Senate Bill sb1772e1

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  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


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 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


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 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,


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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. 1009.531,

 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


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 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         amending s. 1001.74, F.S.; requiring the

18         Department of Management Services to continue

19         to administer the pre-tax benefit program for

20         state university employees; amending s.

21         110.161, F.S.; including employees of state

22         universities in definition for purposes of

23         pretax benefits program; providing an effective

24         date.

25  

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

27  

28         Section 1.  Paragraph (d) of subsection (5) of section

29  24.121, Florida Statutes, is amended to read:

30         24.121  Allocation of revenues and expenditure of funds

31  for public education.--


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 1         (5)

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

 3  the Educational Enhancement Trust Fund to any school district

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

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

 6  with school advisory council membership composition

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

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

 9  withhold disbursements from the trust fund to any school

10  district that fails to adopt the performance-based salary

11  schedule required by s. 1012.22(1).

12         Section 2.  Paragraphs (b) and (c) of subsection (6) of

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

14         212.055  Discretionary sales surtaxes; legislative

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

16  legislative intent that any authorization for imposition of a

17  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

24  be expended; and such other requirements as the Legislature

25  may provide.  Taxable transactions and administrative

26  procedures shall be as provided in s. 212.054.

27         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

28         (b)  The resolution shall include a statement that

29  provides a brief and general description of the school capital

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

31  resolution must state that the district school board has been


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

 2  Frugal Schools Program. The statement shall conform to the

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

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

 5  shall be placed on the ballot:

 6  

 7        ....FOR THE               ....CENTS TAX

 8        ....AGAINST THE           ....CENTS TAX

 9  

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

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

12  for fixed capital expenditures or fixed capital costs

13  associated with the construction, reconstruction, or

14  improvement of school facilities and campuses which have a

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

16  acquisition, land improvement, design, and engineering costs

17  related thereto. Additionally, the plan shall include the

18  costs of retrofitting and providing for technology

19  implementation, including hardware and software, for the

20  various sites within the school district.  Surtax revenues may

21  be used for the purpose of servicing bond indebtedness to

22  finance projects authorized by this subsection, and any

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

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

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

26  district school board has been recognized by the State Board

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

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

29  consistent with this subsection and with uses assured under

30  the Florida Frugal Schools Program.

31  


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 1         Section 3.  Paragraph (b) of subsection (9) of section

 2  216.136, Florida Statutes, is amended to read:

 3         216.136  Consensus estimating conferences; duties and

 4  principals.--

 5         (9)  WORKFORCE ESTIMATING CONFERENCE.--

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

 7  Executive Office of the Governor, the director of the Office

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

 9  the Agency for Workforce Innovation, the Chancellor of the

10  State University System, the Executive Director of the State

11  Board of Community Colleges, the Executive Director chair of

12  the Commission for Independent Education State Board of

13  Nonpublic Career Education, the chair of Workforce Florida,

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

15  Demographic Research, or their designees, and professional

16  staff from the Senate and the House of Representatives who

17  have forecasting and substantive expertise, are the principals

18  of the Workforce Estimating Conference.  In addition to the

19  designated principals of the conference, nonprincipal

20  participants of the conference shall include a representative

21  of the Florida Chamber of Commerce and other interested

22  parties.  The principal representing the Executive Office of

23  the Governor shall preside over the sessions of the

24  conference.

25         Section 4.  Subsection (3) of section 316.615, Florida

26  Statutes, is amended to read:

27         316.615  School buses; physical requirements of

28  drivers.--

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

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

31  transporting school children unless the operator has met the


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 1  physical examination requirements established by law and by

 2  rule of the State Board of Education adopted by the

 3  Commissioner of Education.  The operator of such a motor

 4  vehicle shall pass an annual physical examination and have

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

 6         Section 5.  Paragraph (b) of subsection (1), subsection

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

 8  Florida Statutes, are amended to read:

 9         402.305  Licensing standards; child care facilities.--

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

11  establish licensing standards that each licensed child care

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

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

14  served by the facility.

15         (b)  All standards established under ss.

16  402.301-402.319 must be consistent with the rules adopted by

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

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

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

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

21  minimum standard for firesafety.

