Senate Bill sb1772

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    Florida Senate - 2003                                  SB 1772

    By the Committee on Education





    304-1432A-03

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         20.055, F.S.; eliminating a reference to the

  4         Board of Regents; amending s. 24.121, F.S.;

  5         correcting a cross-reference; amending s.

  6         212.055, F.S.; eliminating references to the

  7         Florida Frugal Schools Program; amending s.

  8         216.136, F.S.; eliminating reference to an

  9         obsolete board; providing that the executive

10         director of the Commission for Independent

11         Education is a member of the Workforce

12         Estimating Conference; amending s. 316.615,

13         F.S.; revising provisions relating to

14         rulemaking with respect to school bus

15         operation; amending s. 402.305, F.S.; revising

16         provisions relating to rules with respect to

17         child care facilities; amending s. 409.1451,

18         F.S.; correcting a cross-reference; amending s.

19         445.0123, F.S.; eliminating a reference to

20         State Board of Independent Colleges and

21         Universities; prescribing duties of the

22         Commission for Independent Education with

23         respect to determining eligibility for certain

24         students; amending s. 455.2125, F.S.;

25         eliminating a reference to the State Board of

26         Independent Colleges and Universities and the

27         State Board of Nonpublic Career Education;

28         requiring certain entities to consult with the

29         Commission for Independent Education; amending

30         s. 456.028, F.S.; eliminating a reference to

31         the State Board of Independent Colleges and

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  1         Universities and the State Board of Nonpublic

  2         Career Education; requiring certain entities to

  3         consult with the Commission for Independent

  4         Education; amending s. 467.009, F.S.;

  5         transferring certain duties from the authority

  6         of the State Board of Nonpublic Career

  7         Education to the Commission for Independent

  8         Education; amending s. 488.01, F.S.;

  9         transferring certain duties from the State

10         Board of Nonpublic Career Education to the

11         Commission for Independent Education; amending

12         s. 489.125, F.S.; eliminating a reference to

13         the Commissioner of Education; providing

14         rulemaking authority of the State Board of

15         Education; amending s. 817.566, F.S.;

16         correcting a cross-reference; transferring

17         certain duties from the State Board of

18         Independent Colleges and Universities to the

19         Commission for Independent Education; amending

20         s. 817.567, F.S.; correcting a cross-reference;

21         transferring certain duties from the State

22         Board of Independent Colleges and Universities

23         to the Commission for Independent Education;

24         amending s. 943.22, F.S.; replacing a reference

25         to the Accrediting Commission for Independent

26         Colleges to one for the Accrediting Council for

27         Independent Colleges and Schools; amending s.

28         1000.04, F.S.; correcting terminology; amending

29         s. 1001.26, F.S.; correcting a cross-reference;

30         amending s. 1001.372, F.S.; correcting an

31         internal reference; amending s. 1001.42, F.S.;

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  1         correcting a cross-reference; amending s.

  2         1001.50, F.S.; eliminating age as a criterion

  3         of compensation for district school

  4         superintendents; amending s. 1001.74, F.S.;

  5         correcting a cross-reference; amending s.

  6         1002.01, F.S.; correcting a cross-reference;

  7         amending s. 1002.32, F.S.; redesignating a

  8         developmental research school as a "lab"

  9         school; deleting a cross-reference; amending s.

10         1002.33, F.S.; requiring compliance with s.

11         1012.45, F.S., for transportation of charter

12         school students; amending s. 1002.42, F.S.;

13         correcting a cross-reference; amending s.

14         1002.43, F.S.; correcting a cross-reference;

15         amending s. 1004.24, F.S.; eliminating an

16         obsolete reference to postaudits of financial

17         accounts; providing for financial audit

18         pursuant to s. 11.45, F.S.; amending s.

19         1004.26, F.S.; revising provisions relating to

20         university oversight of student government;

21         amending s. 1004.445, F.S.; eliminating an

22         obsolete reference to postaudit of financial

23         accounts; requiring a financial audit pursuant

24         to s. 11.45, F.S.; amending s. 1005.04, F.S.;

25         correcting an error in punctuation; amending s.

26         1006.14, F.S.; correcting an error in

27         punctuation; amending s. 1006.21, F.S.;

28         deleting references to "regulations" and

29         conforming references to State Board of

30         Education; amending s. 1007.21, F.S.; deleting

31         references to guardians; amending s. 1008.37,

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  1         F.S.; correcting a date; amending s. 1009.29,

  2         F.S.; correcting reference to State Board of

  3         Education; correcting reference to the number

  4         of state universities; amending s. 1009.539,

  5         F.S.; redesignating the Florida Merit Scholars

  6         award as the Florida Medallion Scholars award;

  7         transferring certain duties of the Articulation

  8         Coordinating Committee to the State Board of

  9         Education; correcting a cross-reference;

10         amending s. 1010.75, F.S.; providing that fees

11         be remitted for disbursement from the Teacher

12         Certification Examination Trust Fund; amending

13         s. 1011.60, F.S.; deleting a cross-reference;

14         amending s. 1011.62, F.S.; redesignating the

15         Accrediting Commission of the Association of

16         Independent Colleges and Schools as the

17         Accrediting Council for Independent Colleges

18         and Schools; amending s. 1012.21, F.S.;

19         correcting a reference to the Department of

20         Education; amending s. 1012.585, F.S.;

21         correcting the name of a trust fund; correcting

22         a cross-reference; amending s. 1012.62, F.S.;

23         correcting a cross-reference; amending s.

24         1012.74, F.S.; correcting cross-references;

25         amending s. 1012.79, F.S.; correcting a

26         cross-reference; amending s. 1012.795, F.S.;

27         designating the appointed representative of a

28         district school superintendent to receive

29         certain records concerning certain offenses;

30         amending s. 1012.796, F.S.; correcting

31         cross-references; amending s. 1012.98, F.S.;

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  1         requiring consultation with state university

  2         faculty; amending 1013.73, F.S.; correcting a

  3         cross-reference; amending s. 1013.74, F.S.;

  4         eliminating an obsolete cross-reference;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Paragraph (a) of subsection (1) of section

10  20.055, Florida Statutes, is amended to read:

11         20.055  Agency inspectors general.--

12         (1)  For the purposes of this section:

13         (a)  "State agency" means each department created

14  pursuant to this chapter, and also includes the Executive

15  Office of the Governor, the Department of Military Affairs,

16  the Board of Regents, the Fish and Wildlife Conservation

17  Commission, the Public Service Commission, and the state

18  courts system.

19         Section 2.  Paragraph (d) of subsection (5) of section

20  24.121, Florida Statutes, is amended to read:

21         24.121  Allocation of revenues and expenditure of funds

22  for public education.--

23         (5)

24         (d)  No funds shall be released for any purpose from

25  the Educational Enhancement Trust Fund to any school district

26  in which one or more schools do not have an approved school

27  improvement plan pursuant to s. 1001.42(16) or do not comply

28  with school advisory council membership composition

29  requirements pursuant to s. 1001.452(1) s. 229.58(1).

30  Effective July 1, 2002, the Commissioner of Education shall

31  withhold disbursements from the trust fund to any school

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  1  district that fails to adopt the performance-based salary

  2  schedule required by s. 1012.22(1).

  3         Section 3.  Paragraphs (b) and (c) of subsection (6) of

  4  section 212.055, Florida Statutes, are amended to read:

  5         212.055  Discretionary sales surtaxes; legislative

  6  intent; authorization and use of proceeds.--It is the

  7  legislative intent that any authorization for imposition of a

  8  discretionary sales surtax shall be published in the Florida

  9  Statutes as a subsection of this section, irrespective of the

10  duration of the levy.  Each enactment shall specify the types

11  of counties authorized to levy; the rate or rates which may be

12  imposed; the maximum length of time the surtax may be imposed,

13  if any; the procedure which must be followed to secure voter

14  approval, if required; the purpose for which the proceeds may

15  be expended; and such other requirements as the Legislature

16  may provide.  Taxable transactions and administrative

17  procedures shall be as provided in s. 212.054.

