HOUSE AMENDMENT Bill No. SB 1772
1	CHAMBER ACTION
2	Senate House
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12	Representative Mealor offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Subsection (5) of section 17.076, Florida
17	Statutes, is amended to read:
18	17.076 Direct deposit of funds.--
19	(5) All direct deposit records made prior to October 1,
20	1986, are exempt from the provisions of s. 119.07(1). With
21	respect to direct deposit records made on or after October 1,
22	1986, the names of the authorized financial institutions and the
23	account numbers of the beneficiaries are confidential and exempt
24	from the provisions of s. 119.07(1) and s. 24(a), Art.I of the
25	State Constitution. Notwithstanding this exemption and the
26	provisions of s. 119.07(3)(dd), the department may provide a
27	state university, upon request, with that university’s employee
28	or vendor direct deposit authorization information on file with
29	the department in order to accommodate the transition to the
30	university accounting system. The state university shall
31	maintain the confidentiality of all such information provided by
32	the department.
33	Section 2. Paragraph (a) of subsection (1) of section
34	20.055, Florida Statutes, is amended to read:
35	20.055 Agency inspectors general.--
36	(1) For the purposes of this section:
37	(a) "State agency" means each department created pursuant
38	to this chapter, and also includes the Executive Office of the
39	Governor, the Department of Military Affairs, the Board of
40	Regents,the Fish and Wildlife Conservation Commission, the
41	Public Service Commission, and the state courts system.
42	Section 3. Paragraph (d) of subsection (5) of section
43	24.121, Florida Statutes, is amended to read:
44	24.121 Allocation of revenues and expenditure of funds for
45	public education.--
46	(5)
47	(d) No funds shall be released for any purpose from the
48	Educational Enhancement Trust Fund to any school district in
49	which one or more schools do not have an approved school
50	improvement plan pursuant to s. 1001.42(16) or do not comply
51	with school advisory council membership composition requirements
52	pursuant to s. 1001.452(1)229.58(1). Effective July 1, 2002,
53	the Commissioner of Education shall withhold disbursements from
54	the trust fund to any school district that fails to adopt the
55	performance-based salary schedule required by s. 1012.22(1).
56	Section 4. Subsection (2) of section 110.161, Florida
57	Statutes, is amended to read:
58	110.161 State employees; pretax benefits program.--
59	(2) As used in this section, "employee" means any
60	individual filling an authorized and established position in the
61	executive, legislative, or judicial branch of the state,
62	including the employees of the State Board of Administration and
63	state universities.
64	Section 5. Subsection (2) of section 112.215, Florida
65	Statutes, is amended to read:
66	112.215 Government employees; deferred compensation
67	program.--
68	(2) For the purposes of this section, the term "employee"
69	means any person, whether appointed, elected, or under contract,
70	providing services for the state; any state agency or county or
71	other political subdivision of the state; any municipality; any
72	state university board of trustees;or any constitutional county
73	officer under s. 1(d), Art. VIII of the State Constitution for
74	which compensation or statutory fees are paid.
75	Section 6. Subsection (2) of section 145.19, Florida
76	Statutes, is amended to read:
77	145.19 Annual percentage increases based on increase for
78	state career service employees; limitation.--
79	(2) Each fiscal year, the salaries of all officials listed
80	in this chapter and s. 1001.47 shall be adjusted by the annual
81	factor. The Department of Management Services shall certify the
82	annual factor and the cumulative annual factors. The adjusted
83	salary rate shall be the product, rounded to the nearest dollar,
84	of the salary rate granted by the appropriate section of this
85	chapter or s. 1001.47multiplied first by the initial factor,
86	then by the cumulative annual factor, and finally by the annual
87	factor. Any special qualification salary received under this
88	chapter or annual performance salary incentive available to
89	elected superintendents under s. 1001.47shall be added to such
90	adjusted salary rate, which special qualification salary shall
91	be $2,000, but shall not exceed $2,000.
92	Section 7. Paragraph (b) of subsection (22) of section
93	159.27, Florida Statutes, is amended to read:
94	159.27 Definitions.--The following words and terms, unless
95	the context clearly indicates a different meaning, shall have
96	the following meanings:
97	(22) "Educational facility" means:
98	(b) Property that comprises the buildings and equipment,
99	structures, and special education use areas that are built,
100	installed, or established to serve primarily the educational
101	purposes of operating any nonprofit private preschool,
102	kindergarten, elementary school, middle school, or high school
103	that is established under chapter 617 or chapter 623, or that is
104	owned or operated by an organization described in s. 501(c)(3)
105	of the United States Internal Revenue Code, or operating any
106	preschool, kindergarten, elementary school, middle school, or
107	high school that is owned or operated as part of the state's
108	system of public education, including, but not limited to, a
109	charter school or a labdevelopmental researchschool operated
110	under chapter 1002. The requirements of this part for the
111	financing of projects through local agencies shall also apply to
112	such schools. Bonds issued under the provisions of this part for
113	such schools shall not be deemed to constitute a debt,
114	liability, or obligation of the state or any political
115	subdivision thereof, or a pledge of the faith and credit of the
116	state or of any such political subdivision, but shall be payable
117	solely from the revenues provided therefor.
118	Section 8. Paragraphs (b) and (c) of subsection (6) of
119	section 212.055, Florida Statutes, are amended to read:
120	212.055 Discretionary sales surtaxes; legislative intent;
121	authorization and use of proceeds.--It is the legislative intent
122	that any authorization for imposition of a discretionary sales
123	surtax shall be published in the Florida Statutes as a
124	subsection of this section, irrespective of the duration of the
125	levy. Each enactment shall specify the types of counties
126	authorized to levy; the rate or rates which may be imposed; the
127	maximum length of time the surtax may be imposed, if any; the
128	procedure which must be followed to secure voter approval, if
129	required; the purpose for which the proceeds may be expended;
130	and such other requirements as the Legislature may provide.
131	Taxable transactions and administrative procedures shall be as
132	provided in s. 212.054.
133	(6) SCHOOL CAPITAL OUTLAY SURTAX.--
134	(b) The resolution shall include a statement that provides
135	a brief and general description of the school capital outlay
136	projects to be funded by the surtax. If applicable, the
137	resolution must state that the district school board has been
138	recognized by the State Board of Education as having a Florida
139	Frugal Schools Program.The statement shall conform to the
140	requirements of s. 101.161 and shall be placed on the ballot by
141	the governing body of the county. The following question shall
142	be placed on the ballot:
143	_____FOR THE _____CENTS TAX
144	_____AGAINST THE _____CENTS TAX
145	(c) The resolution providing for the imposition of the
146	surtax shall set forth a plan for use of the surtax proceeds for
147	fixed capital expenditures or fixed capital costs associated
148	with the construction, reconstruction, or improvement of school
149	facilities and campuses which have a useful life expectancy of 5
150	or more years, and any land acquisition, land improvement,
151	design, and engineering costs related thereto. Additionally, the
152	plan shall include the costs of retrofitting and providing for
153	technology implementation, including hardware and software, for
154	the various sites within the school district. Surtax revenues
155	may be used for the purpose of servicing bond indebtedness to
156	finance projects authorized by this subsection, and any interest
157	accrued thereto may be held in trust to finance such projects.
158	Neither the proceeds of the surtax nor any interest accrued
159	thereto shall be used for operational expenses. If the district
160	school board has been recognized by the State Board of Education
161	as having a Florida Frugal Schools Program, the district's plan
162	for use of the surtax proceeds must be consistent with this
163	subsection and with uses assured under the Florida Frugal
164	Schools Program.Section 9. Paragraph (b) of subsection (9)
165	of section 216.136, Florida Statutes, is amended to read:
166	216.136 Consensus estimating conferences; duties and
167	principals.--
168	(9) WORKFORCE ESTIMATING CONFERENCE.--
169	(b) Principals.--The Commissioner of Education, the
170	Executive Office of the Governor, the director of the Office of
171	Tourism, Trade, and Economic Development, the director of the
172	Agency for Workforce Innovation, the executive director of the
173	Commission for Independent Education,the Chancellor of the
174	State University System, the Executive Director of the State
175	Board of Community Colleges, the chair of the State Board of
176	Nonpublic Career Education,the chair of Workforce Florida,
177	Inc., the coordinator of the Office of Economic and Demographic
178	Research, or their designees, and professional staff from the
179	Senate and the House of Representatives who have forecasting and
180	substantive expertise, are the principals of the Workforce
181	Estimating Conference. In addition to the designated principals
182	of the conference, nonprincipal participants of the conference
183	shall include a representative of the Florida Chamber of
184	Commerce and other interested parties. The principal
185	representing the Executive Office of the Governor shall preside
186	over the sessions of the conference.
187	Section 10. Subsection (7) of section 250.10, Florida
188	Statutes, is amended to read:
189	250.10 Appointment and duties of the Adjutant General.--
190	(7) The Adjutant General and representatives of the Board
191	of GovernorsRegents, the State Board of Community Colleges,and
192	the State Board of Education shall design and develop a tuition
193	assistance program for members in good standing of the active
194	Florida National Guard who enroll in a public institution of
195	higher learning in the state in accordance with the provisions
196	of subsection (8).
197	(a) The program shall set forth application requirements
198	which include, but are not limited to, requirements that the
199	applicant shall:
200	1. Be 17 years of age or older.
201	2. Be presently domiciled in the state.
202	3. Be a member in good standing in the active Florida
203	National Guard at the beginning of and throughout the entire
204	academic term for which benefits are received.
205	4. Maintain continuous satisfactory participation in the
206	active Florida National Guard for any school term for which
207	exemption benefits are received.
208	5. Agree in writing to serve in the active Florida
209	National Guard for 3 years after completion of the studies for
210	which an exemption is granted.
211	(b) The program shall include, but not be limited to, the
212	following penalties:
213	1. When a member of the active Florida National Guard
214	receives an exemption from tuition and fees for any academic
215	term and fails to maintain satisfactory participation in the
216	Florida National Guard during such academic term, the exemption
217	shall immediately be forfeited and the member shall be required
218	to pay to the institution all tuition charges and student fees
219	for the current academic term for which the exemption has been
220	granted.
221	2. When a member of the active Florida National Guard
222	leaves the Florida National Guard during the 3-year period such
223	member had agreed to serve after completing the courses for
224	which exemptions were granted, the member shall be required to
225	reimburse the state for all tuition charges and student fees for
226	which such member received exemptions, unless the Adjutant
227	General determines there are justifiable extenuating
228	circumstances.
229	3. If the service of a member of the active Florida
230	National Guard is terminated or the member is placed on
231	scholastic probation while receiving exemption benefits, the
232	exemption shall be immediately forfeited and the member shall
233	pay to the institution all tuition charges and student fees for
234	the current academic term for which the member has received an
235	exemption.
236	(c) The program shall define those members of the active
237	Florida National Guard ineligible to participate in the program
238	and those courses of study not authorized for the program.
239	1. Such members shall include, but not be limited to:
240	a. Any member, commissioned officer or warrant officer or
241	enlisted person, who has a baccalaureate degree.
242	b. Any member who has 15 years or more of total military
243	service creditable toward retirement.
244	c. Any member who has not completed basic military
245	training.
246	2. Courses not authorized include noncredit courses,
247	courses which do not meet degree requirements, or courses which
248	do not meet requirements for completion of vocational-technical
249	training.
250	(d) The Adjutant General, together with the Board of
251	GovernorsRegents, the State Board of Community Colleges,and
252	the State Board of Education, shall promulgate rules for the
253	overall policy, guidance, administration, implementation, and
254	proper utilization of the program. Such rules shall include, but
255	not be limited to, guidelines for certification by the Adjutant
256	General of a guard member's eligibility, procedures for
257	notification to an institution of a guard member's termination
258	of eligibility, and procedures for restitution when a guard
259	member fails to comply with the penalties described in paragraph
260	(b).
261	Section 11. Subsections (1) through (6) of section
262	287.064, Florida Statutes, are amended to read:
263	287.064 Consolidated financing of deferred-payment
264	purchases.--
265	(1) The Division of Bond Finance of the State Board of
266	Administration and the Comptroller shall plan and coordinate
267	deferred-payment purchases made by or on behalf of the state or
268	its agencies or by or on behalf of state universities orstate
269	community colleges participating under this section pursuant to
270	s. 1001.74(5) or s. 1001.64(26), respectively. The Division of
271	Bond Finance shall negotiate and the Comptroller shall execute
272	agreements and contracts to establish master equipment financing
273	agreements for consolidated financing of deferred-payment,
274	installment sale, or lease purchases with a financial
275	institution or a consortium of financial institutions. As used
276	in this act, the term "deferred-payment" includes installment
277	sale and lease-purchase.
278	(a) The period during which equipment may be acquired
279	under any one master equipment financing agreement shall be
280	limited to not more than 3 years.
281	(b) Repayment of the whole or a part of the funds drawn
282	pursuant to the master equipment financing agreement may
283	continue beyond the period established pursuant to paragraph
284	(a).
285	(c) The interest rate component of any master equipment
286	financing agreement shall be deemed to comply with the interest
287	rate limitation imposed in s. 287.063 so long as the interest
288	rate component of every interagency, state university,or
289	community college agreement entered into under such master
290	equipment financing agreement complies with the interest rate
291	limitation imposed in s. 287.063. Such interest rate limitation
292	does not apply when the payment obligation under the master
293	equipment financing agreement is rated by a nationally
294	recognized rating service in any one of the three highest
295	classifications, which rating services and classifications are
296	determined pursuant to rules adopted by the Comptroller.
297	(2) Unless specifically exempted by the Comptroller, all
298	deferred-payment purchases, including those made by a state
299	university orcommunity college that is participating under this
300	section, shall be acquired by funding through master equipment
301	financing agreements. The Comptroller is authorized to exempt
302	any purchases from consolidated financing when, in his or her
303	judgment, alternative financing would be cost-effective or
304	otherwise beneficial to the state.
305	(3) The Comptroller may require agencies to enter into
306	interagency agreements and may require participating state
307	universities orcommunity colleges to enter into systemwide
308	agreements for the purpose of carrying out the provisions of
309	this act.
310	(a) The term of any interagency or systemwide agreement
311	shall expire on June 30 of each fiscal year but shall
312	automatically be renewed annually subject to appropriations and
313	deferred-payment schedules. The period of any interagency or
314	systemwide agreement shall not exceed the useful life of the
315	equipment for which the agreement was made as determined by the
316	Comptroller.
317	(b) The interagency or systemwide agreements may include,
318	but are not limited to, equipment costs, terms, and a pro rata
319	share of program and issuance expenses.
320	(4) Each state university orcommunity college may choose
321	to have its purchasing agreements involving administrative and
322	instructional materials consolidated under this section.
323	(5) The Comptroller is authorized to automatically debit
324	each agency's or state university’sfunds and each community
325	college's portion of the Community College Program Fund
326	consistently with the deferred-payment schedules.
327	(6) There is created the Consolidated Payment Trust Fund
328	in the Comptroller's office for the purpose of implementing the
329	provisions of this act. All funds debited from each agency,
330	state university, and eachcommunity college may be deposited in
331	the trust fund and shall be used to meet the financial
332	obligations incurred pursuant to this act. Any income from the
333	investment of funds may be used to fund administrative costs
334	associated with this program.
335	Section 12. Subsection (7) of section 288.7091, Florida
336	Statutes, is amended to read:
337	288.7091 Duties of the Florida Black Business Investment
338	Board, Inc.--The Florida Black Business Investment Board, Inc.,
339	shall:
340	(7) Develop memoranda of understanding with the
341	Departments of Education, Transportation, Community Affairs, and
342	Management Services, as well as with Workforce Florida, Inc.,
343	and the State FloridaBoard of Education, detailing efforts of
344	common interest and collaborations to expand black business
345	development;
346	Section 13. Subsection (3) of section 316.615, Florida
347	Statutes, is amended to read:
348	316.615 School buses; physical requirements of drivers.--
349	(3) A person may not operate or cause to be operated a
350	motor vehicle covered by subsection (1) or subsection (2) when
351	transporting school children unless the operator has met the
352	physical examination requirements established by law and by rule
353	ofadopted by the State BoardCommissionerof Education. The
354	operator of such a motor vehicle shall pass an annual physical
355	examination and have posted in the vehicle a certificate to
356	drive the vehicle.
357	Section 14. Paragraph (b) of subsection (1) and paragraph
358	(b) of subsection (7) of section 402.305, Florida Statutes, are
359	amended to read:
360	402.305 Licensing standards; child care facilities.--
361	(1) LICENSING STANDARDS.--The department shall establish
362	licensing standards that each licensed child care facility must
363	meet regardless of the origin or source of the fees used to
364	operate the facility or the type of children served by the
365	facility.
366	(b) All standards established under ss. 402.301-402.319
367	must be consistent with the rules adopted by the State Fire
368	Marshal for child care facilities. However, if the facility is
369	operated in a public school, the department shall use the public
370	school fire code, as provided in the rules of the State Board
371	Departmentof Education, as the minimum standard for firesafety.
372	(7) SANITATION AND SAFETY.--
373	(b) In the case of a child care program for school-age
374	children attending before and after school programs on the
375	public school site, the department shall use the public school
376	fire code, as adoptedpromulgated in the rules of the State
377	BoardDepartmentof Education, as the minimum standard for fire
378	safety. In the case of a child care program for school-age
379	children attending before-school and after-school programs on a
380	site operated by a municipality, the department shall adopt
381	rules for such site and intended use.
382	Section 15. Paragraph (b) of subsection (5) of section
383	409.1451, Florida Statutes, is amended to read:
384	409.1451 Independent living transition services.--
385	(5) PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
386	FORMERLY IN FOSTER CARE.--Based on the availability of funds,
387	the department shall provide or arrange for the following
388	services to young adults formerly in foster care who meet the
389	prescribed conditions and are determined eligible by the
390	department. The categories of services available to assist a
391	young adult formerly in foster care to achieve independence are:
392	(b) Road-to-Independence Scholarship Program.--
393	1. The Road-to-Independence Scholarship Program is
394	intended to help eligible students who are former foster
395	children in this state to receive the educational and vocational
396	training needed to achieve independence. The amount of the award
397	shall equal the earnings that the student would have been
398	eligible to earn working a 40-hour-a-week federal minimum wage
399	job, after considering other grants and scholarships that are in
400	excess of the educational institutions' fees and costs, and
401	contingent upon available funds. Students eligible for the Road-
402	to-Independence Scholarship Program may also be eligible for
403	educational fee waivers for workforce development postsecondary
404	programs, community colleges, and universities, pursuant to s.
405	1009.25(2)(c).
406	2. A young adult 18 to 21 years of age is eligible for the
407	initial award, and a young adult under 23 years of age is
408	eligible for renewal awards, if he or she:
409	a. Is a dependent child, pursuant to chapter 39, and is
410	living in licensed foster care or in subsidized independent
411	living at the time of his or her 18th birthday;
412	b. Has spent at least 6 months living in foster care
413	before reaching his or her 18th birthday;
414	c. Is a resident of this state as defined in s. 1009.40;
415	and
416	d. Meets one of the following qualifications:
417	(I) Has earned a standard high school diploma or its
418	equivalent as described in s. 1003.425 or s. 1003.43 or s.
