Senate Bill sb1772c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
By the Committee on Education
304-1937-03
1 A bill to be entitled
2 An act relating to education; amending s.
3 24.121, F.S.; correcting a cross-reference;
4 amending s. 212.055, F.S.; eliminating
5 references to the Florida Frugal Schools
6 Program; amending s. 216.136, F.S.; eliminating
7 reference to an obsolete board; providing that
8 the executive director of the Commission for
9 Independent Education is a member of the
10 Workforce Estimating Conference; amending s.
11 316.615, F.S.; revising provisions relating to
12 rulemaking with respect to school bus
13 operation; amending s. 402.305, F.S.; revising
14 provisions relating to rules with respect to
15 child care facilities; amending s. 409.1451,
16 F.S.; correcting a cross-reference; amending s.
17 445.0123, F.S.; eliminating a reference to
18 State Board of Independent Colleges and
19 Universities; prescribing duties of the
20 Commission for Independent Education with
21 respect to determining eligibility for certain
22 students; amending s. 455.2125, F.S.;
23 eliminating a reference to the State Board of
24 Independent Colleges and Universities and the
25 State Board of Nonpublic Career Education;
26 requiring certain entities to consult with the
27 Commission for Independent Education; amending
28 s. 456.028, F.S.; eliminating a reference to
29 the State Board of Independent Colleges and
30 Universities and the State Board of Nonpublic
31 Career Education; requiring certain entities to
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 consult with the Commission for Independent
2 Education; amending s. 467.009, F.S.;
3 transferring certain duties from the authority
4 of the State Board of Nonpublic Career
5 Education to the Commission for Independent
6 Education; amending s. 488.01, F.S.;
7 transferring certain duties from the State
8 Board of Nonpublic Career Education to the
9 Commission for Independent Education; amending
10 s. 489.125, F.S.; eliminating a reference to
11 the Commissioner of Education; providing
12 rulemaking authority of the State Board of
13 Education; amending s. 817.566, F.S.;
14 correcting a cross-reference; transferring
15 certain duties from the State Board of
16 Independent Colleges and Universities to the
17 Commission for Independent Education; amending
18 s. 817.567, F.S.; correcting a cross-reference;
19 transferring certain duties from the State
20 Board of Independent Colleges and Universities
21 to the Commission for Independent Education;
22 amending s. 943.22, F.S.; replacing a reference
23 to the Accrediting Commission for Independent
24 Colleges to one for the Accrediting Council for
25 Independent Colleges and Schools; amending s.
26 1000.04, F.S.; correcting terminology; amending
27 s. 1001.26, F.S.; correcting a cross-reference;
28 amending s. 1001.372, F.S.; correcting an
29 internal reference; amending s. 1001.42, F.S.;
30 correcting a cross-reference; amending s.
31 1001.50, F.S.; eliminating age as a criterion
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 of compensation for district school
2 superintendents; amending s. 1001.74, F.S.;
3 correcting a cross-reference; amending s.
4 1002.01, F.S.; correcting a cross-reference;
5 amending s. 1002.32, F.S.; redesignating a
6 developmental research school as a "lab"
7 school; deleting a cross-reference; amending s.
8 1002.33, F.S.; requiring compliance with s.
9 1012.45, F.S., for transportation of charter
10 school students; amending s. 1002.42, F.S.;
11 correcting a cross-reference; amending s.
12 1002.43, F.S.; correcting a cross-reference;
13 amending s. 1003.63, F.S.; eliminating the
14 authority of the State Board of Education to
15 waive law; amending s. 1004.24, F.S.;
16 eliminating an obsolete reference to postaudits
17 of financial accounts; providing for financial
18 audit 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,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
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. 1009.531,
5 F.S.; correcting an error in grammar; amending
6 s. 1009.534, F.S.; revising provisions relating
7 to rules concerning the Florida Academic
8 Scholars award; amending s. 1009.535, F.S.;
9 revising provisions relating to rules
10 concerning the Florida Medallion Scholars
11 award; amending s. 1009.539, F.S.;
12 redesignating the Florida Merit Scholars award
13 as the Florida Medallion Scholars award;
14 transferring certain duties of the Articulation
15 Coordinating Committee to the State Board of
16 Education; correcting a cross-reference;
17 amending s. 1009.765, F.S.; revising provisions
18 relating to rules concerning the Ethics in
19 Business scholarships; amending s. 1009.77,
20 F.S.; revising provisions relating to rules
21 concerning the Florida Work Experience Program;
22 amending s. 1010.75, F.S.; providing that fees
23 be remitted for disbursement from the Teacher
24 Certification Examination Trust Fund; amending
25 s. 1011.60, F.S.; deleting a cross-reference;
26 amending s. 1011.62, F.S.; redesignating the
27 Accrediting Commission of the Association of
28 Independent Colleges and Schools as the
29 Accrediting Council for Independent Colleges
30 and Schools; amending s. 1012.21, F.S.;
31 correcting a reference to the Department of
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 Education; amending s. 1012.585, F.S.;
2 correcting the name of a trust fund; correcting
3 a cross-reference; amending s. 1012.62, F.S.;
4 correcting a cross-reference; amending s.
5 1012.74, F.S.; correcting cross-references;
6 amending s. 1012.79, F.S.; correcting a
7 cross-reference; amending s. 1012.795, F.S.;
8 designating the appointed representative of a
9 district school superintendent to receive
10 certain records concerning certain offenses;
11 amending s. 1012.796, F.S.; correcting
12 cross-references; amending s. 1012.98, F.S.;
13 requiring consultation with state university
14 faculty; amending 1013.73, F.S.; correcting a
15 cross-reference; amending s. 1013.74, F.S.;
16 eliminating an obsolete cross-reference;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (d) of subsection (5) of section
22 24.121, Florida Statutes, is amended to read:
23 24.121 Allocation of revenues and expenditure of funds
24 for public education.--
25 (5)
26 (d) No funds shall be released for any purpose from
27 the Educational Enhancement Trust Fund to any school district
28 in which one or more schools do not have an approved school
29 improvement plan pursuant to s. 1001.42(16) or do not comply
30 with school advisory council membership composition
31 requirements pursuant to s. 1001.452(1) s. 229.58(1).
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 Effective July 1, 2002, the Commissioner of Education shall
2 withhold disbursements from the trust fund to any school
3 district that fails to adopt the performance-based salary
4 schedule required by s. 1012.22(1).
5 Section 2. Paragraphs (b) and (c) of subsection (6) of
6 section 212.055, Florida Statutes, are amended to read:
7 212.055 Discretionary sales surtaxes; legislative
8 intent; authorization and use of proceeds.--It is the
9 legislative intent that any authorization for imposition of a
10 discretionary sales surtax shall be published in the Florida
11 Statutes as a subsection of this section, irrespective of the
12 duration of the levy. Each enactment shall specify the types
13 of counties authorized to levy; the rate or rates which may be
14 imposed; the maximum length of time the surtax may be imposed,
15 if any; the procedure which must be followed to secure voter
16 approval, if required; the purpose for which the proceeds may
17 be expended; and such other requirements as the Legislature
18 may provide. Taxable transactions and administrative
19 procedures shall be as provided in s. 212.054.