18         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

19         (b)  The resolution shall include a statement that

20  provides a brief and general description of the school capital

21  outlay projects to be funded by the surtax. If applicable, the

22  resolution must state that the district school board has been

23  recognized by the State Board of Education as having a Florida

24  Frugal Schools Program. The statement shall conform to the

25  requirements of s. 101.161 and shall be placed on the ballot

26  by the governing body of the county. The following question

27  shall be placed on the ballot:

28

29        ....FOR THE               ....CENTS TAX

30        ....AGAINST THE           ....CENTS TAX

31

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  1         (c)  The resolution providing for the imposition of the

  2  surtax shall set forth a plan for use of the surtax proceeds

  3  for fixed capital expenditures or fixed capital costs

  4  associated with the construction, reconstruction, or

  5  improvement of school facilities and campuses which have a

  6  useful life expectancy of 5 or more years, and any land

  7  acquisition, land improvement, design, and engineering costs

  8  related thereto. Additionally, the plan shall include the

  9  costs of retrofitting and providing for technology

10  implementation, including hardware and software, for the

11  various sites within the school district.  Surtax revenues may

12  be used for the purpose of servicing bond indebtedness to

13  finance projects authorized by this subsection, and any

14  interest accrued thereto may be held in trust to finance such

15  projects. Neither the proceeds of the surtax nor any interest

16  accrued thereto shall be used for operational expenses. If the

17  district school board has been recognized by the State Board

18  of Education as having a Florida Frugal Schools Program, the

19  district's plan for use of the surtax proceeds must be

20  consistent with this subsection and with uses assured under

21  the Florida Frugal Schools Program.

22         Section 4.  Paragraph (b) of subsection (9) of section

23  216.136, Florida Statutes, is amended to read:

24         216.136  Consensus estimating conferences; duties and

25  principals.--

26         (9)  WORKFORCE ESTIMATING CONFERENCE.--

27         (b)  Principals.--The Commissioner of Education, the

28  Executive Office of the Governor, the director of the Office

29  of Tourism, Trade, and Economic Development, the director of

30  the Agency for Workforce Innovation, the Chancellor of the

31  State University System, the Executive Director of the State

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  1  Board of Community Colleges, the Executive Director chair of

  2  the Commission for Independent Education State Board of

  3  Nonpublic Career Education, the chair of Workforce Florida,

  4  Inc., the coordinator of the Office of Economic and

  5  Demographic Research, or their designees, and professional

  6  staff from the Senate and the House of Representatives who

  7  have forecasting and substantive expertise, are the principals

  8  of the Workforce Estimating Conference.  In addition to the

  9  designated principals of the conference, nonprincipal

10  participants of the conference shall include a representative

11  of the Florida Chamber of Commerce and other interested

12  parties.  The principal representing the Executive Office of

13  the Governor shall preside over the sessions of the

14  conference.

15         Section 5.  Subsection (3) of section 316.615, Florida

16  Statutes, is amended to read:

17         316.615  School buses; physical requirements of

18  drivers.--

19         (3)  A person may not operate or cause to be operated a

20  motor vehicle covered by subsection (1) or subsection (2) when

21  transporting school children unless the operator has met the

22  physical examination requirements established by law and by

23  rule of the State Board of Education adopted by the

24  Commissioner of Education.  The operator of such a motor

25  vehicle shall pass an annual physical examination and have

26  posted in the vehicle a certificate to drive the vehicle.

27         Section 6.  Paragraph (b) of subsection (1), subsection

28  (5), and paragraph (b) of subsection (7) of section 402.305,

29  Florida Statutes, are amended to read:

30         402.305  Licensing standards; child care facilities.--

31

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  1         (1)  LICENSING STANDARDS.--The department shall

  2  establish licensing standards that each licensed child care

  3  facility must meet regardless of the origin or source of the

  4  fees used to operate the facility or the type of children

  5  served by the facility.

  6         (b)  All standards established under ss.

  7  402.301-402.319 must be consistent with the rules adopted by

  8  the State Fire Marshal for child care facilities. However, if

  9  the facility is operated in a public school, the department

10  shall use the public school fire code, as provided in the

11  rules of the State Board Department of Education, as the

12  minimum standard for firesafety.

13         (5)  PHYSICAL FACILITIES.--Minimum standards shall

14  include requirements for building conditions, indoor play

15  space, outdoor play space, napping space, bathroom facilities,

16  food preparation facilities, outdoor equipment, and indoor

17  equipment. Because of the nature and duration of drop-in child

18  care, outdoor play space and outdoor equipment shall not be

19  required for licensure; however, if such play space and

20  equipment are provided, then the minimum standards shall apply

21  to drop-in child care. With respect to minimum standards for

22  physical facilities of a child care program for school-age

23  children which is operated in a public school facility, the

24  department shall adopt the State Uniform Building Code for

25  Public Educational Facilities Construction as the minimum

26  standards, regardless of the operator of the program. The

27  Legislature intends that if a child care program for

28  school-age children is operated in a public school, the

29  program need not conform to standards for physical facilities

30  other than the standards adopted by the State Board

31  Commissioner of Education.

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  1         (7)  SANITATION AND SAFETY.--

  2         (b)  In the case of a child care program for school-age

  3  children attending before and after school programs on the

  4  public school site, the department shall use the public school

  5  fire code, as adopted promulgated in the rules of the State

  6  Board Department of Education, as the minimum standard for

  7  firesafety.  In the case of a child care program for

  8  school-age children attending before-school and after-school

  9  programs on a site operated by a municipality, the department

10  shall adopt rules for such site and intended use.

11         Section 7.  Paragraph (b) of subsection (5) of section

12  409.1451, Florida Statutes, is amended to read:

13         409.1451  Independent living transition services.--

14         (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS

15  FORMERLY IN FOSTER CARE.--Based on the availability of funds,

16  the department shall provide or arrange for the following

17  services to young adults formerly in foster care who meet the

18  prescribed conditions and are determined eligible by the

19  department. The categories of services available to assist a

20  young adult formerly in foster care to achieve independence

21  are:

22         (b)  Road-to-Independence Scholarship Program.--

23         1.  The Road-to-Independence Scholarship Program is

24  intended to help eligible students who are former foster

25  children in this state to receive the educational and

26  vocational training needed to achieve independence. The amount

27  of the award shall equal the earnings that the student would

28  have been eligible to earn working a 40-hour-a-week federal

29  minimum wage job, after considering other grants and

30  scholarships that are in excess of the educational

31  institutions' fees and costs, and contingent upon available

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  1  funds. Students eligible for the Road-to-Independence

  2  Scholarship Program may also be eligible for educational fee

  3  waivers for workforce development postsecondary programs,

  4  community colleges, and universities, pursuant to s.

  5  1009.25(2)(c).

  6         2.  A young adult 18 to 21 years of age is eligible for

  7  the initial award, and a young adult under 23 years of age is

  8  eligible for renewal awards, if he or she:

  9         a.  Is a dependent child, pursuant to chapter 39, and

10  is living in licensed foster care or in subsidized independent

11  living at the time of his or her 18th birthday;

12         b.  Has spent at least 6 months living in foster care

13  before reaching his or her 18th birthday;

14         c.  Is a resident of this state as defined in s.

15  1009.40; and

16         d.  Meets one of the following qualifications:

17         (I)  Has earned a standard high school diploma or its

18  equivalent as described in s. 1003.425 or s. 1003.43 or s.

19  1003.435, and has been admitted for full-time enrollment in an

20  eligible postsecondary education institution as defined in s.

21  1009.533;

22         (II)  Is enrolled full time in an accredited high

23  school, is within 2 years of graduation, and has maintained a

24  grade point average of at least 2.0 on a scale of 4.0 for the

25  two semesters preceding the date of his or her 18th birthday;

26  or

27         (III)  Is enrolled full time in an accredited adult

28  education program designed to provide the student with a high

29  school diploma or its equivalent, is making satisfactory

30  progress in that program as certified by the program, and is

31  within 2 years of graduation.

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  1         3.a.  The department must advertise the availability of

  2  the program and must ensure that the children and young adults

  3  leaving foster care, foster parents, or family services

  4  counselors are informed of the availability of the program and

  5  the application procedures.