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

23  include requirements for building conditions, indoor play

24  space, outdoor play space, napping space, bathroom facilities,

25  food preparation facilities, outdoor equipment, and indoor

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

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

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

29  equipment are provided, then the minimum standards shall apply

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

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


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

 2  department shall adopt the State Uniform Building Code for

 3  Public Educational Facilities Construction as the minimum

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

 5  Legislature intends that if a child care program for

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

 7  program need not conform to standards for physical facilities

 8  other than the standards adopted by the State Board

 9  Commissioner of Education.

10         (7)  SANITATION AND SAFETY.--

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

12  children attending before and after school programs on the

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

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

15  Board Department of Education, as the minimum standard for

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

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

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

19  shall adopt rules for such site and intended use.

20         Section 6.  Paragraph (b) of subsection (5) of section

21  409.1451, Florida Statutes, is amended to read:

22         409.1451  Independent living transition services.--

23         (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS

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

25  the department shall provide or arrange for the following

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

27  prescribed conditions and are determined eligible by the

28  department. The categories of services available to assist a

29  young adult formerly in foster care to achieve independence

30  are:

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


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

 2  intended to help eligible students who are former foster

 3  children in this state to receive the educational and

 4  vocational training needed to achieve independence. The amount

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

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

 7  minimum wage job, after considering other grants and

 8  scholarships that are in excess of the educational

 9  institutions' fees and costs, and contingent upon available

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

11  Scholarship Program may also be eligible for educational fee

12  waivers for workforce development postsecondary programs,

13  community colleges, and universities, pursuant to s.

14  1009.25(2)(c).

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

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

17  eligible for renewal awards, if he or she:

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

19  is living in licensed foster care or in subsidized independent

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

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

22  before reaching his or her 18th birthday;

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

24  1009.40; and

25         d.  Meets one of the following qualifications:

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

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

28  1003.435, and has been admitted for full-time enrollment in an

29  eligible postsecondary education institution as defined in s.

30  1009.533;

31  


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

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

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

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

 5  or

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

 7  education program designed to provide the student with a high

 8  school diploma or its equivalent, is making satisfactory

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

10  within 2 years of graduation.

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

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

13  leaving foster care, foster parents, or family services

14  counselors are informed of the availability of the program and

15  the application procedures.

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

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

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

19  application, but who otherwise meets the criteria for an

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

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

22  birthday.

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

24  department shall issue awards from the scholarship program for

25  each young adult who meets all the requirements of the

26  program.

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

28  student reaches 18 years of age.

29         e.  If the award recipient transfers from one eligible

30  institution to another and continues to meet eligibility

31  


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 1  requirements, the award must be transferred with the

 2  recipient.

 3         f.  Scholarship funds awarded to any eligible young

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

 5  provided to the young adult by the department through its

 6  independent living transition services.

 7         g.  The department shall provide information concerning

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

 9  the Department of Education for inclusion in the student

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

11         h.  Scholarship funds shall be terminated when the

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

13  science degree, or equivalent undergraduate degree, or reaches

14  23 years of age, whichever occurs earlier.

15         i.  The department shall evaluate and renew each award

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

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

18  subsequent year, the young adult must:

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

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

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

22  requirements of s. 1009.41.

23         (II)  Maintain the cumulative grade point average

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

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

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

27  restore eligibility by improving the grade point average to

28  the required level.

29         j.  Scholarship funds may be terminated during the

30  interim between an award and the evaluation for a renewal

31  award if the department determines that the award recipient is


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 1  no longer enrolled in an educational institution as defined in

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

 3  department shall notify a student who is terminated and inform

 4  the student of his or her right to appeal.

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

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

 7  subsequently apply for reinstatement. An application for

 8  reinstatement must be made before the young adult reaches 23

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

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

11  young adult must meet the eligibility criteria and the

12  criteria for award renewal for the scholarship program.

13         l.  A young adult receiving continued services of the

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

15  to the scholarship program by July 1, 2003.

16         Section 7.  Subsections (4) and (5) of section

17  445.0123, Florida Statutes, are amended to read:

18         445.0123  Eligible postsecondary education

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

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

21  Incentive Grant Program if the student meets the requirements

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

23  enrolled in a postsecondary education institution that meets

24  the description of any one of the following:

25         (4)  An independent postsecondary education institution

26  in this state which is licensed by the Commission for

27  Independent Education State Board of Independent Colleges and

28  Universities and which:

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

30  

31  


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

 2  without having its approval, accreditation, or license placed

 3  on probation.