419	1003.435, and has been admitted for full-time enrollment in an
420	eligible postsecondary education institution as defined in s.
421	1009.533;
422	(II) Is enrolled full time in an accredited high school,
423	is within 2 years of graduation, and has maintained a grade
424	point average of at least 2.0 on a scale of 4.0 for the two
425	semesters preceding the date of his or her 18th birthday; or
426	(III) Is enrolled full time in an accredited adult
427	education program designed to provide the student with a high
428	school diploma or its equivalent, is making satisfactory
429	progress in that program as certified by the program, and is
430	within 2 years of graduation.
431	3.a. The department must advertise the availability of the
432	program and must ensure that the children and young adults
433	leaving foster care, foster parents, or family services
434	counselors are informed of the availability of the program and
435	the application procedures.
436	b. A young adult must apply for the initial award during
437	the 6 months immediately preceding his or her 18th birthday. A
438	young adult who fails to make an initial application, but who
439	otherwise meets the criteria for an initial award, may make one
440	application for the initial award if such application is made
441	before the young adult's 21st birthday.
442	c. If funding for the program is available, the department
443	shall issue awards from the scholarship program for each young
444	adult who meets all the requirements of the program.
445	d. An award shall be issued at the time the eligible
446	student reaches 18 years of age.
447	e. If the award recipient transfers from one eligible
448	institution to another and continues to meet eligibility
449	requirements, the award must be transferred with the recipient.
450	f. Scholarship funds awarded to any eligible young adult
451	under this program are in addition to any other services
452	provided to the young adult by the department through its
453	independent living transition services.
454	g. The department shall provide information concerning
455	young adults receiving the Road-to-Independence Scholarship to
456	the Department of Education for inclusion in the student
457	financial assistance database, as provided in s. 1009.94.
458	h. Scholarship funds shall be terminated when the young
459	adult has attained a bachelor of arts or bachelor of science
460	degree, or equivalent undergraduate degree, or reaches 23 years
461	of age, whichever occurs earlier.
462	i. The department shall evaluate and renew each award
463	annually during the 90-day period before the young adult's
464	birthday. In order to be eligible for a renewal award for the
465	subsequent year, the young adult must:
466	(I) Complete at least 12 semester hours or the equivalent
467	in the last academic year in which the young adult earned a
468	scholarship, except for a young adult who meets the requirements
469	of s. 1009.41.
470	(II) Maintain the cumulative grade point average required
471	by the scholarship program, except that, if the young adult's
472	grades are insufficient to renew the scholarship at any time
473	during the eligibility period, the young adult may restore
474	eligibility by improving the grade point average to the required
475	level.
476	j. Scholarship funds may be terminated during the interim
477	between an award and the evaluation for a renewal award if the
478	department determines that the award recipient is no longer
479	enrolled in an educational institution as defined in sub-
480	subparagraph 2.d., or is no longer a state resident. The
481	department shall notify a student who is terminated and inform
482	the student of his or her right to appeal.
483	k. An award recipient who does not qualify for a renewal
484	award or who chooses not to renew the award may subsequently
485	apply for reinstatement. An application for reinstatement must
486	be made before the young adult reaches 23 years of age, and a
487	student may not apply for reinstatement more than once. In order
488	to be eligible for reinstatement, the young adult must meet the
489	eligibility criteria and the criteria for award renewal for the
490	scholarship program.
491	l. A young adult receiving continued services of the
492	foster care program under former s. 409.145(3) must transfer to
493	the scholarship program by July 1, 2003.
494	Section 16. Subsection (6) of section 440.38, Florida
495	Statutes, is amended to read:
496	440.38 Security for compensation; insurance carriers and
497	self-insurers.--
498	(6) The state and its boards, bureaus, departments, and
499	agencies and all of its political subdivisions which employ
500	labor, and the state universities,shall be deemed self-insurers
501	under the terms of this chapter, unless they elect to procure
502	and maintain insurance to secure the benefits of this chapter to
503	their employees; and they are hereby authorized to pay the
504	premiums for such insurance.
505	Section 17. Subsection (5) of section 445.012, Florida
506	Statutes, is amended to read:
507	445.012 Careers for Florida's Future Incentive Grant
508	Program.--
509	(5) A recipient who is pursuing a baccalaureate degree
510	shall receive $100 for each lower-division credit hour in which
511	the student is enrolled at an eligible college or university, up
512	to a maximum of $1,500 per semester, and $200 for each upper-
513	division credit hour in which the student is enrolled at an
514	eligible college or university, up to a maximum of $3,000 per
515	semester. For purposes of this section, a student is pursuing a
516	baccalaureate degree if he or she is in a program that
517	articulates into a baccalaureate degree program by agreement of
518	the State Board of EducationArticulation Coordinating
519	Committee. A student in an applied technology diploma program, a
520	certificate career education program, or a degree career
521	education program that does not articulate into a baccalaureate
522	degree program shall receive $2 for each vocational contact
523	hour, or the equivalent, for certificate programs, or $60 for
524	each credit hour, or the equivalent, for degree career education
525	programs and applied technology programs for which the student
526	is enrolled at an eligible college, technical center, or
527	nonpublic career education school.
528	Section 18. Subsection (5) of section 445.0122, Florida
529	Statutes, is amended to read:
530	445.0122 Student eligibility requirements for renewal
531	awards.--
532	(5) A student maintains eligibility for an award for 4
533	years following receipt of the initial award for courses in the
534	lower division and 4 years following receipt of the initial
535	award for courses in the upper division. For purposes of this
536	subsection, lower-division courses include courses in an
537	eligible applied technology diploma program or a certificate or
538	degree career education program that does not articulate into a
539	baccalaureate degree program by agreement of the State Board of
540	EducationArticulation Coordinating Committee, as well as
541	courses in associate in arts and associate in science degree
542	programs that articulate into a baccalaureate degree program.
543	Section 19. Subsections (4) and (5) of section 445.0123,
544	Florida Statutes, are amended to read:
545	445.0123 Eligible postsecondary education institutions.--A
546	student is eligible for an award or the renewal of an award from
547	the Careers for Florida's Future Incentive Grant Program if the
548	student meets the requirements for the program as described in
549	ss. 445.012-445.0125 and is enrolled in a postsecondary
550	education institution that meets the description of any one of
551	the following:
552	(4) An independent postsecondary education institution in
553	this state which is licensed by the Commission for Independent
554	EducationState Board of Independent Colleges and Universities
555	and which:
556	(a) Shows evidence of sound financial condition; and
557	(b) Has operated in this state for at least 3 years
558	without having its approval, accreditation, or license placed on
559	probation.
560	(5) An independent postsecondary education institution in
561	this state which is licensed by the Commission for Independent
562	EducationState Board of Nonpublic Career Educationand which:
563	(a) Has a program-completion and placement rate of at
564	least the rate required by current state law, the Florida
565	Administrative Code, or the Department of Education for an
566	institution at its level;
567	(b) Shows evidence of sound financial condition; and
568	(c)1. Is accredited at the institutional level by an
569	accrediting agency recognized by the United States Department of
570	Education and has operated in this state for at least 3 years
571	during which there has been no complaint for which probable
572	cause has been found; or
573	2. Has operated in this state for 5 years during which
574	there has been no complaint for which probable cause has been
575	found.
576	Section 20. Subsections (2) and (4) of section 445.0124,
577	Florida Statutes, are amended to read:
578	445.0124 Eligible programs.--
579	(2) Eligible lower-division programs are those programs
580	that prepare a student for admission to a degree program that
581	prepares students for employment in targeted career occupations
582	listed in subsection (3). These programs include any associate
583	in science degree program that articulates into a baccalaureate
584	degree program by agreement of the State Board of Education
585	Articulation Coordinating Committee.
586	(4) Eligible career education programs are those programs
587	in the following business sectors: information
588	technology/telecommunications, biomedical technology,
589	manufacturing-electronics, aviation/transportation, and skilled
590	building trades. Workforce Florida, Inc., must determine
591	eligible programs within these sectors annually in cooperation
592	with the State Board of Community Colleges and the Department of
593	Education.
594	Section 21. Section 455.2125, Florida Statutes, is amended
595	to read:
596	455.2125 Consultation with postsecondary education boards
597	prior to adoption of changes to training requirements.--Any
598	state agency or board that has jurisdiction over the regulation
599	of a profession or occupation shall consult with the Commission
600	for Independent EducationState Board of Independent Colleges
601	and Universities, the State Board of Nonpublic Career Education,
602	the Board of GovernorsRegents, and the State Board of Education
603	Community Collegesprior to adopting any changes to training
604	requirements relating to entry into the profession or
605	occupation. This consultation must allow the educational board
606	to provide advice regarding the impact of the proposed changes
607	in terms of the length of time necessary to complete the
608	training program and the fiscal impact of the changes. The
609	educational board must be consulted only when an institution
610	offering the training program falls under its jurisdiction.
611	Section 22. Section 456.028, Florida Statutes, is amended
612	to read:
613	456.028 Consultation with postsecondary education boards
614	prior to adoption of changes to training requirements.--Any
615	state agency or board that has jurisdiction over the regulation
616	of a profession or occupation shall consult with the Commission
617	for Independent EducationState Board of Independent Colleges
618	and Universities, the State Board of Nonpublic Career Education,
619	the Board of GovernorsRegents, and the State Board of Education
620	Community Collegesprior to adopting any changes to training
621	requirements relating to entry into the profession or
622	occupation. This consultation must allow the educational board
623	to provide advice regarding the impact of the proposed changes
624	in terms of the length of time necessary to complete the
625	training program and the fiscal impact of the changes. The
626	educational board must be consulted only when an institution
627	offering the training program falls under its jurisdiction.
628	Section 23. Paragraph (c) of subsection (6) of section
629	458.347, Florida Statutes, is amended to read:
630	458.347 Physician assistants.--
631	(6) PROGRAM APPROVAL.--
632	(c) Any community college with the approval of the State
633	Board of EducationCommunity Collegesmay conduct a physician
634	assistant program which shall apply for national accreditation
635	through the American Medical Association's Committee on Allied
636	Health, Education, and Accreditation, or its successor
637	organization, and which may admit unlicensed physicians, as
638	authorized in subsection (7), who are graduates of foreign
639	medical schools listed with the World Health Organization. The
640	unlicensed physician must have been a resident of this state for
641	a minimum of 12 months immediately prior to admission to the
642	program. An evaluation of knowledge base by examination shall be
643	required to grant advanced academic credit and to fulfill the
644	necessary requirements to graduate. A minimum of one 16-week
645	semester of supervised clinical and didactic education, which
646	may be completed simultaneously, shall be required before
647	graduation from the program. All other provisions of this
648	section shall remain in effect.
649	Section 24. Subsection (8) of section 467.009, Florida
650	Statutes, is amended to read:
651	467.009 Midwifery programs; education and training
652	requirements.--
653	(8) Nonpublic educational institutions that conduct
654	approved midwifery programs shall be accredited by a member of
655	the Commission on Recognition of Postsecondary Accreditation and
656	shall be licensed by the Commission for Independent Education
657	State Board of Nonpublic Career Education.
658	Section 25. Section 488.01, Florida Statutes, is amended
659	to read:
660	488.01 License to engage in business of operating a
661	driver's school required.--The Department of Highway Safety and
662	Motor Vehicles shall oversee and license all commercial driver's
663	schools except truck driving schools. All commercial truck
664	driving schools shall be required to be licensed pursuant to
665	chapter 1005, and additionally shall be subject to the
666	provisions of ss. 488.04 and 488.05. No person, group,
667	organization, institution, business entity, or corporate entity
668	may engage in the business of operating a driver's school
669	without first obtaining a license therefor from the Department
670	of Highway Safety and Motor Vehicles pursuant to this chapter or
671	from the Commission for Independent EducationState Board of
672	Nonpublic Career Educationpursuant to chapter 1005.
673	Section 26. Section 489.125, Florida Statutes, is amended
674	to read:
675	489.125 Prequalification of certificateholders.--Any
676	person holding a certificate shall be prequalified to bid by a
677	district school board pursuant to uniform prequalification of
678	contractors criteria adopted by rule of the State Board
679	Commissionerof Education. This section does not supersede any
680	small, woman-owned or minority-owned business enterprise
681	preference program adopted by a district school board. A
682	district school board may not modify or supplement the uniform
683	prequalification criteria adopted by rule. A person holding a
684	certificate must apply to each board for prequalification
685	consideration.
686	Section 27. Section 784.081, Florida Statutes, is amended
687	to read:
688	784.081 Assault or battery on specified officials or
689	employees; reclassification of offenses.--Whenever a person is
690	charged with committing an assault or aggravated assault or a
691	battery or aggravated battery upon any elected official or
692	employee of: a school district; a private school; the Florida
693	School for the Deaf and the Blind; a university lab
694	developmental researchschool; a state university or any other
695	entity of the state system of public education, as defined in s.
696	1000.04; an employee or protective investigator of the
697	Department of Children and Family Services; or an employee of a
698	lead community-based provider and its direct service contract
699	providers, when the person committing the offense knows or has
700	reason to know the identity or position or employment of the
701	victim, the offense for which the person is charged shall be
702	reclassified as follows:
703	(1) In the case of aggravated battery, from a felony of
704	the second degree to a felony of the first degree.
705	(2) In the case of aggravated assault, from a felony of
706	the third degree to a felony of the second degree.
707	(3) In the case of battery, from a misdemeanor of the
708	first degree to a felony of the third degree.
709	(4) In the case of assault, from a misdemeanor of the
710	second degree to a misdemeanor of the first degree.
711	Section 28. Section 817.566, Florida Statutes, is amended
712	to read:
713	817.566 Misrepresentation of association with, or academic
714	standing at, postsecondary educational institution.--Any person
715	who, with intent to defraud, misrepresents his or her
716	association with, or academic standing or other progress at, any
717	postsecondary educational institution by falsely making,
718	altering, simulating, or forging a document, degree,
719	certificate, diploma, award, record, letter, transcript, form,
720	or other paper; or any person who causes or procures such a
721	misrepresentation; or any person who utters and publishes or
722	otherwise represents such a document, degree, certificate,
723	diploma, award, record, letter, transcript, form, or other paper
724	as true, knowing it to be false, is guilty of a misdemeanor of
725	the first degree, punishable as provided in s. 775.082 or s.
726	775.083. Individuals who present a religious academic degree
727	from any college, university, seminary, or institution which is
728	not licensed by the Commission for Independent EducationState
729	Board of Independent Colleges and Universitiesor which is not
730	exempt pursuant to the provisions of s. 1005.06(1)(e)246.085
731	shall disclose the religious nature of the degree upon
732	presentation.
733	Section 29. Paragraph (d) of subsection (1) of section
734	817.567, Florida Statutes, is amended to read:
735	817.567 Making false claims of academic degree or title.--
736	(1) No person in the state may claim, either orally or in
737	writing, to possess an academic degree, as defined in s.
738	1005.02, or the title associated with said degree, unless the
739	person has, in fact, been awarded said degree from an
740	institution that is:
741	(d) Licensed by the Commission for Independent Education
742	State Board of Independent Colleges and Universitiespursuant to
743	ss. 1005.01-1005.38 or exempt from licensure pursuant to chapter
744	1005s. 246.085; or
745	Section 30. Subsection (4) of section 943.17, Florida
746	Statutes, is amended to read:
747	943.17 Basic recruit, advanced, and career development
748	training programs; participation; cost; evaluation.--The
749	commission shall, by rule, design, implement, maintain,
750	evaluate, and revise entry requirements and job-related
751	curricula and performance standards for basic recruit, advanced,
752	and career development training programs and courses. The rules
753	shall include, but are not limited to, a methodology to assess
754	relevance of the subject matter to the job, student performance,
755	and instructor competency.
756	(4) The commission may, by rule, establish a sponsorship
757	program for prospective officers. The rule shall specify the
758	provisions of s. 943.13 that must be satisfied prior to the
759	prospective officer's enrollment in a basic recruit training
760	course. However, the rule shall not conflict with any laws or
761	rules of the State BoardDepartmentof Education relating to
762	student enrollment.
763	Section 31. Paragraph (a) of subsection (1) of section
764	943.22, Florida Statutes, is amended to read:
765	943.22 Salary incentive program for full-time officers.--
766	(1) For the purpose of this section, the term:
767	(a) "Accredited college, university, or community college"
768	means a college, university, or community college which has been
769	accredited by the Southern Association of Colleges and Schools,
770	another regional accrediting agency, or the Accrediting Council
771	Commissionfor Independent Colleges and Schools.
772	Section 32. Subsection (1) of section 1000.04, Florida
773	Statutes, is amended to read:
774	1000.04 Components for the delivery of public education
775	within the Florida K-20 education system.--Florida's K-20
776	education system provides for the delivery of public education
777	through publicly supported and controlled K-12 schools,
778	community colleges, state universities and other postsecondary
779	educational institutions, other educational institutions, and
780	other educational services as provided or authorized by the
781	Constitution and laws of the state.
782	(1) PUBLIC K-12 SCHOOLS.--The public K-12 schools include
783	charter schools and consist of kindergarten classes; elementary,
784	middle, and high school grades and special classes; workforce
785	development education; areatechnical centers; adult, part-time,
786	career and technical, and evening schools, courses, or classes,
787	as authorized by law to be operated under the control of
788	district school boards; and lab schools operated under the
789	control of state universities.
790	Section 33. Paragraph (a) of subsection (2) of section
791	1001.26, Florida Statutes, is amended to read:
792	1001.26 Public broadcasting program system.--
793	(2)(a) The Department of Education is responsible for
794	implementing the provisions of this section pursuant to s.
795	282.102part III of chapter 287and may employ personnel,
796	acquire equipment and facilities, and perform all duties
797	necessary for carrying out the purposes and objectives of this
798	section.
799	Section 34. Subsection (1) of section 1001.32, Florida
800	Statutes, is amended to read:
801	1001.32 Management, control, operation, administration,
802	and supervision.--The district school system must be managed,
803	controlled, operated, administered, and supervised as follows:
804	(1) DISTRICT SYSTEM.--The district school system shall be
805	considered as a part of the state system of public education.
806	All actions of district school officials shall be consistent and
807	in harmony with state laws and with rules and minimum standards
808	of the state board and the commissioner. District school
809	officials, however, shall have the authority to provide
810	additional educational opportunities, as desired, which are
811	authorized, but not required, by law or by the district school
812	board.
813	Section 35. Subsection (3) of section 1001.372, Florida
814	Statutes, is amended to read:
815	1001.372 District school board meetings.--
816	(3) REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The
817	presiding officer of any district school board may order the
818	removal, from a public meeting held by the district school
819	board, of any person interfering with the expeditious or orderly
820	process of such meeting, provided such officer has first issued
821	a warning that continued interference with the orderly processes
822	of the meeting will result in removal. Any law enforcement
823	authority or a sergeant-at-arms designated by the officer shall
824	remove any person ordered removed pursuant to this subsection
825	section.