  6         b.  A young adult must apply for the initial award

  7  during the 6 months immediately preceding his or her 18th

  8  birthday. A young adult who fails to make an initial

  9  application, but who otherwise meets the criteria for an

10  initial award, may make one application for the initial award

11  if such application is made before the young adult's 21st

12  birthday.

13         c.  If funding for the program is available, the

14  department shall issue awards from the scholarship program for

15  each young adult who meets all the requirements of the

16  program.

17         d.  An award shall be issued at the time the eligible

18  student reaches 18 years of age.

19         e.  If the award recipient transfers from one eligible

20  institution to another and continues to meet eligibility

21  requirements, the award must be transferred with the

22  recipient.

23         f.  Scholarship funds awarded to any eligible young

24  adult under this program are in addition to any other services

25  provided to the young adult by the department through its

26  independent living transition services.

27         g.  The department shall provide information concerning

28  young adults receiving the Road-to-Independence Scholarship to

29  the Department of Education for inclusion in the student

30  financial assistance database, as provided in s. 1009.94.

31

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  1         h.  Scholarship funds shall be terminated when the

  2  young adult has attained a bachelor of arts or bachelor of

  3  science degree, or equivalent undergraduate degree, or reaches

  4  23 years of age, whichever occurs earlier.

  5         i.  The department shall evaluate and renew each award

  6  annually during the 90-day period before the young adult's

  7  birthday. In order to be eligible for a renewal award for the

  8  subsequent year, the young adult must:

  9         (I)  Complete at least 12 semester hours or the

10  equivalent in the last academic year in which the young adult

11  earned a scholarship, except for a young adult who meets the

12  requirements of s. 1009.41.

13         (II)  Maintain the cumulative grade point average

14  required by the scholarship program, except that, if the young

15  adult's grades are insufficient to renew the scholarship at

16  any time during the eligibility period, the young adult may

17  restore eligibility by improving the grade point average to

18  the required level.

19         j.  Scholarship funds may be terminated during the

20  interim between an award and the evaluation for a renewal

21  award if the department determines that the award recipient is

22  no longer enrolled in an educational institution as defined in

23  sub-subparagraph 2.d., or is no longer a state resident. The

24  department shall notify a student who is terminated and inform

25  the student of his or her right to appeal.

26         k.  An award recipient who does not qualify for a

27  renewal award or who chooses not to renew the award may

28  subsequently apply for reinstatement. An application for

29  reinstatement must be made before the young adult reaches 23

30  years of age, and a student may not apply for reinstatement

31  more than once. In order to be eligible for reinstatement, the

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  1  young adult must meet the eligibility criteria and the

  2  criteria for award renewal for the scholarship program.

  3         l.  A young adult receiving continued services of the

  4  foster care program under former s. 409.145(3) must transfer

  5  to the scholarship program by July 1, 2003.

  6         Section 8.  Subsections (4) and (5) of section

  7  445.0123, Florida Statutes, are amended to read:

  8         445.0123  Eligible postsecondary education

  9  institutions.--A student is eligible for an award or the

10  renewal of an award from the Careers for Florida's Future

11  Incentive Grant Program if the student meets the requirements

12  for the program as described in ss. 445.012-445.0125 and is

13  enrolled in a postsecondary education institution that meets

14  the description of any one of the following:

15         (4)  An independent postsecondary education institution

16  in this state which is licensed by the Commission for

17  Independent Education State Board of Independent Colleges and

18  Universities and which:

19         (a)  Shows evidence of sound financial condition; and

20         (b)  Has operated in this state for at least 3 years

21  without having its approval, accreditation, or license placed

22  on probation.

23         (5)  An independent postsecondary education institution

24  in this state which is licensed by the Commission for

25  Independent Education State Board of Nonpublic Career

26  Education and which:

27         (a)  Has a program-completion and placement rate of at

28  least the rate required by current state law, the Florida

29  Administrative Code, or the Department of Education for an

30  institution at its level;

31         (b)  Shows evidence of sound financial condition; and

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  1         (c)1.  Is accredited at the institutional level by an

  2  accrediting agency recognized by the United States Department

  3  of Education and has operated in this state for at least 3

  4  years during which there has been no complaint for which

  5  probable cause has been found; or

  6         2.  Has operated in this state for 5 years during which

  7  there has been no complaint for which probable cause has been

  8  found.

  9         Section 9.  Section 455.2125, Florida Statutes, is

10  amended to read:

11         455.2125  Consultation with postsecondary education

12  boards prior to adoption of changes to training

13  requirements.--Any state agency or board that has jurisdiction

14  over the regulation of a profession or occupation shall

15  consult with the Commission for Independent Education State

16  Board of Independent Colleges and Universities, the State

17  Board of Nonpublic Career Education, the Board of Regents, and

18  the State Board of Community Colleges prior to adopting any

19  changes to training requirements relating to entry into the

20  profession or occupation. This consultation must allow the

21  educational board to provide advice regarding the impact of

22  the proposed changes in terms of the length of time necessary

23  to complete the training program and the fiscal impact of the

24  changes. The educational board must be consulted only when an

25  institution offering the training program falls under its

26  jurisdiction.

27         Section 10.  Section 456.028, Florida Statutes, is

28  amended to read:

29         456.028  Consultation with postsecondary education

30  boards prior to adoption of changes to training

31  requirements.--Any state agency or board that has jurisdiction

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  1  over the regulation of a profession or occupation shall

  2  consult with the Commission for Independent Education State

  3  Board of Independent Colleges and Universities, the State

  4  Board of Nonpublic Career Education, the Board of Regents, and

  5  the State Board of Community Colleges prior to adopting any

  6  changes to training requirements relating to entry into the

  7  profession or occupation. This consultation must allow the

  8  educational board to provide advice regarding the impact of

  9  the proposed changes in terms of the length of time necessary

10  to complete the training program and the fiscal impact of the

11  changes. The educational board must be consulted only when an

12  institution offering the training program falls under its

13  jurisdiction.

14         Section 11.  Subsection (8) of section 467.009, Florida

15  Statutes, is amended to read:

16         467.009  Midwifery programs; education and training

17  requirements.--

18         (8)  Nonpublic educational institutions that conduct

19  approved midwifery programs shall be accredited by a member of

20  the Commission on Recognition of Postsecondary Accreditation

21  and shall be licensed by the Commission for Independent

22  Education State Board of Nonpublic Career Education.

23         Section 12.  Section 488.01, Florida Statutes, is

24  amended to read:

25         488.01  License to engage in business of operating a

26  driver's school required.--The Department of Highway Safety

27  and Motor Vehicles shall oversee and license all commercial

28  driver's schools except truck driving schools.  All commercial

29  truck driving schools shall be required to be licensed

30  pursuant to chapter 1005, and additionally shall be subject to

31  the provisions of ss. 488.04 and 488.05.  No person, group,

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  1  organization, institution, business entity, or corporate

  2  entity may engage in the business of operating a driver's

  3  school without first obtaining a license therefor from the

  4  Department of Highway Safety and Motor Vehicles pursuant to

  5  this chapter or from the Commission for Independent Education

  6  State Board of Nonpublic Career Education pursuant to chapter

  7  1005.

  8         Section 13.  Section 489.125, Florida Statutes, is

  9  amended to read:

10         489.125  Prequalification of certificateholders.--Any

11  person holding a certificate shall be prequalified to bid by a

12  district school board pursuant to uniform prequalification of

13  contractors criteria adopted by rule of the State Board

14  Commissioner of Education. This section does not supersede any

15  small, woman-owned or minority-owned business enterprise

16  preference program adopted by a district school board. A

17  district school board may not modify or supplement the uniform

18  prequalification criteria adopted by rule. A person holding a

19  certificate must apply to each board for prequalification

20  consideration.