 4         (5)  An independent postsecondary education institution

 5  in this state which is licensed by the Commission for

 6  Independent Education State Board of Nonpublic Career

 7  Education and which:

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

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

10  Administrative Code, or the Department of Education for an

11  institution at its level;

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

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

14  accrediting agency recognized by the United States Department

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

16  years during which there has been no complaint for which

17  probable cause has been found; or

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

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

20  found.

21         Section 8.  Section 455.2125, Florida Statutes, is

22  amended to read:

23         455.2125  Consultation with postsecondary education

24  boards prior to adoption of changes to training

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

26  over the regulation of a profession or occupation shall

27  consult with the Commission for Independent Education State

28  Board of Independent Colleges and Universities, the State

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

30  the State Board of Community Colleges prior to adopting any

31  changes to training requirements relating to entry into the


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 1  profession or occupation. This consultation must allow the

 2  educational board to provide advice regarding the impact of

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

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

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

 6  institution offering the training program falls under its

 7  jurisdiction.

 8         Section 9.  Section 456.028, Florida Statutes, is

 9  amended to read:

10         456.028  Consultation with postsecondary education

11  boards prior to adoption of changes to training

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

13  over the regulation of a profession or occupation shall

14  consult with the Commission for Independent Education State

15  Board of Independent Colleges and Universities, the State

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

17  the State Board of Community Colleges prior to adopting any

18  changes to training requirements relating to entry into the

19  profession or occupation. This consultation must allow the

20  educational board to provide advice regarding the impact of

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

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

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

24  institution offering the training program falls under its

25  jurisdiction.

26         Section 10.  Subsection (8) of section 467.009, Florida

27  Statutes, is amended to read:

28         467.009  Midwifery programs; education and training

29  requirements.--

30         (8)  Nonpublic educational institutions that conduct

31  approved midwifery programs shall be accredited by a member of


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 1  the Commission on Recognition of Postsecondary Accreditation

 2  and shall be licensed by the Commission for Independent

 3  Education State Board of Nonpublic Career Education.

 4         Section 11.  Section 488.01, Florida Statutes, is

 5  amended to read:

 6         488.01  License to engage in business of operating a

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

 8  and Motor Vehicles shall oversee and license all commercial

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

10  truck driving schools shall be required to be licensed

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

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

13  organization, institution, business entity, or corporate

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

15  school without first obtaining a license therefor from the

16  Department of Highway Safety and Motor Vehicles pursuant to

17  this chapter or from the Commission for Independent Education

18  State Board of Nonpublic Career Education pursuant to chapter

19  1005.

20         Section 12.  Section 489.125, Florida Statutes, is

21  amended to read:

22         489.125  Prequalification of certificateholders.--Any

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

24  district school board pursuant to uniform prequalification of

25  contractors criteria adopted by rule of the State Board

26  Commissioner of Education. This section does not supersede any

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

28  preference program adopted by a district school board. A

29  district school board may not modify or supplement the uniform

30  prequalification criteria adopted by rule. A person holding a

31  


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 1  certificate must apply to each board for prequalification

 2  consideration.

 3         Section 13.  Section 817.566, Florida Statutes, is

 4  amended to read:

 5         817.566  Misrepresentation of association with, or

 6  academic standing at, postsecondary educational

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

 8  misrepresents his or her association with, or academic

 9  standing or other progress at, any postsecondary educational

10  institution by falsely making, altering, simulating, or

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

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

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

14  person who utters and publishes or otherwise represents such a

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

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

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

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

19  Individuals who present a religious academic degree from any

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

21  not licensed by the Commission for Independent Education State

22  Board of Independent Colleges and Universities or that which

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

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

25  upon presentation.

26         Section 14.  Subsection (1) of section 817.567, Florida

27  Statutes, is amended to read:

28         817.567  Making false claims of academic degree or

29  title.--

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

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


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 1  1005.02, or the title associated with said degree, unless the

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

 3  institution that is:

 4         (a)  Accredited by a regional or professional

 5  accrediting agency recognized by the United States Department

 6  of Education or the Commission on Recognition of Postsecondary

 7  Accreditation;

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

 9  government or any of its political subdivisions or by the

10  Federal Government;

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

12  chartered outside the United States, the academic degree from

13  which has been validated by an accrediting agency approved by

14  the United States Department of Education as equivalent to the

15  baccalaureate or postbaccalaureate degree conferred by a

16  regionally accredited college or university in the United

17  States;

18         (d)  Licensed by the Commission for Independent

19  Education State Board of Independent Colleges and Universities

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

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

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

23  university which offers only educational programs that prepare

24  students for a religious vocation, career, occupation,

25  profession, or lifework, and the nomenclature of whose

26  certificates, diplomas, or degrees clearly identifies the

27  religious character of the educational program.