20 (6) SCHOOL CAPITAL OUTLAY SURTAX.--
21 (b) The resolution shall include a statement that
22 provides a brief and general description of the school capital
23 outlay projects to be funded by the surtax. If applicable, the
24 resolution must state that the district school board has been
25 recognized by the State Board of Education as having a Florida
26 Frugal Schools Program. The statement shall conform to the
27 requirements of s. 101.161 and shall be placed on the ballot
28 by the governing body of the county. The following question
29 shall be placed on the ballot:
30
31 ....FOR THE ....CENTS TAX
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 ....AGAINST THE ....CENTS TAX
2
3 (c) The resolution providing for the imposition of the
4 surtax shall set forth a plan for use of the surtax proceeds
5 for fixed capital expenditures or fixed capital costs
6 associated with the construction, reconstruction, or
7 improvement of school facilities and campuses which have a
8 useful life expectancy of 5 or more years, and any land
9 acquisition, land improvement, design, and engineering costs
10 related thereto. Additionally, the plan shall include the
11 costs of retrofitting and providing for technology
12 implementation, including hardware and software, for the
13 various sites within the school district. Surtax revenues may
14 be used for the purpose of servicing bond indebtedness to
15 finance projects authorized by this subsection, and any
16 interest accrued thereto may be held in trust to finance such
17 projects. Neither the proceeds of the surtax nor any interest
18 accrued thereto shall be used for operational expenses. If the
19 district school board has been recognized by the State Board
20 of Education as having a Florida Frugal Schools Program, the
21 district's plan for use of the surtax proceeds must be
22 consistent with this subsection and with uses assured under
23 the Florida Frugal Schools Program.
24 Section 3. Paragraph (b) of subsection (9) of section
25 216.136, Florida Statutes, is amended to read:
26 216.136 Consensus estimating conferences; duties and
27 principals.--
28 (9) WORKFORCE ESTIMATING CONFERENCE.--
29 (b) Principals.--The Commissioner of Education, the
30 Executive Office of the Governor, the director of the Office
31 of Tourism, Trade, and Economic Development, the director of
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 the Agency for Workforce Innovation, the Chancellor of the
2 State University System, the Executive Director of the State
3 Board of Community Colleges, the Executive Director chair of
4 the Commission for Independent Education State Board of
5 Nonpublic Career Education, the chair of Workforce Florida,
6 Inc., the coordinator of the Office of Economic and
7 Demographic Research, or their designees, and professional
8 staff from the Senate and the House of Representatives who
9 have forecasting and substantive expertise, are the principals
10 of the Workforce Estimating Conference. In addition to the
11 designated principals of the conference, nonprincipal
12 participants of the conference shall include a representative
13 of the Florida Chamber of Commerce and other interested
14 parties. The principal representing the Executive Office of
15 the Governor shall preside over the sessions of the
16 conference.
17 Section 4. Subsection (3) of section 316.615, Florida
18 Statutes, is amended to read:
19 316.615 School buses; physical requirements of
20 drivers.--
21 (3) A person may not operate or cause to be operated a
22 motor vehicle covered by subsection (1) or subsection (2) when
23 transporting school children unless the operator has met the
24 physical examination requirements established by law and by
25 rule of the State Board of Education adopted by the
26 Commissioner of Education. The operator of such a motor
27 vehicle shall pass an annual physical examination and have
28 posted in the vehicle a certificate to drive the vehicle.
29 Section 5. Paragraph (b) of subsection (1), subsection
30 (5), and paragraph (b) of subsection (7) of section 402.305,
31 Florida Statutes, are amended to read:
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 402.305 Licensing standards; child care facilities.--
2 (1) LICENSING STANDARDS.--The department shall
3 establish licensing standards that each licensed child care
4 facility must meet regardless of the origin or source of the
5 fees used to operate the facility or the type of children
6 served by the facility.
7 (b) All standards established under ss.
8 402.301-402.319 must be consistent with the rules adopted by
9 the State Fire Marshal for child care facilities. However, if
10 the facility is operated in a public school, the department
11 shall use the public school fire code, as provided in the
12 rules of the State Board Department of Education, as the
13 minimum standard for firesafety.
14 (5) PHYSICAL FACILITIES.--Minimum standards shall
15 include requirements for building conditions, indoor play
16 space, outdoor play space, napping space, bathroom facilities,
17 food preparation facilities, outdoor equipment, and indoor
18 equipment. Because of the nature and duration of drop-in child
19 care, outdoor play space and outdoor equipment shall not be
20 required for licensure; however, if such play space and
21 equipment are provided, then the minimum standards shall apply
22 to drop-in child care. With respect to minimum standards for
23 physical facilities of a child care program for school-age
24 children which is operated in a public school facility, the
25 department shall adopt the State Uniform Building Code for
26 Public Educational Facilities Construction as the minimum
27 standards, regardless of the operator of the program. The
28 Legislature intends that if a child care program for
29 school-age children is operated in a public school, the
30 program need not conform to standards for physical facilities
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 other than the standards adopted by the State Board
2 Commissioner of Education.
3 (7) SANITATION AND SAFETY.--
4 (b) In the case of a child care program for school-age
5 children attending before and after school programs on the
6 public school site, the department shall use the public school
7 fire code, as adopted promulgated in the rules of the State
8 Board Department of Education, as the minimum standard for
9 firesafety. In the case of a child care program for
10 school-age children attending before-school and after-school
11 programs on a site operated by a municipality, the department
12 shall adopt rules for such site and intended use.
13 Section 6. Paragraph (b) of subsection (5) of section
14 409.1451, Florida Statutes, is amended to read:
15 409.1451 Independent living transition services.--
16 (5) PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
17 FORMERLY IN FOSTER CARE.--Based on the availability of funds,
18 the department shall provide or arrange for the following
19 services to young adults formerly in foster care who meet the
20 prescribed conditions and are determined eligible by the
21 department. The categories of services available to assist a
22 young adult formerly in foster care to achieve independence
23 are:
24 (b) Road-to-Independence Scholarship Program.--
25 1. The Road-to-Independence Scholarship Program is
26 intended to help eligible students who are former foster
27 children in this state to receive the educational and
28 vocational training needed to achieve independence. The amount
29 of the award shall equal the earnings that the student would
30 have been eligible to earn working a 40-hour-a-week federal
31 minimum wage job, after considering other grants and
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 scholarships that are in excess of the educational
2 institutions' fees and costs, and contingent upon available
3 funds. Students eligible for the Road-to-Independence
4 Scholarship Program may also be eligible for educational fee
5 waivers for workforce development postsecondary programs,
6 community colleges, and universities, pursuant to s.
7 1009.25(2)(c).
8 2. A young adult 18 to 21 years of age is eligible for
9 the initial award, and a young adult under 23 years of age is
10 eligible for renewal awards, if he or she:
11 a. Is a dependent child, pursuant to chapter 39, and
12 is living in licensed foster care or in subsidized independent
13 living at the time of his or her 18th birthday;
14 b. Has spent at least 6 months living in foster care
15 before reaching his or her 18th birthday;
16 c. Is a resident of this state as defined in s.
17 1009.40; and
18 d. Meets one of the following qualifications:
19 (I) Has earned a standard high school diploma or its
20 equivalent as described in s. 1003.425 or s. 1003.43 or s.
21 1003.435, and has been admitted for full-time enrollment in an
22 eligible postsecondary education institution as defined in s.
23 1009.533;
24 (II) Is enrolled full time in an accredited high
25 school, is within 2 years of graduation, and has maintained a
26 grade point average of at least 2.0 on a scale of 4.0 for the
27 two semesters preceding the date of his or her 18th birthday;
28 or
29 (III) Is enrolled full time in an accredited adult
30 education program designed to provide the student with a high
31 school diploma or its equivalent, is making satisfactory
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 progress in that program as certified by the program, and is
2 within 2 years of graduation.
3 3.a. The department must advertise the availability of
4 the program and must ensure that the children and young adults
5 leaving foster care, foster parents, or family services
6 counselors are informed of the availability of the program and
7 the application procedures.
8 b. A young adult must apply for the initial award
9 during the 6 months immediately preceding his or her 18th
10 birthday. A young adult who fails to make an initial
11 application, but who otherwise meets the criteria for an
12 initial award, may make one application for the initial award
13 if such application is made before the young adult's 21st
14 birthday.
