in connection with an agreement for
1937	financial aid that the student has executed, provided that such
1938	information may be disclosed only to the extent necessary to
1939	enforce the terms or conditions of the financial aid agreement.
1940	Credit bureaus shall not release any information obtained
1941	pursuant to this paragraph to any person.
1942	13. Parties to an interagency agreement among the
1943	Department of Juvenile Justice, school and law enforcement
1944	authorities, and other signatory agencies for the purpose of
1945	reducing juvenile crime and especially motor vehicle theft by
1946	promoting cooperation and collaboration, and the sharing of
1947	appropriate information in a joint effort to improve school
1948	safety, to reduce truancy and in-school and out-of-school
1949	suspensions, and to support alternatives to in-school and out-
1950	of-school suspensions and expulsions that provide structured and
1951	well-supervised educational programs supplemented by a
1952	coordinated overlay of other appropriate services designed to
1953	correct behaviors that lead to truancy, suspensions, and
1954	expulsions, and that support students in successfully completing
1955	their education. Information provided in furtherance of such
1956	interagency agreements is intended solely for use in determining
1957	the appropriate programs and services for each juvenile or the
1958	juvenile's family, or for coordinating the delivery of such
1959	programs and services, and as such is inadmissible in any court
1960	proceedings prior to a dispositional hearing unless written
1961	consent is provided by a parent or other responsible adult on
1962	behalf of the juvenile.
1963
1964	This paragraph does not prohibit any educational institution
1965	from publishing and releasing to the general public directory
1966	information relating to a student if the institution elects to
1967	do so. However, no educational institution shall release, to any
1968	individual, agency, or organization that is not listed in
1969	subparagraphs 1.-13., directory information relating to the
1970	student body in general or a portion thereof unless it is
1971	normally published for the purpose of release to the public in
1972	general. Any educational institution making directory
1973	information public shall give public notice of the categories of
1974	information that it has designated as directory information with
1975	respect to all students attending the institution and shall
1976	allow a reasonable period of time after such notice has been
1977	given for a parent or student to inform the institution in
1978	writing that any or all of the information designated should not
1979	be released.
1980	(5) PENALTY.--In the event that any public school official
1981	or employee, district school board official or employee, career
1982	institutetechnical centerofficial or employee, or public
1983	postsecondary educational institution official or employee
1984	refuses to comply with any of the provisions of this section,
1985	the aggrieved parent or student shall have an immediate right to
1986	bring an action in the circuit court to enforce the violated
1987	right by injunction. Any aggrieved parent or student who brings
1988	such an action and whose rights are vindicated may be awarded
1989	attorney's fees and court costs.
1990	Section 57. Paragraph (a) of subsection (11) of section
1991	1002.34, Florida Statutes, is amended to read:
1992	1002.34 Charter technical career centers.--
1993	(11) FUNDING.--
1994	(a) Each district school board and community college that
1995	sponsors a charter technical career center shall pay directly to
1996	the center an amount stated in the charter. State funding shall
1997	be generated for the center for its student enrollment and
1998	program outcomes as provided in law. A center is eligible for
1999	funding from the Florida Workforce DevelopmentEducation Fund,
2000	the Florida Education Finance Program, and the Community College
2001	Program Fund, depending upon the programs conducted by the
2002	center.
2003	Section 58. Paragraph (a) of subsection (2) of section
2004	1002.42, Florida Statutes, is amended to read:
2005	1002.42 Private schools.--
2006	(2) ANNUAL PRIVATE SCHOOL SURVEY.--
2007	(a) The Department of Education shall organize, maintain,
2008	and annually update a database of educational institutions
2009	within the state coming within the provisions of this section.
2010	There shall be included in the database of each institution the
2011	name, address, and telephone number of the institution; the type
2012	of institution; the names of administrative officers; the
2013	enrollment by grade or special group (e.g., career and technical
2014	education and exceptional child education); the number of
2015	graduates; the number of instructional and administrative
2016	personnel; the number of days the school is in session; and such
2017	data as may be needed to meet the provisions of this section and
2018	s. 1003.23(2).
2019	Section 59. Subsection (4) and paragraph (c) of subsection
2020	(9) of section 1003.01, Florida Statutes, are amended to read:
2021	1003.01 Definitions.--As used in this chapter, the term:
2022	(4) "Career and technicaleducation" means education that
2023	provides instruction for the following purposes:
2024	(a) At the elementary, middle, and secondary school
2025	levels, exploratory courses designed to give students initial
2026	exposure to a broad range of occupations to assist them in
2027	preparing their academic and occupational plans, and practical
2028	arts courses that provide generic skills that may apply to many
2029	occupations but are not designed to prepare students for entry
2030	into a specific occupation. Career and technicaleducation
2031	provided before high school completion must be designed to
2032	enhance both occupational and academic skills through
2033	integration with academic instruction.
2034	(b) At the secondary school level, job-preparatory
2035	instruction in the competencies that prepare students for
2036	effective entry into an occupation, including diversified
2037	cooperative education, work experience, and job-entry programs
2038	that coordinate directed study and on-the-job training.
2039	(c) At the postsecondary education level, courses of study
2040	that provide competencies needed for entry into specific
2041	occupations or for advancement within an occupation.
2042	(9) "Dropout" means a student who meets any one or more of
2043	the following criteria:
2044	(c) The student has withdrawn from school, but has not
2045	transferred to another public or private school or enrolled in
2046	any career and technical, adult, home education, or alternative
2047	educational program;
2048
2049	The State Board of Education may adopt rules to implement the
2050	provisions of this subsection.
2051	Section 60. Section 1003.02, Florida Statutes, is amended
2052	to read:
2053	1003.02 District school board operation and control of
2054	public K-12 education within the school district.--As provided
2055	in part II of chapter 1001, district school boards are
2056	constitutionally and statutorily charged with the operation and
2057	control of public K-12 education within their school district.
2058	The district school boards must establish, organize, and operate
2059	their public K-12 schools and educational programs, employees,
2060	and facilities. Their responsibilities include staff
2061	development, public K-12 school student education including
2062	education for exceptional students and students in juvenile
2063	justice programs, special programs, adult education programs,
2064	and career andtechnicaleducation programs. Additionally,
2065	district school boards must:
2066	(1) Provide for the proper accounting for all students of
2067	school age, for the attendance and control of students at
2068	school, and for proper attention to health, safety, and other
2069	matters relating to the welfare of students in the following
2070	fields:
2071	(a) Admission, classification, promotion, and graduation
2072	of students.--Adopt rules for admitting, classifying, promoting,
2073	and graduating students to or from the various schools of the
2074	district. (1) Provide for the proper accounting for all
2075	students of school age, for the attendance and control of
2076	students at school, and for proper attention to health, safety,
2077	and other matters relating to the welfare of students in the
2078	following fields:
2079	(b) Enforcement of attendance laws.--Provide for the
2080	enforcement of all laws and rules relating to the attendance of
2081	students at school.
2082	(c) Control of students.--
2083	1. Adopt rules for the control, attendance, discipline,
2084	in-school suspension, suspension, and expulsion of students and
2085	decide all cases recommended for expulsion.
2086	2. Maintain a code of student conduct as provided in
2087	chapter 1006.
2088	(d) Courses of study and instructional materials.--
2089	1. Provide adequate instructional materials for all
2090	students as follows and in accordance with the requirements of
2091	chapter 1006, in the core courses of mathematics, language arts,
2092	social studies, science, reading, and literature, except for
2093	instruction for which the school advisory council approves the
2094	use of a program that does not include a textbook as a major
2095	tool of instruction.
2096	2. Adopt courses of study for use in the schools of the
2097	district.
2098	3. Provide for proper requisitioning, distribution,
2099	accounting, storage, care, and use of all instructional
2100	materials as may be needed, and ensure that instructional
2101	materials used in the district are consistent with the district
2102	goals and objectives and the curriculum frameworks approved by
2103	the State Board of Education, as well as with the state and
2104	school district performance standards required by law and state
2105	board rule.
2106	(e) Transportation.--Make provision for the transportation
2107	of students to the public schools or school activities they are
2108	required or expected to attend, efficiently and economically, in
2109	accordance with the requirements of chapter 1006.
2110	(f) Facilities and school plant.--
2111	1. Approve and adopt a districtwide school facilities
2112	program, in accordance with the requirements of chapter 1013.
2113	2. Approve plans for locating, planning, constructing,
2114	sanitating, insuring, maintaining, protecting, and condemning
2115	school property as prescribed in chapter 1013.
2116	3. Approve and adopt a districtwide school building
2117	program.
2118	4. Select and purchase school sites, playgrounds, and
2119	recreational areas located at centers at which schools are to be
2120	constructed, of adequate size to meet the needs of projected
2121	students to be accommodated.
2122	5. Approve the proposed purchase of any site, playground,
2123	or recreational area for which school district funds are to be
2124	used.
2125	6. Expand existing sites.
2126	7. Rent buildings when necessary.
2127	8. Enter into leases or lease-purchase arrangements, in
2128	accordance with the requirements and conditions provided in s.
2129	1013.15(2).
2130	9. Provide for the proper supervision of construction.
2131	10. Make or contract for additions, alterations, and
2132	repairs on buildings and other school properties.
2133	11. Ensure that all plans and specifications for buildings
2134	provide adequately for the safety and well-being of students, as
2135	well as for economy of construction.
2136	12. Provide adequately for the proper maintenance and
2137	upkeep of school plants.
2138	13. Carry insurance on every school building in all school
2139	plants including contents, boilers, and machinery, except
2140	buildings of three classrooms or less which are of frame
2141	construction and located in a tenth class public protection zone
2142	as defined by the Florida Inspection and Rating Bureau, and on
2143	all school buses and other property under the control of the
2144	district school board or title to which is vested in the
2145	district school board, except as exceptions may be authorized
2146	under rules of the State Board of Education.
2147	14. Condemn and prohibit the use for public school
2148	purposes of any building under the control of the district
2149	school board.
2150	(g) School operation.--
2151	1. Provide for the operation of all public schools as free
2152	schools for a term of at least 180 days or the equivalent on an
2153	hourly basis as specified by rules of the State Board of
2154	Education; determine district school funds necessary in addition
2155	to state funds to operate all schools for the minimum term; and
2156	arrange for the levying of district school taxes necessary to
2157	provide the amount needed from district sources.
2158	2. Prepare, adopt, and timely submit to the Department of
2159	Education, as required by law and by rules of the State Board of
2160	Education, the annual school budget, so as to promote the
2161	improvement of the district school system.
2162	(h) Records and reports.--
2163	1. Keep all necessary records and make all needed and
2164	required reports, as required by law or by rules of the State
2165	Board of Education.
2166	2. At regular intervals require reports to be made by
2167	principals or teachers in all public schools to the parents of
2168	the students enrolled and in attendance at their schools,
2169	apprising them of the academic and other progress being made by
2170	the student and giving other useful information.
2171	(2) Require that all laws, all rules of the State Board of
2172	Education, and all rules of the district school board are
2173	properly enforced.
2174	(3) Maintain a system of school improvement and education
2175	accountability as required by law and State Board of Education
2176	rule, including but not limited to the requirements of chapter
2177	1008.
2178	(4) For any school within the district that is not in
2179	compliance with the small school size requirements of chapter
2180	1013, in order to reduce the anonymity of students in large
2181	schools, adopt policies that encourage subdivision of the school
2182	into schools-within-a-school, which shall operate within
2183	existing resources. A "school-within-a-school" means an
2184	operational program that uses flexible scheduling, team
2185	planning, and curricular and instructional innovation to
2186	organize groups of students with groups of teachers as smaller
2187	units, so as to functionally operate as a smaller school.
2188	Examples of this include, but are not limited to:
2189	(a) An organizational arrangement assigning both students
2190	and teachers to smaller units in which the students take some or
2191	all of their coursework with their fellow grouped students and
2192	from the teachers assigned to the smaller unit. A unit may be
2193	grouped together for 1 year or on a vertical, multiyear basis.
2194	(b) An organizational arrangement similar to that
2195	described in paragraph (a) with additional variations in
2196	instruction and curriculum. The smaller unit usually seeks to
2197	maintain a program different from that of the larger school, or
2198	of other smaller units. It may be vertically organized, but is
2199	dependent upon the school principal for its existence, budget,
2200	and staff.
2201	(c) A separate and autonomous smaller unit formally
2202	authorized by the district school board or district school
2203	superintendent. The smaller unit plans and runs its own program,
2204	has its own staff and students, and receives its own separate
2205	budget. The smaller unit must negotiate the use of common space
2206	with the larger school and defer to the building principal on
2207	matters of safety and building operation.
2208	Section 61. Subsections (1) and (9) of section 1003.43,
2209	Florida Statutes, are amended to read:
2210	1003.43 General requirements for high school graduation.--
2211	(1) Graduation requires successful completion of either a
2212	minimum of 24 academic credits in grades 9 through 12 or an
2213	International Baccalaureate curriculum. The 24 credits shall be
2214	distributed as follows:
2215	(a) Four credits in English, with major concentration in
2216	composition and literature.
2217	(b) Three credits in mathematics. Effective for students
2218	entering the 9th grade in the 1997-1998 school year and
2219	thereafter, one of these credits must be Algebra I, a series of
2220	courses equivalent to Algebra I, or a higher-level mathematics
2221	course.
2222	(c) Three credits in science, two of which must have a
2223	laboratory component. The State Board of Education may grant an
2224	annual waiver of the laboratory requirement to a district school
2225	board that certifies that its laboratory facilities are
2226	inadequate, provided the district school board submits a capital
2227	outlay plan to provide adequate facilities and makes the funding
2228	of this plan a priority of the district school board.
2229	Agriscience Foundations I, the core course in secondary
2230	Agriscience and Natural Resources programs, counts as one of the
2231	science credits.
2232	(d) One credit in American history.
2233	(e) One credit in world history, including a comparative
2234	study of the history, doctrines, and objectives of all major
2235	political systems.
2236	(f) One-half credit in economics, including a comparative
2237	study of the history, doctrines, and objectives of all major
2238	economic systems. The Florida Council on Economic Education
2239	shall provide technical assistance to the department and
2240	district school boards in developing curriculum materials for
2241	the study of economics.
2242	(g) One-half credit in American government, including
2243	study of the Constitution of the United States. For students
2244	entering the 9th grade in the 1997-1998 school year and
2245	thereafter, the study of Florida government, including study of
2246	the State Constitution, the three branches of state government,
2247	and municipal and county government, shall be included as part
2248	of the required study of American government.