826	Section 36. Section 1001.395, Florida Statutes, is amended
827	to read:
828	1001.395 District school board members; compensation.--
829	(1) Each district school board shall annually determine
830	the salary of its members at anythe firstregular meeting
831	following the organizational meeting held pursuant to s.
832	1001.371 and prior to July 1 of the following year. The proposed
833	salary to be adopted shall be noticed at the time of the meeting
834	notice and shall not be increased during that samethe meeting
835	or any subsequent meeting held prior to the beginning of the
836	district’s next fiscal year. The salary adopted by the district
837	school board shall be in effect during the next fiscal year
838	succeeding 12 months.
839	(2) The salary adopted by the district school board shall
840	apply to each district school board memberThis section shall
841	apply to any district school board member elected or reelected
842	at the November 2002 general election or any subsequent general
843	electionand to any person appointed to fill a vacancy in the
844	office of any such member.
845	Section 37. Paragraph (m) of subsection (4) of section
846	1001.42, Florida Statutes, is amended to read:
847	1001.42 Powers and duties of district school board.--The
848	district school board, acting as a board, shall exercise all
849	powers and perform all duties listed below:
850	(4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
851	SCHOOLS.--Adopt and provide for the execution of plans for the
852	establishment, organization, and operation of the schools of the
853	district, including, but not limited to, the following:
854	(m) Alternative education programs for students in
855	residential care facilities.--Provide, in accordance with the
856	provisions of s. 1003.58chapter 1006, educational programs
857	according to rules of the State Board of Education to students
858	who reside in residential care facilities operated by the
859	Department of Children and Family Services.
860	Section 38. Subsection (2) of section 1001.47, Florida
861	Statutes, is amended, subsections (3), (4), and (5) are
862	renumbered as subsections (4), (5), and (6), respectively, and a
863	new subsection (3) is added to said section, to read:
864	1001.47 District school superintendent; salary.--
865	(2) Each elected district school superintendent shall
866	receive a base salary, the amounts indicated below, based on the
867	population of the county the elected superintendent serves. In
868	addition, compensation shall be made for population increments
869	over the minimum for each population group, which shall be
870	determined by multiplying the population in excess of the
871	minimum for the group times the group rate. The product of such
872	calculation shall be added to the base salary to determine the
873	adjusted base salary. Laws that increase the base salary
874	provided in this subsection shall contain provisions on no other
875	subject.
876
877	Pop. Group County Pop. Range Base Salary Group Rate
878	Minimum Maximum
879	I -0- 49,999 $21,250 $0.07875
880	II 50,000 99,999 24,400 0.06300
881	III 100,000 199,999 27,550 0.02625
882	IV 200,000 399,999 30,175 0.01575
883	V 400,000 999,999 33,325 0.00525
884	VI 1,000,000 36,475 0.00400
885	@_@10@_@
886	Notwithstanding the provisions of chapter 145 to the contrary,
887	the annual salaries of elected district school superintendents
888	for 1993 and each year thereafter shall be established at the
889	same amounts as the district school superintendents were paid
890	for fiscal year 1991-1992, adjusted by each annual increase
891	provided for in chapter 145.
892	(3) The adjusted base salaries of elected district school
893	superintendents shall be increased annually as provided for in
894	s. 145.19. Any salary previously paid to elected
895	superintendents, including the salary calculated for fiscal year
896	2002-2003, which was consistent with chapter 145 and s. 230.303,
897	Florida Statutes 2001, is hereby ratified and validated.
898	Section 39. Paragraph (f) of subsection (3) of section
899	1001.50, Florida Statutes, is amended to read:
900	1001.50 Superintendents employed under Art. IX of the
901	State Constitution.--
902	(3) The district school board of each such district shall
903	pay to the district school superintendent a reasonable annual
904	salary. In determining the amount of compensation to be paid,
905	the board shall take into account such factors as:
906	(f) The educational qualifications,andprofessional
907	experience, and ageof the candidate for the position of
908	district school superintendent.
909	Section 40. Subsection (16) of section 1001.51, Florida
910	Statutes, is amended to read:
911	1001.51 Duties and responsibilities of district school
912	superintendent.--The district school superintendent shall
913	exercise all powers and perform all duties listed below and
914	elsewhere in the law, provided that, in so doing, he or she
915	shall advise and counsel with the district school board. The
916	district school superintendent shall perform all tasks necessary
917	to make sound recommendations, nominations, proposals, and
918	reports required by law to be acted upon by the district school
919	board. All such recommendations, nominations, proposals, and
920	reports by the district school superintendent shall be either
921	recorded in the minutes or shall be made in writing, noted in
922	the minutes, and filed in the public records of the district
923	school board. It shall be presumed that, in the absence of the
924	record required in this section, the recommendations,
925	nominations, and proposals required of the district school
926	superintendent were not contrary to the action taken by the
927	district school board in such matters.
928	(16) VISITATION OF SCHOOLS.--Visit the schools; observe
929	the management and instruction; give suggestions for
930	improvement; and advise supervisors, principals, teachers,
931	patrons,and other citizens with the view of promoting interest
932	in education and improving the school conditions of the
933	district.
934	Section 41. Subsection (19) of section 1001.74, Florida
935	Statutes, is amended to read:
936	1001.74 Powers and duties of university boards of
937	trustees.--
938	(19) Each board of trustees shall establish the personnel
939	program for all employees of the university, including the
940	president, pursuant to the provisions of chapter 1012 and, in
941	accordance with rules and guidelines of the State Board of
942	Education, including: compensation and other conditions of
943	employment, recruitment and selection, nonreappointment,
944	standards for performance and conduct, evaluation, benefits and
945	hours of work, leave policies, recognition and awards,
946	inventions and works, travel, learning opportunities, exchange
947	programs, academic freedom and responsibility, promotion,
948	assignment, demotion, transfer, tenure and permanent status,
949	ethical obligations and conflicts of interest, restrictive
950	covenants, disciplinary actions, complaints, appeals and
951	grievance procedures, and separation and termination from
952	employment. The Department of Management Services shall retain
953	authority over state university employees for programs
954	established in ss. 110.123, 110.1232, 110.1234, and 110.1238,
955	and 110.161and in chapters 121, 122, and 238.
956	Section 42. Subsection (2) of section 1002.01, Florida
957	Statutes, is amended to read:
958	1002.01 Definitions.--
959	(2) A "private school" is a nonpublic school defined as an
960	individual, association, copartnership, or corporation, or
961	department, division, or section of such organizations, that
962	designates itself as an educational center that includes
963	kindergarten or a higher grade or as an elementary, secondary,
964	business, technical, or trade school below college level or any
965	organization that provides instructional services that meet the
966	intent of s. 1003.01(13)1003.01(14)or that gives preemployment
967	or supplementary training in technology or in fields of trade or
968	industry or that offers academic, literary, or career and
969	technical training below college level, or any combination of
970	the above, including an institution that performs the functions
971	of the above schools through correspondence or extension, except
972	those licensed under the provisions of chapter 1005. A private
973	school may be a parochial, religious, denominational, for-
974	profit, or nonprofit school. This definition does not include
975	home education programs conducted in accordance with s. 1002.41.
976	Section 43. Paragraph (b) of subsection (2) of section
977	1002.20, Florida Statutes, is amended to read:
978	1002.20 K-12 student and parent rights.--K-12 students and
979	their parents are afforded numerous statutory rights including,
980	but not limited to, the following:
981	(2) ATTENDANCE.--
982	(b) Regular school attendance.--Parents of students who
983	have attained the age of 6 years by February 1 of any school
984	year but who have not attained the age of 16 years must comply
985	with the compulsory school attendance laws. Parents have the
986	option to comply with the school attendance laws by attendance
987	of the student in a public school; a parochial, religious, or
988	denominational school; a private school; a home education
989	program; or a private tutoring program, in accordance with the
990	provisions of s. 1003.01(13)1003.01(14).
991	Section 44. Paragraph (a) of subsection (3) and paragraph
992	(a) of subsection (11) of section 1002.32, Florida Statutes, are
993	amended to read:
994	1002.32 Developmental research (laboratory) schools.--
995	(3) MISSION.--The mission of a lab school shall be the
996	provision of a vehicle for the conduct of research,
997	demonstration, and evaluation regarding management, teaching,
998	and learning. Programs to achieve the mission of a lab school
999	shall embody the goals and standards established pursuant to ss.
1000	1000.03(5) and 1001.23(2) and shall ensure an appropriate
1001	education for its students.
1002	(a) Each lab school shall emphasize mathematics, science,
1003	computer science, and foreign languages. The primary goal of a
1004	lab school is to enhance instruction and research in such
1005	specialized subjects by using the resources available on a state
1006	university campus, while also providing an education in
1007	nonspecialized subjects. Each lab school shall provide
1008	sequential elementary and secondary instruction where
1009	appropriate. A lab school may not provide instruction at grade
1010	levels higher than grade 12 without authorization from the State
1011	Board of Education. Each labdevelopmental researchschool shall
1012	develop and implement a school improvement plan pursuant to s.
1013	1003.02(3).
1014	(11) EXCEPTIONS TO LAW.--To encourage innovative practices
1015	and facilitate the mission of the lab schools, in addition to
1016	the exceptions to law specified in s. 1001.23(2), the following
1017	exceptions shall be permitted for lab schools:
1018	(a) The methods and requirements of the following statutes
1019	shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
1020	1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
1021	1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
1022	1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
1023	1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
1024	1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4); 1006.23;
1025	1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
1026	1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
1027	1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
1028	1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
1029	1011.73; and 1011.74; and 1013.77.
1030	Section 45. Paragraph (c) of subsection (18), paragraphs
1031	(c), (d), and (e) of subsection (19), paragraph (c) of
1032	subsection (21), and subsections (25) and (26) of section
1033	1002.33, Florida Statutes, are amended to read:
1034	1002.33 Charter schools.--
1035	(18) FUNDING.--Students enrolled in a charter school,
1036	regardless of the sponsorship, shall be funded as if they are in
1037	a basic program or a special program, the same as students
1038	enrolled in other public schools in the school district. Funding
1039	for a charter lab school shall be as provided in s. 1002.32.
1040	(c) If the district school board is providing programs or
1041	services to students funded by federal funds, any eligible
1042	students enrolled in charter schools in the school district
1043	shall be provided federal funds for the same level of service
1044	provided students in the schools operated by the district school
1045	board. Pursuant to provisions of 20 U.S.C. ss. 8061-806620
1046	U.S.C. 8061 s. 10306, all charter schools shall receive all
1047	federal funding for which the school is otherwise eligible,
1048	including Title I funding, not later than 5 months after the
1049	charter school first opens and within 5 months after any
1050	subsequent expansion of enrollment.
1051	(19) FACILITIES.--
1052	(c) Charter school facilities shall utilize facilities
1053	which comply with the Florida Building Code, pursuant to chapter
1054	553, and the Florida Fire Prevention Code, pursuant to chapter
1055	633.
1056	(c)(d)Charter school facilities are exempt from
1057	assessments of fees for building permits, except as provided in
1058	s. 553.80, and from assessments of impact fees or service
1059	availability fees.
1060	(d)(e)If a district school board facility or property is
1061	available because it is surplus, marked for disposal, or
1062	otherwise unused, it shall be provided for a charter school's
1063	use on the same basis as it is made available to other public
1064	schools in the district. A charter school receiving property
1065	from the school district may not sell or dispose of such
1066	property without written permission of the school district.
1067	Similarly, for an existing public school converting to charter
1068	status, no rental or leasing fee for the existing facility or
1069	for the property normally inventoried to the conversion school
1070	may be charged by the district school board to the parents and
1071	teachers organizing the charter school. The charter organizers
1072	shall agree to reasonable maintenance provisions in order to
1073	maintain the facility in a manner similar to district school
1074	board standards. The Public Education Capital Outlay maintenance
1075	funds or any other maintenance funds generated by the facility
1076	operated as a conversion school shall remain with the conversion
1077	school.
1078	(21) SERVICES.--
1079	(c) Transportation of charter school students shall be
1080	provided by the charter school consistent with the requirements
1081	of subpart I.e. of chapter 1006 and s. 1012.45. The governing
1082	body of the charter school may provide transportation through an
1083	agreement or contract with the district school board, a private
1084	provider, or parents. The charter school and the sponsor shall
1085	cooperate in making arrangements that ensure that transportation
1086	is not a barrier to equal access for all students residing
1087	within a reasonable distance of the charter school as determined
1088	in its charter.
1089	(25) CONVERSION CHARTER SCHOOL PILOT PROGRAM.--
1090	(a) The conversion charter school pilot program is hereby
1091	established with the intent to provide incentives for local
1092	school districts to approve conversion charter schools.
1093	(b) The conversion charter school pilot program shall be a
1094	statewide pilot program in which 10 schools shall be selected
1095	based on a competitive application process in accordance with
1096	this section.
1097	(c) The purpose of the pilot program is to produce
1098	significant improvements in student achievement and school
1099	management, to encourage and measure the use of innovative
1100	learning methods, and to make the school the unit for
1101	improvement.
1102	(d) Each school principal or a majority of the parents of
1103	students attending the school, a majority of the school's
1104	teachers, or a majority of the members of the school advisory
1105	council may apply to the school district to participate in this
1106	pilot program on forms which shall be provided by the Department
1107	of Education. The forms shall include acknowledgment by the
1108	school principal of applicable provisions of this section and s.
1109	1013.62. For purposes of this paragraph, "a majority of the
1110	parents of students attending the school" means more than 50
1111	percent of the parents voting whose children are enrolled at the
1112	school, provided that a majority of the parents eligible to vote
1113	participate in the ballot process; and "a majority of the
1114	school's teachers" means more than 50 percent of the teachers
1115	employed at the school, according to procedures established by
1116	rule of the State Board of Education pursuant to subsections (3)
1117	and (4).
1118	(e) A person or group who has applied to participate in
1119	the pilot program created by this section, pursuant to paragraph
1120	(d), shall not be subject to an unlawful reprisal, as defined by
1121	paragraph (4)(a), as a consequence of such application. The
1122	procedures established by subsections (3) and (4) shall apply to
1123	any alleged unlawful reprisal which occurs as a consequence of
1124	such application.
1125	(f) A district school board shall receive and review all
1126	applications by school principals, parents, teachers, or school
1127	advisory council members to participate in the pilot project;
1128	shall select the best applications; and shall submit these
1129	applications, together with the district school board's letter
1130	of endorsement and commitment of support and cooperation toward
1131	the success of program implementation, for review by the
1132	statewide selection panel established pursuant to paragraph (g).
1133	(g) A conversion charter school pilot program statewide
1134	selection panel is established. The panel shall be comprised of
1135	the following nine members who are not elected public officials:
1136	1. Three members shall be appointed by the Governor.
1137	2. Two members shall be appointed by the Commissioner of
1138	Education.
1139	3. Two members shall be appointed by the President of the
1140	Senate.
1141	4. Two members shall be appointed by the Speaker of the
1142	House of Representatives.
1143
1144	The panel shall review the conversion charter school pilot
1145	program applications submitted by the district school boards and
1146	shall select the 10 applications which the panel deems best
1147	comply with the purpose of the program pursuant to paragraph
1148	(c).
1149	(h) Each district school board in which there is a school
1150	selected by the statewide panel for participation in the pilot
1151	program shall receive a grant as provided in the General
1152	Appropriations Act:
1153	1. One hundred thousand dollars for planning and
1154	development for each conversion charter school selected; and
1155	2.a. Eighty thousand dollars for each conversion charter
1156	school selected with 500 or fewer students;
1157	b. One hundred thousand dollars for each conversion
1158	charter school selected with more than 500 but fewer than 1,001
1159	students; or
1160	c. One hundred twenty thousand dollars for each conversion
1161	charter school selected with more than 1,000 students.
1162
1163	The Commissioner of Education may reduce the district's FEFP
1164	funding entitlement by the amount of the grant awarded under
1165	this subsection if he or she determines that the district has
1166	failed to comply with its letter of endorsement and commitment
1167	of support and cooperation submitted under paragraph (f).
1168	(i) Each conversion charter school selected for
1169	participation in the pilot program shall make annual progress
1170	reports to the district school board and the Commissioner of
1171	Education detailing the school's progress in achieving the
1172	purpose of the program as described in paragraph (c).
1173	(25)(26)RULEMAKING.--The Department of Education, after
1174	consultation with school districts and charter school directors,
1175	shall recommend that the State Board of Education adopt rules to
1176	implement specific subsections of this section. Such rules shall
1177	require minimum paperwork and shall not limit charter school
1178	flexibility authorized by statute.
1179	Section 46. Subsections (7) and (14) of section 1002.42,
1180	Florida Statutes, are amended to read:
1181	1002.42 Private schools.--
1182	(7) ATTENDANCE REQUIREMENTS.--Attendance of a student at a
1183	private, parochial, religious, or denominational school
1184	satisfies the attendance requirements of ss. 1003.01(13)
1185	1003.01(14)and 1003.21(1).
1186	(14) BUS DRIVER TRAINING.--Private school bus drivers may
1187	participate in a district school board's bus driver training
1188	program, if the district school board makes the program
1189	available pursuant to s. 1012.45(4)1006.26.
1190	Section 47. Subsection (1) of section 1002.43, Florida
1191	Statutes, is amended to read:
1192	1002.43 Private tutoring programs.--
1193	(1) Regular school attendance as defined in s. 1003.01(13)
1194	1003.01(14)may be achieved by attendance in a private tutoring
1195	program if the person tutoring the student meets the following
1196	requirements:
1197	(a) Holds a valid Florida certificate to teach the
1198	subjects or grades in which instruction is given.
1199	(b) Keeps all records and makes all reports required by
1200	the state and district school board and makes regular reports on
1201	the attendance of students in accordance with the provisions of
1202	s. 1003.23(2).
1203	(c) Requires students to be in actual attendance for the
1204	minimum length of time prescribed by s. 1011.60(2).
1205	Section 48. Subsection (4) of section 1003.22, Florida
1206	Statutes, is amended to read:
1207	1003.22 School-entry health examinations; immunization
1208	against communicable diseases; exemptions; duties of Department
1209	of Health.--
1210	(4) Each district school board and the governing authority
1211	of each private school shall establish and enforce as policy
1212	that, prior to admittance to or attendance in a public or
1213	private school, grades prekindergartenkindergartenthrough 12,
1214	each child present or have on file with the school a
1215	certification of immunization for the prevention of those
1216	communicable diseases for which immunization is required by the
1217	Department of Health and further shall provide for appropriate
1218	screening of its students for scoliosis at the proper age. Such
1219	certification shall be made on forms approved and provided by
1220	the Department of Health and shall become a part of each
1221	student's permanent record, to be transferred when the student
1222	transfers, is promoted, or changes schools. The transfer of such
1223	immunization certification by Florida public schools shall be
1224	accomplished using the Florida Automated System for Transferring
1225	Education Records and shall be deemed to meet the requirements
1226	of this section.