15 c. If funding for the program is available, the
16 department shall issue awards from the scholarship program for
17 each young adult who meets all the requirements of the
18 program.
19 d. An award shall be issued at the time the eligible
20 student reaches 18 years of age.
21 e. If the award recipient transfers from one eligible
22 institution to another and continues to meet eligibility
23 requirements, the award must be transferred with the
24 recipient.
25 f. Scholarship funds awarded to any eligible young
26 adult under this program are in addition to any other services
27 provided to the young adult by the department through its
28 independent living transition services.
29 g. The department shall provide information concerning
30 young adults receiving the Road-to-Independence Scholarship to
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 the Department of Education for inclusion in the student
2 financial assistance database, as provided in s. 1009.94.
3 h. Scholarship funds shall be terminated when the
4 young adult has attained a bachelor of arts or bachelor of
5 science degree, or equivalent undergraduate degree, or reaches
6 23 years of age, whichever occurs earlier.
7 i. The department shall evaluate and renew each award
8 annually during the 90-day period before the young adult's
9 birthday. In order to be eligible for a renewal award for the
10 subsequent year, the young adult must:
11 (I) Complete at least 12 semester hours or the
12 equivalent in the last academic year in which the young adult
13 earned a scholarship, except for a young adult who meets the
14 requirements of s. 1009.41.
15 (II) Maintain the cumulative grade point average
16 required by the scholarship program, except that, if the young
17 adult's grades are insufficient to renew the scholarship at
18 any time during the eligibility period, the young adult may
19 restore eligibility by improving the grade point average to
20 the required level.
21 j. Scholarship funds may be terminated during the
22 interim between an award and the evaluation for a renewal
23 award if the department determines that the award recipient is
24 no longer enrolled in an educational institution as defined in
25 sub-subparagraph 2.d., or is no longer a state resident. The
26 department shall notify a student who is terminated and inform
27 the student of his or her right to appeal.
28 k. An award recipient who does not qualify for a
29 renewal award or who chooses not to renew the award may
30 subsequently apply for reinstatement. An application for
31 reinstatement must be made before the young adult reaches 23
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 years of age, and a student may not apply for reinstatement
2 more than once. In order to be eligible for reinstatement, the
3 young adult must meet the eligibility criteria and the
4 criteria for award renewal for the scholarship program.
5 l. A young adult receiving continued services of the
6 foster care program under former s. 409.145(3) must transfer
7 to the scholarship program by July 1, 2003.
8 Section 7. Subsections (4) and (5) of section
9 445.0123, Florida Statutes, are amended to read:
10 445.0123 Eligible postsecondary education
11 institutions.--A student is eligible for an award or the
12 renewal of an award from the Careers for Florida's Future
13 Incentive Grant Program if the student meets the requirements
14 for the program as described in ss. 445.012-445.0125 and is
15 enrolled in a postsecondary education institution that meets
16 the description of any one of the following:
17 (4) An independent postsecondary education institution
18 in this state which is licensed by the Commission for
19 Independent Education State Board of Independent Colleges and
20 Universities and which:
21 (a) Shows evidence of sound financial condition; and
22 (b) Has operated in this state for at least 3 years
23 without having its approval, accreditation, or license placed
24 on probation.
25 (5) An independent postsecondary education institution
26 in this state which is licensed by the Commission for
27 Independent Education State Board of Nonpublic Career
28 Education and which:
29 (a) Has a program-completion and placement rate of at
30 least the rate required by current state law, the Florida
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 Administrative Code, or the Department of Education for an
2 institution at its level;
3 (b) Shows evidence of sound financial condition; and
4 (c)1. Is accredited at the institutional level by an
5 accrediting agency recognized by the United States Department
6 of Education and has operated in this state for at least 3
7 years during which there has been no complaint for which
8 probable cause has been found; or
9 2. Has operated in this state for 5 years during which
10 there has been no complaint for which probable cause has been
11 found.
12 Section 8. Section 455.2125, Florida Statutes, is
13 amended to read:
14 455.2125 Consultation with postsecondary education
15 boards prior to adoption of changes to training
16 requirements.--Any state agency or board that has jurisdiction
17 over the regulation of a profession or occupation shall
18 consult with the Commission for Independent Education State
19 Board of Independent Colleges and Universities, the State
20 Board of Nonpublic Career Education, the Board of Regents, and
21 the State Board of Community Colleges prior to adopting any
22 changes to training requirements relating to entry into the
23 profession or occupation. This consultation must allow the
24 educational board to provide advice regarding the impact of
25 the proposed changes in terms of the length of time necessary
26 to complete the training program and the fiscal impact of the
27 changes. The educational board must be consulted only when an
28 institution offering the training program falls under its
29 jurisdiction.
30 Section 9. Section 456.028, Florida Statutes, is
31 amended to read:
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 456.028 Consultation with postsecondary education
2 boards prior to adoption of changes to training
3 requirements.--Any state agency or board that has jurisdiction
4 over the regulation of a profession or occupation shall
5 consult with the Commission for Independent Education State
6 Board of Independent Colleges and Universities, the State
7 Board of Nonpublic Career Education, the Board of Regents, and
8 the State Board of Community Colleges prior to adopting any
9 changes to training requirements relating to entry into the
10 profession or occupation. This consultation must allow the
11 educational board to provide advice regarding the impact of
12 the proposed changes in terms of the length of time necessary
13 to complete the training program and the fiscal impact of the
14 changes. The educational board must be consulted only when an
15 institution offering the training program falls under its
16 jurisdiction.
17 Section 10. Subsection (8) of section 467.009, Florida
18 Statutes, is amended to read:
19 467.009 Midwifery programs; education and training
20 requirements.--
21 (8) Nonpublic educational institutions that conduct
22 approved midwifery programs shall be accredited by a member of
23 the Commission on Recognition of Postsecondary Accreditation
24 and shall be licensed by the Commission for Independent
25 Education State Board of Nonpublic Career Education.
26 Section 11. Section 488.01, Florida Statutes, is
27 amended to read:
28 488.01 License to engage in business of operating a
29 driver's school required.--The Department of Highway Safety
30 and Motor Vehicles shall oversee and license all commercial
31 driver's schools except truck driving schools. All commercial
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 truck driving schools shall be required to be licensed
2 pursuant to chapter 1005, and additionally shall be subject to
3 the provisions of ss. 488.04 and 488.05. No person, group,
4 organization, institution, business entity, or corporate
5 entity may engage in the business of operating a driver's
6 school without first obtaining a license therefor from the
7 Department of Highway Safety and Motor Vehicles pursuant to
8 this chapter or from the Commission for Independent Education
9 State Board of Nonpublic Career Education pursuant to chapter
10 1005.
11 Section 12. Section 489.125, Florida Statutes, is
12 amended to read:
13 489.125 Prequalification of certificateholders.--Any
14 person holding a certificate shall be prequalified to bid by a
15 district school board pursuant to uniform prequalification of
16 contractors criteria adopted by rule of the State Board
17 Commissioner of Education. This section does not supersede any
18 small, woman-owned or minority-owned business enterprise
19 preference program adopted by a district school board. A
20 district school board may not modify or supplement the uniform
21 prequalification criteria adopted by rule. A person holding a
22 certificate must apply to each board for prequalification
23 consideration.
24 Section 13. Section 817.566, Florida Statutes, is
25 amended to read:
26 817.566 Misrepresentation of association with, or
27 academic standing at, postsecondary educational
28 institution.--Any person who, with intent to defraud,
29 misrepresents his or her association with, or academic
30 standing or other progress at, any postsecondary educational
31 institution by falsely making, altering, simulating, or
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 forging a document, degree, certificate, diploma, award,
2 record, letter, transcript, form, or other paper; or any
3 person who causes or procures such a misrepresentation; or any
4 person who utters and publishes or otherwise represents such a
5 document, degree, certificate, diploma, award, record, letter,
6 transcript, form, or other paper as true, knowing it to be
7 false, is guilty of a misdemeanor of the first degree,
8 punishable as provided in s. 775.082 or s. 775.083.