21         Section 14.  Section 817.566, Florida Statutes, is

22  amended to read:

23         817.566  Misrepresentation of association with, or

24  academic standing at, postsecondary educational

25  institution.--Any person who, with intent to defraud,

26  misrepresents his or her association with, or academic

27  standing or other progress at, any postsecondary educational

28  institution by falsely making, altering, simulating, or

29  forging a document, degree, certificate, diploma, award,

30  record, letter, transcript, form, or other paper; or any

31  person who causes or procures such a misrepresentation; or any

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  1  person who utters and publishes or otherwise represents such a

  2  document, degree, certificate, diploma, award, record, letter,

  3  transcript, form, or other paper as true, knowing it to be

  4  false, is guilty of a misdemeanor of the first degree,

  5  punishable as provided in s. 775.082 or s. 775.083.

  6  Individuals who present a religious academic degree from any

  7  college, university, seminary, or institution that which is

  8  not licensed by the Commission for Independent Education State

  9  Board of Independent Colleges and Universities or that which

10  is not exempt pursuant to the provisions of s. 1005.06(1)(e)

11  s. 246.085 shall disclose the religious nature of the degree

12  upon presentation.

13         Section 15.  Subsection (1) of section 817.567, Florida

14  Statutes, is amended to read:

15         817.567  Making false claims of academic degree or

16  title.--

17         (1)  No person in the state may claim, either orally or

18  in writing, to possess an academic degree, as defined in s.

19  1005.02, or the title associated with said degree, unless the

20  person has, in fact, been awarded said degree from an

21  institution that is:

22         (a)  Accredited by a regional or professional

23  accrediting agency recognized by the United States Department

24  of Education or the Commission on Recognition of Postsecondary

25  Accreditation;

26         (b)  Provided, operated, and supported by a state

27  government or any of its political subdivisions or by the

28  Federal Government;

29         (c)  A school, institute, college, or university

30  chartered outside the United States, the academic degree from

31  which has been validated by an accrediting agency approved by

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  1  the United States Department of Education as equivalent to the

  2  baccalaureate or postbaccalaureate degree conferred by a

  3  regionally accredited college or university in the United

  4  States;

  5         (d)  Licensed by the Commission for Independent

  6  Education State Board of Independent Colleges and Universities

  7  pursuant to ss. 1005.01-1005.38 or exempt from licensure

  8  pursuant to s. 1005.06(1)(e) s. 246.085; or

  9         (e)  A religious seminary, institute, college, or

10  university which offers only educational programs that prepare

11  students for a religious vocation, career, occupation,

12  profession, or lifework, and the nomenclature of whose

13  certificates, diplomas, or degrees clearly identifies the

14  religious character of the educational program.

15         Section 16.  Paragraph (a) of subsection (1) of section

16  943.22, Florida Statutes, is amended to read:

17         943.22  Salary incentive program for full-time

18  officers.--

19         (1)  For the purpose of this section, the term:

20         (a)  "Accredited college, university, or community

21  college" means a college, university, or community college

22  which has been accredited by the Southern Association of

23  Colleges and Schools, another regional accrediting agency, or

24  the Accrediting Council Commission for Independent Colleges

25  and Schools.

26         Section 17.  Subsection (1) of section 1000.04, Florida

27  Statutes, is amended to read:

28         1000.04  Components for the delivery of public

29  education within the Florida K-20 education system.--Florida's

30  K-20 education system provides for the delivery of public

31  education through publicly supported and controlled K-12

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  1  schools, community colleges, state universities and other

  2  postsecondary educational institutions, other educational

  3  institutions, and other educational services as provided or

  4  authorized by the Constitution and laws of the state.

  5         (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools

  6  include charter schools and consist of kindergarten classes;

  7  elementary, middle, and high school grades and special

  8  classes; workforce development education; area technical

  9  centers; adult, part-time, career and technical, and evening

10  schools, courses, or classes, as authorized by law to be

11  operated under the control of district school boards; and lab

12  schools operated under the control of state universities.

13         Section 18.  Paragraph (a) of subsection (2) of section

14  1001.26, Florida Statutes, is amended to read:

15         1001.26  Public broadcasting program system.--

16         (2)(a)  The Department of Education is responsible for

17  implementing the provisions of this section pursuant to s.

18  282.102 part III of chapter 287 and may employ personnel,

19  acquire equipment and facilities, and perform all duties

20  necessary for carrying out the purposes and objectives of this

21  section.

22         Section 19.  Subsection (3) of section 1001.372,

23  Florida Statutes, is amended to read:

24         1001.372  District school board meetings.--

25         (3)  REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The

26  presiding officer of any district school board may order the

27  removal, from a public meeting held by the district school

28  board, of any person interfering with the expeditious or

29  orderly process of such meeting, provided such officer has

30  first issued a warning that continued interference with the

31  orderly processes of the meeting will result in removal.  Any

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  1  law enforcement authority or a sergeant-at-arms designated by

  2  the officer shall remove any person ordered removed pursuant

  3  to this subsection section.

  4         Section 20.  Paragraph (m) of subsection (4) of section

  5  1001.42, Florida Statutes, is amended to read:

  6         1001.42  Powers and duties of district school

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

  8  exercise all powers and perform all duties listed below:

  9         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

10  SCHOOLS.--Adopt and provide for the execution of plans for the

11  establishment, organization, and operation of the schools of

12  the district, including, but not limited to, the following:

13         (m)  Alternative education programs for students in

14  residential care facilities.--Provide, in accordance with the

15  provisions of s. 1003.58 chapter 1006, educational programs

16  according to rules of the State Board of Education to students

17  who reside in residential care facilities operated by the

18  Department of Children and Family Services.

19         Section 21.  Paragraph (f) of subsection (3) of section

20  1001.50, Florida Statutes, is amended to read:

21         1001.50  Superintendents employed under Art. IX of the

22  State Constitution.--

23         (3)  The district school board of each such district

24  shall pay to the district school superintendent a reasonable

25  annual salary. In determining the amount of compensation to be

26  paid, the board shall take into account such factors as:

27         (f)  The educational qualifications and, professional

28  experience, and age of the candidate for the position of

29  district school superintendent.

30         Section 22.  Subsection (8) of section 1001.74, Florida

31  Statutes, is amended to read:

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  1         1001.74  Powers and duties of university boards of

  2  trustees.--

  3         (8)  Each board of trustees is authorized to create

  4  divisions of sponsored research pursuant to the provisions of

  5  s. 1004.22 s. 1011.411 to serve the function of administration

  6  and promotion of the programs of research.

  7         Section 23.  Subsection (2) of section 1002.01, Florida

  8  Statutes, is amended to read:

  9         1002.01  Definitions.--

10         (2)  A "private school" is a nonpublic school defined

11  as an individual, association, copartnership, or corporation,

12  or department, division, or section of such organizations,

13  that designates itself as an educational center that includes

14  kindergarten or a higher grade or as an elementary, secondary,

15  business, technical, or trade school below college level or

16  any organization that provides instructional services that

17  meet the intent of s. 1003.01(13) s. 1003.01(14) or that gives

18  preemployment or supplementary training in technology or in

19  fields of trade or industry or that offers academic, literary,

20  or career and technical training below college level, or any

21  combination of the above, including an institution that

22  performs the functions of the above schools through

23  correspondence or extension, except those licensed under the

24  provisions of chapter 1005. A private school may be a

25  parochial, religious, denominational, for-profit, or nonprofit

26  school. This definition does not include home education

27  programs conducted in accordance with s. 1002.41.

28         Section 24.  Paragraph (a) of subsection (3) and

29  paragraph (a) of subsection (11) of section 1002.32, Florida

30  Statutes, are amended to read:

31         1002.32  Developmental research (laboratory) schools.--

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  1         (3)  MISSION.--The mission of a lab school shall be the

  2  provision of a vehicle for the conduct of research,

  3  demonstration, and evaluation regarding management, teaching,

  4  and learning. Programs to achieve the mission of a lab school

  5  shall embody the goals and standards established pursuant to

  6  ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate

  7  education for its students.

  8         (a)  Each lab school shall emphasize mathematics,

  9  science, computer science, and foreign languages. The primary

10  goal of a lab school is to enhance instruction and research in

11  such specialized subjects by using the resources available on

12  a state university campus, while also providing an education

13  in nonspecialized subjects. Each lab school shall provide

14  sequential elementary and secondary instruction where

15  appropriate. A lab school may not provide instruction at grade

16  levels higher than grade 12 without authorization from the

17  State Board of Education. Each lab developmental research

18  school shall develop and implement a school improvement plan

19  pursuant to s. 1003.02(3).