1227	Section 49. Paragraph (c) of subsection (1) and subsection
1228	(12) of section 1003.43, Florida Statutes, are amended to read:
1229	1003.43 General requirements for high school graduation.--
1230	(1) Graduation requires successful completion of either a
1231	minimum of 24 academic credits in grades 9 through 12 or an
1232	International Baccalaureate curriculum. The 24 credits shall be
1233	distributed as follows:
1234	(c) Three credits in science, two of which must have a
1235	laboratory component. The State Board of Education may grant an
1236	annual waiver of the laboratory requirement to a district school
1237	board that certifies that its laboratory facilities are
1238	inadequate, provided the district school board submits a capital
1239	outlay plan to provide adequate facilities and makes the funding
1240	of this plan a priority of the district school board.
1241	Agriscience Foundations I, the core course in secondary
1242	Agriscience and Natural Resources programs, counts as one of the
1243	science credits.
1244
1245	District school boards may award a maximum of one-half credit in
1246	social studies and one-half elective credit for student
1247	completion of nonpaid voluntary community or school service
1248	work. Students choosing this option must complete a minimum of
1249	75 hours of service in order to earn the one-half credit in
1250	either category of instruction. Credit may not be earned for
1251	service provided as a result of court action. District school
1252	boards that approve the award of credit for student volunteer
1253	service shall develop guidelines regarding the award of the
1254	credit, and school principals are responsible for approving
1255	specific volunteer activities. A course designated in the Course
1256	Code Directory as grade 9 through grade 12 that is taken below
1257	the 9th grade may be used to satisfy high school graduation
1258	requirements or Florida Academic Scholars award requirements as
1259	specified in a district school board's student progression plan.
1260	A student shall be granted credit toward meeting the
1261	requirements of this subsection for equivalent courses, as
1262	identified pursuant to s. 1007.271(6), taken through dual
1263	enrollment.
1264	(12) The Commissioner of Education may award a standard
1265	high school diploma to honorably discharged veterans who started
1266	high school between 1946 and 19551950and were scheduled to
1267	graduate between 1950 and 1954, but were inducted into the
1268	United States Armed Forces between June 27, 1950 and January 31,
1269	1954, and served during the Korean ConflictWarprior to
1270	completing the
1271	necessary high school graduation requirements. Upon the
1272	recommendation of the commissioner, the State Board of Education
1273	may develop criteria and guidelines for awarding such diplomas.
1274	Section 50. Subsection (4) of section 1003.52, Florida
1275	Statutes, is amended to read:
1276	1003.52 Educational services in Department of Juvenile
1277	Justice programs.--
1278	(4) Educational services shall be provided at times of the
1279	day most appropriate for the juvenile justice program. School
1280	programming in juvenile justice detention, commitment, and
1281	rehabilitation programs shall be made available by the local
1282	school district during the juvenile justice school year, as
1283	defined in s. 1003.01(11)1003.01(12).
1284	Section 51. Paragraph (a) of subsection (7) of section
1285	1003.63, Florida Statutes, is amended to read:
1286	1003.63 Deregulated public schools pilot program.--
1287	(7) EXEMPTION FROM STATUTES.--
1288	(a) A deregulated public school shall operate in
1289	accordance with its proposal and shall be exempt from all
1290	statutes of the Florida K-20 Education Code, except those
1291	pertaining to civil rights and student health, safety, and
1292	welfare, or as otherwise required by this section. A deregulated
1293	public school shall not be exempt from the following statutes:
1294	chapter 119, relating to public records, ands. 286.011,
1295	relating to public meetings and records, public inspection, and
1296	penalties, and chapters 1010 and 1011 if exemption. The school
1297	district, upon request of a deregulated public school, may apply
1298	to the State Board of Education for a waiver of provisions of
1299	law applicable to deregulated public schools under this section,
1300	except that the provisions of chapter 1010 or chapter 1011 shall
1301	not be eligible for waiver if the waiverwould affect funding
1302	allocations or create inequity in public school funding. The
1303	State Board of Education may grant the waiver if necessary to
1304	implement the school program.
1305	Section 52. Subsection (5) of section 1004.24, Florida
1306	Statutes, is amended to read:
1307	1004.24 State Board of Education authorized to secure
1308	liability insurance.--
1309	(5) Each self-insurance program council shall make
1310	provision for an annual financial audit pursuant to s. 11.45
1311	postaudit of its financialaccounts to be conducted by an
1312	independent certified public accountant. The annual audit report
1313	must include a management letter and shall be submitted to the
1314	State Board of Education for review. The State Board of
1315	Education shall have the authority to require and receive from
1316	the self-insurance program council or from its independent
1317	auditor any detail or supplemental data relative to the
1318	operation of the self-insurance program.
1319	Section 53. Subsections (1) and (5) of section 1004.26,
1320	Florida Statutes, are amended to read:
1321	1004.26 University student governments.--
1322	(1) A student government is created on the main campus of
1323	each state university. In addition, each university board of
1324	trustees may establish a student government on any branch campus
1325	or center. Each student government is a part of the university
1326	at which it is established.
1327	(5) Each student government is a part of the university at
1328	which it is established. If an internal procedure of the
1329	university student government is disapproved by the university
1330	president under s. 229.0082(15), a member of the university
1331	board of trustees may request a review of the disapproved
1332	procedure at the next meeting of the board of trustees.
1333	Section 54. Paragraph (d) of subsection (3) of section
1334	1004.445, Florida Statutes, is amended to read:
1335	1004.445 Florida Alzheimer's Center and Research
1336	Institute.--
1337	(3) The State Board of Education shall provide in the
1338	agreement with the not-for-profit corporation for the following:
1339	(d) Preparation of an annual financial audit pursuant to
1340	s. 11.45postaudit of the not-for-profit corporation's financial
1341	accounts and the financialaccounts of any subsidiaries to be
1342	conducted by an independent certified public accountant. The
1343	annual audit report shall include management letters and shall
1344	be submitted to the Auditor General and the State Board of
1345	Education for review. The State Board of Education, the Auditor
1346	General, and the Office of Program Policy Analysis and
1347	Government Accountability shall have the authority to require
1348	and receive from the not-for-profit corporation and any
1349	subsidiaries, or from their independent auditor, any detail or
1350	supplemental data relative to the operation of the not-for-
1351	profit corporation or subsidiary.
1352	Section 55. Paragraph (a) of subsection (1) of section
1353	1005.04, Florida Statutes, is amended to read:
1354	1005.04 Fair consumer practices.--
1355	(1) Every institution that is under the jurisdiction of
1356	the commission or is exempt from the jurisdiction or purview of
1357	the commission pursuant to s. 1005.06(1)(c) or (f) and that
1358	either directly or indirectly solicits for enrollment any
1359	student shall:
1360	(a) Disclose to each prospective student a statement of
1361	the purpose of such institution, its educational programs and
1362	curricula, a description of its physical facilities, its status
1363	regarding licensure, its fee schedule and policies regarding
1364	retaining student fees if a student withdraws, and a statement
1365	regarding the transferability of credits to and from other
1366	institutions. The institution shall make the required
1367	disclosures in writing at least 1 week prior to enrollment or
1368	collection of any tuition from the prospective student. The
1369	required disclosures may be made in the institution's current
1370	catalog;.
1371	Section 56. Subsection (1) of section 1006.06, Florida
1372	Statutes, is amended to read:
1373	1006.06 School food service programs.--
1374	(1) In recognition of the demonstrated relationship
1375	between good nutrition and the capacity of students to develop
1376	and learn, it is the policy of the state to provide standards
1377	for school food service and to require district school boards to
1378	establish and maintain an appropriate nonprofitprivateschool
1379	food service program consistent with the nutritional needs of
1380	students.
1381	Section 57. Subsection (5) of section 1006.14, Florida
1382	Statutes, is amended to read:
1383	1006.14 Secret societies prohibited in public K-12
1384	schools.--
1385	(5) It is unlawful for any student enrolled in any public
1386	K-12 school to be a member of, to join or to become a member of
1387	or to pledge himself or herself to become a member of any secret
1388	fraternity, sorority, or group wholly or partly formed from the
1389	membership of students attending public K-12 schools or to take
1390	part in the organization or formation of any such fraternity,
1391	sorority, or secret society; provided that this does not prevent
1392	any student from belonging to any organization fostered and
1393	promoted by the school authorities,;or approved and accepted by
1394	the school authorities and whose membership is selected on the
1395	basis of good character, good scholarship, leadership ability,
1396	and achievement.
1397	Section 58. Section 1006.18, Florida Statutes, is amended
1398	to read:
1399	1006.18 Cheerleader safety standards.--The Florida High
1400	School AthleticActivitiesAssociation or successor organization
1401	shall adopt statewide uniform safety standards for student
1402	cheerleaders and spirit groups that participate in any school
1403	activity or extracurricular student activity. The Florida High
1404	School AthleticActivitiesAssociation or successor organization
1405	shall adopt the "Official High School Spirit Rules," published
1406	by the National Federation of State High School Associations, as
1407	the statewide uniform safety standards.
1408	Section 59. Subsection (1), paragraph (c) of subsection
1409	(2), and subsection (10) of section 1006.20, Florida Statutes,
1410	are amended to read:
1411	1006.20 Athletics in public K-12 schools.--
1412	(1) GOVERNING NONPROFIT ORGANIZATION.--The Florida High
1413	School AthleticActivitiesAssociation is designated as the
1414	governing nonprofit organization of athletics in Florida public
1415	schools. If the Florida High School AthleticActivities
1416	Association fails to meet the provisions of this section, the
1417	commissioner shall designate a nonprofit organization to govern
1418	athletics with the approval of the State Board of Education. The
1419	organization is not to be a state agency as defined in s.
1420	120.52. The organization shall be subject to the provisions of
1421	s. 1006.19. A private school that wishes to engage in high
1422	school athletic competition with a public high school may become
1423	a member of the organization. The bylaws of the organization are
1424	to be the rules by which high school athletic programs in its
1425	member schools, and the students who participate in them, are
1426	governed, unless otherwise specifically provided by statute. For
1427	the purposes of this section, "high school" includes grades 6
1428	through 12.
1429	(2) ADOPTION OF BYLAWS.--
1430	(c) The organization shall adopt bylaws that require all
1431	students participating in interscholastic athletic competition
1432	or who are candidates for an interscholastic athletic team to
1433	satisfactorily pass a medical evaluation each year prior to
1434	participating in interscholastic athletic competition or
1435	engaging in any practice, tryout, workout, or other physical
1436	activity associated with the student's candidacy for an
1437	interscholastic athletic team. Such medical evaluation can only
1438	be administered by a practitioner licensed under the provisions
1439	of chapter 458, chapter 459, chapter 460, or s. 464.012, and in
1440	good standing with the practitioner's regulatory board. The
1441	bylaws shall establish requirements for eliciting a student's
1442	medical history and performing the medical evaluation required
1443	under this paragraph, which shall include a physical assessment
1444	of the student’sminimum standards for the physical capabilities
1445	to participatenecessary for participationin interscholastic
1446	athletic competition as contained in a uniform preparticipation
1447	physical evaluation form. The evaluation form shall provide a
1448	place for the signature of the practitioner performing the
1449	evaluation with an attestation that each examination procedure
1450	listed on the form was performed by the practitioner or by
1451	someone under the direct supervision of the practitioner. The
1452	form shall also contain a place for the practitioner to indicate
1453	if a referral to another practitioner was made in lieu of
1454	completion of a certain examination procedure. The form shall
1455	provide a place for the practitioner to whom the student was
1456	referred to complete the remaining sections and attest to that
1457	portion of the examination. The preparticipation physical
1458	evaluation form shall advise students to complete a
1459	cardiovascular assessment and shall include information
1460	concerning alternative cardiovascular evaluation and diagnostic
1461	tests. Practitioners administering medical evaluations pursuant
1462	to this subsection must, at a minimum, solicit all information
1463	required by, and perform a physical assessment according to, the
1464	uniform preparticipation form referred to in this paragraph.
1465	Based on the information provided and the physical assessment,
1466	the practitioner shall determine if the student is physically
1467	capable of participating in interscholastic athletic competition
1468	know the minimum standards established by the organization and
1469	certify that the student meets the standards. If the
1470	practitioner determines that there are any abnormal findings in
1471	the cardiovascular system, the student may not participate until
1472	a further cardiovascular assessment, which may include an EKG,
1473	is performed that indicates the student is physically capable of
1474	participating in athletic competitionunless a subsequent EKG or
1475	other cardiovascular assessment indicates that the abnormality
1476	will not place the student at risk during such participation.
1477	Results of such medical evaluation must be provided to the
1478	school. No student shall be eligible to participate in any
1479	interscholastic athletic competition or engage in any practice,
1480	tryout, workout, or other physical activity associated with the
1481	student's candidacy for an interscholastic athletic team until
1482	the results of the medical evaluation clearingverifying that
1483	the student for participationhas satisfactorily passed the
1484	evaluationhave been received and approved by the school.
1485	(10) EXAMINATION; CRITERIA; REPORT.--The board of
1486	directors of the Florida High School Activities Association
1487	shall undertake an examination of the following:
1488	(a) Alternative criteria for establishing administrative
1489	regions to include, but not be limited to, population.
1490	(b) Procedures to ensure appropriate diversity in the
1491	membership of the board of directors.
1492	(c) Opportunities to secure corporate financial support
1493	for high school athletic programs.
1494
1495	The board of directors shall submit to the commissioner, the
1496	President of the Senate, and the Speaker of the House of
1497	Representatives not later than March 1, 2003, a report on the
1498	actions taken in the examination of each of the three topics
1499	listed in this subsection, the findings, andthe actions to be
1500	taken to implement the findings and the target date for
1501	implementation.
1502	Section 60. Subsections (1) and (2) of section 1006.21,
1503	Florida Statutes, are amended to read:
1504	1006.21 Duties of district school superintendent and
1505	district school board regarding transportation.--
1506	(1) The district school superintendent shall ascertain
1507	which students should be transported to school or to school
1508	activities, determine the most effective arrangement of
1509	transportation routes to accommodate these students; recommend
1510	such routing to the district school board; recommend plans and
1511	procedures for providing facilities for the economical and safe
1512	transportation of students; recommend such rules and regulations
1513	as may be necessary and see that all rules and regulations
1514	relating to the transportation of students approved by the
1515	district school board, as well as rulesregulations of the State
1516	Board of Educationstate board, are properly carried into
1517	effect, as prescribed in this chapter.
1518	(2) After considering recommendations of the district
1519	school superintendent, the district school board shall make
1520	provision for the transportation of students to the public
1521	schools or school activities they are required or expected to
1522	attend; authorize transportation routes arranged efficiently and
1523	economically; provide the necessary transportation facilities,
1524	and, when authorized under rules of the State Board of Education
1525	and if more economical to do so, provide limited subsistence in
1526	lieu thereof; and adopt the necessary rules and regulationsto
1527	ensure safety, economy, and efficiency in the operation of all
1528	buses, as prescribed in this chapter.
1529	Section 61. Subsection (1) and paragraphs (a) and (b) of
1530	subsection (2) of section 1007.21, Florida Statutes, are amended
1531	to read:
1532	1007.21 Readiness for postsecondary education and the
1533	workplace.--
1534	(1) It is the intent of the Legislature that students and
1535	parents set early achievement and career goals for the student's
1536	post-high school experience. This section sets forth a model
1537	which schools, through their school advisory councils, may
1538	choose to implement to ensure that students are ready for
1539	postsecondary education and the workplace. If such a program is
1540	adopted, students and their parents shall have the option of
1541	participating in this model to plan the student's secondary
1542	level course of study. Parents and students are to become
1543	partners with school personnel in educational choice. Clear
1544	academic course expectations shall be made available to all
1545	students by allowing both student and parent or guardianchoice.
1546	(2)(a) Students entering the 9th grade and their parents
1547	shall be active participants in choosing an end-of-high-school
1548	student destination based upon both student and parent or
1549	guardiangoals. Four or more destinations should be available
1550	with bridges between destinations to enable students to shift
1551	destinations should they choose to change goals. The
1552	destinations shall accommodate the needs of students served in
1553	exceptional education programs to the extent appropriate for
1554	individual students. Exceptional education students may continue
1555	to follow the courses outlined in the district school board
1556	student progression plan. Participating students and their
1557	parents shall choose among destinations, which must include:
1558	1. Four-year college or university, community college plus
1559	university, or military academy.
1560	2. Two-year postsecondary degree.
1561	3. Postsecondary career and technical certificate.
1562	4. Immediate employment or entry-level military.
1563	(b) The student progression model toward a chosen
1564	destination shall include:
1565	1. A "path" of core courses leading to each of the
1566	destinations provided in paragraph (a).
1567	2. A recommended group of electives which shall help
1568	define each path.
1569	3. Provisions for a teacher, school administrator, other
1570	school staff member, or community volunteer to be assigned to a
1571	student as an "academic advocate" if parental or guardian
1572	involvement is lacking.
1573	Section 62. Section 1007.264, Florida Statutes, is
1574	amended, to read:
1575	1007.264 Impaired and learning disabled persons; admission
1576	to postsecondary educational institutions;and graduation,
1577	substitute requirements; rules.--Any person who is hearing
1578	impaired, visually impaired, or dyslexic, or who has a specific
1579	learning disability, shall be eligible for reasonable
1580	substitution for any requirement for admission into a public
1581	postsecondary educational institution, admission into a program
1582	of study, or graduation,where documentation can be provided
1583	that the person's failure to meet the admissionrequirement is
1584	related to the disability and where the failure to meet the
1585	graduation requirement or program admission requirement does not
1586	constitute a fundamental alteration in the nature of the
1587	program. The State Board of Education shall adopt rules to
1588	implement this section and shall develop substitute admission
1589	requirements where appropriate.
1590	Section 63. Section 1007.265, Florida Statutes, is created
1591	to read:
1592	1007.265 Impaired and learning disabled persons;
1593	graduation, study program admission, and upper-division entry;
1594	substitute requirements; rules.--Any student in a public
1595	postsecondary educational institution who is hearing impaired,
1596	visually impaired, or dyslexic, or who has a specific learning
1597	disability, shall be eligible for reasonable substitution for
1598	any requirement for graduation, for admission into a program of
1599	study, or for entry into the upper division where documentation
1600	can be provided that the person’s failure to meet the
1601	requirement is related to the disability and where the failure
1602	to meet the graduation requirement or program admission
1603	requirement does not constitute a fundamental alteration in the
1604	nature of the program. The State Board of Education shall adopt
1605	rules to implement this section and shall develop substitute
1606	requirements where appropriate.
1607	Section 64. Paragraph (c) of subsection (3) of section
1608	1008.22, Florida Statutes, is amended to read:
1609	1008.22 Student assessment program for public schools.--
1610	(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1611	design and implement a statewide program of educational
1612	assessment that provides information for the improvement of the
1613	operation and management of the public schools, including
1614	schools operating for the purpose of providing educational
1615	services to youth in Department of Juvenile Justice programs.