9 Individuals who present a religious academic degree from any
10 college, university, seminary, or institution that which is
11 not licensed by the Commission for Independent Education State
12 Board of Independent Colleges and Universities or that which
13 is not exempt pursuant to the provisions of s. 1005.06(1)(e)
14 s. 246.085 shall disclose the religious nature of the degree
15 upon presentation.
16 Section 14. Subsection (1) of section 817.567, Florida
17 Statutes, is amended to read:
18 817.567 Making false claims of academic degree or
19 title.--
20 (1) No person in the state may claim, either orally or
21 in writing, to possess an academic degree, as defined in s.
22 1005.02, or the title associated with said degree, unless the
23 person has, in fact, been awarded said degree from an
24 institution that is:
25 (a) Accredited by a regional or professional
26 accrediting agency recognized by the United States Department
27 of Education or the Commission on Recognition of Postsecondary
28 Accreditation;
29 (b) Provided, operated, and supported by a state
30 government or any of its political subdivisions or by the
31 Federal Government;
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 (c) A school, institute, college, or university
2 chartered outside the United States, the academic degree from
3 which has been validated by an accrediting agency approved by
4 the United States Department of Education as equivalent to the
5 baccalaureate or postbaccalaureate degree conferred by a
6 regionally accredited college or university in the United
7 States;
8 (d) Licensed by the Commission for Independent
9 Education State Board of Independent Colleges and Universities
10 pursuant to ss. 1005.01-1005.38 or exempt from licensure
11 pursuant to s. 1005.06(1)(e) s. 246.085; or
12 (e) A religious seminary, institute, college, or
13 university which offers only educational programs that prepare
14 students for a religious vocation, career, occupation,
15 profession, or lifework, and the nomenclature of whose
16 certificates, diplomas, or degrees clearly identifies the
17 religious character of the educational program.
18 Section 15. Paragraph (a) of subsection (1) of section
19 943.22, Florida Statutes, is amended to read:
20 943.22 Salary incentive program for full-time
21 officers.--
22 (1) For the purpose of this section, the term:
23 (a) "Accredited college, university, or community
24 college" means a college, university, or community college
25 which has been accredited by the Southern Association of
26 Colleges and Schools, another regional accrediting agency, or
27 the Accrediting Council Commission for Independent Colleges
28 and Schools.
29 Section 16. Subsection (1) of section 1000.04, Florida
30 Statutes, is amended to read:
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 1000.04 Components for the delivery of public
2 education within the Florida K-20 education system.--Florida's
3 K-20 education system provides for the delivery of public
4 education through publicly supported and controlled K-12
5 schools, community colleges, state universities and other
6 postsecondary educational institutions, other educational
7 institutions, and other educational services as provided or
8 authorized by the Constitution and laws of the state.
9 (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools
10 include charter schools and consist of kindergarten classes;
11 elementary, middle, and high school grades and special
12 classes; workforce development education; area technical
13 centers; adult, part-time, career and technical, and evening
14 schools, courses, or classes, as authorized by law to be
15 operated under the control of district school boards; and lab
16 schools operated under the control of state universities.
17 Section 17. Paragraph (a) of subsection (2) of section
18 1001.26, Florida Statutes, is amended to read:
19 1001.26 Public broadcasting program system.--
20 (2)(a) The Department of Education is responsible for
21 implementing the provisions of this section pursuant to s.
22 282.102 part III of chapter 287 and may employ personnel,
23 acquire equipment and facilities, and perform all duties
24 necessary for carrying out the purposes and objectives of this
25 section.
26 Section 18. Subsection (3) of section 1001.372,
27 Florida Statutes, is amended to read:
28 1001.372 District school board meetings.--
29 (3) REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The
30 presiding officer of any district school board may order the
31 removal, from a public meeting held by the district school
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 board, of any person interfering with the expeditious or
2 orderly process of such meeting, provided such officer has
3 first issued a warning that continued interference with the
4 orderly processes of the meeting will result in removal. Any
5 law enforcement authority or a sergeant-at-arms designated by
6 the officer shall remove any person ordered removed pursuant
7 to this subsection section.
8 Section 19. Paragraph (m) of subsection (4) of section
9 1001.42, Florida Statutes, is amended to read:
10 1001.42 Powers and duties of district school
11 board.--The district school board, acting as a board, shall
12 exercise all powers and perform all duties listed below:
13 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
14 SCHOOLS.--Adopt and provide for the execution of plans for the
15 establishment, organization, and operation of the schools of
16 the district, including, but not limited to, the following:
17 (m) Alternative education programs for students in
18 residential care facilities.--Provide, in accordance with the
19 provisions of s. 1003.58 chapter 1006, educational programs
20 according to rules of the State Board of Education to students
21 who reside in residential care facilities operated by the
22 Department of Children and Family Services.
23 Section 20. Paragraph (f) of subsection (3) of section
24 1001.50, Florida Statutes, is amended to read:
25 1001.50 Superintendents employed under Art. IX of the
26 State Constitution.--
27 (3) The district school board of each such district
28 shall pay to the district school superintendent a reasonable
29 annual salary. In determining the amount of compensation to be
30 paid, the board shall take into account such factors as:
31
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 (f) The educational qualifications and, professional
2 experience, and age of the candidate for the position of
3 district school superintendent.
4 Section 21. Subsection (8) of section 1001.74, Florida
5 Statutes, is amended to read:
6 1001.74 Powers and duties of university boards of
7 trustees.--
8 (8) Each board of trustees is authorized to create
9 divisions of sponsored research pursuant to the provisions of
10 s. 1004.22 s. 1011.411 to serve the function of administration
11 and promotion of the programs of research.
12 Section 22. Subsection (2) of section 1002.01, Florida
13 Statutes, is amended to read:
14 1002.01 Definitions.--
15 (2) A "private school" is a nonpublic school defined
16 as an individual, association, copartnership, or corporation,
17 or department, division, or section of such organizations,
18 that designates itself as an educational center that includes
19 kindergarten or a higher grade or as an elementary, secondary,
20 business, technical, or trade school below college level or
21 any organization that provides instructional services that
22 meet the intent of s. 1003.01(13) s. 1003.01(14) or that gives
23 preemployment or supplementary training in technology or in
24 fields of trade or industry or that offers academic, literary,
25 or career and technical training below college level, or any
26 combination of the above, including an institution that
27 performs the functions of the above schools through
28 correspondence or extension, except those licensed under the
29 provisions of chapter 1005. A private school may be a
30 parochial, religious, denominational, for-profit, or nonprofit
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 school. This definition does not include home education
2 programs conducted in accordance with s. 1002.41.
3 Section 23. Paragraph (a) of subsection (3) and
4 paragraph (a) of subsection (11) of section 1002.32, Florida
5 Statutes, are amended to read:
6 1002.32 Developmental research (laboratory) schools.--
7 (3) MISSION.--The mission of a lab school shall be the
8 provision of a vehicle for the conduct of research,
9 demonstration, and evaluation regarding management, teaching,
10 and learning. Programs to achieve the mission of a lab school
11 shall embody the goals and standards established pursuant to
12 ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate
13 education for its students.
14 (a) Each lab school shall emphasize mathematics,
15 science, computer science, and foreign languages. The primary
16 goal of a lab school is to enhance instruction and research in
17 such specialized subjects by using the resources available on
18 a state university campus, while also providing an education
19 in nonspecialized subjects. Each lab school shall provide
20 sequential elementary and secondary instruction where
21 appropriate. A lab school may not provide instruction at grade
22 levels higher than grade 12 without authorization from the
23 State Board of Education. Each lab developmental research
24 school shall develop and implement a school improvement plan
25 pursuant to s. 1003.02(3).