20         (11)  EXCEPTIONS TO LAW.--To encourage innovative

21  practices and facilitate the mission of the lab schools, in

22  addition to the exceptions to law specified in s. 1001.23(2),

23  the following exceptions shall be permitted for lab schools:

24         (a)  The methods and requirements of the following

25  statutes shall be held in abeyance:  ss. 316.75; 1001.30;

26  1001.31; 1001.32; 1001.33; 1001.34; 1001.35; 1001.36;

27  1001.361; 1001.362; 1001.363; 1001.37; 1001.371; 1001.372;

28  1001.38; 1001.39; 1001.395; 1001.40; 1001.41; 1001.44;

29  1001.453; 1001.46; 1001.461; 1001.462; 1001.463; 1001.464;

30  1001.47; 1001.48; 1001.49; 1001.50; 1001.51; 1006.12(1);

31  1006.21(3), (4); 1006.23; 1010.07(2); 1010.40; 1010.41;

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  1  1010.42; 1010.43; 1010.44; 1010.45; 1010.46; 1010.47; 1010.48;

  2  1010.49; 1010.50; 1010.51; 1010.52; 1010.53; 1010.54; 1010.55;

  3  1011.02(1)-(3), (5); 1011.04; 1011.20; 1011.21; 1011.22;

  4  1011.23; 1011.71; 1011.72; 1011.73; and 1011.74; and 1013.77.

  5         Section 25.  Paragraph (c) of subsection (21) of

  6  section 1002.33, Florida Statutes, is amended to read:

  7         1002.33  Charter schools.--

  8         (21)  SERVICES.--

  9         (c)  Transportation of charter school students shall be

10  provided by the charter school consistent with the

11  requirements of subpart I.e. of chapter 1006 and s. 1012.45.

12  The governing body of the charter school may provide

13  transportation through an agreement or contract with the

14  district school board, a private provider, or parents. The

15  charter school and the sponsor shall cooperate in making

16  arrangements that ensure that transportation is not a barrier

17  to equal access for all students residing within a reasonable

18  distance of the charter school as determined in its charter.

19         Section 26.  Subsection (14) of section 1002.42,

20  Florida Statutes, is amended to read:

21         1002.42  Private schools.--

22         (14)  BUS DRIVER TRAINING.--Private school bus drivers

23  may participate in a district school board's bus driver

24  training program, if the district school board makes the

25  program available pursuant to s. 1012.45(4) s. 1006.26.

26         Section 27.  Subsection (1) of section 1002.43, Florida

27  Statutes, is amended to read:

28         1002.43  Private tutoring programs.--

29         (1)  Regular attendance as defined in s. 1003.01(13) s.

30  1003.01(14) may be achieved by attendance in a private

31

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  1  tutoring program if the person tutoring the student meets the

  2  following requirements:

  3         (a)  Holds a valid Florida certificate to teach the

  4  subjects or grades in which instruction is given.

  5         (b)  Keeps all records and makes all reports required

  6  by the state and district school board and makes regular

  7  reports on the attendance of students in accordance with the

  8  provisions of s. 1003.23(2).

  9         (c)  Requires students to be in actual attendance for

10  the minimum length of time prescribed by s. 1011.60(2).

11         Section 28.  Subsection (5) of section 1004.24, Florida

12  Statutes, is amended to read:

13         1004.24  State Board of Education authorized to secure

14  liability insurance.--

15         (5)  Each self-insurance program council shall make

16  provision for an annual financial audit pursuant to s. 11.45

17  postaudit of its financial accounts to be conducted by an

18  independent certified public accountant. The annual audit

19  report must include a management letter and shall be submitted

20  to the State Board of Education for review. The State Board of

21  Education shall have the authority to require and receive from

22  the self-insurance program council or from its independent

23  auditor any detail or supplemental data relative to the

24  operation of the self-insurance program.

25         Section 29.  Subsection (5) of section 1004.26, Florida

26  Statutes, is amended to read:

27         1004.26  University student governments.--

28         (5)  Each student government is a part of the

29  university at which it is established. If an internal

30  procedure of the university student government is disapproved

31  by the university president under s. 229.0082(15), a member of

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  1  the university board of trustees may request a review of the

  2  disapproved procedure at the next meeting of the board of

  3  trustees.

  4         Section 30.  Paragraph (d) of subsection (3) of section

  5  1004.445, Florida Statutes, is amended to read:

  6         1004.445  Florida Alzheimer's Center and Research

  7  Institute.--

  8         (3)  The State Board of Education shall provide in the

  9  agreement with the not-for-profit corporation for the

10  following:

11         (d)  Preparation of an annual financial audit pursuant

12  to s. 11.45 postaudit of the not-for-profit corporation's

13  financial accounts and the financial accounts of any

14  subsidiaries to be conducted by an independent certified

15  public accountant. The annual audit report shall include

16  management letters and shall be submitted to the Auditor

17  General and the State Board of Education for review. The State

18  Board of Education, the Auditor General, and the Office of

19  Program Policy Analysis and Government Accountability shall

20  have the authority to require and receive from the

21  not-for-profit corporation and any subsidiaries, or from their

22  independent auditor, any detail or supplemental data relative

23  to the operation of the not-for-profit corporation or

24  subsidiary.

25         Section 31.  Subsection (1) of section 1005.04, Florida

26  Statutes, is amended to read:

27         1005.04  Fair consumer practices.--

28         (1)  Every institution that is under the jurisdiction

29  of the commission or is exempt from the jurisdiction or

30  purview of the commission pursuant to s. 1005.06(1)(c) or (f)

31

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  1  and that either directly or indirectly solicits for enrollment

  2  any student shall:

  3         (a)  Disclose to each prospective student a statement

  4  of the purpose of such institution, its educational programs

  5  and curricula, a description of its physical facilities, its

  6  status regarding licensure, its fee schedule and policies

  7  regarding retaining student fees if a student withdraws, and a

  8  statement regarding the transferability of credits to and from

  9  other institutions. The institution shall make the required

10  disclosures in writing at least 1 week prior to enrollment or

11  collection of any tuition from the prospective student. The

12  required disclosures may be made in the institution's current

13  catalog;.

14         (b)  Use a reliable method to assess, before accepting

15  a student into a program, the student's ability to complete

16  successfully the course of study for which he or she has

17  applied;

18         (c)  Inform each student accurately about financial

19  assistance and obligations for repayment of loans; describe

20  any employment placement services provided and the limitations

21  thereof; and refrain from promising or implying guaranteed

22  placement, market availability, or salary amounts;

23         (d)  Provide to prospective and enrolled students

24  accurate information regarding the relationship of its

25  programs to state licensure requirements for practicing

26  related occupations and professions in Florida;

27         (e)  Ensure that all advertisements are accurate and

28  not misleading;

29         (f)  Publish and follow an equitable prorated refund

30  policy for all students, and follow both the federal refund

31

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  1  guidelines for students receiving federal financial assistance

  2  and the minimum refund guidelines set by commission rule;

  3         (g)  Follow the requirements of state and federal laws

  4  that require annual reporting with respect to crime statistics

  5  and physical plant safety and make those reports available to

  6  the public; and

  7         (h)  Publish and follow procedures for handling student

  8  complaints, disciplinary actions, and appeals.

  9         Section 32.  Subsection (5) of section 1006.14, Florida

10  Statutes, is amended to read:

11         1006.14  Secret societies prohibited in public K-12

12  schools.--

13         (5)  It is unlawful for any student enrolled in any

14  public K-12 school to be a member of, to join or to become a

15  member of or to pledge himself or herself to become a member

16  of any secret fraternity, sorority, or group wholly or partly

17  formed from the membership of students attending public K-12

18  schools or to take part in the organization or formation of

19  any such fraternity, sorority, or secret society; provided

20  that this does not prevent any student from belonging to any

21  organization fostered and promoted by the school authorities,;

22  or approved and accepted by the school authorities and whose

23  membership is selected on the basis of good character, good

24  scholarship, leadership ability, and achievement.