1616	Pursuant to the statewide assessment program, the commissioner
1617	shall:
1618	(c) Develop and implement a student achievement testing
1619	program known as the Florida Comprehensive Assessment Test
1620	(FCAT) as part of the statewide assessment program, to be
1621	administered annually in grades 3 through 10 to measure reading,
1622	writing, science, and mathematics. Other content areas may be
1623	included as directed by the commissioner. The testing program
1624	must be designed so that:
1625	1. The tests measure student skills and competencies
1626	adopted by the State Board of Education as specified in
1627	paragraph (a). The tests must measure and report student
1628	proficiency levels in reading, writing, mathematics, and
1629	science. The commissioner shall provide for the tests to be
1630	developed or obtained, as appropriate, through contracts and
1631	project agreements with private vendors, public vendors, public
1632	agencies, postsecondary educational institutions, or school
1633	districts. The commissioner shall obtain input with respect to
1634	the design and implementation of the testing program from state
1635	educators and the public.
1636	2. The testing program will include a combination of norm-
1637	referenced and criterion-referenced tests and include, to the
1638	extent determined by the commissioner, questions that require
1639	the student to produce information or perform tasks in such a
1640	way that the skills and competencies he or she uses can be
1641	measured.
1642	3. Each testing program, whether at the elementary,
1643	middle, or high school level, includes a test of writing in
1644	which students are required to produce writings that are then
1645	scored by appropriate methods.
1646	4. A score is designated for each subject area tested,
1647	below which score a student's performance is deemed inadequate.
1648	The school districts shall provide appropriate remedial
1649	instruction to students who score below these levels.
1650	5. Students must earn a passing score on the grade 10
1651	assessment test described in this paragraph in reading, writing,
1652	and mathematics to qualify for a regular high school diploma.
1653	The State Board of Education shall designate a passing score for
1654	each part of the grade 10 assessment test. In establishing
1655	passing scores, the state board shall consider any possible
1656	negative impact of the test on minority students. All students
1657	who took the grade 10 FCAT during the 2000-2001 school year
1658	shall be required to earn the passing scores in reading and
1659	mathematics established by the State Board of Education for the
1660	March 2001 test administration. Such students who did not earn
1661	the established passing scores and must repeat the grade 10 FCAT
1662	are required to earn the passing scores established for the
1663	March 2001 test administration. All students who take the grade
1664	10 FCAT for the first time in March 2002 and thereafter shall be
1665	required to earn the passing scores in reading and mathematics
1666	established by the State Board of Education for the March 2002
1667	test administration.The State Board of Education shall adopt
1668	rules which specify the passing scores for the grade 10 FCAT.
1669	Any such rules, which have the effect of raising the required
1670	passing scores, shall only apply to students taking the grade 10
1671	FCAT for the first timeafter such rules are adopted by the
1672	State Board of Education.
1673	6. Participation in the testing program is mandatory for
1674	all students attending public school, including students served
1675	in Department of Juvenile Justice programs, except as otherwise
1676	prescribed by the commissioner. If a student does not
1677	participate in the statewide assessment, the district must
1678	notify the student's parent and provide the parent with
1679	information regarding the implications of such nonparticipation.
1680	If modifications are made in the student's instruction to
1681	provide accommodations that would not be permitted on the
1682	statewide assessment tests, the district must notify the
1683	student's parent of the implications of such instructional
1684	modifications. A parent must provide signed consent for a
1685	student to receive instructional modifications that would not be
1686	permitted on the statewide assessments and must acknowledge in
1687	writing that he or she understands the implications of such
1688	accommodations. The State Board of Education shall adopt rules,
1689	based upon recommendations of the commissioner, for the
1690	provision of test accommodations and modifications of procedures
1691	as necessary for students in exceptional education programs and
1692	for students who have limited English proficiency.
1693	Accommodations that negate the validity of a statewide
1694	assessment are not allowable.
1695	7. A student seeking an adult high school diploma must
1696	meet the same testing requirements that a regular high school
1697	student must meet.
1698	8. District school boards must provide instruction to
1699	prepare students to demonstrate proficiency in the skills and
1700	competencies necessary for successful grade-to-grade progression
1701	and high school graduation. If a student is provided with
1702	accommodations or modifications that are not allowable in the
1703	statewide assessment program, as described in the test manuals,
1704	the district must inform the parent in writing and must provide
1705	the parent with information regarding the impact on the
1706	student's ability to meet expected proficiency levels in
1707	reading, writing, and math. The commissioner shall conduct
1708	studies as necessary to verify that the required skills and
1709	competencies are part of the district instructional programs.
1710	9. The Department of Education must develop, or select,
1711	and implement a common battery of assessment tools that will be
1712	used in all juvenile justice programs in the state. These tools
1713	must accurately measure the skills and competencies established
1714	in the Florida Sunshine State Standards.
1715
1716	The commissioner may design and implement student testing
1717	programs, for any grade level and subject area, necessary to
1718	effectively monitor educational achievement in the state.
1719	Section 65. Paragraph (b) of subsection (6) and paragraph
1720	(b) subsection (7) of section 1008.25, Florida Statutes, are
1721	amended to read:
1722	1008.25 Public school student progression; remedial
1723	instruction; reporting requirements.--
1724	(6) ELIMINATION OF SOCIAL PROMOTION.--
1725	(b) The district school board may only exempt students
1726	from mandatory retention, as provided in paragraph (5)(b), for
1727	good cause. Good cause exemptions shall be limited to the
1728	following:
1729	1. Limited English proficient students who have had less
1730	than 2 years of instruction in an English for Speakers of Other
1731	Languages program.
1732	2. Students with disabilities whose individual education
1733	plan indicates that participation in the statewide assessment
1734	program is not appropriate, consistent with the requirements of
1735	State Board of Education rule.
1736	3. Students who demonstrate an acceptable level of
1737	performance on an alternative standardized reading assessment
1738	approved by the State Board of Education.
1739	4. Students who demonstrate, through a student portfolio,
1740	that the student is reading on grade level as evidenced by
1741	demonstration of mastery of the Sunshine State Standards in
1742	reading equal to at least a Level 2 performance on the FCAT.
1743	5. Students with disabilities who participate in the FCAT
1744	and who have an individual education plan or a Section 504 plan
1745	that reflects that the student has received the intensive
1746	remediation in reading, as required by paragraph (4)(b), for
1747	more than 2 years but still demonstrates a deficiency in reading
1748	and was previously retained in kindergarten, grade 1, orgrade
1749	2, or grade 3.
1750	6. Students who have received the intensive remediation in
1751	reading as required by paragraph (4)(b) for 2 or more years but
1752	still demonstrate a deficiency in reading and who were
1753	previously retained in kindergarten, grade 1, or grade 2 for a
1754	total of 2 years. Intensive reading instruction for students so
1755	promoted must include an altered instructional day based upon an
1756	academic improvement plan that includes specialized diagnostic
1757	information and specific reading strategies for each student.
1758	The district school board shall assist schools and teachers to
1759	implement reading strategies that research has shown to be
1760	successful in improving reading among low performing readers.
1761	(7) ANNUAL REPORT.--
1762	(b) Beginning with the 2001-2002 school year, each
1763	district school board must annually publish in the local
1764	newspaper, and report in writing to the State Board of Education
1765	by October 1September 1of each year, the following information
1766	on the prior school year:
1767	1. The provisions of this section relating to public
1768	school student progression and the district school board's
1769	policies and procedures on student retention and promotion.
1770	2. By grade, the number and percentage of all students in
1771	grades 3 through 10 performing at Levels 1 and 2 on the reading
1772	portion of the FCAT.
1773	3. By grade, the number and percentage of all students
1774	retained in grades 3 through 10.
1775	4. Information on the total number of students who were
1776	promoted for good cause, by each category of good cause as
1777	specified in paragraph (6)(b).
1778	5. Any revisions to the district school board's policy on
1779	student retention and promotion from the prior year.
1780	Section 66. Subsection (1) of section 1008.29, Florida
1781	Statutes, is amended to read:
1782	1008.29 College-level communication and mathematics skills
1783	examination (CLAST).--
1784	(1) It is the intent of the Legislature that the
1785	examination of college-level communication and mathematics
1786	skills provided in s. 1008.345(3)serve as a mechanism for
1787	students to demonstrate that they have mastered the academic
1788	competencies prerequisite to upper-division undergraduate
1789	instruction. It is further intended that the examination serve
1790	as both a summative evaluation instrument prior to student
1791	enrollment in upper-division programs and as a source of
1792	information for student advisers. It is not intended that
1793	student passage of the examination supplant the need for a
1794	student to complete the general education curriculum prescribed
1795	by an institution.
1796	Section 67. Subsection (2) of section 1008.32, Florida
1797	Statutes, is amended to read:
1798	1008.32 State Board of Education oversight enforcement
1799	authority.--The State Board of Education shall oversee the
1800	performance of district school boards and public postsecondary
1801	educational institution boards in enforcement of all laws and
1802	rules. District school boards and public postsecondary
1803	educational institution boards shall be primarily responsible
1804	for compliance with law and state board rule.
1805	(2) The Commissioner of Education may investigate
1806	allegations of noncompliance with law or state board rule and
1807	determine probable cause., The commissioner shall report
1808	determinations of probable causeto the State Board of Education
1809	which shall require the district school board or public
1810	postsecondary educational institution board to document
1811	compliance with law or state board rule.
1812	Section 68. Subsection (2) of section 1008.37, Florida
1813	Statutes, is amended to read:
1814	1008.37 Postsecondary feedback of information to high
1815	schools.--
1816	(2) The Commissioner of Education shall report, by high
1817	school, to the State Board of Education and the Legislature, no
1818	later than November 3031of each year, on the number of prior
1819	year Florida high school graduates who enrolled for the first
1820	time in public postsecondary education in this state during the
1821	previous summer, fall, or spring term, indicating the number of
1822	students whose scores on the common placement test indicated the
1823	need for remediation through college-preparatory or vocational-
1824	preparatory instruction pursuant to s. 1004.91 or s. 1008.30.
1825	Section 69. Subsection (3) of section 1009.24, Florida
1826	Statutes, is amended to read:
1827	1009.24 State university student fees.--
1828	(3) Within proviso in the General Appropriations Act and
1829	law, each board of trustees shall set university tuition and
1830	fees. The sum of the activity and service, health, and athletic
1831	fees a student is required to pay to register for a course shall
1832	not exceed 40 percent of the tuition established in law or in
1833	the General Appropriations Act. No university shall be required
1834	to lower any fee in effect on the effective date of this act in
1835	order to comply with this subsection. Within the 40 percent cap,
1836	universities may not increase the aggregate sum of activity and
1837	service, health, and athletic fees more than 5 percent per year
1838	unless specifically authorized in law or in the General
1839	Appropriations Act. This subsection does not prohibit a
1840	university from increasing or assessing optional fees related to
1841	specific activities if payment of such fees is not required as a
1842	part of registration for courses. Except as otherwise provided
1843	by law, the sum of nonresident tuition and out-of-state fees
1844	charged to undergraduates shall be sufficient to defray the full
1845	cost of undergraduate education.
1846	Section 70. Paragraph (b) of subsection (2) of section
1847	1009.25, Florida Statutes, is amended, and subsection (4) is
1848	added to said section, to read:
1849	1009.25 Fee exemptions.--
1850	(2) The following students are exempt from the payment of
1851	tuition and fees, including lab fees, at a school district that
1852	provides postsecondary career and technical programs, community
1853	college, or state university:
1854	(b) A student enrolled in an approved apprenticeship
1855	program, as defined in s. 446.021, but only with respect to such
1856	apprenticeship program.
1857	(4) For purposes of this section, the term “fees” includes
1858	the following fees, unless otherwise specified: financial aid
1859	fee; technology fee; capital improvement fee; building fee;
1860	Capital Improvement Trust Fund Fee; activity and service fee;
1861	health fee; athletic fee; and lab fees.
1862	Section 71. Subsection (1) of section 1009.29, Florida
1863	Statutes, is amended to read:
1864	1009.29 Increased fees for funding financial aid
1865	program.--
1866	(1) Student tuition and registration fees at each state
1867	university and community college shall include up to $4.68 per
1868	quarter, or $7.02 per semester, per full-time student, or the
1869	per-student credit hour equivalents of such amounts. The fees
1870	provided for by this section shall be adjusted from time to
1871	time, as necessary, to comply with the debt service coverage
1872	requirements of the student loan revenue bonds issued pursuant
1873	to s. 1009.79. If the Division of Bond Finance of the State
1874	Board of Education and the Commissioner of Education determine
1875	that such fees are no longer required as security for revenue
1876	bonds issued pursuant to ss. 1009.78-1009.88, moneys previously
1877	collected pursuant to this section which are held in escrow,
1878	after administrative expenses have been met and up to $150,000
1879	has been used to establish a financial aid data processing
1880	system for the state universities incorporating the necessary
1881	features to meet the needs of all 11nineuniversities for
1882	application through disbursement processing, shall be
1883	reallocated to the generating institutions to be used for
1884	student financial aid programs, including, but not limited to,
1885	scholarships and grants for educational purposes. Upon such
1886	determination, such fees shall no longer be assessed and
1887	collected.
1888	Section 72. Paragraph (e) of subsection (1) and paragraph
1889	(a) of subsection (3) of section 1009.531, Florida Statutes, are
1890	amended to read:
1891	1009.531 Florida Bright Futures Scholarship Program;
1892	student eligibility requirements for initial awards.--
1893	(1) To be eligible for an initial award from any of the
1894	three types of scholarships under the Florida Bright Futures
1895	Scholarship Program, a student must:
1896	(e) Not have been found guilty of, or pledpleadnolo
1897	contendere to, a felony charge, unless the student has been
1898	granted clemency by the Governor and Cabinet sitting as the
1899	Executive Office of Clemency.
1900	(3) For purposes of calculating the grade point average to
1901	be used in determining initial eligibility for a Florida Bright
1902	Futures Scholarship, the department shall assign additional
1903	weights to grades earned in the following courses:
1904	(a) Courses identified in the course code directory as
1905	Advanced Placement, pre-International Baccalaureate, or
1906	International Baccalaureate, International General Certificate
1907	of Secondary Education, or Advanced International Certificate of
1908	Education.
1909
1910	The department may assign additional weights to courses, other
1911	than those described in paragraphs (a) and (b), that are
1912	identified by the Department of Education as containing rigorous
1913	academic curriculum and performance standards. The additional
1914	weight assigned to a course pursuant to this subsection shall
1915	not exceed 0.5 per course. The weighted system shall be
1916	developed and distributed to all high schools in the state prior
1917	to January 1, 1998. The department may determine a student's
1918	eligibility status during the senior year before graduation and
1919	may inform the student of the award at that time.
1920	Section 73. Paragraph (b) of subsection (1) of section
1921	1009.532, Florida Statutes, is amended to read:
1922	1009.532 Florida Bright Futures Scholarship Program;
1923	student eligibility requirements for renewal awards.--
1924	(1) To be eligible to renew a scholarship from any of the
1925	three types of scholarships under the Florida Bright Futures
1926	Scholarship Program, a student must:
1927	(b) Maintain the cumulative grade point average required
1928	by the scholarship program, except that:
1929	1. If a recipient's grades fall beneath the average
1930	required to renew a Florida Academic Scholarship, but are
1931	sufficient to renew a Florida Medallion Scholarship or a Florida
1932	Gold Seal Vocational Scholarship, the Department of Education
1933	may grant a renewal from one of those other scholarship
1934	programs, if the student meets the renewal eligibility
1935	requirements; or
1936	2. If, at any time during the eligibility period, a
1937	student's grades are insufficient to renew the scholarship, the
1938	student may restore eligibility by improving the grade point
1939	average to the required level. A student is eligible for such a
1940	restoration one timereinstatement only once. The Legislature
1941	encourages education institutions to assist students to
1942	calculate whether or not it is possible to raise the grade point
1943	average during the summer term. If the institution determines
1944	that it is possible, the education institution may so inform the
1945	department, which may reserve the student's award if funds are
1946	available. The renewal, however, must not be granted until the
1947	student achieves the required cumulative grade point average. If
1948	the summer term is not sufficient to raise the grade point
1949	average to the required renewal level, the student's next
1950	opportunity for renewal is the fall semester of the following
1951	academic year.
1952	Section 74. Paragraphs (b), (c), and (e) of subsection (1)
1953	of section 1009.534, Florida Statutes, are amended, paragraph
1954	(f) is added to said subsection, and subsection (3) of said
1955	section is amended, to read:
1956	1009.534 Florida Academic Scholars award.--
1957	(1) A student is eligible for a Florida Academic Scholars
1958	award if the student meets the general eligibility requirements
1959	for the Florida Bright Futures Scholarship Program and the
1960	student:
1961	(b) Has attended a home education program according to s.
1962	1002.41 during grades 11 and 12 or has completed the
1963	International Baccalaureate curriculum but failed to earn the
1964	International Baccalaureate Diploma or has completed the
1965	Advanced International Certificate of Education curriculum but
1966	failed to earn the Advanced International Certificate of
1967	Education Diploma, and has attained at least the score
1968	identified by rules of the State BoardDepartmentof Education
1969	on the combined verbal and quantitative parts of the Scholastic
1970	Aptitude Test, the Scholastic Assessment Test, or the recentered
1971	Scholastic Assessment Test of the College Entrance Examination,
1972	or an equivalent score on the ACT Assessment Program; or
1973	(c) Has been awarded an International Baccalaureate
1974	Diploma from the International Baccalaureate Organization
1975	Office; or
1976	(e) Has been recognized by the National Hispanic
1977	Recognition Program as a scholar recipient; or
1978	(f) Has been awarded an Advanced International Certificate
1979	of Education Diploma from the University of Cambridge
1980	International Examinations Office.
1981
1982	A student must complete a program of community service work, as
1983	approved by the district school board or the administrators of a
1984	nonpublic school, which shall include a minimum of 75 hours of
1985	service work and require the student to identify a social
1986	problem that interests him or her, develop a plan for his or her
1987	personal involvement in addressing the problem, and, through
1988	papers or other presentations, evaluate and reflect upon his or
1989	her experience.
1990	(3) To be eligible for a renewal award as a Florida
1991	Academic Scholar, a student must maintain the equivalent of a
1992	cumulative grade point average of 3.0 on a 4.0 scale with an
1993	opportunity for restoration one timeone reinstatementas
1994	provided in this chapter.
1995	Section 75. Paragraph (b) of subsection (1) and subsection
1996	(3) of section 1009.535, Florida Statutes, are amended to read:
1997	1009.535 Florida Medallion Scholars award.--
1998	(1) A student is eligible for a Florida Medallion Scholars
1999	award if the student meets the general eligibility requirements
2000	for the Florida Bright Futures Scholarship Program and the
2001	student:
2002	(b) Has attended a home education program according to s.