26 (11) EXCEPTIONS TO LAW.--To encourage innovative
27 practices and facilitate the mission of the lab schools, in
28 addition to the exceptions to law specified in s. 1001.23(2),
29 the following exceptions shall be permitted for lab schools:
30 (a) The methods and requirements of the following
31 statutes shall be held in abeyance: ss. 316.75; 1001.30;
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 1001.31; 1001.32; 1001.33; 1001.34; 1001.35; 1001.36;
2 1001.361; 1001.362; 1001.363; 1001.37; 1001.371; 1001.372;
3 1001.38; 1001.39; 1001.395; 1001.40; 1001.41; 1001.44;
4 1001.453; 1001.46; 1001.461; 1001.462; 1001.463; 1001.464;
5 1001.47; 1001.48; 1001.49; 1001.50; 1001.51; 1006.12(1);
6 1006.21(3), (4); 1006.23; 1010.07(2); 1010.40; 1010.41;
7 1010.42; 1010.43; 1010.44; 1010.45; 1010.46; 1010.47; 1010.48;
8 1010.49; 1010.50; 1010.51; 1010.52; 1010.53; 1010.54; 1010.55;
9 1011.02(1)-(3), (5); 1011.04; 1011.20; 1011.21; 1011.22;
10 1011.23; 1011.71; 1011.72; 1011.73; and 1011.74; and 1013.77.
11 Section 24. Paragraph (c) of subsection (21) of
12 section 1002.33, Florida Statutes, is amended to read:
13 1002.33 Charter schools.--
14 (21) SERVICES.--
15 (c) Transportation of charter school students shall be
16 provided by the charter school consistent with the
17 requirements of subpart I.e. of chapter 1006 and s. 1012.45.
18 The governing body of the charter school may provide
19 transportation through an agreement or contract with the
20 district school board, a private provider, or parents. The
21 charter school and the sponsor shall cooperate in making
22 arrangements that ensure that transportation is not a barrier
23 to equal access for all students residing within a reasonable
24 distance of the charter school as determined in its charter.
25 Section 25. Subsection (14) of section 1002.42,
26 Florida Statutes, is amended to read:
27 1002.42 Private schools.--
28 (14) BUS DRIVER TRAINING.--Private school bus drivers
29 may participate in a district school board's bus driver
30 training program, if the district school board makes the
31 program available pursuant to s. 1012.45(4) s. 1006.26.
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 Section 26. Subsection (1) of section 1002.43, Florida
2 Statutes, is amended to read:
3 1002.43 Private tutoring programs.--
4 (1) Regular attendance as defined in s. 1003.01(13) s.
5 1003.01(14) may be achieved by attendance in a private
6 tutoring program if the person tutoring the student meets the
7 following requirements:
8 (a) Holds a valid Florida certificate to teach the
9 subjects or grades in which instruction is given.
10 (b) Keeps all records and makes all reports required
11 by the state and district school board and makes regular
12 reports on the attendance of students in accordance with the
13 provisions of s. 1003.23(2).
14 (c) Requires students to be in actual attendance for
15 the minimum length of time prescribed by s. 1011.60(2).
16 Section 27. Paragraph (a) of subsection (7) of section
17 1003.63, Florida Statutes, is amended to read:
18 1003.63 Deregulated public schools pilot program.--
19 (7) EXEMPTION FROM STATUTES.--
20 (a) A deregulated public school shall operate in
21 accordance with its proposal and shall be exempt from all
22 statutes of the Florida K-20 Education Code, except those
23 pertaining to civil rights and student health, safety, and
24 welfare, or as otherwise required by this section. A
25 deregulated public school shall not be exempt from the
26 following statutes: chapter 119, relating to public records,
27 and s. 286.011, relating to public meetings and records,
28 public inspection, and penalties. The school district, upon
29 request of a deregulated public school, may apply to the State
30 Board of Education for a waiver of provisions of law
31 applicable to deregulated public schools under this section,
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 except that the provisions of chapter 1010 or chapter 1011
2 shall not be eligible for waiver if the waiver would affect
3 funding allocations or create inequity in public school
4 funding. The State Board of Education may grant the waiver if
5 necessary to implement the school program.
6 Section 28. Subsection (5) of section 1004.24, Florida
7 Statutes, is amended to read:
8 1004.24 State Board of Education authorized to secure
9 liability insurance.--
10 (5) Each self-insurance program council shall make
11 provision for an annual financial audit pursuant to s. 11.45
12 postaudit of its financial accounts to be conducted by an
13 independent certified public accountant. The annual audit
14 report must include a management letter and shall be submitted
15 to the State Board of Education for review. The State Board of
16 Education shall have the authority to require and receive from
17 the self-insurance program council or from its independent
18 auditor any detail or supplemental data relative to the
19 operation of the self-insurance program.
20 Section 29. Subsection (5) of section 1004.26, Florida
21 Statutes, is amended to read:
22 1004.26 University student governments.--
23 (5) Each student government is a part of the
24 university at which it is established. Each university board
25 of trustees shall approve the internal procedures of student
26 government organizations pursuant to s. 1001.74(10)(i). Each
27 state university president shall provide purchasing,
28 contracting, and budgetary review processes for student
29 government organizations pursuant to s. 1001.75(15). If an
30 internal procedure of the university student government is
31 disapproved by the university president under s. 229.0082(15),
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 a member of the university board of trustees may request a
2 review of the disapproved procedure at the next meeting of the
3 board of 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
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
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
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
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
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
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
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
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
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
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
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
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 (e) of subsection (1) of section
18 1009.531, Florida Statutes, is amended to read:
19 1009.531 Florida Bright Futures Scholarship Program;
20 student eligibility requirements for initial awards.--
21 (1) To be eligible for an initial award from any of
22 the three types of scholarships under the Florida Bright
23 Futures Scholarship Program, a student must:
24 (e) Not have been found guilty of, or pled plead nolo
25 contendere to, a felony charge, unless the student has been
26 granted clemency by the Governor and Cabinet sitting as the
27 Executive Office of Clemency.
28 Section 38. Subsection (1) of section 1009.534,
29 Florida Statutes, is amended to read:
30 1009.534 Florida Academic Scholars award.--
31
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 (1) A student is eligible for a Florida Academic
2 Scholars award if the student meets the general eligibility
3 requirements for the Florida Bright Futures Scholarship
4 Program and the student:
5 (a) Has achieved a 3.5 weighted grade point average as
6 calculated pursuant to s. 1009.531, or its equivalent, in high
7 school courses that are designated by the State Board of
8 Education as college-preparatory academic courses; and has
9 attained at least the score identified by rules of the State
10 Board of Education on the combined verbal and quantitative
11 parts of the Scholastic Aptitude Test, the Scholastic
12 Assessment Test, or the recentered Scholastic Assessment Test
13 of the College Entrance Examination, or an equivalent score on
14 the ACT Assessment Program; or
15 (b) Has attended a home education program according to
16 s. 1002.41 during grades 11 and 12 or has completed the
17 International Baccalaureate curriculum but failed to earn the
18 International Baccalaureate Diploma, and has attained at least
19 the score identified by rules of the State Board Department of
20 Education on the combined verbal and quantitative parts of the
21 Scholastic Aptitude Test, the Scholastic Assessment Test, or
22 the recentered Scholastic Assessment Test of the College
23 Entrance Examination, or an equivalent score on the ACT
24 Assessment Program; or
25 (c) Has been awarded an International Baccalaureate
26 Diploma from the International Baccalaureate Office; or
27 (d) Has been recognized by the merit or achievement
28 programs of the National Merit Scholarship Corporation as a
29 scholar or finalist; or
30 (e) Has been recognized by the National Hispanic
31 Recognition Program as a scholar recipient.
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1
2 A student must complete a program of community service work,
3 as approved by the district school board or the administrators
4 of a nonpublic school, which shall include a minimum of 75
5 hours of service work and require the student to identify a
6 social problem that interests him or her, develop a plan for
7 his or her personal involvement in addressing the problem,
8 and, through papers or other presentations, evaluate and
9 reflect upon his or her experience.