2249	(h)1. One credit in practical arts career and technical
2250	education or exploratory career and technicaleducation. Any
2251	career and technicaleducation course as defined in s. 1003.01
2252	may be taken to satisfy the high school graduation requirement
2253	for one credit in practical arts or exploratory career and
2254	technicaleducation provided in this subparagraph;
2255	2. One credit in performing fine arts to be selected from
2256	music, dance, drama, painting, or sculpture. A course in any art
2257	form, in addition to painting or sculpture, that requires manual
2258	dexterity, or a course in speech and debate, may be taken to
2259	satisfy the high school graduation requirement for one credit in
2260	performing arts pursuant to this subparagraph; or
2261	3. One-half credit each in practical arts career and
2262	technical education or exploratory career and technical
2263	education and performing fine arts, as defined in this
2264	paragraph.
2265
2266	Such credit for practical arts career and technicaleducation or
2267	exploratory career and technicaleducation or for performing
2268	fine arts shall be made available in the 9th grade, and students
2269	shall be scheduled into a 9th grade course as a priority.
2270	(i) One-half credit in life management skills to include
2271	consumer education, positive emotional development, marriage and
2272	relationship skill-based education, nutrition, prevention of
2273	human immunodeficiency virus infection and acquired immune
2274	deficiency syndrome and other sexually transmissible diseases,
2275	benefits of sexual abstinence and consequences of teenage
2276	pregnancy, information and instruction on breast cancer
2277	detection and breast self-examination, cardiopulmonary
2278	resuscitation, drug education, and the hazards of smoking. Such
2279	credit shall be given for a course to be taken by all students
2280	in either the 9th or 10th grade.
2281	(j) One credit in physical education to include
2282	assessment, improvement, and maintenance of personal fitness.
2283	Participation in an interscholastic sport at the junior varsity
2284	or varsity level, for two full seasons, shall satisfy the one-
2285	credit requirement in physical education if the student passes a
2286	competency test on personal fitness with a score of "C" or
2287	better. The competency test on personal fitness must be
2288	developed by the Department of Education. A district school
2289	board may not require that the one credit in physical education
2290	be taken during the 9th grade year. Completion of one semester
2291	with a grade of "C" or better in a marching band class or in a
2292	physical activity class that requires participation in marching
2293	band activities as an extracurricular activity shall satisfy a
2294	one-half credit requirement in physical education. This one-half
2295	credit may not be used to satisfy the personal fitness
2296	requirement or the requirement for adaptive physical education
2297	under an individual educational plan (IEP) or 504 plan.
2298	(k) Eight and one-half elective credits.
2299
2300	District school boards may award a maximum of one-half credit in
2301	social studies and one-half elective credit for student
2302	completion of nonpaid voluntary community or school service
2303	work. Students choosing this option must complete a minimum of
2304	75 hours of service in order to earn the one-half credit in
2305	either category of instruction. Credit may not be earned for
2306	service provided as a result of court action. District school
2307	boards that approve the award of credit for student volunteer
2308	service shall develop guidelines regarding the award of the
2309	credit, and school principals are responsible for approving
2310	specific volunteer activities. A course designated in the Course
2311	Code Directory as grade 9 through grade 12 that is taken below
2312	the 9th grade may be used to satisfy high school graduation
2313	requirements or Florida Academic Scholars award requirements as
2314	specified in a district school board's student progression plan.
2315	A student shall be granted credit toward meeting the
2316	requirements of this subsection for equivalent courses, as
2317	identified pursuant to s. 1007.271(6), taken through dual
2318	enrollment.
2319	(9) A student who meets all requirements prescribed in
2320	subsections (1), (4), and (5) shall be awarded a standard
2321	diploma in a form prescribed by the State Board of Education. A
2322	district school board may attach the Florida gold seal career
2323	and technicalendorsement to a standard diploma or, instead of
2324	the standard diploma, award differentiated diplomas to those
2325	exceeding the prescribed minimums. A student who completes the
2326	minimum number of credits and other requirements prescribed by
2327	subsections (1) and (4), but who is unable to meet the standards
2328	of paragraph (5)(a), paragraph (5)(b), or paragraph (5)(c),
2329	shall be awarded a certificate of completion in a form
2330	prescribed by the State Board of Education. However, any student
2331	who is otherwise entitled to a certificate of completion may
2332	elect to remain in the secondary school either as a full-time
2333	student or a part-time student for up to 1 additional year and
2334	receive special instruction designed to remedy his or her
2335	identified deficiencies.
2336	Section 62. Subsection (3) of section 1003.47, Florida
2337	Statutes, is amended to read:
2338	1003.47 Biological experiments on living subjects.--
2339	(3) If any instructional employee of a public high school
2340	or career institutearea technical centerknowingly or
2341	intentionally fails or refuses to comply with any of the
2342	provisions of this section, the district school board may
2343	suspend, dismiss, return to annual contract, or otherwise
2344	discipline such employee as provided in s. 1012.22(1)(f) in
2345	accordance with procedures established in chapter 1012. If any
2346	instructional employee of any private school knowingly or
2347	intentionally fails or refuses to comply with the provisions of
2348	this section, the governing authority of the private school may
2349	suspend, dismiss, or otherwise discipline such employee in
2350	accordance with its standard personnel procedures.
2351	Section 63. Subsection (1) of section 1003.491, Florida
2352	Statutes, is amended to read:
2353	1003.491 Career and technicaleducation.--
2354	(1) School board, superintendent, and school
2355	accountability for career and technicaleducation within
2356	elementary and secondary schools includes, but is not limited
2357	to:
2358	(a) Student exposure to a variety of careers and provision
2359	of instruction to explore specific careers in greater depth.
2360	(b) Student awareness of available career and technical
2361	programs and the corresponding occupations into which such
2362	programs lead.
2363	(c) Student development of individual career plans.
2364	(d) Integration of academic and career and technical
2365	skills in the secondary curriculum.
2366	(e) Student preparation to enter the workforce and enroll
2367	in postsecondary education without being required to complete
2368	college preparatory or careervocationalpreparatory
2369	instruction.
2370	(f) Student retention in school through high school
2371	graduation.
2372	(g) Career and technicalcurriculum articulation with
2373	corresponding postsecondary programs in the career institute
2374	local area technical centeror community college, or both.
2375	Section 64. Paragraphs (e) and (f) of subsection (2) of
2376	section 1003.51, Florida Statutes, are amended to read:
2377	1003.51 Other public educational services.--
2378	(2) The State Board of Education shall adopt and maintain
2379	an administrative rule articulating expectations for effective
2380	education programs for youth in Department of Juvenile Justice
2381	programs, including, but not limited to, education programs in
2382	juvenile justice commitment and detention facilities. The rule
2383	shall articulate policies and standards for education programs
2384	for youth in Department of Juvenile Justice programs and shall
2385	include the following:
2386	(e) Assessment procedures, which:
2387	1. Include appropriate academic and career and technical
2388	assessments administered at program entry and exit that are
2389	selected by the Department of Education in partnership with
2390	representatives from the Department of Juvenile Justice,
2391	district school boards, and providers.
2392	2. Require district school boards to be responsible for
2393	ensuring the completion of the assessment process.
2394	3. Require assessments for students in detention who will
2395	move on to commitment facilities, to be designed to create the
2396	foundation for developing the student's education program in the
2397	assigned commitment facility.
2398	4. Require assessments of students sent directly to
2399	commitment facilities to be completed within the first week of
2400	the student's commitment.
2401
2402	The results of these assessments, together with a portfolio
2403	depicting the student's academic and career and technical
2404	accomplishments, shall be included in the discharge package
2405	assembled for each youth.
2406	(f) Recommended instructional programs, including, but not
2407	limited to, career and technicaltraining and job preparation.
2408	Section 65. Paragraph (c) of subsection (1) and
2409	subsections (3), (5), and (23) of section 1003.52, Florida
2410	Statutes, are amended to read:
2411	1003.52 Educational services in Department of Juvenile
2412	Justice programs.--
2413	(1) The Legislature finds that education is the single
2414	most important factor in the rehabilitation of adjudicated
2415	delinquent youth in the custody of the Department of Juvenile
2416	Justice in detention or commitment facilities. It is the goal of
2417	the Legislature that youth in the juvenile justice system
2418	continue to be allowed the opportunity to obtain a high quality
2419	education. The Department of Education shall serve as the lead
2420	agency for juvenile justice education programs, curriculum,
2421	support services, and resources. To this end, the Department of
2422	Education and the Department of Juvenile Justice shall each
2423	designate a Coordinator for Juvenile Justice Education Programs
2424	to serve as the point of contact for resolving issues not
2425	addressed by district school boards and to provide each
2426	department's participation in the following activities:
2427	(c) Developing academic and career and technicalprotocols
2428	that provide guidance to district school boards and providers in
2429	all aspects of education programming, including records transfer
2430	and transition.
2431
2432	Annually, a cooperative agreement and plan for juvenile justice
2433	education service enhancement shall be developed between the
2434	Department of Juvenile Justice and the Department of Education
2435	and submitted to the Secretary of Juvenile Justice and the
2436	Commissioner of Education by June 30.
2437	(3) The district school board of the county in which the
2438	residential or nonresidential care facility or juvenile
2439	assessment facility is located shall provide appropriate
2440	educational assessments and an appropriate program of
2441	instruction and special education services. The district school
2442	board shall make provisions for each student to participate in
2443	basic, career and technicaleducation, and exceptional student
2444	programs as appropriate. Students served in Department of
2445	Juvenile Justice programs shall have access to the appropriate
2446	courses and instruction to prepare them for the GED test.
2447	Students participating in GED preparation programs shall be
2448	funded at the basic program cost factor for Department of
2449	Juvenile Justice programs in the Florida Education Finance
2450	Program. Each program shall be conducted according to applicable
2451	law providing for the operation of public schools and rules of
2452	the State Board of Education.
2453	(5) The educational program shall consist of appropriate
2454	basic academic, career and technical, or exceptional curricula
2455	and related services which support the treatment goals and
2456	reentry and which may lead to completion of the requirements for
2457	receipt of a high school diploma or its equivalent. If the
2458	duration of a program is less than 40 days, the educational
2459	component may be limited to tutorial activities and career and
2460	technicalemployability skills.
2461	(23) The Department of Juvenile Justice and the Department
2462	of Education shall, in consultation with the statewide Workforce
2463	Development Youth Council, district school boards, providers,
2464	and others, jointly develop a multiagency plan for career and
2465	technicaleducation which describes the curriculum, goals, and
2466	outcome measures for career and technicaleducation programming
2467	in juvenile commitment facilities, pursuant to s. 985.3155.
2468	Section 66. Subsections (21), (23), (25), and (26) of
2469	section 1004.02, Florida Statutes, are amended to read:
2470	1004.02 Definitions.--As used in this chapter:
2471	(21) "CareerTechnicalcertificate program" means a course
2472	of study that leads to at least one occupational completion
2473	point. The program may also confer credit that may articulate
2474	with a diploma or careertechnicaldegree education program, if
2475	authorized by rules of the State Board of Education. Any credit
2476	instruction designed to articulate to a degree program is
2477	subject to guidelines and standards adopted by the Department of
2478	Education pursuant to chapter 1007. The term is interchangeable
2479	with the term "certificate career and technicaleducation
2480	program."
2481	(23) "Career and technicaleducation planning region"
2482	means the geographic area in which career and technicalor adult
2483	education is provided. Each career and technicalregion is
2484	contiguous with one of the 28 community college service areas.
2485	(25) "Career and technicalprogram" means a group of
2486	identified competencies leading to occupations identified by a
2487	Classification of Instructional Programs number.
2488	(26) "Workforce developmenteducation" means adult general
2489	education or career and technicaleducation and may consist of a
2490	continuing workforce education course or a program of study
2491	leading to an occupational completion point, a careertechnical
2492	certificate, an applied technology diploma, or a career
2493	technicaldegree.
2494	Section 67. Section 1004.07, Florida Statutes, is amended
2495	to read:
2496	1004.07 Student withdrawal from courses due to military
2497	service; effect.--Each district school board, community college
2498	district board of trustees, and university board of trustees
2499	shall establish, by rule and pursuant to guidelines of the
2500	Florida Board of Education, policies regarding currently
2501	enrolled students who are called to, or enlist in, active
2502	military service. Such policies shall provide that any student
2503	enrolled in a postsecondary course or courses at a career
2504	institutean area technical center, a public community college,
2505	a public college, or a state university shall not incur academic
2506	or financial penalties by virtue of performing military service
2507	on behalf of our country. Such student shall be permitted the
2508	option of either completing the course or courses at a later
2509	date without penalty or withdrawing from the course or courses
2510	with a full refund of fees paid. If the student chooses to
2511	withdraw, the student's record shall reflect that the withdrawal
2512	is due to active military service.
2513	Section 68. Paragraphs (b), (c), (d), and (g) of
2514	subsection (4) of section 1004.54, Florida Statutes, are amended
2515	to read:
2516	1004.54 Learning Development and Evaluation Center.--
2517	(4) An outreach component shall be established which shall
2518	include:
2519	(b) Working with community colleges, career institutes
2520	technical centers, and community agencies to identify students
2521	who may benefit from the program.
2522	(c) Providing secondary schools, community colleges,
2523	career institutestechnical centers, and community agencies with
2524	a description of methods used by the program for identification
2525	of students who have learning disabilities.
2526	(d) Providing secondary schools, community colleges,
2527	career institutestechnical centers, and community agencies with
2528	a description of program services and the support services
2529	available.
2530	(g) Designing, developing, and implementing, in
2531	cooperation with Florida Agricultural and Mechanical University,
2532	public school districts, community colleges, and career
2533	institutes technical centerswithin the Department of Education,
2534	model programs for the learning disabled student.
2535	Section 69. Subsection (6) of section 1004.65, Florida
2536	Statutes, is amended to read:
2537	1004.65 Community colleges; definition, mission, and
2538	responsibilities.--
2539	(6) The primary mission and responsibility of community
2540	colleges is responding to community needs for postsecondary
2541	academic education and careertechnicaldegree education. This
2542	mission and responsibility includes being responsible for:
2543	(a) Providing lower level undergraduate instruction and
2544	awarding associate degrees.