2003	1002.41 during grades 11 and 12 or has completed the
2004	International Baccalaureate curriculum but failed to earn the
2005	International Baccalaureate Diploma or has completed the
2006	Advanced International Certificate of Education curriculum but
2007	failed to earn the Advanced International Certificate of
2008	Education Diploma, and has attained at least the score
2009	identified by rules of the State BoardDepartmentof Education
2010	on the combined verbal and quantitative parts of the Scholastic
2011	Aptitude Test, the Scholastic Assessment Test, or the recentered
2012	Scholastic Assessment Test of the College Entrance Examination,
2013	or an equivalent score on the ACT Assessment Program; or
2014	(3) To be eligible for a renewal award as a Florida
2015	Medallion Scholar, a student must maintain the equivalent of a
2016	cumulative grade point average of 2.75 on a 4.0 scale with an
2017	opportunity for restorationreinstatementone time as provided
2018	in this chapter.
2019	Section 76. Subsection (3) of section 1009.536, Florida
2020	Statutes, is amended to read:
2021	1009.536 Florida Gold Seal Vocational Scholars award.--The
2022	Florida Gold Seal Vocational Scholars award is created within
2023	the Florida Bright Futures Scholarship Program to recognize and
2024	reward academic achievement and career and technical preparation
2025	by high school students who wish to continue their education.
2026	(3) To be eligible for a renewal award as a Florida Gold
2027	Seal Vocational Scholar, a student must maintain the equivalent
2028	of a cumulative grade point average of 2.75 on a 4.0 scale with
2029	an opportunity for restorationreinstatementone time as
2030	provided in this chapter.
2031	Section 77. Subsection (2) of section 1009.58, Florida
2032	Statutes, is amended to read:
2033	1009.58 Critical teacher shortage tuition reimbursement
2034	program.--
2035	(2) The State Board of Education shall adopt rules to
2036	implement the critical teacher shortage tuition reimbursement
2037	program. Any full-time public school employee or lab
2038	developmental researchschool employee certified to teach in
2039	this state is eligible for the program. For the purposes of this
2040	program, tuition reimbursement shall be limited to courses in
2041	critical teacher shortage areas as determined by the State Board
2042	of Education. Such courses shall be:
2043	(a) Graduate-level courses leading to a master's,
2044	specialist, or doctoral degree;
2045	(b) Graduate-level courses leading to a new certification
2046	area; or
2047	(c) State-approved undergraduate courses leading to an
2048	advanced degree or new certification area.
2049	Section 78. Section 1009.61, Florida Statutes, is amended
2050	to read:
2051	1009.61 Teacher/Quest Scholarship Program.--The
2052	Teacher/Quest Scholarship Program is created for the purpose of
2053	providing teachers with the opportunity to enhance their
2054	knowledge of science, mathematics, and computer applications in
2055	business, industry, and government. A school district or lab
2056	developmental researchschool may propose that one or more
2057	teachers be granted a Teacher/Quest Scholarship by submitting to
2058	the Department of Education:
2059	(1) A project proposal specifying activities a teacher
2060	will carry out to improve his or her:
2061	(a) Understanding of mathematical, scientific, or
2062	computing concepts;
2063	(b) Ability to apply and demonstrate such concepts through
2064	instruction;
2065	(c) Knowledge of career and technical requirements for
2066	competency in mathematics, science, and computing; and
2067	(d) Ability to integrate and apply technological concepts
2068	from all three fields; and
2069	(2) A contractual agreement with a private corporation or
2070	governmental agency that implements the project proposal and
2071	guarantees employment to the teacher during a summer or other
2072	period when schools are out of session. The agreement must
2073	stipulate a salary rate that does not exceed regular rates of
2074	pay and a gross salary amount consistent with applicable
2075	statutory and contractual provisions for the teacher's
2076	employment. The teacher's compensation shall be provided for on
2077	an equally matched basis by funds from the employing corporation
2078	or agency.
2079	Section 79. Section 1009.765, Florida Statutes, is amended
2080	to read:
2081	1009.765 Ethics in Business scholarships for community
2082	colleges and independent postsecondary educational
2083	institutions.--When the Department of Insurance receives a $6
2084	million settlement as specified in the Consent Order of the
2085	Treasurer and Insurance Commissioner, case number 18900-96-c,
2086	that portion of the $6 million not used to satisfy the
2087	requirements of section 18 of the Consent Order must be
2088	transferred from the Insurance Commissioner's Regulatory Trust
2089	Fund to the State Student Financial Assistance Trust Fund is
2090	appropriated from the State Student Financial Assistance Trust
2091	Fund to provide Ethics in Business scholarships to students
2092	enrolled in public community colleges and independent
2093	postsecondary educational institutions eligible to participate
2094	in the William L. Boyd, IV, Florida Resident Access Grant
2095	Program under s. 1009.89. The funds shall be allocated to
2096	institutions for scholarships in the following ratio: Two-thirds
2097	for community colleges and one-third for eligible independent
2098	institutions. The Department of Education shall administer the
2099	scholarship program for students attending community colleges
2100	and independent institutions. These funds must be allocated to
2101	institutions that provide an equal amount of matching funds
2102	generated by private donors for the purpose of providing Ethics
2103	in Business scholarships. Public funds may not be used to
2104	provide the match, nor may funds collected for other purposes.
2105	Notwithstanding any other provision of law, the State Board of
2106	Administration shall have the authority to invest the funds
2107	appropriated under this section. The State BoardDepartmentof
2108	Education may adopt rules for administration of the program.
2109	Section 80. Subsection (7) of section 1009.77, Florida
2110	Statutes, is amended to read:
2111	1009.77 Florida Work Experience Program.--
2112	(7) The State BoardDepartmentof Education shall
2113	prescribe such rules for the program as are necessary for its
2114	administration, for the determination of eligibility and
2115	selection of institutions to receive funds for students, to
2116	ensure the proper expenditure of funds, and to provide an
2117	equitable distribution of funds between students at public and
2118	independent colleges and universities.
2119	Section 81. Subsection (5) of section 1010.215, Florida
2120	Statutes, is amended to read:
2121	1010.215 Educational funding accountability.--
2122	(5) The annual school public accountability report
2123	required by ss. 1001.42(16) and 1008.345 must include a school
2124	financial report. The purpose of the school financial report is
2125	to better inform parents and the public concerning how funds
2126	revenueswere spent to operate the school during the prior
2127	fiscal year. Each school's financial report must follow a
2128	uniform, districtwide format that is easy to read and
2129	understand.
2130	(a) Total revenue must be reported at the school,
2131	district, and state levels. The revenue sources that must be
2132	addressed are state and local funds, other than lottery funds;
2133	lottery funds; federal funds; and private donations.
2134	(b) Expenditures must be reported as the total
2135	expenditures per unweighted full-time equivalent student at the
2136	school level and the average expenditures per full-time
2137	equivalent student at the district and state levels in each of
2138	the following categories and subcategories:
2139	1. Teachers, excluding substitute teachers, and education
2140	paraprofessionals who provide direct classroom instruction to
2141	students enrolled in programs classified by s. 1011.62 as:
2142	a. Basic programs;
2143	b. Students-at-risk programs;
2144	c. Special programs for exceptional students;
2145	d. Career education programs; and
2146	e. Adult programs.
2147	2. Substitute teachers.
2148	3. Other instructional personnel, including school-based
2149	instructional specialists and their assistants.
2150	4. Contracted instructional services, including training
2151	for instructional staff and other contracted instructional
2152	services.
2153	5. School administration, including school-based
2154	administrative personnel and school-based education support
2155	personnel.
2156	6. The following materials, supplies, and operating
2157	capital outlay:
2158	a. Textbooks;
2159	b. Computer hardware and software;
2160	c. Other instructional materials;
2161	d. Other materials and supplies; and
2162	e. Library media materials.
2163	7. Food services.
2164	8. Other support services.
2165	9. Operation and maintenance of the school plant.
2166	(c) The school financial report must also identify the
2167	types of district-level expenditures that support the school's
2168	operations. The total amount of these district-level
2169	expenditures must be reported and expressed as total
2170	expenditures per full-time equivalent student.
2171	Section 82. Section 1010.75, Florida Statutes, is amended
2172	to read:
2173	1010.75 Teacher Certification Examination Trust Fund.--The
2174	proceeds for the certification examination fee levied pursuant
2175	to s. 1012.59 shall be remitted by the Department of Education
2176	to the Treasurer for deposit into and disbursed fromforthe
2177	"Teacher Certification Examination Trust Fund" as re-created by
2178	chapter 99-28, Laws of Florida.
2179	Section 83. Section 1011.24, Florida Statutes, is amended
2180	to read:
2181	1011.24 Special district units.--For the purposes of
2182	funding through this chapter and chapter 1013, labdevelopmental
2183	researchschools shall be designated as special school
2184	districts. Such districts shall be accountable to the Department
2185	of Education for budget requests and reports on expenditures.
2186	Section 84. Subsection (2) of section 1011.47, Florida
2187	Statutes, is amended to read:
2188	1011.47 Auxiliary enterprises; contracts, grants, and
2189	donations.--As used in s. 19(f)(3), Art. III of the State
2190	Constitution, the term:
2191	(2) "Contracts, grants, and donations" includes
2192	noneducational and general funding sources in support of
2193	research, public services, and training. The term includes
2194	grants and donations, sponsored-research contracts, and
2195	Department of Education funding for labdevelopmental research
2196	schools and other activities for which the funds are deposited
2197	outside the State Treasury.
2198	Section 85. Subsection (2) of section 1011.60, Florida
2199	Statutes, is amended to read:
2200	1011.60 Minimum requirements of the Florida Education
2201	Finance Program.--Each district which participates in the state
2202	appropriations for the Florida Education Finance Program shall
2203	provide evidence of its effort to maintain an adequate school
2204	program throughout the district and shall meet at least the
2205	following requirements:
2206	(2) MINIMUM TERM.--Operate all schools for a term of at
2207	least 180 actual teaching days as prescribed in s. 1003.01(14)
2208	or the equivalent on an hourly basis as specified by rules of
2209	the State Board of Education each school year. The State Board
2210	of Education may prescribe procedures for altering, and, upon
2211	written application, may alter, this requirement during a
2212	national, state, or local emergency as it may apply to an
2213	individual school or schools in any district or districts if, in
2214	the opinion of the board, it is not feasible to make up lost
2215	days, and the apportionment may, at the discretion of the
2216	Commissioner of Education and if the board determines that the
2217	reduction of school days is caused by the existence of a bona
2218	fide emergency, be reduced for such district or districts in
2219	proportion to the decrease in the length of term in any such
2220	school or schools. A strike, as defined in s. 447.203(6), by
2221	employees of the school district may not be considered an
2222	emergency. The State Board of Education may authorize a decrease
2223	in the minimum number of days of instruction by up to 4 days for
2224	grade 12 students for purposes of graduation without
2225	proportionate reduction in funding.
2226	Section 86. Paragraphs (f) and (h) of subsection (1) of
2227	section 1011.62, Florida Statutes, are amended to read:
2228	1011.62 Funds for operation of schools.--If the annual
2229	allocation from the Florida Education Finance Program to each
2230	district for operation of schools is not determined in the
2231	annual appropriations act or the substantive bill implementing
2232	the annual appropriations act, it shall be determined as
2233	follows:
2234	(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2235	OPERATION.--The following procedure shall be followed in
2236	determining the annual allocation to each district for
2237	operation:
2238	(f) Supplemental academic instruction; categorical fund.--
2239	1. There is created a categorical fund to provide
2240	supplemental academic instruction to students in kindergarten
2241	through grade 12. This paragraph may be cited as the
2242	"Supplemental Academic Instruction Categorical Fund."
2243	2. Categorical funds for supplemental academic instruction
2244	shall be allocated annually to each school district in the
2245	amount provided in the General Appropriations Act. These funds
2246	shall be in addition to the funds appropriated on the basis of
2247	FTE student membership in the Florida Education Finance Program
2248	and shall be included in the total potential funds of each
2249	district. These funds shall be used to provide supplemental
2250	academic instruction to students enrolled in the K-12 program.
2251	Supplemental instruction strategies may include, but are not
2252	limited to: modified curriculum, reading instruction, after-
2253	school instruction, tutoring, mentoring, class size reduction,
2254	extended school year, intensive skills development in summer
2255	school, and other methods for improving student achievement.
2256	Supplemental instruction may be provided to a student in any
2257	manner and at any time during or beyond the regular 180-day term
2258	identified by the school as being the most effective and
2259	efficient way to best help that student progress from grade to
2260	grade and to graduate.
2261	3. Effective with the 1999-2000 fiscal year, funding on
2262	the basis of FTE membership beyond the 180-day regular term
2263	shall be provided in the FEFP only for students enrolled in
2264	juvenile justice education programs. Funding for instruction
2265	beyond the regular 180-day school year for all other K-12
2266	students shall be provided through the supplemental academic
2267	instruction categorical fund and other state, federal, and local
2268	fund sources with ample flexibility for schools to provide
2269	supplemental instruction to assist students in progressing from
2270	grade to grade and graduating.
2271	4. The Florida State University School, as a lab
2272	developmental researchschool, is authorized to expend from its
2273	FEFP or Lottery Enhancement Trust Fund allocation the cost to
2274	the student of remediation in reading, writing, or mathematics
2275	for any graduate who requires remediation at a postsecondary
2276	educational institution.
2277	5. Beginning in the 1999-2000 school year, dropout
2278	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
2279	(b), and (c), and 1003.54 shall be included in group 1 programs
2280	under subparagraph (d)3.
2281	(h) Small, isolated high schools.--Districts which levy
2282	the maximum nonvoted discretionary millage, exclusive of millage
2283	for capital outlay purposes levied pursuant to s. 1011.71(2),
2284	may calculate full-time equivalent students for small, isolated
2285	high schools by multiplying the number of unweighted full-time
2286	equivalent students times 2.75; provided the school has attained
2287	a performance grade category "C" or better, pursuant to s.
2288	1008.34, for the previous yearpercentage of students at such
2289	school passing both parts of the high school competency test, as
2290	defined by law and rule, has been equal to or higher than such
2291	percentage for the state or district, whichever is greater. For
2292	the purpose of this section, the term "small, isolated high
2293	school" means any high school which is located no less than 28
2294	miles by the shortest route from another high school; which has
2295	been serving students primarily in basic studies provided by
2296	sub-subparagraphs (c)1.b. and c. and may include subparagraph
2297	(c)4.; and which has a membership of no more than 100 students,
2298	but no fewer than 28 students, in grades 9 through 12.
2299	Section 87. Subsections (2) and (5) of section 1011.70,
2300	Florida Statutes, are amended to read:
2301	1011.70 Medicaid certified school funding maximization.--
2302	(2) The Agency for Health Care AdministrationDepartment
2303	of Educationshall monitor compliance of each participating
2304	school district with the Medicaid provider agreements. In
2305	addition, the Agency for Health Care Administrationdepartment
2306	shall develop standardized recordkeeping procedures for the
2307	school districts that meet Medicaid requirements for audit
2308	purposes.
2309	(5) LabDevelopmental researchschools, as authorized
2310	under s. 1002.32, shall be authorized to participate in the
2311	Medicaid certified school match program on the same basis as
2312	school districtssubject to the provisions of subsections (1)-
2313	(4) and ss. 409.9071 and 409.908(21).
2314	Section 88. Paragraphs (a) and (c) of subsection (2) and
2315	paragraph (a) of subsection (3) of section 1011.765, Florida
2316	Statutes, are amended to read:
2317	1011.765 Florida Academic Improvement Trust Fund matching
2318	grants.--
2319	(2) ALLOCATION OF THE TRUST FUND.--Funds appropriated to
2320	the Florida Academic Improvement Trust Fund shall be allocated
2321	by the Consortium of Florida Education FoundationsDepartment of
2322	Educationin the following manner:
2323	(a) For every year in which there is a legislative
2324	appropriation to the trust fund, an equal amount of the annual
2325	appropriation, to be determined by dividing the total
2326	legislative appropriation by the number of local education
2327	foundations as well as the Florida School for the Deaf and the
2328	Blind, must be reserved for each public school district
2329	education foundation and the Florida School for the Deaf and the
2330	Blind Endowment Fund to provide each foundation and the Florida
2331	School for the Deaf and the Blind with an opportunity to receive
2332	and match appropriated funds. Trust funds that remain unmatched
2333	by contribution on January 15April 1of any year shall be made
2334	available for matching by any public school district education
2335	foundation and by the Florida School for the Deaf and the Blind
2336	which shall have an opportunity to apply for excess trust funds
2337	prior to the award of such funds.
2338	(c) Funds sufficient to provide the match shall be
2339	transferred from the state trust fund to the Consortium of
2340	Florida Education Foundationspublic school education foundation
2341	or to the Florida School for the Deaf and the Blind Endowment
2342	Fund upon certificationnotificationthat a proportionate amount
2343	has been received and deposited by the individual foundation or
2344	the Florida School for the Deaf and the Blindschool into its
2345	own trust fund.
2346	(3) GRANT ADMINISTRATION.--
2347	(a) Each public school district education foundation and
2348	the Florida School for the Deaf and the Blind participating in
2349	the Florida Academic Improvement Trust Fund shall separately
2350	account for all funds received pursuant to this section, and may
2351	establish its own academic improvement trust fund as a
2352	depository for the private contributions, state matching funds,
2353	and earnings on investments of such funds. State matching funds
2354	shall be administered by the Consortium of Florida Education
2355	Foundations andtransferred to the public school district
2356	education foundation or to the Florida School for the Deaf and
2357	the Blind Endowment Fund upon certificationnotificationthat
2358	the foundation or school has received and deposited private
2359	contributions that meet the criteria for matching as provided in
2360	this section. The public school district education foundations
2361	and the Florida School for the Deaf and the Blind are
2362	responsible for the maintenance, investment, and administration
2363	of their academic improvement trust funds.
2364	Section 89. Subsections (1) and (3) of section 1012.21,
2365	Florida Statutes, are amended to read:
2366	1012.21 Department of Education duties; K-12 personnel.--
2367	(1) PERIODIC CRIMINAL HISTORY RECORD CHECKS.--In
2368	cooperation with the Florida Department of Law Enforcement, the
2369	department of Educationmay periodically perform criminal
2370	history record checks on individuals who hold a certificate
2371	pursuant to s. 1012.56 or s. 1012.57.
2372	(3) SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE TO
2373	CHILD SUPPORT DELINQUENCY.--The department of Educationshall
2374	allow applicants for new or renewal certificates and renewal
2375	certificate holders to be screened by the Title IV-D child
2376	support agency pursuant to s. 409.2598 to assure compliance with
2377	an obligation for support, as defined in s. 409.2554. The
2378	purpose of this section is to promote the public policy of this
2379	state as established in s. 409.2551. The department shall, when
2380	directed by the court, deny the application of any applicant
2381	found to have a delinquent support obligation. The department
2382	shall issue or reinstate the certificate without additional
2383	charge to the certificate holder when notified by the court that
2384	the certificate holder has complied with the terms of the court
2385	order. The department shall not be held liable for any
2386	certificate denial or suspension resulting from the discharge of
2387	its duties under this section.