25         Section 33.  Subsections (1) and (2) of section

26  1006.21, Florida Statutes, are amended to read:

27         1006.21  Duties of district school superintendent and

28  district school board regarding transportation.--

29         (1)  The district school superintendent shall ascertain

30  which students should be transported to school or to school

31  activities, determine the most effective arrangement of

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  1  transportation routes to accommodate these students; recommend

  2  such routing to the district school board; recommend plans and

  3  procedures for providing facilities for the economical and

  4  safe transportation of students; recommend such rules and

  5  regulations as may be necessary and see that all rules and

  6  regulations relating to the transportation of students

  7  approved by the district school board, as well as rules

  8  regulations of the State Board of Education, are properly

  9  carried into effect, as prescribed in this chapter.

10         (2)  After considering recommendations of the district

11  school superintendent, the district school board shall make

12  provision for the transportation of students to the public

13  schools or school activities they are required or expected to

14  attend; authorize transportation routes arranged efficiently

15  and economically; provide the necessary transportation

16  facilities, and, when authorized under rules of the State

17  Board of Education and if more economical to do so, provide

18  limited subsistence in lieu thereof; and adopt the necessary

19  rules and regulations to ensure safety, economy, and

20  efficiency in the operation of all buses, as prescribed in

21  this chapter.

22         Section 34.  Subsection (1) and paragraphs (a) and (b)

23  of subsection (2) of section 1007.21, Florida Statutes, are

24  amended to read:

25         1007.21  Readiness for postsecondary education and the

26  workplace.--

27         (1)  It is the intent of the Legislature that students

28  and parents set early achievement and career goals for the

29  student's post-high school experience. This section sets forth

30  a model which schools, through their school advisory councils,

31  may choose to implement to ensure that students are ready for

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  1  postsecondary education and the workplace. If such a program

  2  is adopted, students and their parents shall have the option

  3  of participating in this model to plan the student's secondary

  4  level course of study. Parents and students are to become

  5  partners with school personnel in educational choice. Clear

  6  academic course expectations shall be made available to all

  7  students by allowing both student and parent or guardian

  8  choice.

  9         (2)(a)  Students entering the 9th grade and their

10  parents shall be active participants in choosing an

11  end-of-high-school student destination based upon both student

12  and parent or guardian goals. Four or more destinations should

13  be available with bridges between destinations to enable

14  students to shift destinations should they choose to change

15  goals. The destinations shall accommodate the needs of

16  students served in exceptional education programs to the

17  extent appropriate for individual students. Exceptional

18  education students may continue to follow the courses outlined

19  in the district school board student progression plan.

20  Participating students and their parents shall choose among

21  destinations, which must include:

22         1.  Four-year college or university, community college

23  plus university, or military academy.

24         2.  Two-year postsecondary degree.

25         3.  Postsecondary career and technical certificate.

26         4.  Immediate employment or entry-level military.

27         (b)  The student progression model toward a chosen

28  destination shall include:

29         1.  A "path" of core courses leading to each of the

30  destinations provided in paragraph (a).

31

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  1         2.  A recommended group of electives which shall help

  2  define each path.

  3         3.  Provisions for a teacher, school administrator,

  4  other school staff member, or community volunteer to be

  5  assigned to a student as an "academic advocate" if parental or

  6  guardian involvement is lacking.

  7         Section 35.  Subsection (2) of section 1008.37, Florida

  8  Statutes, is amended to read:

  9         1008.37  Postsecondary feedback of information to high

10  schools.--

11         (2)  The Commissioner of Education shall report, by

12  high school, to the State Board of Education and the

13  Legislature, no later than November 30 November 31 of each

14  year, on the number of prior year Florida high school

15  graduates who enrolled for the first time in public

16  postsecondary education in this state during the previous

17  summer, fall, or spring term, indicating the number of

18  students whose scores on the common placement test indicated

19  the need for remediation through college-preparatory or

20  vocational-preparatory instruction pursuant to s. 1004.91 or

21  s. 1008.30.

22         Section 36.  Subsection (1) of section 1009.29, Florida

23  Statutes, is amended to read:

24         1009.29  Increased fees for funding financial aid

25  program.--

26         (1)  Student tuition and registration fees at each

27  state university and community college shall include up to

28  $4.68 per quarter, or $7.02 per semester, per full-time

29  student, or the per-student credit hour equivalents of such

30  amounts. The fees provided for by this section shall be

31  adjusted from time to time, as necessary, to comply with the

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  1  debt service coverage requirements of the student loan revenue

  2  bonds issued pursuant to s. 1009.79. If the Division of Bond

  3  Finance of the State Board of Administration Education and the

  4  Commissioner of Education determine that such fees are no

  5  longer required as security for revenue bonds issued pursuant

  6  to ss. 1009.78-1009.88, moneys previously collected pursuant

  7  to this section which are held in escrow, after administrative

  8  expenses have been met and up to $150,000 has been used to

  9  establish a financial aid data processing system for the state

10  universities incorporating the necessary features to meet the

11  needs of all 11 nine universities for application through

12  disbursement processing, shall be reallocated to the

13  generating institutions to be used for student financial aid

14  programs, including, but not limited to, scholarships and

15  grants for educational purposes. Upon such determination, such

16  fees shall no longer be assessed and collected.

17         Section 37.  Paragraph (b) of subsection (3) and

18  subsection (5) of section 1009.539, Florida Statutes, are

19  amended to read:

20         1009.539  Florida Bright Futures Scholarship Testing

21  Program.--

22         (3)

23         (b)  Notwithstanding the provisions of paragraph (a),

24  and for the 2002-2003 fiscal year only, initial award

25  recipients for the 2002-2003 academic year who are eligible

26  for a Florida Academic Scholars award or a Florida Medallion

27  Merit Scholars award and who are admitted to and enroll in a

28  community college or state university shall, prior to

29  registering for courses that may be earned through a CLEP

30  examination and no later than the end of the 2002-2003

31  academic year, complete at least five examinations from those

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  1  specified in subsection (1) in the following areas: English;

  2  humanities; mathematics; natural sciences; and social

  3  sciences. Successful completion of dual enrollment courses,

  4  Advanced Placement examinations, and International

  5  Baccalaureate examinations taken prior to high school

  6  graduation satisfy this requirement. The State Board of

  7  Education Articulation Coordinating Committee shall identify

  8  the examinations that satisfy each component of this

  9  requirement. This paragraph expires July 1, 2003.

10         (5)  The credit awarded pursuant to this section shall

11  apply toward the 120 hours of college credit required pursuant

12  to s. 1007.25(8) s. 1007.25(7).

13         Section 38.  Section 1010.75, Florida Statutes, is

14  amended to read:

15         1010.75  Teacher Certification Examination Trust

16  Fund.--The proceeds for the certification examination fee

17  levied pursuant to s. 1012.59 shall be remitted by the

18  Department of Education to the Treasurer for deposit into and

19  disbursed from for the "Teacher Certification Examination

20  Trust Fund" as re-created by chapter 99-28, Laws of Florida.

21         Section 39.  Subsection (2) of section 1011.60, Florida

22  Statutes, is amended to read:

23         1011.60  Minimum requirements of the Florida Education

24  Finance Program.--Each district which participates in the

25  state appropriations for the Florida Education Finance Program

26  shall provide evidence of its effort to maintain an adequate

27  school program throughout the district and shall meet at least

28  the following requirements:

29         (2)  MINIMUM TERM.--Operate all schools for a term of

30  at least 180 actual teaching days as prescribed in s.

31  1003.01(14) or the equivalent on an hourly basis as specified

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  1  by rules of the State Board of Education each school year. The

  2  State Board of Education may prescribe procedures for

  3  altering, and, upon written application, may alter, this

  4  requirement during a national, state, or local emergency as it

  5  may apply to an individual school or schools in any district

  6  or districts if, in the opinion of the board, it is not

  7  feasible to make up lost days, and the apportionment may, at

  8  the discretion of the Commissioner of Education and if the

  9  board determines that the reduction of school days is caused

10  by the existence of a bona fide emergency, be reduced for such

11  district or districts in proportion to the decrease in the

12  length of term in any such school or schools. A strike, as

13  defined in s. 447.203(6), by employees of the school district

14  may not be considered an emergency.