2545	(b) Preparing students directly for careersvocations
2546	requiring less than baccalaureate degrees. This may include
2547	preparing for job entry, supplementing of skills and knowledge,
2548	and responding to needs in new areas of technology. Career and
2549	technical education in the community college shall consist of
2550	careertechnicalcertificates, credit courses leading to
2551	associate in science degrees and associate in applied science
2552	degrees, and other programs in fields requiring substantial
2553	academic work, background, or qualifications. A community
2554	college may offer career and technicaleducation programs in
2555	fields having lesser academic or technical requirements.
2556	(c) Providing student development services, including
2557	assessment, student tracking, support for disabled students,
2558	advisement, counseling, financial aid, career development, and
2559	remedial and tutorial services, to ensure student success.
2560	(d) Promoting economic development for the state within
2561	each community college district through the provision of special
2562	programs, including, but not limited to, the:
2563	1. Enterprise Florida-related programs.
2564	2. Technology transfer centers.
2565	3. Economic development centers.
2566	4. Workforce literacy programs.
2567	(e) Providing dual enrollment instruction.
2568	Section 70. Paragraph (b) of subsection (3) and paragraph
2569	(a) of subsection (8) of section 1004.73, Florida Statutes, are
2570	amended to read:
2571	1004.73 St. Petersburg College.--
2572	(3) STUDENTS; FEES.--
2573	(b) The Board of Trustees of St. Petersburg College shall
2574	establish the level of tuition and other authorized student fees
2575	consistent with law and proviso in the General Appropriations
2576	Act.
2577	1. For each credit hour of enrollment in a certificate
2578	level course or lower-division level college credit course,
2579	tuition and fees must be within the range authorized in law and
2580	rule for a community college student at that level.
2581	2. For each credit hour of enrollment in an upper-division
2582	level course, matriculation and tuition fees must be in an
2583	amount established by the Board of Trustees of St. Petersburg
2584	College. However, fees for upper-division students must reflect
2585	the fact that the college does not incur the costs of major
2586	research programs. Therefore, the board of trustees shall
2587	establish fees for upper-division students within a range that
2588	is lower than the fees established for students at a state
2589	university but higher than the fees for community college
2590	students.
2591	3. Other mandatory fees and local fees must be at the same
2592	level for all lower-division students. For upper-division
2593	students, other mandatory fees and local fees must be at a level
2594	less than fees established for University of South Florida
2595	students, regardless of program enrollment or level. However,
2596	students in workforce developmenteducation courses maintain the
2597	authorized fee exemptions described in s. 1009.25 and may be
2598	exempt from local fees imposed by the board of trustees, at the
2599	board's discretion.
2600	(8) STATE FUNDING.--
2601	(a) The Legislature intends to fund St. Petersburg College
2602	as a community college for its workforce developmenteducation
2603	programs and for its lower-division level college credit courses
2604	and programs.
2605	Section 71. Subsections (1) and (2) of section 1004.91,
2606	Florida Statutes, are amended to read:
2607	1004.91 Career-preparatoryVocational-preparatory
2608	instruction.--
2609	(1) The State Board of Education shall adopt, by rule,
2610	standards of basic skill mastery for certificate career
2611	technicaleducation programs. Each school district and community
2612	college that conducts programs that confer careertechnical
2613	credit shall provide career-preparatoryvocational-preparatory
2614	instruction through which students receive the basic skills
2615	instruction required pursuant to this section.
2616	(2) Students who enroll in a program offered for career
2617	technicalcredit of 450 hours or more shall complete an entry-
2618	level examination within the first 6 weeks of admission into the
2619	program. The State Board of Education shall designate
2620	examinations that are currently in existence, the results of
2621	which are comparable across institutions, to assess student
2622	mastery of basic skills. Any student found to lack the required
2623	level of basic skills for such program shall be referred to
2624	career-preparatoryvocational-preparatoryinstruction or adult
2625	basic education for a structured program of basic skills
2626	instruction. Such instruction may include English for speakers
2627	of other languages. A student may not receive a careertechnical
2628	certificate of completion without first demonstrating the basic
2629	skills required in the state curriculum frameworks for the
2630	program.
2631	Section 72. Section 1004.92, Florida Statutes, is amended
2632	to read:
2633	1004.92 Purpose and responsibilities for career and
2634	technicaleducation.--
2635	(1) The purpose of career and technicaleducation is to
2636	enable students who complete career and technicalprograms to
2637	attain and sustain employment and realize economic self-
2638	sufficiency. The purpose of this section is to identify issues
2639	related to career and technicaleducation for which school
2640	boards and community college boards of trustees are accountable.
2641	It is the intent of the Legislature that the standards
2642	articulated in subsection (2) be considered in the development
2643	of accountability standards for public schools pursuant to ss.
2644	1000.03, 1001.42(16), and 1008.345 and for community colleges
2645	pursuant to s. 1008.45.
2646	(2)(a) School board, superintendent, and career institute
2647	technical center, and community college board of trustees and
2648	president, accountability for career and technicaleducation
2649	programs includes, but is not limited to:
2650	1. Student demonstration of the academic skills necessary
2651	to enter an occupation.
2652	2. Student preparation to enter an occupation in an entry-
2653	level position or continue postsecondary study.
2654	3. Career and technicalprogram articulation with other
2655	corresponding postsecondary programs and job training
2656	experiences.
2657	4. Employer satisfaction with the performance of students
2658	who complete career and technicaleducation or reach
2659	occupational completion points.
2660	5. Student completion, placement, and retention rates
2661	pursuant to s. 1008.43.
2662	(b) Department of Education accountability for career and
2663	technicaleducation includes, but is not limited to:
2664	1. The provision of timely, accurate technical assistance
2665	to school districts and community colleges.
2666	2. The provision of timely, accurate information to the
2667	State Board of Education, the Legislature, and the public.
2668	3. The development of policies, rules, and procedures that
2669	facilitate institutional attainment of the accountability
2670	standards and coordinate the efforts of all divisions within the
2671	department.
2672	4. The development of program standards and industry-
2673	driven benchmarks for career and technical, adult, and community
2674	education programs, which must be updated every 3 years. The
2675	standards must include careertechnical, academic, and workplace
2676	skills; viability of distance learning for instruction; and
2677	work/learn cycles that are responsive to business and industry.
2678	5. Overseeing school district and community college
2679	compliance with the provisions of this chapter.
2680	6. Ensuring that the educational outcomes for the
2681	technical component of career and technicalprograms are uniform
2682	and designed to provide a graduate who is capable of entering
2683	the workforce on an equally competitive basis regardless of the
2684	institution of choice.
2685	(3) Each career institutetechnical centeroperated by a
2686	district school board shall establish an institutea center
2687	advisory council pursuant to s. 1001.452. The institutecenter
2688	advisory council shall assist in the preparation and evaluation
2689	of institutecenterimprovement plans required pursuant to s.
2690	1001.42(16) and may provide assistance, upon the request of the
2691	institute center director, in the preparation of the institute's
2692	center'sannual budget and plan as required by s. 1008.385(1).
2693	Section 73. Paragraph (b) of subsection (1), paragraph (d)
2694	of subsection (2), and paragraph (c) of subsection (4) of
2695	section 1004.93, Florida Statutes, are amended to read:
2696	1004.93 Adult general education.--
2697	(1)
2698	(b) It is further intended that educational opportunities
2699	be available for adults who have earned a diploma or high school
2700	equivalency diploma but who lack the basic skills necessary to
2701	function effectively in everyday situations, to enter the job
2702	market, or to enter careertechnicalcertificate instruction.
2703	(2) The adult education program must provide academic
2704	services to students in the following priority:
2705	(d) Students who have earned high school diplomas and
2706	require specific improvement in order to:
2707	1. Obtain or maintain employment or benefit from
2708	certificate careertechnicaleducation programs;
2709	2. Pursue a postsecondary degree; or
2710	3. Develop competence in the English language to qualify
2711	for employment.
2712	(4)
2713	(c) The State Board of Education shall define, by rule,
2714	the levels and courses of instruction to be funded through the
2715	college-preparatory program. The state board shall coordinate
2716	the establishment of costs for college-preparatory courses, the
2717	establishment of statewide standards that define required levels
2718	of competence, acceptable rates of student progress, and the
2719	maximum amount of time to be allowed for completion of college-
2720	preparatory instruction. College-preparatory instruction is part
2721	of an associate in arts degree program and may not be funded as
2722	an adult careerand technicaleducation program.
2723	Section 74. Subsection (2) of section 1004.98, Florida
2724	Statutes, is amended to read:
2725	1004.98 Workforce literacy programs.--
2726	(2) Each community college and school district may conduct
2727	courses and programs through which adults gain the communication
2728	and computation skills necessary to complete a career and
2729	technicalprogram, to gain or maintain entry-level employment,
2730	or to upgrade employment. Courses may not be conducted until the
2731	community college or school district identifies current and
2732	prospective employees who do not possess the skills necessary to
2733	enter career and technicalprograms or to obtain or maintain
2734	employment.
2735	Section 75. Paragraph (c) of subsection (2) of section
2736	1005.21, Florida Statutes, is amended to read:
2737	1005.21 Commission for Independent Education.--
2738	(2) The Commission for Independent Education shall consist
2739	of seven members who are residents of this state. The commission
2740	shall function in matters concerning independent postsecondary
2741	educational institutions in consumer protection, program
2742	improvement, and licensure for institutions under its purview.
2743	The Governor shall appoint the members of the commission who are
2744	subject to confirmation by the Senate. The membership of the
2745	commission shall consist of:
2746	(c) One member from a public school district or community
2747	college who is an administrator of career and technical
2748	education.
2749	Section 76. Subsections (2) and (5) of section 1006.035,
2750	Florida Statutes, are amended to read:
2751	1006.035 Dropout reentry and mentor project.--
2752	(2) The project shall identify 15 black students in each
2753	location who have dropped out of high school but were not
2754	encountering academic difficulty when they left school. Students
2755	chosen to participate may not have a high school diploma, be
2756	enrolled in an adult general education program which includes a
2757	GED program or an adult high school, or be enrolled in a career
2758	institutetechnical school. Students may be employed but must be
2759	able to adjust their work schedules to accommodate classes and
2760	project sessions. Priority must be given to students who have
2761	dropped out of school within the last 3 years.
2762	(5) Selected project participants shall be evaluated and
2763	enrolled in a GED program, regular high school, career institute
2764	technical school, or alternative school. In conjunction with
2765	school guidance personnel, project staff shall design a
2766	supplemental program to reinforce basic skills, provide
2767	additional counseling, and offer tutorial assistance. Weekly,
2768	project staff shall monitor students' attendance, performance,
2769	homework, and attitude toward school.
2770	Section 77. Subsection (1) of section 1006.051, Florida
2771	Statutes, is amended to read:
2772	1006.051 Sunshine Workforce Solutions Grant Program.--
2773	(1) The Legislature recognizes the need for school
2774	districts to be able to respond to critical workforce shortages
2775	in nursing. The Sunshine Workforce Solutions Grant Program is
2776	created to provide grants to school districts on a competitive
2777	basis to fund all or some of the costs associated with
2778	establishing an exploratory program in nursing at the middle
2779	school level or a comprehensive career and technicaleducation
2780	program within a high school that provides a program of study in
2781	nursing that will provide a seamless transition to appropriate
2782	postsecondary education or employment.
2783	(a) A comprehensive career and technicaleducation program
2784	within a high school that provides a program of study in nursing
2785	must be certified or endorsed by the Florida Board of Nursing to
2786	ensure that all components of the program are relevant and
2787	appropriate to prepare the student for further education and
2788	employment in nursing.
2789	(b) For career and technicaleducation programs in which
2790	high school credit is articulated to a related postsecondary
2791	education program, there must be an articulation agreement that
2792	ensures seamless transition from one level to the next without a
2793	loss of credit for the student.
2794	(c) Participation in work-based learning experiences, as
2795	defined in rule by the Department of Education, shall be
2796	required in career and technicaleducation programs at the high
2797	school level.
2798	Section 78. Paragraph (c) of subsection (3) of section
2799	1006.21, Florida Statutes, is amended to read:
2800	1006.21 Duties of district school superintendent and
2801	district school board regarding transportation.--
2802	(3) District school boards, after considering
2803	recommendations of the district school superintendent:
2804	(c) May provide transportation for public school migrant,
2805	exceptional, nursery, and other public school students in
2806	membership below kindergarten; kindergarten through grade 12
2807	students in membership in a public school; and adult students in
2808	membership in adult career and technical, basic, and high school
2809	graduation programs in a public school when, and only when,
2810	transportation is necessary to provide adequate educational
2811	facilities and opportunities which otherwise would not be
2812	available.
2813	Section 79. Paragraph (a) of subsection (4) of section
2814	1006.31, Florida Statutes, is amended to read:
2815	1006.31 Duties of each state instructional materials
2816	committee.--The duties of each state instructional materials
2817	committee are:
2818	(4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate
2819	carefully all instructional materials submitted, to ascertain
2820	which instructional materials, if any, submitted for
2821	consideration best implement the selection criteria developed by
2822	the commissioner and those curricular objectives included within
2823	applicable performance standards provided for in s. 1001.03(1).
2824	(a) When recommending instructional materials for use in
2825	the schools, each committee shall include only instructional
2826	materials that accurately portray the ethnic, socioeconomic,
2827	cultural, and racial diversity of our society, including men and
2828	women in professional, career and technical, and executive
2829	roles, and the role and contributions of the entrepreneur and
2830	labor in the total development of this state and the United
2831	States.
2832
2833	The findings of the committees, including the evaluation of
2834	instructional materials, shall be in sessions open to the
2835	public. All decisions leading to determinations of the
2836	committees shall be by roll call vote, and at no time will a
2837	secret ballot be permitted.
2838	Section 80. Paragraph (a) of subsection (2) and paragraph
2839	(b) of subsection (3) of section 1007.21, Florida Statutes, are
2840	amended to read:
2841	1007.21 Readiness for postsecondary education and the
2842	workplace.--
2843	(2)(a) Students entering the 9th grade and their parents
2844	shall be active participants in choosing an end-of-high-school
2845	student destination based upon both student and parent or
2846	guardian goals. Four or more destinations should be available
2847	with bridges between destinations to enable students to shift
2848	destinations should they choose to change goals. The
2849	destinations shall accommodate the needs of students served in
2850	exceptional education programs to the extent appropriate for
2851	individual students. Exceptional education students may continue
2852	to follow the courses outlined in the district school board
2853	student progression plan. Participating students and their
2854	parents shall choose among destinations, which must include:
2855	1. Four-year college or university, community college plus
2856	university, or military academy.
2857	2. Two-year postsecondary degree.