2388	Section 90. Paragraph (a) of subsection (1) and paragraph
2389	(a) of subsection (3) of section 1012.585, Florida Statutes, are
2390	amended to read:
2391	1012.585 Process for renewal of professional
2392	certificates.--
2393	(1)(a) District school boards in this state shall renew
2394	state-issued professional certificates as follows:
2395	1. Each district school board shall renew state-issued
2396	professional certificates for individuals who hold a
2397	professional certificate by this state and are employed by that
2398	district pursuant to criteria established in subsections (2),
2399	(3), and (4) and rules of the State Board of Education.
2400	2. The employing school district may charge the individual
2401	an application fee not to exceed the amount charged by the
2402	Department of Education for such services, including associated
2403	late renewal fees. Each district school board shall transmit
2404	monthly to the department a fee in an amount established by the
2405	State Board of Education for each renewed certificate. The fee
2406	shall not exceed the actual cost for maintenance and operation
2407	of the statewide certification database and for the actual costs
2408	incurred in printing and mailing such renewed certificates. As
2409	defined in current rules of the state board, the department
2410	shall contribute a portion of such fee for purposes of funding
2411	the Educator Recovery Network established in s. 1012.798. The
2412	department shall deposit all funds into the Educational
2413	Certification and ServiceTrust Fund for use as specified in s.
2414	1012.59.
2415	(3) For the renewal of a professional certificate, the
2416	following requirements must be met:
2417	(a) The applicant must earn a minimum of 6 college credits
2418	or 120 inservice points or a combination thereof. For each area
2419	of specialization to be retained on a certificate, the applicant
2420	must earn at least 3 of the required credit hours or equivalent
2421	inservice points in the specialization area. Education in
2422	"clinical educator" training pursuant to s. 1004.04(5)(b) and
2423	credits or points that provide training in the area of
2424	exceptional student education, normal child development, and the
2425	disorders of development may be applied toward any
2426	specialization area. Credits or points that provide training in
2427	the areas of drug abuse, child abuse and neglect, strategies in
2428	teaching students having limited proficiency in English, or
2429	dropout prevention, or training in areas identified in the
2430	educational goals and performance standards adopted pursuant to
2431	ss. 1000.03(5) and 1008.3451001.23may be applied toward any
2432	specialization area. Credits or points earned through approved
2433	summer institutes may be applied toward the fulfillment of these
2434	requirements. Inservice points may also be earned by
2435	participation in professional growth components approved by the
2436	State Board of Education and specified pursuant to s. 1012.98 in
2437	the district's approved master plan for inservice educational
2438	training, including, but not limited to, serving as a trainer in
2439	an approved teacher training activity, serving on an
2440	instructional materials committee or a state board or commission
2441	that deals with educational issues, or serving on an advisory
2442	council created pursuant to s. 1001.452.
2443	Section 91. Paragraph (a) of subsection (2) of section
2444	1012.61, Florida Statutes, is amended to read:
2445	1012.61 Sick leave.--
2446	(2) PROVISIONS GOVERNING SICK LEAVE.--The following
2447	provisions shall govern sick leave:
2448	(a) Extent of leave.--
2449	1. Each member of the instructional staff employed on a
2450	full-time basis is entitled to 4 days of sick leave as of the
2451	first day of employment of each contract year and shall
2452	thereafter earn 1 day of sick leave for each month of
2453	employment, which shall be credited to the member at the end of
2454	that month and which may not be used before it is earned and
2455	credited to the member. Each other employee shall be credited
2456	with 4 days of sick leave at the end of the first month of
2457	employment of each contract year and shall thereafter be
2458	credited for 1 day of sick leave for each month of employment,
2459	which shall be credited to the employee at the end of the month
2460	and which may not be used before it is earned and credited to
2461	the employee. However, each member of the instructional staff
2462	and each other employee is entitled to earn no more than 1 day
2463	of sick leave times the number of months of employment during
2464	the year of employment. If the employee terminates his or her
2465	employment and has not accrued the 4 days of sick leave
2466	available to him or her, the district school board may withhold
2467	the average daily amount for the days of sick leave used but
2468	unearned by the employee. Such leave may be taken only when
2469	necessary because of sickness as prescribed in this section. The
2470	sick leave shall be cumulative from year to year. There shall be
2471	no limit on the number of days of sick leave which a member of
2472	the instructional staff or an educational support employee may
2473	accrue, except that at least one-half of this cumulative leave
2474	must be established within the district granting such leave.
2475	2. A district school board may establish policies and
2476	prescribe standards to permit an employee to be absent 6 days
2477	each school year for personal reasons. However, such absences
2478	for personal reasons must be charged only to accrued sick leave,
2479	and leave for personal reasons is noncumulative.
2480	3. District school boards may adopt rules permitting the
2481	annual payment for accumulated sick leave that is earned for
2482	that year and that is unused at the end of the school year,
2483	based on the daily rate of pay of the employee multiplied by up
2484	to 80 percent. Days for which such payment is received shall be
2485	deducted from the accumulated leave balance. Such annual payment
2486	may apply only to instructional staff and educational support
2487	employees.
2488	4. A district school board may establish policies to
2489	provide terminal pay for accumulated sick leave to instructional
2490	staff and educational support employees of the district school
2491	board. If termination of employment is by death of the employee,
2492	any terminal pay to which the employee may have been entitled
2493	may be made to his or her beneficiary. However, such terminal
2494	pay may not exceed an amount determined as follows:
2495	a. During the first 3 years of service, the daily rate of
2496	pay multiplied by 35 percent times the number of days of
2497	accumulated sick leave.
2498	b. During the next 3 years of service, the daily rate of
2499	pay multiplied by 40 percent times the number of days of
2500	accumulated sick leave.
2501	c. During the next 3 years of service, the daily rate of
2502	pay multiplied by 45 percent times the number of days of
2503	accumulated sick leave.
2504	d. During the next 3 years of service, the daily rate of
2505	pay multiplied by 50 percent times the number of days of
2506	accumulated sick leave.
2507	e. During and after the 13th year of service, the daily
2508	rate of pay multiplied by 100 percent times the number of days
2509	of accumulated sick leave.
2510	5. A district school board may establish policies to
2511	provide terminal pay for accumulated sick leave to any full-time
2512	employee of the district school board other than instructional
2513	staff or educational support employees as defined in this
2514	section. If termination of the employee is by death of the
2515	employee, any terminal pay to which the employee may have been
2516	entitled may be made to the employee's beneficiary.
2517	a. Terminal pay may not exceed one-fourth of all unused
2518	sick leave accumulated on or after July 1, 2001, and may not
2519	exceed a maximum of 60 days of actual payment. This limit does
2520	not impair any contractual agreement established before July 1,
2521	2001; however, a previously established contract renewed on or
2522	after July 1, 2001, constitutes a new contract.
2523	b. For unused sick leave accumulated before July 1, 2001,
2524	terminal payment shall be made pursuant to a district school
2525	board's policies, contracts, or rules that are in effect on June
2526	30, 2001.
2527	c. If an employee has an accumulated sick leave balance of
2528	60 days of actual payment or more prior to July 1, 2001, sick
2529	leave earned after that date may not be accumulated for terminal
2530	pay purposes until the accumulated leave balance for leave
2531	earned before July 1, 2001, is less than 60 days.
2532
2533	For purposes of this section, an educational support employee
2534	means any person employed by a district school board as a
2535	teacher assistant; an education paraprofessional; a member of
2536	the transportation, operations, maintenance, or food service
2537	department; a secretary; or a clerical employee.
2538	Section 92. Section 1012.62, Florida Statutes, is amended
2539	to read:
2540	1012.62 Transfer of sick leave and annual leave.--In
2541	implementing the provisions of ss. 402.22(1)(d) and
2542	1001.42(4)(m) 1001.42(4)(n), educational personnel in Department
2543	of Children and Family Services residential care facilities who
2544	are employed by a district school board may request, and the
2545	district school board shall accept, a lump-sum transfer of
2546	accumulated sick leave for such personnel to the maximum allowed
2547	by policies of the district school board, notwithstanding the
2548	provisions of s. 110.122. Educational personnel in Department of
2549	Children and Family Services residential care facilities who are
2550	employed by a district school board under the provisions of s.
2551	402.22(1)(d) may request, and the district school board shall
2552	accept, a lump-sum transfer of accumulated annual leave for each
2553	person employed by the district school board in a position in
2554	the district eligible to accrue vacation leave under policies of
2555	the district school board.
2556	Section 93. Paragraphs (b) and (c) of subsection (2) of
2557	section 1012.74, Florida Statutes, are amended to read:
2558	1012.74 Florida educators professional liability insurance
2559	protection.--
2560	(2)
2561	(b) Educator professional liability coverage shall be
2562	extended at cost to all instructional personnel, as defined by
2563	s. 1012.01(2)1012.01(3), who are part-time personnel, as
2564	defined by the district school board policy, and choose to
2565	participate in the state-provided program.
2566	(c) Educator professional liability coverage shall be
2567	extended at cost to all administrative personnel, as defined by
2568	s. 1012.01(3)1012.01(2), who choose to participate in the
2569	state-provided program.
2570	Section 94. Paragraph (b) of subsection (7) of section
2571	1012.79, Florida Statutes, is amended to read:
2572	1012.79 Education Practices Commission; organization.--
2573	(7) The duties and responsibilities of the commission are
2574	to:
2575	(b) Revoke or suspend a certificate or take other
2576	appropriate action as provided in ss. 1012.7951012.56and
2577	1012.796.
2578	Section 95. Subsection (2) of section 1012.795, Florida
2579	Statutes, is amended to read:
2580	1012.795 Education Practices Commission; authority to
2581	discipline.--
2582	(2) The plea of guilty in any court, the decision of
2583	guilty by any court, the forfeiture by the teaching certificate
2584	holder of a bond in any court of law, or the written
2585	acknowledgment, duly witnessed, of offenses listed in subsection
2586	(1) to the district school superintendent or a duly appointed
2587	representative of such superintendentor to the district school
2588	board shall be prima facie proof of grounds for revocation of
2589	the certificate as listed in subsection (1) in the absence of
2590	proof by the certificate holder that the plea of guilty,
2591	forfeiture of bond, or admission of guilt was caused by threats,
2592	coercion, or fraudulent means.
2593	Section 96. Paragraph (c) of subsection (1) of section
2594	1012.796, Florida Statutes, amended to read:
2595	1012.796 Complaints against teachers and administrators;
2596	procedure; penalties.--
2597	(1)
2598	(c) Each school district shall file in writing with the
2599	department all legally sufficient complaints within 30 days
2600	after the date on which subject matter of the complaint comes to
2601	the attention of the school district. The school district shall
2602	include all information relating to the complaint which is known
2603	to the school district at the time of filing. Each district
2604	school board shall develop policies and procedures to comply
2605	with this reporting requirement. The district school board
2606	policies and procedures shall include appropriate penalties for
2607	all personnel of the district school board for nonreporting and
2608	procedures for promptly informing the district school
2609	superintendent of each legally sufficient complaint. The
2610	district school superintendent is charged with knowledge of
2611	these policies and procedures. If the district school
2612	superintendent has knowledge of a legally sufficient complaint
2613	and does not report the complaint, or fails to enforce the
2614	policies and procedures of the district school board, and fails
2615	to comply with the requirements of this subsection, in addition
2616	to other actions against certificate holders authorized by law,
2617	the district school superintendent shall be subject to penalties
2618	as specified in s. 1001.51(12)1001.51(13). This paragraph does
2619	not limit or restrict the power and duty of the department to
2620	investigate complaints as provided in paragraphs (a) and (b),
2621	regardless of the school district's untimely filing, or failure
2622	to file, complaints and followup reports.
2623	Section 97. Paragraph (b) of subsection (4) of section
2624	1012.98, Florida Statutes, is amended to read:
2625	1012.98 School Community Professional Development Act.--
2626	(4) The Department of Education, school districts,
2627	schools, community colleges, and state universities share the
2628	responsibilities described in this section. These
2629	responsibilities include the following:
2630	(b) Each school district shall develop a professional
2631	development system. The system shall be developed in
2632	consultation with teachers and representatives of community
2633	college and stateuniversity faculty, community agencies, and
2634	other interested citizen groups to establish policy and
2635	procedures to guide the operation of the district professional
2636	development program. The professional development system must:
2637	1. Be approved by the department. All substantial
2638	revisions to the system shall be submitted to the department for
2639	review for continued approval.
2640	2. Require the use of student achievement data; school
2641	discipline data; school environment surveys; assessments of
2642	parental satisfaction; performance appraisal data of teachers,
2643	managers, and administrative personnel; and other performance
2644	indicators to identify school and student needs that can be met
2645	by improved professional performance.
2646	3. Provide inservice activities coupled with followup
2647	support that are appropriate to accomplish district-level and
2648	school-level improvement goals and standards. The inservice
2649	activities for instructional personnel shall primarily focus on
2650	subject content and teaching methods, including technology, as
2651	related to the Sunshine State Standards, assessment and data
2652	analysis, classroom management, and school safety.
2653	4. Include a master plan for inservice activities,
2654	pursuant to rules of the State Board of Education, for all
2655	district employees from all fund sources. The master plan shall
2656	be updated annually by September 1 using criteria for continued
2657	approval as specified by rules of the State Board of Education.
2658	Written verification that the inservice plan meets all
2659	requirements of this section must be submitted annually to the
2660	commissioner by October 1.
2661	5. Require each school principal to establish and maintain
2662	an individual professional development plan for each
2663	instructional employee assigned to the school. The individual
2664	professional development plan must:
2665	a. Be related to specific performance data for the
2666	students to whom the teacher is assigned.
2667	b. Define the inservice objectives and specific measurable
2668	improvements expected in student performance as a result of the
2669	inservice activity.
2670	c. Include an evaluation component that determines the
2671	effectiveness of the professional development plan.
2672	6. Include inservice activities for school administrative
2673	personnel that address updated skills necessary for effective
2674	school management and instructional leadership.
2675	7. Provide for systematic consultation with regional and
2676	state personnel designated to provide technical assistance and
2677	evaluation of local professional development programs.
2678	8. Provide for delivery of professional development by
2679	distance learning and other technology-based delivery systems to
2680	reach more educators at lower costs.
2681	9. Provide for the continuous evaluation of the quality
2682	and effectiveness of professional development programs in order
2683	to eliminate ineffective programs and strategies and to expand
2684	effective ones. Evaluations must consider the impact of such
2685	activities on the performance of participating educators and
2686	their students' achievement and behavior.
2687	Section 98. Paragraph (b) of subsection (1) of section
2688	1013.31, Florida Statutes, is amended to read:
2689	1013.31 Educational plant survey; localized need
2690	assessment; PECO project funding.--
2691	(1) At least every 5 years, each board shall arrange for
2692	an educational plant survey, to aid in formulating plans for
2693	housing the educational program and student population, faculty,
2694	administrators, staff, and auxiliary and ancillary services of
2695	the district or campus, including consideration of the local
2696	comprehensive plan. The Office of Workforce and Economic
2697	Development shall document the need for additional career and
2698	adult education programs and the continuation of existing
2699	programs before facility construction or renovation related to
2700	career or adult education may be included in the educational
2701	plant survey of a school district or community college that
2702	delivers career or adult education programs. Information used by
2703	the Office of Workforce and Economic Development to establish
2704	facility needs must include, but need not be limited to, labor
2705	market data, needs analysis, and information submitted by the
2706	school district or community college.
2707	(b) Required need assessment criteria for district,
2708	community college, collegeand state university plant
2709	surveys.--Educational plant surveys must use uniform data
2710	sources and criteria specified in this paragraph. Each revised
2711	educational plant survey and each new educational plant survey
2712	supersedes previous surveys.
2713	1. The school district's survey must be submitted as a
2714	part of the district educational facilities plan defined in s.
2715	1013.35. To ensure that the data reported to the Department of
2716	Education as required by this section is correct, the department
2717	shall annually conduct an onsite review of 5 percent of the
2718	facilities reported for each school district completing a new
2719	survey that year. If the department's review finds the data
2720	reported by a district is less than 95 percent accurate, within
2721	1 year from the time of notification by the department the
2722	district must submit revised reports correcting its data. If a
2723	district fails to correct its reports, the commissioner may
2724	direct that future fixed capital outlay funds be withheld until
2725	such time as the district has corrected its reports so that they
2726	are not less than 95 percent accurate.
2727	2. Each survey of a special facility, joint-use facility,
2728	or cooperative career and technical education facility must be
2729	based on capital outlay full-time equivalent student enrollment
2730	data prepared by the department for school districts, community
2731	colleges, colleges,and universities. A survey of space needs of
2732	a joint-use facility shall be based upon the respective space
2733	needs of the school districts, community colleges, colleges,and
2734	universities, as appropriate. Projections of a school district's
2735	facility space needs may not exceed the norm space and occupant
2736	design criteria established by the State Requirements for
2737	Educational Facilities.
2738	3. Each community college's survey must reflect the
2739	capacity of existing facilities as specified in the inventory
2740	maintained by the Department of Education. Projections of
2741	facility space needs must comply with standards for determining
2742	space needs as specified by rule of the State Board of
2743	Education. The 5-year projection of capital outlay student
2744	enrollment must be consistent with the annual report of capital
2745	outlay full-time student enrollment prepared by the Department
2746	of Education.
2747	4. Each college andstate university's survey must reflect
2748	the capacity of existing facilities as specified in the
2749	inventory maintained and validated by the Department of
2750	EducationDivision of Colleges and Universities. Projections of
2751	facility space needs must be consistent with standards for
2752	determining space needs approved by the State Board of Education
2753	Division of Colleges and Universities. The projected capital
2754	outlay full-time equivalent student enrollment must be
2755	consistent with the 5-year planned enrollment cycle for the
2756	State University System approved by the State Board of Education
2757	Division of Colleges and Universities.
2758	5. The district educational facilities plan of a school
2759	district and the educational plant survey of a community
2760	college, or collegeor state university may include space needs
2761	that deviate from approved standards for determining space needs
2762	if the deviation is justified by the district or institution and
2763	approved by the department, as necessary for the delivery of an
2764	approved educational program.
2765	Section 99. Subsection (1) of section 1013.62, Florida
2766	Statutes, is amended to read:
2767	1013.62 Charter schools capital outlay funding.--
2768	(1) In each year in which funds are appropriated for
2769	charter school capital outlay purposes, the Commissioner of
2770	Education shall allocate the funds among eligible charter
2771	schools. To be eligible for a funding allocation, a charter
2772	school must meet the provisions of subsection (6), must have
2773	received final approval from its sponsor pursuant to s. 1002.33
2774	for operation during that fiscal year, and must serve students
2775	in facilities other than thosethat are notprovided by the
2776	charter school's sponsor regardless of whether the facilities
2777	are provided at no charge or for a nominal fee. Prior to the
2778	release of capital outlay funds to a school district on behalf
2779	of the charter school, the Department of Education shall ensure
2780	that the district school board and the charter school governing
2781	board enter into a written agreement that includes provisions
2782	for the reversion of any unencumbered funds and all equipment
2783	and property purchased with public education funds to the
2784	ownership of the district school board, as provided for in
2785	subsection (3), in the event that the school terminates
2786	operations. Any funds recovered by the state shall be deposited
2787	in the General Revenue Fund. A charter school is not eligible
2788	for a funding allocation if it was created by the conversion of
2789	a public school and operates in facilities provided by the
2790	charter school's sponsor for a nominal fee or at no charge or if
2791	it is directly or indirectly operated by the school district.