15         Section 40.  Paragraph (i) of subsection (1) of section

16  1011.62, Florida Statutes, is amended to read:

17         1011.62  Funds for operation of schools.--If the annual

18  allocation from the Florida Education Finance Program to each

19  district for operation of schools is not determined in the

20  annual appropriations act or the substantive bill implementing

21  the annual appropriations act, it shall be determined as

22  follows:

23         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

24  OPERATION.--The following procedure shall be followed in

25  determining the annual allocation to each district for

26  operation:

27         (i)  Calculation of full-time equivalent membership

28  with respect to instruction from community colleges or state

29  universities.--Students enrolled in community college or

30  university dual enrollment instruction pursuant to s. 1007.271

31  may be included in calculations of full-time equivalent

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  1  student memberships for basic programs for grades 9 through 12

  2  by a district school board. Such students may also be

  3  calculated as the proportional shares of full-time equivalent

  4  enrollments they generate for the community college or

  5  university conducting the dual enrollment instruction. Early

  6  admission students shall be considered dual enrollments for

  7  funding purposes. Students may be enrolled in dual enrollment

  8  instruction provided by an eligible independent college or

  9  university and may be included in calculations of full-time

10  equivalent student memberships for basic programs for grades 9

11  through 12 by a district school board. However, those

12  provisions of law which exempt dual enrolled and early

13  admission students from payment of instructional materials and

14  tuition and fees, including laboratory fees, shall not apply

15  to students who select the option of enrolling in an eligible

16  independent institution. An independent college or university

17  which is located and chartered in Florida, is not for profit,

18  is accredited by the Commission on Colleges of the Southern

19  Association of Colleges and Schools or the Accrediting Council

20  for Commission of the Association of Independent Colleges and

21  Schools, and which confers degrees as defined in s. 1005.02

22  shall be eligible for inclusion in the dual enrollment or

23  early admission program. Students enrolled in dual enrollment

24  instruction shall be exempt from the payment of tuition and

25  fees, including laboratory fees. No student enrolled in

26  college credit mathematics or English dual enrollment

27  instruction shall be funded as a dual enrollment unless the

28  student has successfully completed the relevant section of the

29  entry-level examination required pursuant to s. 1008.30.

30         Section 41.  Subsections (1) and (3) of section

31  1012.21, Florida Statutes, are amended to read:

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  1         1012.21  Department of Education duties; K-12

  2  personnel.--

  3         (1)  PERIODIC CRIMINAL HISTORY RECORD CHECKS.--In

  4  cooperation with the Florida Department of Law Enforcement,

  5  the department of Education may periodically perform criminal

  6  history record checks on individuals who hold a certificate

  7  pursuant to s. 1012.56 or s. 1012.57.

  8         (3)  SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE

  9  TO CHILD SUPPORT DELINQUENCY.--The department of Education

10  shall allow applicants for new or renewal certificates and

11  renewal certificateholders to be screened by the Title IV-D

12  child support agency pursuant to s. 409.2598 to assure

13  compliance with an obligation for support, as defined in s.

14  409.2554.  The purpose of this section is to promote the

15  public policy of this state as established in s. 409.2551.

16  The department shall, when directed by the court, deny the

17  application of any applicant found to have a delinquent

18  support obligation. The department shall issue or reinstate

19  the certificate without additional charge to the

20  certificateholder when notified by the court that the

21  certificateholder has complied with the terms of the court

22  order.  The department shall not be held liable for any

23  certificate denial or suspension resulting from the discharge

24  of its duties under this section.

25         Section 42.  Paragraph (a) of subsection (1) and

26  paragraph (a) of subsection (3) of section 1012.585, Florida

27  Statutes, are amended to read:

28         1012.585  Process for renewal of professional

29  certificates.--

30         (1)(a)  District school boards in this state shall

31  renew state-issued professional certificates as follows:

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  1         1.  Each district school board shall renew state-issued

  2  professional certificates for individuals who hold a

  3  professional certificate by this state and are employed by

  4  that district pursuant to criteria established in subsections

  5  (2), (3), and (4) and rules of the State Board of Education.

  6         2.  The employing school district may charge the

  7  individual an application fee not to exceed the amount charged

  8  by the Department of Education for such services, including

  9  associated late renewal fees.  Each district school board

10  shall transmit monthly to the department a fee in an amount

11  established by the State Board of Education for each renewed

12  certificate. The fee shall not exceed the actual cost for

13  maintenance and operation of the statewide certification

14  database and for the actual costs incurred in printing and

15  mailing such renewed certificates. As defined in current rules

16  of the state board, the department shall contribute a portion

17  of such fee for purposes of funding the Educator Recovery

18  Network established in s. 1012.798. The department shall

19  deposit all funds into the Educational Certification and

20  Service Trust Fund for use as specified in s. 1012.59.

21         (3)  For the renewal of a professional certificate, the

22  following requirements must be met:

23         (a)  The applicant must earn a minimum of 6 college

24  credits or 120 inservice points or a combination thereof. For

25  each area of specialization to be retained on a certificate,

26  the applicant must earn at least 3 of the required credit

27  hours or equivalent inservice points in the specialization

28  area. Education in "clinical educator" training pursuant to s.

29  1004.04(5)(b) and credits or points that provide training in

30  the area of exceptional student education, normal child

31  development, and the disorders of development may be applied

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  1  toward any specialization area. Credits or points that provide

  2  training in the areas of drug abuse, child abuse and neglect,

  3  strategies in teaching students having limited proficiency in

  4  English, or dropout prevention, or training in areas

  5  identified in the educational goals and performance standards

  6  adopted pursuant to ss. 1000.03(5) and 1008.345 1001.23 may be

  7  applied toward any specialization area. Credits or points

  8  earned through approved summer institutes may be applied

  9  toward the fulfillment of these requirements. Inservice points

10  may also be earned by participation in professional growth

11  components approved by the State Board of Education and

12  specified pursuant to s. 1012.98 in the district's approved

13  master plan for inservice educational training, including, but

14  not limited to, serving as a trainer in an approved teacher

15  training activity, serving on an instructional materials

16  committee or a state board or commission that deals with

17  educational issues, or serving on an advisory council created

18  pursuant to s. 1001.452.

19         Section 43.  Section 1012.62, Florida Statutes, is

20  amended to read:

21         1012.62  Transfer of sick leave and annual leave.--In

22  implementing the provisions of ss. 402.22(1)(d) and

23  1001.42(4)(m) 1001.42(4)(n), educational personnel in

24  Department of Children and Family Services residential care

25  facilities who are employed by a district school board may

26  request, and the district school board shall accept, a

27  lump-sum transfer of accumulated sick leave for such personnel

28  to the maximum allowed by policies of the district school

29  board, notwithstanding the provisions of s. 110.122.

30  Educational personnel in Department of Children and Family

31  Services residential care facilities who are employed by a

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  1  district school board under the provisions of s. 402.22(1)(d)

  2  may request, and the district school board shall accept, a

  3  lump-sum transfer of accumulated annual leave for each person

  4  employed by the district school board in a position in the

  5  district eligible to accrue vacation leave under policies of

  6  the district school board.

  7         Section 44.  Paragraphs (b) and (c) of subsection (2)

  8  of section 1012.74, Florida Statutes, are amended to read:

  9         1012.74  Florida educators professional liability

10  insurance protection.--

11         (2)

12         (b)  Educator professional liability coverage shall be

13  extended at cost to all instructional personnel, as defined by

14  s. 1012.01(2) s. 1012.01(3), who are part-time personnel, as

15  defined by the district school board policy, and choose to

16  participate in the state-provided program.

17         (c)  Educator professional liability coverage shall be

18  extended at cost to all administrative personnel, as defined

19  by s. 1012.01(3) s. 1012.01(2), who choose to participate in

20  the state-provided program.