2858	3. Postsecondary career and technicalcertificate.
2859	4. Immediate employment or entry-level military.
2860	(3)
2861	(b) The school principal shall:
2862	1. Designate a member of the existing instructional or
2863	administrative staff to serve as a specialist to help coordinate
2864	the use of student achievement strategies to help students
2865	succeed in their coursework. The specialist shall also assist
2866	teachers in integrating the academic and career and technical
2867	curricula, utilizing technology, providing feedback regarding
2868	student achievement, and implementing the Blueprint for Career
2869	Preparation and Tech Prep programs.
2870	2. Institute strategies to eliminate reading, writing, and
2871	mathematics deficiencies of secondary students.
2872	Section 81. Paragraph (c) of subsection (1) of section
2873	1007.23, Florida Statutes, is amended to read:
2874	1007.23 Statewide articulation agreement.--
2875	(1) The State Board of Education shall establish in rule a
2876	statewide articulation agreement that governs:
2877	(c) Admission of applied technology diploma program
2878	graduates from community colleges or career institutestechnical
2879	centers;
2880	Section 82. Subsection (2) of section 1007.24, Florida
2881	Statutes, is amended to read:
2882	1007.24 Statewide course numbering system.--
2883	(2) The Commissioner of Education shall appoint faculty
2884	committees representing faculties of participating institutions
2885	to recommend a single level for each course, including
2886	postsecondary career and technicaleducation courses, included
2887	in the statewide course numbering system.
2888	(a) Any course designated as an upper-division-level
2889	course must be characterized by a need for advanced academic
2890	preparation and skills that a student would be unlikely to
2891	achieve without significant prior coursework.
2892	(b) A course that is offered as part of an associate in
2893	science degree program and as an upper-division course for a
2894	baccalaureate degree shall be designated for both the lower and
2895	upper division.
2896	(c) A course designated as lower-division may be offered
2897	by any community college.
2898	Section 83. Subsections (2) and (11) of section 1007.25,
2899	Florida Statutes, are amended to read:
2900	1007.25 General education courses; common prerequisites;
2901	and other degree requirements.--
2902	(2) The department shall identify postsecondary career and
2903	technicaleducation programs offered by community colleges and
2904	district school boards. The department shall also identify
2905	career and technicalcourses designated as college credit
2906	courses applicable toward a career and technicaleducation
2907	diploma or degree. Such courses must be identified within the
2908	statewide course numbering system.
2909	(11) The Commissioner of Education shall appoint faculty
2910	committees representing both community college and public school
2911	faculties to recommend to the commissioner for approval by the
2912	State Board of Education a standard program length and
2913	appropriate occupational completion points for each
2914	postsecondary career and technicalcertificate program, diploma,
2915	and degree.
2916	Section 84. Subsection (4) of section 1007.27, Florida
2917	Statutes, is amended to read:
2918	1007.27 Articulated acceleration mechanisms.--
2919	(4) It is the intent of the Legislature to provide
2920	articulated acceleration mechanisms for students who are in home
2921	education programs, as defined in s. 1003.01(11), consistent
2922	with the educational opportunities available to public and
2923	private secondary school students. Home education students may
2924	participate in dual enrollment, career and technicaldual
2925	enrollment, early admission, and credit by examination. Credit
2926	earned by home education students through dual enrollment shall
2927	apply toward the completion of a home education program that
2928	meets the requirements of s. 1002.41.
2929	Section 85. Subsections (1), (3), (4), (8), and (10) of
2930	section 1007.271, Florida Statutes, are amended to read:
2931	1007.271 Dual enrollment programs.--
2932	(1) The dual enrollment program is the enrollment of an
2933	eligible secondary student or home education student in a
2934	postsecondary course creditable toward a career and technical
2935	certificate or an associate or baccalaureate degree.
2936	(3) The Department of Education shall adopt guidelines
2937	designed to achieve comparability across school districts of
2938	both student qualifications and teacher qualifications for dual
2939	enrollment courses. Student qualifications must demonstrate
2940	readiness for college-level coursework if the student is to be
2941	enrolled in college courses. Student qualifications must
2942	demonstrate readiness for career-levelcareer and technical-
2943	level coursework if the student is to be enrolled in career and
2944	technicalcourses. In addition to the common placement
2945	examination, student qualifications for enrollment in college
2946	credit dual enrollment courses must include a 3.0 unweighted
2947	grade point average, and student qualifications for enrollment
2948	in career and technical certificate dual enrollment courses must
2949	include a 2.0 unweighted grade point average. Exceptions to the
2950	required grade point averages may be granted if the educational
2951	entities agree and the terms of the agreement are contained
2952	within the dual enrollment interinstitutional articulation
2953	agreement. Community college boards of trustees may establish
2954	additional admissions criteria, which shall be included in the
2955	district interinstitutional articulation agreement developed
2956	according to s. 1007.235, to ensure student readiness for
2957	postsecondary instruction. Additional requirements included in
2958	the agreement shall not arbitrarily prohibit students who have
2959	demonstrated the ability to master advanced courses from
2960	participating in dual enrollment courses. District school boards
2961	may not refuse to enter into an agreement with a local community
2962	college if that community college has the capacity to offer dual
2963	enrollment courses.
2964	(4) Career and technicaldual enrollment shall be provided
2965	as a curricular option for secondary students to pursue in order
2966	to earn a series of elective credits toward the high school
2967	diploma. However, career and technicaldual enrollment shall not
2968	supplant student acquisition of the diploma. Career and
2969	technicaldual enrollment shall be available for secondary
2970	students seeking a degree or certificate from a complete career-
2971	preparatoryjob-preparatoryprogram, but shall not sustain
2972	student enrollment in isolated career and technicalcourses. It
2973	is the intent of the Legislature that career and technicaldual
2974	enrollment reflect the interests and aptitudes of the student.
2975	The provision of a comprehensive academic and career and
2976	technical dual enrollment program within the career institute
2977	area technical centeror community college is supportive of
2978	legislative intent; however, such provision is not mandatory.
2979	(8) Career and technicalearly admission is a form of
2980	career and technicaldual enrollment through which eligible
2981	secondary students enroll full time in a career institutean
2982	area technical centeror a community college in courses that are
2983	creditable toward the high school diploma and the certificate or
2984	associate degree. Participation in the career and technical
2985	early admission program shall be limited to students who have
2986	completed a minimum of 6 semesters of full-time secondary
2987	enrollment, including studies undertaken in the ninth grade.
2988	Students enrolled pursuant to this section are exempt from the
2989	payment of registration, tuition, and laboratory fees.
2990	(10)(a) The dual enrollment program for home education
2991	students consists of the enrollment of an eligible home
2992	education secondary student in a postsecondary course creditable
2993	toward an associate degree, a career or technicalcertificate,
2994	or a baccalaureate degree. To participate in the dual enrollment
2995	program, an eligible home education secondary student must:
2996	1. Provide proof of enrollment in a home education program
2997	pursuant to s. 1002.41.
2998	2. Be responsible for his or her own instructional
2999	materials and transportation unless provided for otherwise.
3000	(b) Each career institutetechnical center, community
3001	college, and state university shall:
3002	1. Delineate courses and programs for dually enrolled home
3003	education students. Courses and programs may be added, revised,
3004	or deleted at any time.
3005	2. Identify eligibility criteria for home education
3006	student participation, not to exceed those required of other
3007	dually enrolled students.
3008	Section 86. Subsection (1) of section 1008.37, Florida
3009	Statutes, is amended to read:
3010	1008.37 Postsecondary feedback of information to high
3011	schools.--
3012	(1) The State Board of Education shall adopt rules that
3013	require the Commissioner of Education to report to the State
3014	Board of Education, the Legislature, and the district school
3015	boards on the performance of each first-time-in-postsecondary
3016	education student from each public high school in this state who
3017	is enrolled in a public postsecondary institution or public
3018	career institutetechnical center. Such reports must be based on
3019	information databases maintained by the Department of Education.
3020	In addition, the public postsecondary educational institutions
3021	and career institutestechnical centersshall provide district
3022	school boards access to information on student performance in
3023	regular and preparatory courses and shall indicate students
3024	referred for remediation pursuant to s. 1004.91 or s. 1008.30.
3025	Section 87. Paragraph (b) of subsection (1) of section
3026	1008.385, Florida Statutes, is amended to read:
3027	1008.385 Educational planning and information systems.--
3028	(1) EDUCATIONAL PLANNING.--
3029	(b) Each district school board shall maintain a continuing
3030	system of planning and budgeting designed to aid in identifying
3031	and meeting the educational needs of students and the public.
3032	Provision shall be made for coordination between district school
3033	boards and community college boards of trustees concerning the
3034	planning for career and technicaleducation and adult
3035	educational programs. The major emphasis of the system shall be
3036	upon locally determined goals and objectives, the state plan for
3037	education, and the Sunshine State Standards developed by the
3038	Department of Education and adopted by the State Board of
3039	Education. The district planning and budgeting system must
3040	include consideration of student achievement data obtained
3041	pursuant to ss. 1008.22 and 1008.34. The system shall be
3042	structured to meet the specific management needs of the district
3043	and to align the budget adopted by the district school board
3044	with the plan the board has also adopted. Each district school
3045	board shall utilize its system of planning and budgeting to
3046	emphasize a system of school-based management in which
3047	individual school centers become the principal planning units
3048	and to integrate planning and budgeting at the school level.
3049	Section 88. Section 1008.405, Florida Statutes, is amended
3050	to read:
3051	1008.405 Adult student information.--Each school district
3052	and community college shall maintain sufficient information for
3053	each student enrolled in workforce developmenteducation to
3054	allow local and state administrators to locate such student upon
3055	the termination of instruction and to determine the
3056	appropriateness of student placement in specific instructional
3057	programs. The State Board of Education shall adopt, in rule,
3058	specific information that must be maintained and acceptable
3059	means of maintaining that information.
3060	Section 89. Subsections (1) and (2) of section 1008.41,
3061	Florida Statutes, are amended to read:
3062	1008.41 Workforce Developmenteducation; management
3063	information system.--
3064	(1) The Commissioner of Education shall coordinate uniform
3065	program structures, common definitions, and uniform management
3066	information systems for workforce developmenteducation for all
3067	divisions within the department. In performing these functions,
3068	the commissioner shall designate deadlines after which data
3069	elements may not be changed for the coming fiscal or school
3070	year. School districts and community colleges shall be notified
3071	of data element changes at least 90 days prior to the start of
3072	the subsequent fiscal or school year. Such systems must provide
3073	for:
3074	(a) Individual student reporting.
3075	(b) Compliance with state and federal confidentiality
3076	requirements, except that the department shall have access to
3077	the unemployment insurance wage reports to collect and report
3078	placement information about former students. Such placement
3079	reports must not disclose the individual identities of former
3080	students.
3081	(c) Maximum use of automated technology and records in
3082	existing data bases and data systems. To the extent feasible,
3083	the Florida Information Resource Network shall be employed for
3084	this purpose.
3085	(d) Annual reports of student enrollment, completion, and
3086	placement by program.
3087	(2) The State Board of Education shall identify, by rule,
3088	the components to be included in the workforce development
3089	education management information system. All such components
3090	shall be comparable between school districts and community
3091	colleges.
3092	Section 90. Subsection (2) of section 1008.42, Florida
3093	Statutes, is amended to read:
3094	1008.42 Public information on career and technical
3095	education programs.--
3096	(2) The dissemination shall be conducted in accordance
3097	with the following procedures:
3098	(a) Annually, the Department of Education shall publish
3099	the placement rates and average quarterly earnings for students
3100	who complete each type of careertechnicalcertificate program
3101	and careertechnicaldegree program. This information must be
3102	aggregated to the state level and must be included in any
3103	accountability reports. A program that was created or modified
3104	so that placement rates cannot be calculated must be so
3105	identified in such reports.
3106	(b)1. Each district school board shall publish, at a
3107	minimum, the most recently available placement rate for each
3108	careertechnicalcertificate program conducted by that school
3109	district at the secondary school level and at the career
3110	technicaldegree level. The placement rates for the preceding 3
3111	years shall be published if available, shall be included in each
3112	publication that informs the public of the availability of the
3113	program, and shall be made available to each school guidance
3114	counselor. If a program does not have a placement rate, a
3115	publication that lists or describes that program must state that
3116	the rate is unavailable.
3117	2. Each community college shall publish, at a minimum, the
3118	most recent placement rate for each careertechnicalcertificate
3119	program and for each careertechnicaldegree program in its
3120	annual catalog. The placement rates for the preceding 3 years
3121	shall be published, if available, and shall be included in any
3122	publication that informs the public of the availability of the
3123	program. If a program does not have a placement rate, the
3124	publication that lists or describes that program must state that
3125	the rate is unavailable.
3126	3. If a school district or a community college has
3127	calculated for a program a placement rate that differs from the
3128	rate reported by the department, and if each record of a
3129	placement was obtained through a process that was capable of
3130	being audited, procedurally sound, and consistent statewide, the
3131	district or the community college may use the locally calculated
3132	placement rate in the report required by this section. However,
3133	that rate may not be combined with the rate maintained in the
3134	computer files of the Department of Education's Florida
3135	Education and Training Placement Information Program.
3136	4. An independent career and technical, trade, or business
3137	school may not publish a placement rate unless the placement
3138	rate was determined as provided by this section.
3139	Section 91. Paragraphs (a) and (c) of subsection (1) and
3140	subsection (2) of section 1008.43, Florida Statutes, are amended
3141	to read:
3142	1008.43 Career and technicalprogram reporting
3143	requirements.--
3144	(1)(a) The Department of Education shall develop a system
3145	of performance measures in order to evaluate the career and
3146	technicaleducation programs as required in s. 1008.42. This
3147	system must measure program enrollment, completion rates,
3148	placement rates, and amount of earnings at the time of
3149	placement. Placement and employment information, where
3150	applicable, shall contain data relevant to job retention,
3151	including retention rates. The State Board of Education shall
3152	adopt by rule the specific measures and any definitions needed
3153	to establish the system of performance measures.
3154	(c) The State Board of Education shall adopt standards for
3155	the department, district school boards, and community college
3156	district boards of trustees to use in program planning, program
3157	review, and program evaluation. The standards must include, at a
3158	minimum, the completion rates, placement rates, and earnings
3159	from employment of former students of career and technical
3160	education programs.
3161	(2) The State Board of Education shall adopt procedures
3162	for reviewing the career and technicaleducation programs
3163	administered by the district school boards and the community
3164	college district boards of trustees when program performance
3165	falls below the standards required by this section.