10 Section 39. Subsection (1) of section 1009.535,
11 Florida Statutes, is amended to read:
12 1009.535 Florida Medallion Scholars award.--
13 (1) A student is eligible for a Florida Medallion
14 Scholars award if the student meets the general eligibility
15 requirements for the Florida Bright Futures Scholarship
16 Program and the student:
17 (a) Has achieved a weighted grade point average of 3.0
18 as calculated pursuant to s. 1009.531, or the equivalent, in
19 high school courses that are designated by the State Board of
20 Education as college-preparatory academic courses; and has
21 attained at least the score identified by rules of the State
22 Board of Education on the combined verbal and quantitative
23 parts of the Scholastic Aptitude Test, the Scholastic
24 Assessment Test, or the recentered Scholastic Assessment Test
25 of the College Entrance Examination, or an equivalent score on
26 the ACT Assessment Program; or
27 (b) Has attended a home education program according to
28 s. 1002.41 during grades 11 and 12 or has completed the
29 International Baccalaureate curriculum but failed to earn the
30 International Baccalaureate Diploma, and has attained at least
31 the score identified by rules of the State Board Department of
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 Education on the combined verbal and quantitative parts of the
2 Scholastic Aptitude Test, the Scholastic Assessment Test, or
3 the recentered Scholastic Assessment Test of the College
4 Entrance Examination, or an equivalent score on the ACT
5 Assessment Program; or
6 (c) Has been recognized by the merit or achievement
7 program of the National Merit Scholarship Corporation as a
8 scholar or finalist but has not completed a program of
9 community service as provided in s. 1009.534; or
10 (d) Has been recognized by the National Hispanic
11 Recognition Program as a scholar, but has not completed a
12 program of community service as provided in s. 1009.534.
13 Section 40. Paragraph (b) of subsection (3) and
14 subsection (5) of section 1009.539, Florida Statutes, are
15 amended to read:
16 1009.539 Florida Bright Futures Scholarship Testing
17 Program.--
18 (3)
19 (b) Notwithstanding the provisions of paragraph (a),
20 and for the 2002-2003 fiscal year only, initial award
21 recipients for the 2002-2003 academic year who are eligible
22 for a Florida Academic Scholars award or a Florida Medallion
23 Merit Scholars award and who are admitted to and enroll in a
24 community college or state university shall, prior to
25 registering for courses that may be earned through a CLEP
26 examination and no later than the end of the 2002-2003
27 academic year, complete at least five examinations from those
28 specified in subsection (1) in the following areas: English;
29 humanities; mathematics; natural sciences; and social
30 sciences. Successful completion of dual enrollment courses,
31 Advanced Placement examinations, and International
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 Baccalaureate examinations taken prior to high school
2 graduation satisfy this requirement. The State Board of
3 Education Articulation Coordinating Committee shall identify
4 the examinations that satisfy each component of this
5 requirement. This paragraph expires July 1, 2003.
6 (5) The credit awarded pursuant to this section shall
7 apply toward the 120 hours of college credit required pursuant
8 to s. 1007.25(8) s. 1007.25(7).
9 Section 41. Section 1009.765, Florida Statutes, is
10 amended to read:
11 1009.765 Ethics in Business scholarships for community
12 colleges and independent postsecondary educational
13 institutions.--When the Department of Insurance receives a $6
14 million settlement as specified in the Consent Order of the
15 Treasurer and Insurance Commissioner, case number 18900-96-c,
16 that portion of the $6 million not used to satisfy the
17 requirements of section 18 of the Consent Order must be
18 transferred from the Insurance Commissioner's Regulatory Trust
19 Fund to the State Student Financial Assistance Trust Fund is
20 appropriated from the State Student Financial Assistance Trust
21 Fund to provide Ethics in Business scholarships to students
22 enrolled in public community colleges and independent
23 postsecondary educational institutions eligible to participate
24 in the William L. Boyd, IV, Florida Resident Access Grant
25 Program under s. 1009.89. The funds shall be allocated to
26 institutions for scholarships in the following ratio:
27 Two-thirds for community colleges and one-third for eligible
28 independent institutions. The Department of Education shall
29 administer the scholarship program for students attending
30 community colleges and independent institutions. These funds
31 must be allocated to institutions that provide an equal amount
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 of matching funds generated by private donors for the purpose
2 of providing Ethics in Business scholarships. Public funds may
3 not be used to provide the match, nor may funds collected for
4 other purposes. Notwithstanding any other provision of law,
5 the State Board of Administration shall have the authority to
6 invest the funds appropriated under this section. The State
7 Board Department of Education may adopt rules for
8 administration of the program.
9 Section 42. Subsection (7) of section 1009.77, Florida
10 Statutes, is amended to read:
11 1009.77 Florida Work Experience Program.--
12 (7) The State Board Department of Education shall
13 prescribe such rules for the program as are necessary for its
14 administration, for the determination of eligibility and
15 selection of institutions to receive funds for students, to
16 ensure the proper expenditure of funds, and to provide an
17 equitable distribution of funds between students at public and
18 independent colleges and universities.
19 Section 43. Section 1010.75, Florida Statutes, is
20 amended to read:
21 1010.75 Teacher Certification Examination Trust
22 Fund.--The proceeds for the certification examination fee
23 levied pursuant to s. 1012.59 shall be remitted by the
24 Department of Education to the Treasurer for deposit into and
25 disbursed from for the "Teacher Certification Examination
26 Trust Fund" as re-created by chapter 99-28, Laws of Florida.
27 Section 44. Subsection (2) of section 1011.60, Florida
28 Statutes, is amended to read:
29 1011.60 Minimum requirements of the Florida Education
30 Finance Program.--Each district which participates in the
31 state appropriations for the Florida Education Finance Program
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 shall provide evidence of its effort to maintain an adequate
2 school program throughout the district and shall meet at least
3 the following requirements:
4 (2) MINIMUM TERM.--Operate all schools for a term of
5 at least 180 actual teaching days as prescribed in s.
6 1003.01(14) or the equivalent on an hourly basis as specified
7 by rules of the State Board of Education each school year. The
8 State Board of Education may prescribe procedures for
9 altering, and, upon written application, may alter, this
10 requirement during a national, state, or local emergency as it
11 may apply to an individual school or schools in any district
12 or districts if, in the opinion of the board, it is not
13 feasible to make up lost days, and the apportionment may, at
14 the discretion of the Commissioner of Education and if the
15 board determines that the reduction of school days is caused
16 by the existence of a bona fide emergency, be reduced for such
17 district or districts in proportion to the decrease in the
18 length of term in any such school or schools. A strike, as
19 defined in s. 447.203(6), by employees of the school district
20 may not be considered an emergency.