21         Section 45.  Paragraph (b) of subsection (7) of section

22  1012.79, Florida Statutes, is amended to read:

23         1012.79  Education Practices Commission;

24  organization.--

25         (7)  The duties and responsibilities of the commission

26  are to:

27         (b)  Revoke or suspend a certificate or take other

28  appropriate action as provided in ss. 1012.795 ss. 1012.56 and

29  1012.796.

30         Section 46.  Subsection (2) of section 1012.795,

31  Florida Statutes, is amended to read:

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  1         1012.795  Education Practices Commission; authority to

  2  discipline.--

  3         (2)  The plea of guilty in any court, the decision of

  4  guilty by any court, the forfeiture by the teaching

  5  certificateholder of a bond in any court of law, or the

  6  written acknowledgment, duly witnessed, of offenses listed in

  7  subsection (1) to the district school superintendent or a duly

  8  appointed representative of such superintendent or to the

  9  district school board shall be prima facie proof of grounds

10  for revocation of the certificate as listed in subsection (1)

11  in the absence of proof by the certificateholder that the plea

12  of guilty, forfeiture of bond, or admission of guilt was

13  caused by threats, coercion, or fraudulent means.

14         Section 47.  Paragraph (c) of subsection (1) and

15  subsection (4) of section 1012.796, Florida Statutes, are

16  amended to read:

17         1012.796  Complaints against teachers and

18  administrators; procedure; penalties.--

19         (1)

20         (c)  Each school district shall file in writing with

21  the department all legally sufficient complaints within 30

22  days after the date on which subject matter of the complaint

23  comes to the attention of the school district. The school

24  district shall include all information relating to the

25  complaint which is known to the school district at the time of

26  filing. Each district school board shall develop policies and

27  procedures to comply with this reporting requirement. The

28  district school board policies and procedures shall include

29  appropriate penalties for all personnel of the district school

30  board for nonreporting and procedures for promptly informing

31  the district school superintendent of each legally sufficient

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  1  complaint. The district school superintendent is charged with

  2  knowledge of these policies and procedures.  If the district

  3  school superintendent has knowledge of a legally sufficient

  4  complaint and does not report the complaint, or fails to

  5  enforce the policies and procedures of the district school

  6  board, and fails to comply with the requirements of this

  7  subsection, in addition to other actions against

  8  certificateholders authorized by law, the district school

  9  superintendent shall be subject to penalties as specified in

10  s. 1001.51(12) s. 1001.51(13). This paragraph does not limit

11  or restrict the power and duty of the department to

12  investigate complaints as provided in paragraphs (a) and (b),

13  regardless of the school district's untimely filing, or

14  failure to file, complaints and followup reports.

15         (4)  The complaint and all information obtained

16  pursuant to the investigation by the department shall be

17  confidential and exempt from the provisions of s. 119.07(1)

18  until the conclusion of the preliminary investigation of the

19  complaint, until such time as the preliminary investigation

20  ceases to be active, or until such time as otherwise provided

21  by s. 1012.798(11) s. 1012.798(6). However, the complaint and

22  all material assembled during the investigation may be

23  inspected and copied by the certificateholder under

24  investigation, or the certificateholder's designee, after the

25  investigation is concluded, but prior to the determination of

26  probable cause by the commissioner. If the preliminary

27  investigation is concluded with the finding that there is no

28  probable cause to proceed, the complaint and information shall

29  be open thereafter to inspection pursuant to s. 119.07(1). If

30  the preliminary investigation is concluded with the finding

31  that there is probable cause to proceed and a complaint is

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  1  filed pursuant to subsection (6), the complaint and

  2  information shall be open thereafter to inspection pursuant to

  3  s. 119.07(1). If the preliminary investigation ceases to be

  4  active, the complaint and all such material shall be open

  5  thereafter to inspection pursuant to s. 119.07(1), except as

  6  otherwise provided pursuant to s. 1012.798(11) s. 1012.798(6).

  7  For the purpose of this subsection, a preliminary

  8  investigation shall be considered active as long as it is

  9  continuing with a reasonable, good faith anticipation that an

10  administrative finding will be made in the foreseeable future.

11         Section 48.  Paragraph (b) of subsection (4) of section

12  1012.98, Florida Statutes, is amended to read:

13         1012.98  School Community Professional Development

14  Act.--

15         (4)  The Department of Education, school districts,

16  schools, community colleges, and state universities share the

17  responsibilities described in this section. These

18  responsibilities include the following:

19         (b)  Each school district shall develop a professional

20  development system. The system shall be developed in

21  consultation with teachers and representatives of community

22  college and state university faculty, community agencies, and

23  other interested citizen groups to establish policy and

24  procedures to guide the operation of the district professional

25  development program.  The professional development system

26  must:

27         1.  Be approved by the department. All substantial

28  revisions to the system shall be submitted to the department

29  for review for continued approval.

30         2.  Require the use of student achievement data; school

31  discipline data; school environment surveys; assessments of

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  1  parental satisfaction; performance appraisal data of teachers,

  2  managers, and administrative personnel; and other performance

  3  indicators to identify school and student needs that can be

  4  met by improved professional performance.

  5         3.  Provide inservice activities coupled with followup

  6  support that are appropriate to accomplish district-level and

  7  school-level improvement goals and standards. The inservice

  8  activities for instructional personnel shall primarily focus

  9  on subject content and teaching methods, including technology,

10  as related to the Sunshine State Standards, assessment and

11  data analysis, classroom management, and school safety.

12         4.  Include a master plan for inservice activities,

13  pursuant to rules of the State Board of Education, for all

14  district employees from all fund sources. The master plan

15  shall be updated annually by September 1 using criteria for

16  continued approval as specified by rules of the State Board of

17  Education. Written verification that the inservice plan meets

18  all requirements of this section must be submitted annually to

19  the commissioner by October 1.

20         5.  Require each school principal to establish and

21  maintain an individual professional development plan for each

22  instructional employee assigned to the school. The individual

23  professional development plan must:

24         a.  Be related to specific performance data for the

25  students to whom the teacher is assigned.

26         b.  Define the inservice objectives and specific

27  measurable improvements expected in student performance as a

28  result of the inservice activity.

29         c.  Include an evaluation component that determines the

30  effectiveness of the professional development plan.

31

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  1         6.  Include inservice activities for school

  2  administrative personnel that address updated skills necessary

  3  for effective school management and instructional leadership.

  4         7.  Provide for systematic consultation with regional

  5  and state personnel designated to provide technical assistance

  6  and evaluation of local professional development programs.

  7         8.  Provide for delivery of professional development by

  8  distance learning and other technology-based delivery systems

  9  to reach more educators at lower costs.

10         9.  Provide for the continuous evaluation of the

11  quality and effectiveness of professional development programs

12  in order to eliminate ineffective programs and strategies and

13  to expand effective ones. Evaluations must consider the impact

14  of such activities on the performance of participating

15  educators and their students' achievement and behavior.

16         Section 49.  Subsection (6) of section 1013.73, Florida

17  Statutes, is amended to read:

18         1013.73  Effort index grants for school district

19  facilities.--

20         (6)  A school district may receive a distribution for

21  use pursuant to paragraph (3)(a) only if the district school

22  board certifies to the Commissioner of Education that the

23  district has no unmet need for permanent classroom facilities

24  in its 5-year capital outlay work plan. If the work plan

25  contains such unmet needs, the district must use its

26  distribution for the payment of bonds under paragraph (3)(b)

27  (2)(b). If the district does not require its full bonded

28  distribution to eliminate such unmet needs, it may bond only

29  that portion of its allocation necessary to meet the needs.

30         Section 50.  Subsection (1) of section 1013.74, Florida

31  Statutes, is amended to read:

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  1         1013.74  University authorization for fixed capital

  2  outlay projects.--

  3         (1)  Notwithstanding the provisions of chapter 216,

  4  including s. 216.351, a university may accomplish fixed

  5  capital outlay projects consistent with the provisions of this

  6  section. Projects authorized by this section shall not require

  7  educational plant survey approval as prescribed in this

  8  chapter 235.

  9         Section 51.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          SENATE SUMMARY

14    Revises a broad variety of provisions dealing with
      education, including correcting entity names and
15    correcting statutory cross-references. (See bill for
      details.)
16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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