3166	Section 92. Paragraphs (d) and (f) of subsection (1) of
3167	section 1008.45, Florida Statutes, are amended to read:
3168	1008.45 Community college accountability process.--
3169	(1) It is the intent of the Legislature that a management
3170	and accountability process be implemented which provides for the
3171	systematic, ongoing improvement and assessment of the
3172	improvement of the quality and efficiency of the Florida
3173	community colleges. Accordingly, the State Board of Education
3174	and the community college boards of trustees shall develop and
3175	implement an accountability plan to improve and evaluate the
3176	instructional and administrative efficiency and effectiveness of
3177	the Florida Community College System. This plan shall be
3178	designed in consultation with staff of the Governor and the
3179	Legislature and must address the following issues:
3180	(d) Job placement rates of community college career and
3181	technicalstudents.
3182	(f) Career and technicalaccountability standards
3183	identified in s. 1008.42.
3184	Section 93. Subsection (1), paragraph (a) of subsection
3185	(3), and subsections (5), (12), and (13) of section 1009.22,
3186	Florida Statutes, are amended to read:
3187	1009.22 Workforce development postsecondary student fees.-
3188	-
3189	(1) This section applies to students enrolled in workforce
3190	development programs who are reported for funding through the
3191	Workforce DevelopmentEducation Fund, except that college credit
3192	fees for the community colleges are governed by s. 1009.23.
3193	(3)(a) The Commissioner of Education shall provide to the
3194	State Board of Education no later than December 31 of each year
3195	a schedule of fees for workforce developmenteducation,
3196	excluding continuing workforce education, for school districts
3197	and community colleges. The fee schedule shall be based on the
3198	amount of student fees necessary to produce 25 percent of the
3199	prior year's average cost of a course of study leading to a
3200	certificate or diploma. Except as otherwise provided by law,
3201	fees for students who are not residents for tuition purposes
3202	must offset the full cost of instruction. Fee-nonexempt students
3203	enrolled in vocational-preparatory instruction shall be charged
3204	fees equal to the fees charged for certificate career education
3205	instruction. Each community college that conducts college-
3206	preparatory and vocational-preparatory instruction in the same
3207	class section may charge a single fee for both types of
3208	instruction.
3209	(5) Each district school board and community college board
3210	of trustees may establish a separate fee for financial aid
3211	purposes in an additional amount of up to 10 percent of the
3212	student fees collected for workforce development programs funded
3213	through the Workforce DevelopmentEducation Fund. All fees
3214	collected shall be deposited into a separate workforce
3215	development student financial aid fee trust fund of the school
3216	district or community college to support students enrolled in
3217	workforce development programs. Any undisbursed balance
3218	remaining in the trust fund and interest income accruing to
3219	investments from the trust fund shall increase the total funds
3220	available for distribution to workforce developmenteducation
3221	students. Awards shall be based on student financial need and
3222	distributed in accordance with a nationally recognized system of
3223	need analysis approved by the State Board of Education. Fees
3224	collected pursuant to this subsection shall be allocated in an
3225	expeditious manner.
3226	(12) Any school district or community college that reports
3227	students who have not paid fees in an approved manner in
3228	calculations of full-time equivalent enrollments for state
3229	funding purposes shall be penalized at a rate equal to 2 times
3230	the value of such enrollments. Such penalty shall be charged
3231	against the following year's allocation from the Florida
3232	Workforce DevelopmentEducation Fund or the Community College
3233	Program Fund and shall revert to the General Revenue Fund. The
3234	State Board of Education shall specify, in rule, approved
3235	methods of student fee payment. Such methods must include, but
3236	need not be limited to, student fee payment; payment through
3237	federal, state, or institutional financial aid; and employer fee
3238	payments.
3239	(13) Each school district and community college shall
3240	report only those students who have actually enrolled in
3241	instruction provided or supervised by instructional personnel
3242	under contract with the district or community college in
3243	calculations of actual full-time enrollments for state funding
3244	purposes. A student who has been exempted from taking a course
3245	or who has been granted academic or technical credit through
3246	means other than actual coursework completed at the granting
3247	institution may not be calculated for enrollment in the course
3248	from which the student has been exempted or for which the
3249	student has been granted credit. School districts and community
3250	colleges that report enrollments in violation of this subsection
3251	shall be penalized at a rate equal to 2 times the value of such
3252	enrollments. Such penalty shall be charged against the following
3253	year's allocation from the Workforce DevelopmentEducation Fund
3254	and shall revert to the General Revenue Fund.
3255	Section 94. Subsections (1) and (2) of section 1009.25,
3256	Florida Statutes, are amended to read:
3257	1009.25 Fee exemptions.--
3258	(1) The following students are exempt from any requirement
3259	for the payment of tuition and fees, including lab fees, for
3260	adult basic, adult secondary, or career-preparatoryvocational-
3261	preparatoryinstruction:
3262	(a) A student who does not have a high school diploma or
3263	its equivalent.
3264	(b) A student who has a high school diploma or its
3265	equivalent and who has academic skills at or below the eighth
3266	grade level pursuant to state board rule. A student is eligible
3267	for this exemption from fees if the student's skills are at or
3268	below the eighth grade level as measured by a test administered
3269	in the English language and approved by the Department of
3270	Education, even if the student has skills above that level when
3271	tested in the student's native language.
3272	(2) The following students are exempt from the payment of
3273	tuition and fees, including lab fees, at a school district that
3274	provides postsecondary career and technicalprograms, community
3275	college, or state university:
3276	(a) A student enrolled in a dual enrollment or early
3277	admission program pursuant to s. 1007.27 or s. 1007.271.
3278	(b) A student enrolled in an approved apprenticeship
3279	program, as defined in s. 446.021.
3280	(c) A student to whom the state has awarded a Road-to-
3281	Independence Scholarship, or who is or was at the time he or she
3282	reached 18 years of age in the custody of a relative under s.
3283	39.5085, or who is adopted from the Department of Children and
3284	Family Services after May 5, 1997. Such exemption includes fees
3285	associated with enrollment in career-preparatoryvocational-
3286	preparatoryinstruction and completion of the college-level
3287	communication and computation skills testing program. Such an
3288	exemption is available to any student who was in the custody of
3289	a relative under s. 39.5085 at the time he or she reached 18
3290	years of age or was adopted from the Department of Children and
3291	Family Services after May 5, 1997; however, the exemption
3292	remains valid for no more than 4 years after the date of
3293	graduation from high school.
3294	(d) A student enrolled in an employment and training
3295	program under the welfare transition program. The regional
3296	workforce board shall pay the state university, community
3297	college, or school district for costs incurred for welfare
3298	transition program participants.
3299	(e) A student who lacks a fixed, regular, and adequate
3300	nighttime residence or whose primary nighttime residence is a
3301	public or private shelter designed to provide temporary
3302	residence for individuals intended to be institutionalized, or a
3303	public or private place not designed for, or ordinarily used as,
3304	a regular sleeping accommodation for human beings.
3305	(f) A student who is a proprietor, owner, or worker of a
3306	company whose business has been at least 50 percent negatively
3307	financially impacted by the buy-out of property around Lake
3308	Apopka by the State of Florida. Such a student may receive a fee
3309	exemption only if the student has not received compensation
3310	because of the buy-out, the student is designated a Florida
3311	resident for tuition purposes, pursuant to s. 1009.21, and the
3312	student has applied for and been denied financial aid, pursuant
3313	to s. 1009.40, which would have provided, at a minimum, payment
3314	of all student fees. The student is responsible for providing
3315	evidence to the postsecondary education institution verifying
3316	that the conditions of this paragraph have been met, including
3317	support documentation provided by the Department of Revenue. The
3318	student must be currently enrolled in, or begin coursework
3319	within, a program area by fall semester 2000. The exemption is
3320	valid for a period of 4 years from the date that the
3321	postsecondary education institution confirms that the conditions
3322	of this paragraph have been met.
3323	Section 95. Paragraph (a) of subsection (1) of section
3324	1009.40, Florida Statutes, is amended to read:
3325	1009.40 General requirements for student eligibility for
3326	state financial aid.--
3327	(1)(a) The general requirements for eligibility of
3328	students for state financial aid awards consist of the
3329	following:
3330	1. Achievement of the academic requirements of and
3331	acceptance at a state university or community college; a nursing
3332	diploma school approved by the Florida Board of Nursing; a
3333	Florida college, university, or community college which is
3334	accredited by an accrediting agency recognized by the State
3335	Board of Education; any Florida institution the credits of which
3336	are acceptable for transfer to state universities; any career
3337	institutetechnical center; or any private careertechnical
3338	institution accredited by an accrediting agency recognized by
3339	the State Board of Education.
3340	2. Residency in this state for no less than 1 year
3341	preceding the award of aid for a program established pursuant to
3342	s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
3343	1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
3344	1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
3345	1009.89. Residency in this state must be for purposes other than
3346	to obtain an education. Resident status for purposes of
3347	receiving state financial aid awards shall be determined in the
3348	same manner as resident status for tuition purposes pursuant to
3349	s. 1009.21 and rules of the State Board of Education.
3350	3. Submission of certification attesting to the accuracy,
3351	completeness, and correctness of information provided to
3352	demonstrate a student's eligibility to receive state financial
3353	aid awards. Falsification of such information shall result in
3354	the denial of any pending application and revocation of any
3355	award currently held to the extent that no further payments
3356	shall be made. Additionally, students who knowingly make false
3357	statements in order to receive state financial aid awards shall
3358	be guilty of a misdemeanor of the second degree subject to the
3359	provisions of s. 837.06 and shall be required to return all
3360	state financial aid awards wrongfully obtained.
3361	Section 96. Subsection (2) of section 1009.532, Florida
3362	Statutes, is amended to read:
3363	1009.532 Florida Bright Futures Scholarship Program;
3364	student eligibility requirements for renewal awards.--
3365	(2) A student who is enrolled in a program that terminates
3366	in an associate degree or a baccalaureate degree may receive an
3367	award for a maximum of 110 percent of the number of credit hours
3368	required to complete the program. A student who is enrolled in a
3369	program that terminates in a careertechnicalcertificate may
3370	receive an award for a maximum of 110 percent of the credit
3371	hours or clock hours required to complete the program up to 90
3372	credit hours. A student who transfers from one of these program
3373	levels to another becomes eligible for the higher of the two
3374	credit hour limits.
3375	Section 97. Subsection (1) of section 1009.533, Florida
3376	Statutes, is amended to read:
3377	1009.533 Florida Bright Futures Scholarship Program;
3378	eligible postsecondary education institutions.--A student is
3379	eligible for an award or the renewal of an award from the
3380	Florida Bright Futures Scholarship Program if the student meets
3381	the requirements for the program as described in this act and is
3382	enrolled in a postsecondary education institution that meets the
3383	description in any one of the following subsections:
3384	(1) A Florida public university, community college, or
3385	career institutetechnical center.
3386	Section 98. Section 1009.536, Florida Statutes, is amended
3387	to read:
3388	1009.536 Florida Gold Seal Vocational Scholars award.--The
3389	Florida Gold Seal Vocational Scholars award is created within
3390	the Florida Bright Futures Scholarship Program to recognize and
3391	reward academic achievement and career and technicalpreparation
3392	by high school students who wish to continue their education.
3393	(1) A student is eligible for a Florida Gold Seal
3394	Vocational Scholars award if the student meets the general
3395	eligibility requirements for the Florida Bright Futures
3396	Scholarship Program and the student:
3397	(a) Completes the secondary school portion of a sequential
3398	program of studies that requires at least three secondary school
3399	career and technicalcredits taken over at least 2 academic
3400	years, and is continued in a planned, related postsecondary
3401	education program. If the student's school does not offer such a
3402	two-plus-two or tech-prep program, the student must complete a
3403	job-preparatory career education program selected by the
3404	Workforce Estimating Conference or Workforce Florida, Inc., for
3405	its ability to provide high-wage employment in an occupation
3406	with high potential for employment opportunities. On-the-job
3407	training may not be substituted for any of the three required
3408	career and technicalcredits.
3409	(b) Demonstrates readiness for postsecondary education by
3410	earning a passing score on the Florida College Entry Level
3411	Placement Test or its equivalent as identified by the Department
3412	of Education.
3413	(c) Earns a minimum cumulative weighted grade point
3414	average of 3.0, as calculated pursuant to s. 1009.531, on all
3415	subjects required for a standard high school diploma, excluding
3416	elective courses.
3417	(d) Earns a minimum unweighted grade point average of 3.5
3418	on a 4.0 scale for secondary career and technical courses
3419	comprising the career and technicalprogram.
3420	(2) A Florida Gold Seal Vocational Scholar is eligible for
3421	an award equal to the amount required to pay 75 percent of
3422	tuition and fees, if the student is enrolled in a public
3423	postsecondary education institution. A student who is enrolled
3424	in a nonpublic postsecondary education institution is eligible
3425	for an award equal to the amount that would be required to pay
3426	75 percent of the tuition and mandatory fees of a public
3427	postsecondary education institution at the comparable level.
3428	(3) To be eligible for a renewal award as a Florida Gold
3429	Seal Vocational Scholar, a student must maintain the equivalent
3430	of a cumulative grade point average of 2.75 on a 4.0 scale with
3431	an opportunity for reinstatement one time as provided in this
3432	chapter.
3433	(4) A student may earn a Florida Gold Seal Vocational
3434	Scholarship for 110 percent of the number of credit hours
3435	required to complete the program, up to 90 credit hours or the
3436	equivalent. A Florida Gold Seal Scholar who has a cumulative
3437	grade point average of 2.75 in all postsecondary education work
3438	attempted may apply for a Florida Medallion Scholars award at
3439	any renewal period. All other provisions of that program apply,
3440	and the credit-hour limitation must be calculated by subtracting
3441	from the student's total eligibility the number of credit hours
3442	the student attempted while earning the Gold Seal Vocational
3443	Scholarship.
3444	Section 99. Paragraph (d) of subsection (2) and paragraph
3445	(c) of subsection (3) of section 1009.55, Florida Statutes, are
3446	amended to read:
3447	1009.55 Rosewood Family Scholarship Program.--
3448	(2) The Rosewood Family Scholarship Program shall be
3449	administered by the Department of Education. The State Board of
3450	Education shall adopt rules for administering this program which
3451	shall at a minimum provide for the following:
3452	(d) Payment of an award shall be transmitted in advance of
3453	the registration period each semester on behalf of the student
3454	to the president of the university or community college, or his
3455	or her representative, or to the director of the career
3456	institute technical schoolwhich the recipient is attending.