21 Section 45. Paragraph (i) of subsection (1) of section
22 1011.62, Florida Statutes, is amended to read:
23 1011.62 Funds for operation of schools.--If the annual
24 allocation from the Florida Education Finance Program to each
25 district for operation of schools is not determined in the
26 annual appropriations act or the substantive bill implementing
27 the annual appropriations act, it shall be determined as
28 follows:
29 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
30 OPERATION.--The following procedure shall be followed in
31
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 determining the annual allocation to each district for
2 operation:
3 (i) Calculation of full-time equivalent membership
4 with respect to instruction from community colleges or state
5 universities.--Students enrolled in community college or
6 university dual enrollment instruction pursuant to s. 1007.271
7 may be included in calculations of full-time equivalent
8 student memberships for basic programs for grades 9 through 12
9 by a district school board. Such students may also be
10 calculated as the proportional shares of full-time equivalent
11 enrollments they generate for the community college or
12 university conducting the dual enrollment instruction. Early
13 admission students shall be considered dual enrollments for
14 funding purposes. Students may be enrolled in dual enrollment
15 instruction provided by an eligible independent college or
16 university and may be included in calculations of full-time
17 equivalent student memberships for basic programs for grades 9
18 through 12 by a district school board. However, those
19 provisions of law which exempt dual enrolled and early
20 admission students from payment of instructional materials and
21 tuition and fees, including laboratory fees, shall not apply
22 to students who select the option of enrolling in an eligible
23 independent institution. An independent college or university
24 which is located and chartered in Florida, is not for profit,
25 is accredited by the Commission on Colleges of the Southern
26 Association of Colleges and Schools or the Accrediting Council
27 for Commission of the Association of Independent Colleges and
28 Schools, and which confers degrees as defined in s. 1005.02
29 shall be eligible for inclusion in the dual enrollment or
30 early admission program. Students enrolled in dual enrollment
31 instruction shall be exempt from the payment of tuition and
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 fees, including laboratory fees. No student enrolled in
2 college credit mathematics or English dual enrollment
3 instruction shall be funded as a dual enrollment unless the
4 student has successfully completed the relevant section of the
5 entry-level examination required pursuant to s. 1008.30.
6 Section 46. Subsections (1) and (3) of section
7 1012.21, Florida Statutes, are amended to read:
8 1012.21 Department of Education duties; K-12
9 personnel.--
10 (1) PERIODIC CRIMINAL HISTORY RECORD CHECKS.--In
11 cooperation with the Florida Department of Law Enforcement,
12 the department of Education may periodically perform criminal
13 history record checks on individuals who hold a certificate
14 pursuant to s. 1012.56 or s. 1012.57.
15 (3) SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE
16 TO CHILD SUPPORT DELINQUENCY.--The department of Education
17 shall allow applicants for new or renewal certificates and
18 renewal certificateholders to be screened by the Title IV-D
19 child support agency pursuant to s. 409.2598 to assure
20 compliance with an obligation for support, as defined in s.
21 409.2554. The purpose of this section is to promote the
22 public policy of this state as established in s. 409.2551.
23 The department shall, when directed by the court, deny the
24 application of any applicant found to have a delinquent
25 support obligation. The department shall issue or reinstate
26 the certificate without additional charge to the
27 certificateholder when notified by the court that the
28 certificateholder has complied with the terms of the court
29 order. The department shall not be held liable for any
30 certificate denial or suspension resulting from the discharge
31 of its duties under this section.
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 Section 47. Paragraph (a) of subsection (1) and
2 paragraph (a) of subsection (3) of section 1012.585, Florida
3 Statutes, are amended to read:
4 1012.585 Process for renewal of professional
5 certificates.--
6 (1)(a) District school boards in this state shall
7 renew state-issued professional certificates as follows:
8 1. Each district school board shall renew state-issued
9 professional certificates for individuals who hold a
10 professional certificate by this state and are employed by
11 that district pursuant to criteria established in subsections
12 (2), (3), and (4) and rules of the State Board of Education.
13 2. The employing school district may charge the
14 individual an application fee not to exceed the amount charged
15 by the Department of Education for such services, including
16 associated late renewal fees. Each district school board
17 shall transmit monthly to the department a fee in an amount
18 established by the State Board of Education for each renewed
19 certificate. The fee shall not exceed the actual cost for
20 maintenance and operation of the statewide certification
21 database and for the actual costs incurred in printing and
22 mailing such renewed certificates. As defined in current rules
23 of the state board, the department shall contribute a portion
24 of such fee for purposes of funding the Educator Recovery
25 Network established in s. 1012.798. The department shall
26 deposit all funds into the Educational Certification and
27 Service Trust Fund for use as specified in s. 1012.59.
28 (3) For the renewal of a professional certificate, the
29 following requirements must be met:
30 (a) The applicant must earn a minimum of 6 college
31 credits or 120 inservice points or a combination thereof. For
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 each area of specialization to be retained on a certificate,
2 the applicant must earn at least 3 of the required credit
3 hours or equivalent inservice points in the specialization
4 area. Education in "clinical educator" training pursuant to s.
5 1004.04(5)(b) and credits or points that provide training in
6 the area of exceptional student education, normal child
7 development, and the disorders of development may be applied
8 toward any specialization area. Credits or points that provide
9 training in the areas of drug abuse, child abuse and neglect,
10 strategies in teaching students having limited proficiency in
11 English, or dropout prevention, or training in areas
12 identified in the educational goals and performance standards
13 adopted pursuant to ss. 1000.03(5) and 1008.345 1001.23 may be
14 applied toward any specialization area. Credits or points
15 earned through approved summer institutes may be applied
16 toward the fulfillment of these requirements. Inservice points
17 may also be earned by participation in professional growth
18 components approved by the State Board of Education and
19 specified pursuant to s. 1012.98 in the district's approved
20 master plan for inservice educational training, including, but
21 not limited to, serving as a trainer in an approved teacher
22 training activity, serving on an instructional materials
23 committee or a state board or commission that deals with
24 educational issues, or serving on an advisory council created
25 pursuant to s. 1001.452.
26 Section 48. Section 1012.62, Florida Statutes, is
27 amended to read:
28 1012.62 Transfer of sick leave and annual leave.--In
29 implementing the provisions of ss. 402.22(1)(d) and
30 1001.42(4)(m) 1001.42(4)(n), educational personnel in
31 Department of Children and Family Services residential care
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 facilities who are employed by a district school board may
2 request, and the district school board shall accept, a
3 lump-sum transfer of accumulated sick leave for such personnel
4 to the maximum allowed by policies of the district school
5 board, notwithstanding the provisions of s. 110.122.
6 Educational personnel in Department of Children and Family
7 Services residential care facilities who are employed by a
8 district school board under the provisions of s. 402.22(1)(d)
9 may request, and the district school board shall accept, a
10 lump-sum transfer of accumulated annual leave for each person
11 employed by the district school board in a position in the
12 district eligible to accrue vacation leave under policies of
13 the district school board.
14 Section 49. Paragraphs (b) and (c) of subsection (2)
15 of section 1012.74, Florida Statutes, are amended to read:
16 1012.74 Florida educators professional liability
17 insurance protection.--
18 (2)
19 (b) Educator professional liability coverage shall be
20 extended at cost to all instructional personnel, as defined by
21 s. 1012.01(2) s. 1012.01(3), who are part-time personnel, as
22 defined by the district school board policy, and choose to
23 participate in the state-provided program.
24 (c) Educator professional liability coverage shall be
25 extended at cost to all administrative personnel, as defined
26 by s. 1012.01(3) s. 1012.01(2), who choose to participate in
27 the state-provided program.
28 Section 50. Paragraph (b) of subsection (7) of section
29 1012.79, Florida Statutes, is amended to read:
30 1012.79 Education Practices Commission;
31 organization.--
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 (7) The duties and responsibilities of the commission
2 are to:
3 (b) Revoke or suspend a certificate or take other
4 appropriate action as provided in ss. 1012.795 ss. 1012.56 and
5 1012.796.
