Senate Bill sb1772
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Florida Senate - 2003 SB 1772
By the Committee on Education
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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
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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.)
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