3457	(3) Beginning with the 1994-1995 academic year, the
3458	department is authorized to make awards for undergraduate study
3459	to students who:
3460	(c) Enroll as certificate-seeking or degree-seeking
3461	students at a state university, community college, or career
3462	institutetechnical schoolauthorized by law.
3463	Section 100. Paragraph (c) of subsection (1) of section
3464	1009.61, Florida Statutes, is amended to read:
3465	1009.61 Teacher/Quest Scholarship Program.--The
3466	Teacher/Quest Scholarship Program is created for the purpose of
3467	providing teachers with the opportunity to enhance their
3468	knowledge of science, mathematics, and computer applications in
3469	business, industry, and government. A school district or
3470	developmental research school may propose that one or more
3471	teachers be granted a Teacher/Quest Scholarship by submitting to
3472	the Department of Education:
3473	(1) A project proposal specifying activities a teacher
3474	will carry out to improve his or her:
3475	(c) Knowledge of career and technicalrequirements for
3476	competency in mathematics, science, and computing; and
3477	Section 101. Subsection (4) and paragraph (a) of
3478	subsection (6) of section 1009.64, Florida Statutes, are amended
3479	to read:
3480	1009.64 Certified Education Paraprofessional Welfare
3481	Transition Program.--
3482	(4) The agencies shall complete an implementation plan
3483	that addresses at least the following recommended components of
3484	the program:
3485	(a) A method of selecting participants. The method must
3486	not duplicate services provided by those assigned to screen
3487	participants of the welfare transition program, but must assure
3488	that screening personnel are trained to identify recipients of
3489	public assistance whose personal aptitudes and motivation make
3490	them most likely to succeed in the program and advance in a
3491	career related to the school community.
3492	(b) A budget for use of incentive funding to provide
3493	motivation to participants to succeed and excel. The budget for
3494	incentive funding includes:
3495	1. Funds allocated by the Legislature directly for the
3496	program.
3497	2. Funds that may be made available from the federal
3498	Workforce Investment Act based on client eligibility or
3499	requested waivers to make the clients eligible.
3500	3. Funds made available by implementation strategies that
3501	would make maximum use of work supplementation funds authorized
3502	by federal law.
3503	4. Funds authorized by strategies to lengthen
3504	participants' eligibility for federal programs such as Medicaid,
3505	subsidized child care, and transportation.
3506
3507	Incentives may include a stipend during periods of college
3508	classroom training, a bonus and recognition for a high grade-
3509	point average, child care and prekindergarten services for
3510	children of participants, and services to increase a
3511	participant's ability to advance to higher levels of employment.
3512	Nonfinancial incentives should include providing a mentor or
3513	tutor, and service incentives should continue and increase for
3514	any participant who plans to complete the baccalaureate degree
3515	and become a certified teacher. Services may be provided in
3516	accordance with family choice by community colleges and school
3517	district career institutestechnical centers, through family
3518	service centers and full-service schools, or under contract with
3519	providers through central agencies.
3520	(6)(a) A community college or school district career
3521	institutetechnical centeris eligible to participate if it
3522	provides a careertechnicalcertificate program in Child
3523	Development Early Intervention as approved by Workforce Florida,
3524	Inc. Priority programs provide an option and incentives to
3525	articulate with an associate in science degree program or a
3526	baccalaureate degree program.
3527	Section 102. Subsection (3) of section 1009.98, Florida
3528	Statutes, is amended to read:
3529	1009.98 Florida Prepaid College Program.--
3530	(3) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
3531	COLLEGES AND UNIVERSITIES AND TO CAREER INSTITUTESAREA
3532	TECHNICAL CENTERS.--A qualified beneficiary may apply the
3533	benefits of an advance payment contract toward:
3534	(a) An independent college or university that is located
3535	and chartered in Florida, that is not for profit, that is
3536	accredited by the Commission on Colleges of the Southern
3537	Association of Colleges and Schools or the Accrediting Council
3538	for Independent Colleges and Schools, and that confers degrees
3539	as defined in s. 1005.02.
3540	(b) An out-of-state college or university that is not for
3541	profit and is accredited by a regional accrediting association,
3542	and that confers degrees.
3543	(c) An applied technology diploma program or career
3544	technicalcertificate program conducted by a community college
3545	listed in s. 1004.02(2) or career institutetechnical center
3546	operated by a district school board.
3547
3548	The board shall transfer or cause to be transferred to the
3549	institution designated by the qualified beneficiary an amount
3550	not to exceed the redemption value of the advance payment
3551	contract at a state postsecondary institution. If the cost of
3552	registration or housing fees at such institution is less than
3553	the corresponding fees at a state postsecondary institution, the
3554	amount transferred may not exceed the actual cost of
3555	registration and housing fees. A transfer authorized under this
3556	subsection may not exceed the number of semester credit hours or
3557	semesters of dormitory residence contracted on behalf of a
3558	qualified beneficiary. Notwithstanding any other provision in
3559	this section, an institution must be an "eligible educational
3560	institution" under s. 529 of the Internal Revenue Code to be
3561	eligible for the transfer of advance payment contract benefits.
3562	Section 103. Paragraph (a) of subsection (3) of section
3563	1010.20, Florida Statutes, is amended to read:
3564	1010.20 Cost accounting and reporting for school
3565	districts.--
3566	(3) PROGRAM EXPENDITURE REQUIREMENTS.--
3567	(a) Each district shall expend at least the percent of the
3568	funds generated by each of the programs listed in this section
3569	on the aggregate total school costs for such programs:
3570	1. Kindergarten and grades 1, 2, and 3, 90 percent.
3571	2. Grades 4, 5, 6, 7, and 8, 80 percent.
3572	3. Grades 9, 10, 11, and 12, 80 percent.
3573	4. Programs for exceptional students, on an aggregate
3574	program basis, 90 percent.
3575	5. Grades 7 through 12 career and technicaleducation
3576	programs, on an aggregate program basis, 80 percent.
3577	6. Students-at-risk programs, on an aggregate program
3578	basis, 80 percent.
3579	7. Juvenile justice programs, on an aggregate program
3580	basis, 80 percent.
3581	8. Any new program established and funded under s.
3582	1011.62(1)(c), that is not included under subparagraphs 1.-6.,
3583	on an aggregate basis as appropriate, 80 percent.
3584	Section 104. Subsection (1) of section 1010.58, Florida
3585	Statutes, is amended to read:
3586	1010.58 Procedure for determining number of instruction
3587	units for community colleges.--The number of instruction units
3588	for community colleges shall be determined from the full-time
3589	equivalent students in the community college, provided that
3590	full-time equivalent students may not be counted more than once
3591	in determining instruction units. Instruction units for
3592	community colleges shall be computed as follows:
3593	(1) One unit for each 12 full-time equivalent students at
3594	a community college for the first 420 students and one unit for
3595	each 15 full-time equivalent students for all over 420 students,
3596	in other than career and technicaleducation programs as defined
3597	by rules of the State Board of Education, and one unit for each
3598	10 full-time equivalent students in career and technical
3599	education programs and compensatory education programs as
3600	defined by rules of the State Board of Education. Full-time
3601	equivalent students enrolled in a community college shall be
3602	defined by rules of the State Board of Education.
3603	Section 105. Paragraphs (c), (d), and (e) of subsection
3604	(1) of section 1011.62, Florida Statutes, are amended to read:
3605	1011.62 Funds for operation of schools.--If the annual
3606	allocation from the Florida Education Finance Program to each
3607	district for operation of schools is not determined in the
3608	annual appropriations act or the substantive bill implementing
3609	the annual appropriations act, it shall be determined as
3610	follows:
3611	(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
3612	OPERATION.--The following procedure shall be followed in
3613	determining the annual allocation to each district for
3614	operation:
3615	(c) Determination of programs.--Cost factors based on
3616	desired relative cost differences between the following programs
3617	shall be established in the annual General Appropriations Act.
3618	The Commissioner of Education shall specify a matrix of services
3619	and intensity levels to be used by districts in the
3620	determination of the two weighted cost factors for exceptional
3621	students with the highest levels of need. For these students,
3622	the funding support level shall fund the exceptional students'
3623	education program, with the exception of extended school year
3624	services for students with disabilities.
3625	1. Basic programs.--
3626	a. Kindergarten and grades 1, 2, and 3.
3627	b. Grades 4, 5, 6, 7, and 8.
3628	c. Grades 9, 10, 11, and 12.
3629	2. Programs for exceptional students.--
3630	a. Support Level IV.
3631	b. Support Level V.
3632	3. Secondary career and technicaleducation programs.--
3633	4. English for Speakers of Other Languages.--
3634	(d) Annual allocation calculation.--
3635	1. The Department of Education is authorized and directed
3636	to review all district programs and enrollment projections and
3637	calculate a maximum total weighted full-time equivalent student
3638	enrollment for each district for the K-12 FEFP.
3639	2. Maximum enrollments calculated by the department shall
3640	be derived from enrollment estimates used by the Legislature to
3641	calculate the FEFP. If two or more districts enter into an
3642	agreement under the provisions of s. 1001.42(4)(d), after the
3643	final enrollment estimate is agreed upon, the amount of FTE
3644	specified in the agreement, not to exceed the estimate for the
3645	specific program as identified in paragraph (c), may be
3646	transferred from the participating districts to the district
3647	providing the program.
3648	3. As part of its calculation of each district's maximum
3649	total weighted full-time equivalent student enrollment, the
3650	department shall establish separate enrollment ceilings for each
3651	of two program groups. Group 1 shall be composed of basic
3652	programs for grades K-3, grades 4-8, and grades 9-12. Group 2
3653	shall be composed of students in exceptional student education
3654	programs, English for Speakers of Other Languages programs, and
3655	all career and technicalprograms in grades 7-12.
3656	a. The weighted enrollment ceiling for group 2 programs
3657	shall be calculated by multiplying the final enrollment
3658	conference estimate for each program by the appropriate program
3659	weight. The weighted enrollment ceiling for program group 2
3660	shall be the sum of the weighted enrollment ceilings for each
3661	program in the program group, plus the increase in weighted
3662	full-time equivalent student membership from the prior year for
3663	clients of the Department of Children and Family Services and
3664	the Department of Juvenile Justice.
3665	b. If, for any calculation of the FEFP, the weighted
3666	enrollment for program group 2, derived by multiplying actual
3667	enrollments by appropriate program weights, exceeds the
3668	enrollment ceiling for that group, the following procedure shall
3669	be followed to reduce the weighted enrollment for that group to
3670	equal the enrollment ceiling:
3671	(I) The weighted enrollment ceiling for each program in
3672	the program group shall be subtracted from the weighted
3673	enrollment for that program derived from actual enrollments.
3674	(II) If the difference calculated under sub-sub-
3675	subparagraph (I) is greater than zero for any program, a
3676	reduction proportion shall be computed for the program by
3677	dividing the absolute value of the difference by the total
3678	amount by which the weighted enrollment for the program group
3679	exceeds the weighted enrollment ceiling for the program group.
3680	(III) The reduction proportion calculated under sub-sub-
3681	subparagraph (II) shall be multiplied by the total amount of the
3682	program group's enrollment over the ceiling as calculated under
3683	sub-sub-subparagraph (I).
3684	(IV) The prorated reduction amount calculated under sub-
3685	sub-subparagraph (III) shall be subtracted from the program's
3686	weighted enrollment. For any calculation of the FEFP, the
3687	enrollment ceiling for group 1 shall be calculated by
3688	multiplying the actual enrollment for each program in the
3689	program group by its appropriate program weight.
3690	c. For program group 2, the weighted enrollment ceiling
3691	shall be a number not less than the sum obtained by:
3692	(I) Multiplying the sum of reported FTE for all programs
3693	in the program group that have a cost factor of 1.0 or more by
3694	1.0, and
3695	(II) By adding this number to the sum obtained by
3696	multiplying the projected FTE for all programs with a cost
3697	factor less than 1.0 by the actual cost factor.
3698	4. Following completion of the weighted enrollment ceiling
3699	calculation as provided in subparagraph 3., a supplemental
3700	capping calculation shall be employed for those districts that
3701	are over their weighted enrollment ceiling. For each such
3702	district, the total reported unweighted FTE enrollment for group
3703	2 programs shall be compared with the total appropriated
3704	unweighted FTE enrollment for group 2 programs. If the total
3705	reported unweighted FTE for group 2 is greater than the
3706	appropriated unweighted FTE, then the excess unweighted FTE up
3707	to the unweighted FTE transferred from group 2 to group 1 for
3708	each district by the Public School FTE Estimating Conference
3709	shall be funded at a weight of 1.0 and added to the funded
3710	weighted FTE computed in subparagraph 3.
3711	(e) Funding model for exceptional student education
3712	programs.--
3713	1.a. The funding model uses basic, at-risk, support levels
3714	IV and V for exceptional students and career and technical
3715	Florida Education Finance Program cost factors, and a guaranteed
3716	allocation for exceptional student education programs.
3717	Exceptional education cost factors are determined by using a
3718	matrix of services to document the services that each
3719	exceptional student will receive. The nature and intensity of
3720	the services indicated on the matrix shall be consistent with
3721	the services described in each exceptional student's individual
3722	educational plan.
3723	b. In order to generate funds using one of the two
3724	weighted cost factors, a matrix of services must be completed at
3725	the time of the student's initial placement into an exceptional
3726	student education program and at least once every 3 years by
3727	personnel who have received approved training. Nothing listed in
3728	the matrix shall be construed as limiting the services a school
3729	district must provide in order to ensure that exceptional
3730	students are provided a free, appropriate public education.
3731	c. Students identified as exceptional, in accordance with
3732	chapter 6A-6, Florida Administrative Code, who do not have a
3733	matrix of services as specified in sub-subparagraph b. shall
3734	generate funds on the basis of full-time-equivalent student
3735	membership in the Florida Education Finance Program at the same
3736	funding level per student as provided for basic students.
3737	Additional funds for these exceptional students will be provided
3738	through the guaranteed allocation designated in subparagraph 2.
3739	2. For students identified as exceptional who do not have
3740	a matrix of services, there is created a guaranteed allocation
3741	to provide these students with a free appropriate public
3742	education, in accordance with s. 1001.42(4)(m) and rules of the
3743	State Board of Education, which shall be allocated annually to
3744	each school district in the amount provided in the General
3745	Appropriations Act. These funds shall be in addition to the
3746	funds appropriated on the basis of FTE student membership in the
3747	Florida Education Finance Program, and the amount allocated for
3748	each school district shall not be recalculated during the year.