6 Section 51. Subsection (2) of section 1012.795,
7 Florida Statutes, is amended to read:
8 1012.795 Education Practices Commission; authority to
9 discipline.--
10 (2) The plea of guilty in any court, the decision of
11 guilty by any court, the forfeiture by the teaching
12 certificateholder of a bond in any court of law, or the
13 written acknowledgment, duly witnessed, of offenses listed in
14 subsection (1) to the district school superintendent or a duly
15 appointed representative of such superintendent or to the
16 district school board shall be prima facie proof of grounds
17 for revocation of the certificate as listed in subsection (1)
18 in the absence of proof by the certificateholder that the plea
19 of guilty, forfeiture of bond, or admission of guilt was
20 caused by threats, coercion, or fraudulent means.
21 Section 52. Paragraph (c) of subsection (1) and
22 subsection (4) of section 1012.796, Florida Statutes, are
23 amended to read:
24 1012.796 Complaints against teachers and
25 administrators; procedure; penalties.--
26 (1)
27 (c) Each school district shall file in writing with
28 the department all legally sufficient complaints within 30
29 days after the date on which subject matter of the complaint
30 comes to the attention of the school district. The school
31 district shall include all information relating to the
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 complaint which is known to the school district at the time of
2 filing. Each district school board shall develop policies and
3 procedures to comply with this reporting requirement. The
4 district school board policies and procedures shall include
5 appropriate penalties for all personnel of the district school
6 board for nonreporting and procedures for promptly informing
7 the district school superintendent of each legally sufficient
8 complaint. The district school superintendent is charged with
9 knowledge of these policies and procedures. If the district
10 school superintendent has knowledge of a legally sufficient
11 complaint and does not report the complaint, or fails to
12 enforce the policies and procedures of the district school
13 board, and fails to comply with the requirements of this
14 subsection, in addition to other actions against
15 certificateholders authorized by law, the district school
16 superintendent shall be subject to penalties as specified in
17 s. 1001.51(12) s. 1001.51(13). This paragraph does not limit
18 or restrict the power and duty of the department to
19 investigate complaints as provided in paragraphs (a) and (b),
20 regardless of the school district's untimely filing, or
21 failure to file, complaints and followup reports.
22 (4) The complaint and all information obtained
23 pursuant to the investigation by the department shall be
24 confidential and exempt from the provisions of s. 119.07(1)
25 until the conclusion of the preliminary investigation of the
26 complaint, until such time as the preliminary investigation
27 ceases to be active, or until such time as otherwise provided
28 by s. 1012.798 s. 1012.798(6). However, the complaint and all
29 material assembled during the investigation may be inspected
30 and copied by the certificateholder under investigation, or
31 the certificateholder's designee, after the investigation is
46
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 concluded, but prior to the determination of probable cause by
2 the commissioner. If the preliminary investigation is
3 concluded with the finding that there is no probable cause to
4 proceed, the complaint and information shall be open
5 thereafter to inspection pursuant to s. 119.07(1). If the
6 preliminary investigation is concluded with the finding that
7 there is probable cause to proceed and a complaint is filed
8 pursuant to subsection (6), the complaint and information
9 shall be open thereafter to inspection pursuant to s.
10 119.07(1). If the preliminary investigation ceases to be
11 active, the complaint and all such material shall be open
12 thereafter to inspection pursuant to s. 119.07(1), except as
13 otherwise provided pursuant to s. 1012.798 s. 1012.798(6). For
14 the purpose of this subsection, a preliminary investigation
15 shall be considered active as long as it is continuing with a
16 reasonable, good faith anticipation that an administrative
17 finding will be made in the foreseeable future.
18 Section 53. Paragraph (b) of subsection (4) of section
19 1012.98, Florida Statutes, is amended to read:
20 1012.98 School Community Professional Development
21 Act.--
22 (4) The Department of Education, school districts,
23 schools, community colleges, and state universities share the
24 responsibilities described in this section. These
25 responsibilities include the following:
26 (b) Each school district shall develop a professional
27 development system. The system shall be developed in
28 consultation with teachers and representatives of community
29 college and state university faculty, community agencies, and
30 other interested citizen groups to establish policy and
31 procedures to guide the operation of the district professional
47
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 development program. The professional development system
2 must:
3 1. Be approved by the department. All substantial
4 revisions to the system shall be submitted to the department
5 for review for continued approval.
6 2. Require the use of student achievement data; school
7 discipline data; school environment surveys; assessments of
8 parental satisfaction; performance appraisal data of teachers,
9 managers, and administrative personnel; and other performance
10 indicators to identify school and student needs that can be
11 met by improved professional performance.
12 3. Provide inservice activities coupled with followup
13 support that are appropriate to accomplish district-level and
14 school-level improvement goals and standards. The inservice
15 activities for instructional personnel shall primarily focus
16 on subject content and teaching methods, including technology,
17 as related to the Sunshine State Standards, assessment and
18 data analysis, classroom management, and school safety.
19 4. Include a master plan for inservice activities,
20 pursuant to rules of the State Board of Education, for all
21 district employees from all fund sources. The master plan
22 shall be updated annually by September 1 using criteria for
23 continued approval as specified by rules of the State Board of
24 Education. Written verification that the inservice plan meets
25 all requirements of this section must be submitted annually to
26 the commissioner by October 1.
27 5. Require each school principal to establish and
28 maintain an individual professional development plan for each
29 instructional employee assigned to the school. The individual
30 professional development plan must:
31
48
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 a. Be related to specific performance data for the
2 students to whom the teacher is assigned.
3 b. Define the inservice objectives and specific
4 measurable improvements expected in student performance as a
5 result of the inservice activity.
6 c. Include an evaluation component that determines the
7 effectiveness of the professional development plan.
8 6. Include inservice activities for school
9 administrative personnel that address updated skills necessary
10 for effective school management and instructional leadership.
11 7. Provide for systematic consultation with regional
12 and state personnel designated to provide technical assistance
13 and evaluation of local professional development programs.
14 8. Provide for delivery of professional development by
15 distance learning and other technology-based delivery systems
16 to reach more educators at lower costs.
17 9. Provide for the continuous evaluation of the
18 quality and effectiveness of professional development programs
19 in order to eliminate ineffective programs and strategies and
20 to expand effective ones. Evaluations must consider the impact
21 of such activities on the performance of participating
22 educators and their students' achievement and behavior.
23 Section 54. Subsection (6) of section 1013.73, Florida
24 Statutes, is amended to read:
25 1013.73 Effort index grants for school district
26 facilities.--
27 (6) A school district may receive a distribution for
28 use pursuant to paragraph (3)(a) only if the district school
29 board certifies to the Commissioner of Education that the
30 district has no unmet need for permanent classroom facilities
31 in its 5-year capital outlay work plan. If the work plan
49
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1772
304-1937-03
1 contains such unmet needs, the district must use its
2 distribution for the payment of bonds under paragraph (3)(b)
3 (2)(b). If the district does not require its full bonded
4 distribution to eliminate such unmet needs, it may bond only
5 that portion of its allocation necessary to meet the needs.
6 Section 55. Subsection (1) of section 1013.74, Florida
7 Statutes, is amended to read:
8 1013.74 University authorization for fixed capital
9 outlay projects.--
10 (1) Notwithstanding the provisions of chapter 216,
11 including s. 216.351, a university may accomplish fixed
12 capital outlay projects consistent with the provisions of this
13 section. Projects authorized by this section shall not require
14 educational plant survey approval as prescribed in this
15 chapter 235.
16 Section 56. This act shall take effect upon becoming a
17 law.
18
19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 Senate Bill 1772
21
22 The Committee Substitute amends ss. 1009.534, 1009.535,
1009.765, 1009.77, F.S., to reaffirm the State Board of
23 Education as the rulemaking authority.
24 The Committee Substitute amends s. 1003.63, F.S., to eliminate
the authority of the State Board of Education to waive law.
25
The Committee Substitute restores current law with respect to
26 s. 20.055, F.S.
27
28
29
30
31
50
CODING: Words stricken are deletions; words underlined are additions.