2792	Unless otherwise provided in the General Appropriations Act, the
2793	funding allocation for each eligible charter school shall be
2794	determined by multiplying the school's projected student
2795	enrollment by one-fifteenth of the cost-per-student station
2796	specified in s. 1013.64(6)(b) for an elementary, middle, or high
2797	school, as appropriate. If the funds appropriated are not
2798	sufficient, the commissioner shall prorate the available funds
2799	among eligible charter schools. Funds shall be distributed on
2800	the basis of the capital outlay full-time equivalent membership
2801	by grade level, which shall be calculated by averaging the
2802	results of the second and third enrollment surveys. The
2803	Department of Education shall distribute capital outlay funds
2804	monthly, beginning in the first quarter of the fiscal year,
2805	based on one-twelfth of the amount the department reasonably
2806	expects the charter school to receive during that fiscal year.
2807	The commissioner shall adjust subsequent distributions as
2808	necessary to reflect each charter school's actual student
2809	enrollment as reflected in the second and third enrollment
2810	surveys. The commissioner shall establish the intervals and
2811	procedures for determining the projected and actual student
2812	enrollment of eligible charter schools.
2813	Section 100. Subsection (6) of section 1013.73, Florida
2814	Statutes, is amended to read:
2815	1013.73 Effort index grants for school district
2816	facilities.--
2817	(6) A school district may receive a distribution for use
2818	pursuant to paragraph (3)(a) only if the district school board
2819	certifies to the Commissioner of Education that the district has
2820	no unmet need for permanent classroom facilities in its 5-year
2821	capital outlay work plan. If the work plan contains such unmet
2822	needs, the district must use its distribution for the payment of
2823	bonds under paragraph (3)(b)(2)(b). If the district does not
2824	require its full bonded distribution to eliminate such unmet
2825	needs, it may bond only that portion of its allocation necessary
2826	to meet the needs.
2827	Section 101. Subsection (1) of section 1013.74, Florida
2828	Statutes, is amended to read:
2829	1013.74 University authorization for fixed capital outlay
2830	projects.--
2831	(1) Notwithstanding the provisions of chapter 216,
2832	including s. 216.351, a university may accomplish fixed capital
2833	outlay projects consistent with the provisions of this section.
2834	Projects authorized by this section shall not require
2835	educational plant survey approval as prescribed in this chapter
2836	235.
2837	Section 102. Subsections (5) through (13) of section
2838	1005.31, Florida Statutes, are renumbered as subsections (6)
2839	through (14), respectively, subsection (4) of said section is
2840	amended, and a new subsection (5) is added to said section, to
2841	read:
2842	1005.31 Licensure of institutions.--
2843	(4) Approved-applicant status shall be extended to all
2844	institutions that have submitted a complete application, as
2845	defined in rule, for provisional licensure and paid all
2846	attendant fees. An incomplete application shall expire 1 year
2847	after initial filing.In granting approved-applicant status, the
2848	commission shall provide to commission staff and the institution
2849	a list of specific omissions or deficiencies.Institutions
2850	granted approved-applicant status may not advertise, offer
2851	programs of study, collect tuition or fees, or engage in any
2852	other activities not specifically approved by the commission. If
2853	the commission, or the commission staff if specifically directed
2854	by the commission, determines that the omissions or deficiencies
2855	have been provided for or corrected, the institution may be
2856	awarded a provisional license.
2857	(5) The commission shall ensure that applicants for
2858	licensure meet the standards as defined in rule through an
2859	investigative process. When the investigative process is not
2860	completed within the time set out in s. 120.60(1) and the
2861	commission has reason to believe that the applicant does not
2862	meet the criteria, the commission or commission staff may issue
2863	a 90-day licensure delay which shall be in writing and
2864	sufficient to notify the applicant of the reason for the delay.
2865	The provisions of this subsection shall control over any
2866	conflicting provisions of s. 120.60(1).
2867	Section 103. Subsection (7) of section 1005.32, Florida
2868	Statutes, is amended to read:
2869	1005.32 Licensure by means of accreditation.--
2870	(7) A license by means of accreditation may be denied,
2871	placed on probation, or revoked for repeated failure to comply
2872	with the requirements of this section, or for violation of any
2873	provision of this chapter pertaining to discipline or violation
2874	of any rules promulgated pursuant to this chapter pertaining to
2875	discipline. The commission shall adopt rules for these actions.
2876	Revocation or denial of a license by means of accreditation
2877	requires that the institution immediately obtain a provisional
2878	an annuallicense.
2879	Section 104. Subsections (5) through (8) of section
2880	1005.38, Florida Statutes, are renumbered as subsections (6)
2881	through (9), respectively, and a new subsection (5) is added to
2882	said section to read:
2883	1005.38 Actions against a licensee and other penalties.--
2884	(5) The commission may refuse to issue an initial license
2885	to any applicant who is under investigation or prosecution in
2886	any jurisdiction for an action that would constitute a violation
2887	of this chapter or the professional practice acts administered
2888	by the commission, until such time as the investigation or
2889	prosecution is complete, and the time period in which the
2890	licensure application must be granted or denied shall be tolled
2891	until 15 days after the receipt of the final results of the
2892	investigation or prosecution.
2893	Section 105. Paragraph (b) of subsection (1) of section
2894	1009.531, Florida Statutes, is amended to read:
2895	1009.531 Florida Bright Futures Scholarship Program;
2896	student eligibility requirements for initial awards.--
2897	(1) To be eligible for an initial award from any of the
2898	three types of scholarships under the Florida Bright Futures
2899	Scholarship Program, a student must:
2900	(b) Earn a standard Florida high school diploma or its
2901	equivalent as described in s. 1003.43 or s. 1003.4351003.45
2902	unless:
2903	1. The student is enrolled full time in the early
2904	admission program of an eligible postsecondary education
2905	institution or completes a home education program according to
2906	s. 1002.41; or
2907	2. The student earns a high school diploma from a non-
2908	Florida school while living with a parent or guardian who is on
2909	military or public service assignment away from Florida.
2910	Section 106. Paragraphs (g) and (h) of subsection (2) of
2911	section 445.049, section 1006.57, and subsection(3) of section
2912	1008.345, Florida Statutes, are repealed.
2913	Section 107. This act shall take effect upon becoming a
2914	law.
2915
2916
2917
2918	================= T I T L E A M E N D M E N T =================
2919	Remove the entire title, and insert:
2920	A bill to be entitled
2921	An act relating to corrections to the school code rewrite;
2922	amending s. 17.076, F.S.; providing an exception to a
2923	public records exemption; amending s. 20.055, F.S.;
2924	deleting reference to Board of Regents; amending s.
2925	24.121, F.S.; correcting a cross reference; amending s.
2926	110.161, F.S.; including employees of state universities
2927	in definition for purposes of pretax benefits program;
2928	amending s. 112.215, F.S.; including employees of state
2929	university boards of trustees in definition for purposes
2930	of deferred compensation program; amending s. 145.19,
2931	F.S.; adding a cross reference; providing for
2932	superintendent’s annual performance salary incentive to be
2933	added to adjusted salary rate; amending s. 159.27, F.S.;
2934	redesignating developmental research school as lab school;
2935	amending s. 212.055, F.S.; deleting references to Florida
2936	Frugal Schools Program; amending s. 216.136, F.S.;
2937	deleting reference to Chancellor of State University
2938	System, Executive Director of State Board of Community
2939	Colleges, and State Board of Nonpublic Career Education;
2940	providing that the executive director of Commission for
2941	Independent Education is a member of the Workforce
2942	Estimating Conference; amending s. 250.10, F.S.; replacing
2943	reference to Board of Regents with Board of Governors;
2944	deleting reference to State Board of Community Colleges;
2945	amending s. 287.064, F.S.; authorizing state universities
2946	to continue to participate in the consolidated equipment
2947	financing program; amending s. 288.7091, F.S.; changing
2948	reference to Florida Board of Education to State Board of
2949	Education; amending s. 316.615, F.S; replacing reference
2950	to Commissioner of Education with State Board of Education
2951	for purpose of rulemaking; amending s. 402.305, F.S.;
2952	replacing reference to Department of Education with State
2953	Board of Education for purpose of rulemaking; amending s.
2954	409.1451, F.S.; correcting a cross reference; amending s.
2955	440.38, F.S.; including state universities as self-
2956	insurers for purposes of workers’ compensation; amending
2957	ss. 445.012 and 445.0122, F.S.; deleting reference to
2958	Articulation Coordinating Committee; providing for
2959	agreement of State Board of Education; amending s.
2960	445.0123, F.S.; deleting reference to State Board of
2961	Independent Colleges and Universities and State Board of
2962	Nonpublic Career Education; requiring licensure of certain
2963	postsecondary education institutions by the Commission for
2964	Independent Education for determining eligibility for
2965	certain students; amending s. 445.0124, F.S.; deleting
2966	reference to Articulation Coordinating Committee;
2967	providing for agreement of State Board of Education;
2968	amending ss. 445.2125 and 456.028, F.S.; deleting
2969	reference to State Board of Independent Colleges and
2970	Universities, State Board of Nonpublic Career Education,
2971	Board of Regents, and State Board of Community Colleges;
2972	requiring consultation with Commission for Independent
2973	Education, Board of Governors, and State Board of
2974	Education; amending s. 458.347, F.S.; replacing reference
2975	to State Board of Community Colleges with State Board of
2976	Education; amending s. 467.009, F.S.; deleting reference
2977	to licensing authority of State Board of Nonpublic Career
2978	Education; providing licensing authority of Commission for
2979	Independent Education; amending s. 488.01, F.S.; deleting
2980	reference to State Board of Nonpublic Career Education;
2981	requiring license from the Commission for Independent
2982	Education for operating certain driver’s schools; amending
2983	s. 489.125, F.S.; replacing reference to Commissioner of
2984	Education with State Board of Education for purpose of
2985	rulemaking; amending s. 784.081, F.S.; redesignating
2986	developmental research school as lab school; amending ss.
2987	817.566 and 817.567, F.S.; correcting cross references;
2988	deleting reference to State Board of Independent Colleges
2989	and Universities; providing licensing authority of
2990	Commission for Independent Education; amending s. 943.17,
2991	F.S.; replacing reference to Department of Education with
2992	State Board of Education for purpose of rulemaking;
2993	amending s. 943.22, F.S.; replacing reference to
2994	accreditation by Accrediting Commission for Independent
2995	Colleges and Schools with Accrediting Council for
2996	Independent Colleges and Schools; amending s. 1000.04,
2997	F.S.; correcting reference to technical centers; amending
2998	s. 1001.26, F.S.; correcting a cross reference; amending
2999	s. 1001.32, F.S.; deleting reference to rulemaking
3000	authority of Commissioner of Education; amending s.
3001	1001.372, F.S.; correcting a cross reference; amending s.
3002	1001.395, F.S.; revising time requirements for district
3003	school board members to determine salary; amending s.
3004	1001.42, F.S.; correcting a cross reference; amending s.
3005	1001.47, F.S.; providing calculation methodology for
3006	salary for elected district school superintendents based
3007	on county population; amending s. 1001.50, F.S.;
3008	eliminating age as a criterion of compensation for
3009	district school superintendents; amending s. 1001.51,
3010	F.S.; deleting reference to patrons; amending s. 1001.74,
3011	F.S.; adding a cross reference relating to pretax benefits
3012	for state university employees; amending ss. 1002.01 and
3013	1002.20, F.S.; correcting a cross reference; amending s.
3014	1002.32, F.S.; redesignating developmental research school
3015	as lab school; correcting a cross reference; amending s.
3016	1002.33, F.S.; correcting reference to federal law;
3017	deleting conflicting provisions relating to charter school
3018	facilities; requiring certain compliance for
3019	transportation of charter school students; deleting
3020	obsolete pilot program; amending s. 1002.42, F.S.;
3021	correcting cross references; amending s. 1002.43, F.S.;
3022	providing reference to regular school attendance;
3023	correcting a cross reference; amending s. 1003.22, F.S.;
3024	providing reference to prekindergarten; amending s.
3025	1003.43, F.S.; deleting reference to State Board of
3026	Education waiver authority; correcting date and name of
3027	the Korean Conflict; amending s. 1003.52, F.S.; correcting
3028	a cross reference; amending s. 1003.63, F.S.; deleting
3029	reference to State Board of Education waiver authority;
3030	amending s. 1004.24, F.S.; deleting obsolete reference to
3031	postaudit of financial accounts; providing for financial
3032	audit pursuant to s. 11.45, F.S.; amending s. 1004.26,
3033	F.S.; conforming university oversight of student
3034	government; amending s. 1004.445, F.S.; deleting obsolete
3035	reference to postaudit of financial accounts; providing
3036	for financial audit pursuant to s. 11.45, F.S.; amending
3037	s. 1005.04, F.S.; correcting punctuation; amending s.
3038	1006.06, F.S.; replacing reference to private school with
3039	reference to nonprofit school; amending s. 1006.14, F.S.;
3040	correcting punctuation; amending ss. 1006.18 and 1006.20,
3041	F.S.; changing name of the Florida High School Activities
3042	Association to Florida High School Athletic Association;
3043	clarifying requirements of physical assessment prior to
3044	interscholastic athletic competition; deleting an obsolete
3045	report; amending s. 1006.21, F.S.; omitting references to
3046	regulations; amending s. 1007.21, F.S.; conforming
3047	references to parent or guardian; amending s. 1007.264,
3048	F.S.; revising provisions relating to impaired and
3049	learning disabled persons; deleting provisions relating to
3050	admission into a program of study and graduation; creating
3051	s. 1007.265, F.S.; creating provisions relating to
3052	impaired and learning disabled students with regard to
3053	graduation, study program admission, and upper-division
3054	entry; providing for substitute requirements; amending s.
3055	1008.22, F.S.; revising provisions relating to passing
3056	scores for students taking the FCAT for the first time;
3057	amending s. 1008.25, F.S.; providing exemption from
3058	retention for certain grade 3 students with disabilities;
3059	revising a reporting date; amending s. 1008.29, F.S.;
3060	correcting a cross reference; amending s. 1008.32, F.S.;
3061	requiring Commissioner of Education to report
3062	determinations of probable cause; amending s. 1008.37,
3063	F.S.; correcting a reporting date; amending s. 1009.24,
3064	F.S.; providing that nonresident student fees must be
3065	sufficient to defray costs of undergraduate education;
3066	amending s. 1009.25, F.S.; providing that a student
3067	enrolled in an apprenticeship program is exempt from
3068	certain tuition and program fees; defining the term
3069	“fees”; amending s. 1009.29, F.S.; correcting reference to
3070	number of state universities; amending s. 1009.531, F.S.;
3071	including International General Certificate of Secondary
3072	Education and Advanced International Certificate of
3073	Education courses in courses that are weighted for
3074	purposes of determining initial eligibility for a Florida
3075	Bright Futures Scholarship; amending s. 1009.532, F.S.;
3076	providing for a one-time restoration of award; amending
3077	ss. 1009.534 and 1009.535, F.S.; including Advanced
3078	International Certificate of Education students as
3079	eligible for a Florida Academic Scholars award or a
3080	Florida Medallion Scholars award; amending s. 1009.536,
3081	F.S., relating to the Florida Gold Seal Vocational
3082	Scholars award, to conform; amending ss. 1009.58 and
3083	1009.61, F.S.; redesignating developmental research school
3084	as lab school; amending ss. 1009.765 and 1009.77, F.S.;
3085	replacing reference to Department of Education with State
3086	Board of Education for purpose of rulemaking; amending s.
3087	1010.215, F.S.; replacing reference to revenues with
3088	funds; amending s. 1010.75, F.S.; providing for
3089	disbursement of fees from the Teacher Certification
3090	Examination Trust Fund; amending ss. 1011.24 and 1011.47,
3091	F.S.; redesignating developmental research schools as lab
3092	schools; amending s. 1011.60, F.S.; deleting a nonexistent
3093	cross reference; authorizing a decrease in days of
3094	instruction for certain students; amending s. 1011.62,
3095	F.S.; redesignating developmental research school as lab
3096	school; deleting reference to high school competency test;
3097	providing reference to performance grade category;
3098	amending s. 1011.70, F.S.; changing references to
3099	Department of Education to Agency for Health Care
3100	Administration; redesignating developmental research
3101	schools as lab schools; authorizing lab schools to
3102	participate in Medicaid certified school match program on
3103	same basis as school districts; amending s. 1011.765,
3104	F.S.; requiring the Consortium of Florida Education
3105	Foundations to administer funds appropriated to the
3106	Florida Academic Improvement Trust Fund; amending s.
3107	1012.21, F.S.; providing references to Department of
3108	Education; amending s. 1012.585, F.S.; correcting name of
3109	trust fund; correcting a cross reference; amending s.
3110	1012.61, F.S.; defining "educational support employee";
3111	amending ss. 1012.62, 1012.74, and 1012.79, F.S.;
3112	correcting cross references; amending s. 1012.795, F.S.;
3113	designating appointed representative of district school
3114	superintendent to receive records concerning certain
3115	offenses; amending s. 1012.796, F.S.; correcting a cross
3116	reference; amending s. 1012.98, F.S.; requiring
3117	consultation with state university faculty; amending s.
3118	1013.31, F.S.; deleting reference to Division of Colleges
3119	and Universities; requiring the Department of Education to
3120	validate university surveys in accordance with State Board
3121	of Education approval of needs and enrollment cycle;
3122	amending s. 1013.62, F.S.; clarifying provisions relating
3123	to charter school eligibility for capital outlay funding;
3124	amending ss. 1013.73 and 1013.74, F.S.; correcting cross
3125	references; amending s. 1005.31, F.S.; revising provisions
3126	relating to licensure of institutions by the Commission
3127	for Independent Education; amending s. 1005.32, F.S.;
3128	providing for revocation or denial of license for
3129	violation of provisions relating to discipline; amending
3130	s. 1005.38, F.S.; providing for licensure activities of
3131	the commission during certain investigations or
3132	prosecution; amending s. 1009.531, F.S.; correcting a
3133	cross reference; repealing s. 445.049(2)(g) and (h), F.S.,
3134	relating to the executive director of the State Board of
3135	Community Colleges and the executive director of the State
3136	Board for Career Education as members of the Digital
3137	Divide Council; repealing s. 1006.57, F.S., relating to
3138	certain books furnished by the Clerk of the Supreme Court;
3139	repealing s. 1008.345(3), F.S., relating to development of
3140	an annual report by the Department Education; providing an
3141	effective date.