3749	These funds shall be used to provide special education and
3750	related services for exceptional students.
3751	Section 106. Paragraph (d) of subsection (1) of section
3752	1011.68, Florida Statutes, is amended to read:
3753	1011.68 Funds for student transportation.--The annual
3754	allocation to each district for transportation to public school
3755	programs, including charter schools as provided in s.
3756	1002.33(18)(b), of students in membership in kindergarten
3757	through grade 12 and in migrant and exceptional student programs
3758	below kindergarten shall be determined as follows:
3759	(1) Subject to the rules of the State Board of Education,
3760	each district shall determine the membership of students who are
3761	transported:
3762	(d) By reason of being career and technical, dual
3763	enrollment, or students with disabilities transported from one
3764	school center to another to participate in an instructional
3765	program or service; or students with disabilities, transported
3766	from one designation to another in the state, provided one
3767	designation is a school center and provided the student's
3768	individual educational plan (IEP) identifies the need for the
3769	instructional program or service and transportation to be
3770	provided by the school district. A "school center" is defined as
3771	a public school center, community college, state university, or
3772	other facility rented, leased, or owned and operated by the
3773	school district or another public agency. A "dual enrollment
3774	student" is defined as a public school student in membership in
3775	both a public secondary school program and a community college
3776	or a state university program under a written agreement to
3777	partially fulfill ss. 1003.435 and 1007.23 and earning full-time
3778	equivalent membership under s. 1011.62(1)(i).
3779	Section 107. Subsections (1), (2), (4), and (5), paragraph
3780	(a) of subsection (6), and subsections (7) and (9) of section
3781	1011.80, Florida Statutes, are amended to read:
3782	1011.80 Funds for operation of adult careertechnical
3783	education programs.--
3784	(1) As used in this section, the terms "workforce
3785	developmenteducation" and "workforce development program"
3786	include:
3787	(a) Adult general education programs designed to improve
3788	the employability skills of the state's workforce as defined in
3789	s. 1004.02(3)(5).
3790	(b) Career and technicalcertificate programs, as defined
3791	in s. 1004.02(21)(23).
3792	(c) Applied technology diploma programs.
3793	(d) Continuing workforce education courses.
3794	(e) Degree careertechnicaleducation programs.
3795	(f) Apprenticeship and preapprenticeship programs as
3796	defined in s. 446.021.
3797	(2) Any workforce developmenteducation program may be
3798	conducted by a community college or a school district, except
3799	that college credit in an associate in applied science or an
3800	associate in science degree may be awarded only by a community
3801	college. However, if an associate in applied science or an
3802	associate in science degree program contains within it an
3803	occupational completion point that confers a certificate or an
3804	applied technology diploma, that portion of the program may be
3805	conducted by a school district career institutetechnical
3806	center. Any instruction designed to articulate to a degree
3807	program is subject to guidelines and standards adopted by the
3808	State Board of Education pursuant to s. 1007.25.
3809	(4) The Florida Workforce DevelopmentEducation Fund is
3810	created to provide performance-based funding for all workforce
3811	development programs, whether the programs are offered by a
3812	school district or a community college. Funding for all
3813	workforce developmenteducation programs must be from the
3814	Workforce DevelopmentEducation Fund and must be based on cost
3815	categories, performance output measures, and performance outcome
3816	measures.
3817	(a) The cost categories must be calculated to identify
3818	high-cost programs, medium-cost programs, and low-cost programs.
3819	The cost analysis used to calculate and assign a program of
3820	study to a cost category must include at least both direct and
3821	indirect instructional costs, consumable supplies, equipment,
3822	and standard program length.
3823	(b)1. The performance output measure for career and
3824	technicaleducation programs of study is student completion of a
3825	career and technicalprogram of study that leads to an
3826	occupational completion point associated with a certificate; an
3827	apprenticeship program; or a program that leads to an applied
3828	technology diploma or an associate in applied science or
3829	associate in science degree. Performance output measures for
3830	registered apprenticeship programs shall be based on program
3831	lengths that coincide with lengths established pursuant to the
3832	requirements of chapter 446.
3833	2. The performance output measure for an adult general
3834	education course of study is measurable improvement in student
3835	skills. This measure shall include improvement in literacy
3836	skills, grade level improvement as measured by an approved test,
3837	or attainment of a State of Florida diploma or an adult high
3838	school diploma.
3839	(c) The performance outcome measures for programs funded
3840	through the Workforce DevelopmentEducation Fund are associated
3841	with placement and retention of students after reaching a
3842	completion point or completing a program of study. These
3843	measures include placement or retention in employment that is
3844	related to the program of study; placement into or retention in
3845	employment in an occupation on the Workforce Estimating
3846	Conference list of high-wage, high-skill occupations with
3847	sufficient openings, or other High Wage/High Skill Program
3848	occupations as determined by Workforce Florida, Inc.; and
3849	placement and retention of participants or former participants
3850	in the welfare transition program in employment. Continuing
3851	postsecondary education at a level that will further enhance
3852	employment is a performance outcome for adult general education
3853	programs. Placement and retention must be reported pursuant to
3854	ss. 1008.39 and 1008.43.
3855	(5) State funding and student fees for workforce
3856	development instruction funded through the Workforce Development
3857	Education Fund shall be established as follows:
3858	(a) For a continuing workforce education course, state
3859	funding shall equal 50 percent of the cost of instruction, with
3860	student fees, business support, quick-response training funds,
3861	or other means making up the remaining 50 percent.
3862	(b) For all other workforce developmenteducation funded
3863	through the Workforce DevelopmentEducation Fund, state funding
3864	shall equal 75 percent of the average cost of instruction with
3865	the remaining 25 percent made up from student fees. Fees for
3866	courses within a program shall not vary according to the cost of
3867	the individual program, but instead shall be based on a uniform
3868	fee calculated and set at the state level, as adopted by the
3869	State Board of Education, unless otherwise specified in the
3870	General Appropriations Act.
3871	(c) For fee-exempt students pursuant to s. 1009.25, unless
3872	otherwise provided for in law, state funding shall equal 100
3873	percent of the average cost of instruction.
3874	(6)(a) A school district or a community college that
3875	provides workforce developmenteducation funded through the
3876	Workforce DevelopmentEducation Fund shall receive funds in
3877	accordance with distributions for base and performance funding
3878	established by the Legislature in the General Appropriations
3879	Act, pursuant to the following conditions:
3880	1. Base funding shall not exceed 85 percent of the current
3881	fiscal year total Workforce DevelopmentEducation Fund
3882	allocation, which shall be distributed by the Legislature in the
3883	General Appropriations Act based on a maximum of 85 percent of
3884	the institution's prior year total allocation from base and
3885	performance funds.
3886	2. Performance funding shall be at least 15 percent of the
3887	current fiscal year total Workforce DevelopmentEducation Fund
3888	allocation, which shall be distributed by the Legislature in the
3889	General Appropriations Act based on the previous fiscal year's
3890	achievement of output and outcomes in accordance with formulas
3891	adopted pursuant to subsection (9). Performance funding must
3892	incorporate payments for at least three levels of placements
3893	that reflect wages and workforce demand. Payments for
3894	completions must not exceed 60 percent of the payments for
3895	placement. School districts and community colleges shall be
3896	awarded funds pursuant to this paragraph based on performance
3897	output data and performance outcome data available in that year.
3898	3. If a local educational agency achieves a level of
3899	performance sufficient to generate a full allocation as
3900	authorized by the workforce educationdevelopmentfunding
3901	formula, the agency may earn performance incentive funds as
3902	appropriated for that purpose in a General Appropriations Act.
3903	If performance incentive funds are funded and awarded, these
3904	funds must be added to the local educational agency's prior year
3905	total allocation from the Workforce DevelopmentEducation Fund
3906	and shall be used to calculate the following year's base
3907	funding.
3908	(7) A school district or community college that earns
3909	performance funding must use the money to benefit the
3910	postsecondary adult and careertechnicaleducation programs it
3911	provides. The money may be used for equipment upgrades, program
3912	expansions, or any other use that would result in workforce
3913	development program improvement. The district school board or
3914	community college board of trustees may not withhold any portion
3915	of the performance funding for indirect costs. Notwithstanding
3916	s. 216.351, funds awarded pursuant to this section may be
3917	carried across fiscal years and shall not revert to any other
3918	fund maintained by the district school board or community
3919	college board of trustees.
3920	(9) A high school student dually enrolled under s.
3921	1007.271 in a workforce development program funded through the
3922	Workforce DevelopmentEducation Fund and operated by a community
3923	college or school district career institutetechnical center
3924	generates the amount calculated by the Workforce Development
3925	Education Fund, including any payment of performance funding,
3926	and the proportional share of full-time equivalent enrollment
3927	generated through the Florida Education Finance Program for the
3928	student's enrollment in a high school. If a high school student
3929	is dually enrolled in a community college program, including a
3930	program conducted at a high school, the community college earns
3931	the funds generated through the Workforce DevelopmentEducation
3932	Fund and the school district earns the proportional share of
3933	full-time equivalent funding from the Florida Education Finance
3934	Program. If a student is dually enrolled in a career institute
3935	technical centeroperated by the same district as the district
3936	in which the student attends high school, that district earns
3937	the funds generated through the Workforce DevelopmentEducation
3938	Fund and also earns the proportional share of full-time
3939	equivalent funding from the Florida Education Finance Program.
3940	If a student is dually enrolled in a workforce development
3941	program provided by a career institutetechnical centeroperated
3942	by a different school district, the funds must be divided
3943	between the two school districts proportionally from the two
3944	funding sources. A student may not be reported for funding in a
3945	dual enrollment workforce development program unless the student
3946	has completed the basic skills assessment pursuant to s.
3947	1004.91.
3948	Section 108. Section 1011.83, Florida Statutes, is amended
3949	to read:
3950	1011.83 Financial support of community colleges.--Each
3951	community college that has been approved by the Department of
3952	Education and meets the requirements of law and rules of the
3953	State Board of Education shall participate in the Community
3954	College Program Fund. However, funds to support workforce
3955	development programs conducted by community colleges shall be
3956	provided by the Workforce DevelopmentEducation Fund pursuant to
3957	s. 1011.80.
3958	Section 109. Paragraph (a) of subsection (2), subsection
3959	(3), and paragraph (b) of subsection (6) of section 1012.01,
3960	Florida Statutes, are amended to read:
3961	1012.01 Definitions.--Specific definitions shall be as
3962	follows, and wherever such defined words or terms are used in
3963	the Florida K-20 Education Code, they shall be used as follows:
3964	(2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
3965	means any staff member whose function includes the provision of
3966	direct instructional services to students. Instructional
3967	personnel also includes personnel whose functions provide direct
3968	support in the learning process of students. Included in the
3969	classification of instructional personnel are:
3970	(a) Classroom teachers.--Classroom teachers are staff
3971	members assigned the professional activity of instructing
3972	students in courses in classroom situations, including basic
3973	instruction, exceptional student education, career and technical
3974	education, and adult education, including substitute teachers.
3975	(3) ADMINISTRATIVE PERSONNEL.--"Administrative personnel"
3976	includes personnel who perform management activities such as
3977	developing broad policies for the school district and executing
3978	those policies through the direction of personnel at all levels
3979	within the district. Administrative personnel are generally
3980	high-level, responsible personnel who have been assigned the
3981	responsibilities of systemwide or schoolwide functions, such as
3982	district school superintendents, assistant superintendents,
3983	deputy superintendents, school principals, assistant principals,
3984	career institutetechnical centerdirectors, and others who
3985	perform management activities. Broad classifications of
3986	administrative personnel are as follows:
3987	(a) District-based instructional administrators.--Included
3988	in this classification are persons with district-level
3989	administrative or policymaking duties who have broad authority
3990	for management policies and general school district operations
3991	related to the instructional program. Such personnel often
3992	report directly to the district school superintendent and
3993	supervise other administrative employees. This classification
3994	includes assistant, associate, or deputy superintendents and
3995	directors of major instructional areas, such as curriculum,
3996	federal programs such as Title I, specialized instructional
3997	program areas such as exceptional student education, career and
3998	technicaleducation, and similar areas.
3999	(b) District-based noninstructional
4000	administrators.--Included in this classification are persons
4001	with district-level administrative or policymaking duties who
4002	have broad authority for management policies and general school
4003	district operations related to the noninstructional program.
4004	Such personnel often report directly to the district school
4005	superintendent and supervise other administrative employees.
4006	This classification includes assistant, associate, or deputy
4007	superintendents and directors of major noninstructional areas,
4008	such as personnel, construction, facilities, transportation,
4009	data processing, and finance.
4010	(c) School administrators.--Included in this
4011	classification are:
4012	1. School principals or school directors who are staff
4013	members performing the assigned activities as the administrative
4014	head of a school and to whom have been delegated responsibility
4015	for the coordination and administrative direction of the
4016	instructional and noninstructional activities of the school.
4017	This classification also includes career institutetechnical
4018	centerdirectors.
4019	2. Assistant principals who are staff members assisting
4020	the administrative head of the school. This classification also
4021	includes assistant principals for curriculum and administration.
4022	(6) EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support
4023	employees" means employees whose job functions are neither
4024	administrative nor instructional, yet whose work supports the
4025	educational process.
4026	(b) Technicians are individuals whose occupations require
4027	a combination of knowledge and manual skill which can be
4028	obtained through about 2 years of post-high school education,
4029	such as is offered in many careertechnicalinstitutes and
4030	community colleges, or through equivalent on-the-job training.
4031	Section 110. Paragraph (c) of subsection (1) of section
4032	1012.39, Florida Statutes, is amended to read:
4033	1012.39 Employment of substitute teachers, teachers of
4034	adult education, nondegreed teachers of career education, and
4035	career specialists; students performing clinical field
4036	experience.--
4037	(1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
4038	1012.57, or any other provision of law or rule to the contrary,
4039	each district school board shall establish the minimal
4040	qualifications for:
4041	(c) Part-time and full-time nondegreed teachers of career
4042	and technicalprograms. Qualifications shall be established for
4043	agriculture, business, health occupations, family and consumer
4044	sciences, industrial, marketing, career specialist, and public
4045	service education teachers, based primarily on successful
4046	occupational experience rather than academic training. The
4047	qualifications for such teachers shall require:
4048	1. The filing of a complete set of fingerprints in the
4049	same manner as required by s. 1012.32. Faculty employed solely
4050	to conduct postsecondary instruction may be exempted from this
4051	requirement.
4052	2. Documentation of education and successful occupational
4053	experience including documentation of:
4054	a. A high school diploma or the equivalent.
4055	b. Completion of 6 years of full-time successful
4056	occupational experience or the equivalent of part-time
4057	experience in the teaching specialization area. Alternate means
4058	of determining successful occupational experience may be
4059	established by the district school board.
4060	c. Completion of career education training conducted
4061	through the local school district inservice master plan.
4062	d. For full-time teachers, completion of professional
4063	education training in teaching methods, course construction,
4064	lesson planning and evaluation, and teaching special needs
4065	students. This training may be completed through coursework from
4066	an accredited or approved institution or an approved district
4067	teacher education program.
4068	e. Demonstration of successful teaching performance.
4069	Section 111. Section 1012.41, Florida Statutes, is amended
4070	to read:
4071	1012.41 Employment of directors of career and technical
4072	education.--In order to receive state funding, each district
4073	school board that employs at least 15 full-time equivalent
4074	career and technical teachers must employ a director of career
4075	and technicaleducation who meets the certification requirements
4076	established by the State Board of Education. The directors shall
4077	be directly accountable to the district school superintendent,
4078	or his or her designee, for the planning and implementation of
4079	career and technicalprograms. Two or more district school
4080	boards may employ a single director.
4081	Section 112. Section 1012.43, Florida Statutes, is amended
4082	to read:
4083	1012.43 Career and technicalteachers.--
4084	(1) Career and technicalteachers and other teachers who
4085	qualify for certificates on the basis of nonacademic preparation
4086	shall be entitled to all the contractual rights and privileges
4087	now granted to other instructional personnel holding equivalent
4088	certificates.
4089	(2) A holder of a certificate based on nonacademic
4090	preparation which entitled him or her to employment to teach
4091	classes in career and technicalor adult education shall not be
4092	assigned to teach in a regular academic field of the
4093	kindergarten through grade 12 school program.
4094	Section 113. Paragraph (a) of subsection (10) of section
4095	1013.03, Florida Statutes, is amended to read:
4096	1013.03 Functions of the department.--The functions of the
4097	Department of Education as it pertains to educational facilities
4098	shall include, but not be limited to, the following:
4099	(10)(a) Review and validate surveys proposed or amended by
4100	the boards and recommend to the Commissioner of Education, for
4101	approval, surveys that meet the requirements of this chapter.
4102	1. The term "validate" as applied to surveys by school
4103	districts means to review inventory data as submitted to the
4104	department by district school boards; provide for review and
4105	inspection, where required, of student stations and aggregate
4106	square feet of inventory changed from satisfactory to
4107	unsatisfactory or changed from unsatisfactory to satisfactory;
4108	compare new school inventory to allocation limits provided by
4109	this chapter; review cost projections for conformity with cost
4110	limits set by s. 1013.64(6); compare total capital outlay full-
4111	time equivalent enrollment projections in the survey with the
4112	department's projections; review facilities lists to verify that
4113	student station and auxiliary facility space allocations do not
4114	exceed the limits provided by this chapter and related rules;
4115	review and confirm the application of uniform facility
4116	utilization factors, where provided by this chapter or related
4117	rules; utilize the documentation of programs offered per site,
4118	as submitted by the board, to analyze facility needs; confirm
4119	that need projections for career and technicaland adult
4120	educational programs comply with needs documented by the Office
4121	of Workforce and Economic Development; and confirm the
4122	assignment of full-time student stations to all space except
4123	auxiliary facilities, which, for purposes of exemption from
4124	student station assignment, include the following:
4125	a. Cafeterias.
4126	b. Multipurpose dining areas.
4127	c. Media centers.
4128	d. Auditoriums.
4129	e. Administration.
4130	f. Elementary, middle, and high school resource rooms, up
4131	to the number of such rooms recommended for the applicable
4132	occupant and space design capacity of the educational plant in
4133	the State Requirements for Educational Facilities, beyond which
4134	student stations must be assigned.
4135	g. Elementary school skills labs, up to the number of such
4136	rooms recommended for the applicable occupant and space design
4137	capacity of the educational plant in the State Requirements for
4138	Educational Facilities, beyond which student stations must be
4139	assigned.
4140	h. Elementary school art and music rooms.
4141	2. The term "validate" as applied to surveys by community
4142	colleges and universities means to review and document the
4143	approval of each new site and official designation, where
4144	applicable; review the inventory database as submitted by each
4145	board to the department, including noncareer and technical, and
4146	total capital outlay full-time equivalent enrollment projections
4147	per site and per college; provide for the review and inspection,
4148	where required, of student stations and aggregate square feet of
4149	space changed from satisfactory to unsatisfactory; utilize and
4150	review the documentation of programs offered per site submitted
4151	by the boards as accurate for analysis of space requirements and
4152	needs; confirm that needs projected for career and technicaland
4153	adult educational programs comply with needs documented by the
4154	Office of Workforce and Economic Development; compare new
4155	facility inventory to allocations limits as provided in this
4156	chapter; review cost projections for conformity with state
4157	averages or limits designated by this chapter; compare student
4158	enrollment projections in the survey to the department's
4159	projections; review facilities lists to verify that area
4160	allocations and space factors for generating space needs do not
4161	exceed the limits as provided by this chapter and related rules;
4162	confirm the application of facility utilization factors as
4163	provided by this chapter and related rules; and review, as
4164	submitted, documentation of how survey recommendations will
4165	implement the detail of current campus master plans and
4166	integrate with local comprehensive plans and development
4167	regulations.
4168	Section 114. Paragraph (b) of subsection (1) of section
4169	1013.31, Florida Statutes, is amended to read:
4170	1013.31 Educational plant survey; localized need
4171	assessment; PECO project funding.--
4172	(1) At least every 5 years, each board shall arrange for
4173	an educational plant survey, to aid in formulating plans for
4174	housing the educational program and student population, faculty,
4175	administrators, staff, and auxiliary and ancillary services of
4176	the district or campus, including consideration of the local
4177	comprehensive plan. The Office of Workforce and Economic
4178	Development shall document the need for additional career and
4179	adult education programs and the continuation of existing
4180	programs before facility construction or renovation related to
4181	career or adult education may be included in the educational
4182	plant survey of a school district or community college that
4183	delivers career or adult education programs. Information used by
4184	the Office of Workforce and Economic Development to establish
4185	facility needs must include, but need not be limited to, labor
4186	market data, needs analysis, and information submitted by the
4187	school district or community college.
4188	(b) Required need assessment criteria for district,
4189	community college, college and state university plant
4190	surveys.--Educational plant surveys must use uniform data
4191	sources and criteria specified in this paragraph. Each revised
4192	educational plant survey and each new educational plant survey
4193	supersedes previous surveys.
4194	1. The school district's survey must be submitted as a
4195	part of the district educational facilities plan defined in s.
4196	1013.35. To ensure that the data reported to the Department of
4197	Education as required by this section is correct, the department
4198	shall annually conduct an onsite review of 5 percent of the
4199	facilities reported for each school district completing a new
4200	survey that year. If the department's review finds the data
4201	reported by a district is less than 95 percent accurate, within
4202	1 year from the time of notification by the department the
4203	district must submit revised reports correcting its data. If a
4204	district fails to correct its reports, the commissioner may
4205	direct that future fixed capital outlay funds be withheld until
4206	such time as the district has corrected its reports so that they
4207	are not less than 95 percent accurate.
4208	2. Each survey of a special facility, joint-use facility,
4209	or cooperative career and technicaleducation facility must be
4210	based on capital outlay full-time equivalent student enrollment
4211	data prepared by the department for school districts, community
4212	colleges, colleges, and universities. A survey of space needs of
4213	a joint-use facility shall be based upon the respective space
4214	needs of the school districts, community colleges, colleges, and
4215	universities, as appropriate. Projections of a school district's
4216	facility space needs may not exceed the norm space and occupant
4217	design criteria established by the State Requirements for
4218	Educational Facilities.
4219	3. Each community college's survey must reflect the
4220	capacity of existing facilities as specified in the inventory
4221	maintained by the Department of Education. Projections of
4222	facility space needs must comply with standards for determining
4223	space needs as specified by rule of the State Board of
4224	Education. The 5-year projection of capital outlay student
4225	enrollment must be consistent with the annual report of capital
4226	outlay full-time student enrollment prepared by the Department
4227	of Education.
4228	4. Each college and state university's survey must reflect
4229	the capacity of existing facilities as specified in the
4230	inventory maintained and validated by the Division of Colleges
4231	and Universities. Projections of facility space needs must be
4232	consistent with standards for determining space needs approved
4233	by the Division of Colleges and Universities. The projected
4234	capital outlay full-time equivalent student enrollment must be
4235	consistent with the 5-year planned enrollment cycle for the
4236	State University System approved by the Division of Colleges and
4237	Universities.
4238	5. The district educational facilities plan of a school
4239	district and the educational plant survey of a community
4240	college, or college or state university may include space needs
4241	that deviate from approved standards for determining space needs
4242	if the deviation is justified by the district or institution and
4243	approved by the department, as necessary for the delivery of an
4244	approved educational program.
4245	Section 115. Paragraph (a) of subsection (3) of section
4246	1013.64, Florida Statutes, is amended to read:
4247	1013.64 Funds for comprehensive educational plant needs;
4248	construction cost maximums for school district capital
4249	projects.--Allocations from the Public Education Capital Outlay
4250	and Debt Service Trust Fund to the various boards for capital
4251	outlay projects shall be determined as follows:
4252	(3)(a) Each district school board shall receive an amount
4253	from the Public Education Capital Outlay and Debt Service Trust
4254	Fund to be calculated by computing the capital outlay full-time
4255	equivalent membership as determined by the department. Such
4256	membership must include, but is not limited to:
4257	1. K-12 students, except hospital and homebound part-time
4258	students; and
4259	2. Students who are career and technicaleducation
4260	students, and adult disabled students and who are enrolled in
4261	school district career institutestechnical centers. The capital
4262	outlay full-time equivalent membership shall be determined for
4263	kindergarten through the 12th grade and for career institutes
4264	technical centersby averaging the unweighted full-time
4265	equivalent student membership for the second and third surveys
4266	and comparing the results on a school-by-school basis with the
4267	Florida Inventory for School Houses. The capital outlay full-
4268	time equivalent membership by grade level organization shall be
4269	used in making the following calculations: The capital outlay
4270	full-time equivalent membership by grade level organization for
4271	the 4th prior year must be used to compute the base-year
4272	allocation. The capital outlay full-time equivalent membership
4273	by grade-level organization for the prior year must be used to
4274	compute the growth over the highest of the 3 years preceding the
4275	prior year. From the total amount appropriated by the
4276	Legislature pursuant to this subsection, 40 percent shall be
4277	allocated among the base capital outlay full-time equivalent
4278	membership and 60 percent among the growth capital outlay full-
4279	time equivalent membership. The allocation within each of these
4280	groups shall be prorated to the districts based upon each
4281	district's percentage of base and growth capital outlay full-
4282	time membership. The most recent 4-year capital outlay full-time
4283	equivalent membership data shall be used in each subsequent
4284	year's calculation for the allocation of funds pursuant to this
4285	subsection. If a change, correction, or recomputation of data
4286	during any year results in a reduction or increase of the
4287	calculated amount previously allocated to a district, the
4288	allocation to that district shall be adjusted correspondingly.
4289	If such recomputation results in an increase or decrease of the
4290	calculated amount, such additional or reduced amounts shall be
4291	added to or reduced from the district's future appropriations.
4292	However, no change, correction, or recomputation of data shall
4293	be made subsequent to 2 years following the initial annual
4294	allocation.
4295	Section 116. Subsections (1) and (2), and paragraphs (a)
4296	and (c) of subsection (4) of section 1013.75, Florida Statutes,
4297	are amended to read:
4298	1013.75 Cooperative funding of career instituteand
4299	technical educationalfacilities.--
4300	(1) Each district school board operating a designated
4301	career institutetechnical centermay submit, prior to August 1
4302	of each year, a request to the commissioner for funds from the
4303	Public Education Capital Outlay and Debt Service Trust Fund to
4304	plan, construct, and equip a career instituteand technical
4305	educationalfacility identified as being critical to the
4306	economic development and the workforce needs of the school
4307	district. Prior to submitting a request, each school district
4308	shall:
4309	(a) Adopt and submit to the commissioner a resolution
4310	indicating its commitment to fund the planning, construction,
4311	and equipping of the proposed facility at 40 percent of the
4312	requested project amount. The resolution shall also designate
4313	the locale of the proposed facility. If funds from a private or
4314	noneducational public entity are to be committed to the project,
4315	then a joint resolution shall be required.
4316	(b) Except as provided in paragraph (5)(b), levy the
4317	maximum millage against the nonexempt assessed property value as
4318	provided in s. 1011.71(2).
4319	(c) Certify to the Office of Workforce and Economic
4320	Development that the project has been survey recommended.
4321	(d) Certify to the Office of Workforce and Economic
4322	Development that final phase III construction documents comply
4323	with applicable building codes and life safety codes.
4324	(e) Sign an agreement that the district school board shall
4325	advertise for bids within 90 days of receiving an encumbrance
4326	authorization from the department.
4327	(f) If a construction contract has not been signed 90 days
4328	after the advertising of bids, certify to the Office of
4329	Workforce and Economic Development and the department the cause
4330	for delay. Upon request, an additional 90 days may be granted by
4331	the commissioner.
4332	(2) The Office of Workforce and Economic Development shall
4333	establish the need for additional career and technicaleducation
4334	programs and the continuation of existing programs before
4335	facility construction or renovation related to career and
4336	technicaleducation can be included in the educational plant
4337	survey. Information used by the Office of Workforce and Economic
4338	Development to establish facility needs shall include, but not
4339	be limited to, labor market needs analysis and information
4340	submitted by the school districts.
4341	(4)(a) A career and technicaleducation construction
4342	committee shall be composed of the following: three
4343	representatives from the Department of Education and one
4344	representative from the Executive Office of the Governor.
4345	(c) The commissioner's legislative capital outlay budget
4346	request may include up to 2 percent of the new construction
4347	allocation to public schools for career and technicalcapital
4348	outlay projects recommended by the career and technical
4349	education construction committee.
4350	Section 117. This act shall take effect July 1, 2003.