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

29  943.22, Florida Statutes, is amended to read:

30         943.22  Salary incentive program for full-time

31  officers.--


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

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

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

 4  which has been accredited by the Southern Association of

 5  Colleges and Schools, another regional accrediting agency, or

 6  the Accrediting Council Commission for Independent Colleges

 7  and Schools.

 8         Section 16.  Subsection (1) of section 1000.04, Florida

 9  Statutes, is amended to read:

10         1000.04  Components for the delivery of public

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

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

13  education through publicly supported and controlled K-12

14  schools, community colleges, state universities and other

15  postsecondary educational institutions, other educational

16  institutions, and other educational services as provided or

17  authorized by the Constitution and laws of the state.

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

19  include charter schools and consist of kindergarten classes;

20  elementary, middle, and high school grades and special

21  classes; workforce development education; area technical

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

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

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

25  schools operated under the control of state universities.

26         Section 17.  Paragraph (a) of subsection (2) of section

27  1001.26, Florida Statutes, is amended to read:

28         1001.26  Public broadcasting program system.--

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

30  implementing the provisions of this section pursuant to s.

31  282.102 part III of chapter 287 and may employ personnel,


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 1  acquire equipment and facilities, and perform all duties

 2  necessary for carrying out the purposes and objectives of this

 3  section.

 4         Section 18.  Subsection (3) of section 1001.372,

 5  Florida Statutes, is amended to read:

 6         1001.372  District school board meetings.--

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

 8  presiding officer of any district school board may order the

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

10  board, of any person interfering with the expeditious or

11  orderly process of such meeting, provided such officer has

12  first issued a warning that continued interference with the

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

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

15  the officer shall remove any person ordered removed pursuant

16  to this subsection section.

17         Section 19.  Paragraph (m) of subsection (4) of section

18  1001.42, Florida Statutes, is amended to read:

19         1001.42  Powers and duties of district school

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

21  exercise all powers and perform all duties listed below:

22         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

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

24  establishment, organization, and operation of the schools of

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

26         (m)  Alternative education programs for students in

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

28  provisions of s. 1003.58 chapter 1006, educational programs

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

30  who reside in residential care facilities operated by the

31  Department of Children and Family Services.


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 1         Section 20.  Paragraph (f) of subsection (3) of section

 2  1001.50, Florida Statutes, is amended to read:

 3         1001.50  Superintendents employed under Art. IX of the

 4  State Constitution.--

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

 6  shall pay to the district school superintendent a reasonable

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

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

 9         (f)  The educational qualifications and, professional

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

11  district school superintendent.

12         Section 21.  Subsection (8) of section 1001.74, Florida

13  Statutes, is amended to read:

14         1001.74  Powers and duties of university boards of

15  trustees.--

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

17  divisions of sponsored research pursuant to the provisions of

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

19  and promotion of the programs of research.

20         Section 22.  Subsection (2) of section 1002.01, Florida

21  Statutes, is amended to read:

22         1002.01  Definitions.--

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

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

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

26  that designates itself as an educational center that includes

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

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

29  any organization that provides instructional services that

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

31  preemployment or supplementary training in technology or in


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

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

 3  combination of the above, including an institution that

 4  performs the functions of the above schools through

 5  correspondence or extension, except those licensed under the

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

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

 8  school. This definition does not include home education

 9  programs conducted in accordance with s. 1002.41.

10         Section 23.  Paragraph (a) of subsection (3) and

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

12  Statutes, are amended to read:

13         1002.32  Developmental research (laboratory) schools.--

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

15  provision of a vehicle for the conduct of research,

16  demonstration, and evaluation regarding management, teaching,

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

18  shall embody the goals and standards established pursuant to

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

20  education for its students.

21         (a)  Each lab school shall emphasize mathematics,

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

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

24  such specialized subjects by using the resources available on

25  a state university campus, while also providing an education

26  in nonspecialized subjects. Each lab school shall provide

27  sequential elementary and secondary instruction where

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

29  levels higher than grade 12 without authorization from the

30  State Board of Education. Each lab developmental research

31  


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 1  school shall develop and implement a school improvement plan

 2  pursuant to s. 1003.02(3).

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

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

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

 6  the following exceptions shall be permitted for lab schools:

 7         (a)  The methods and requirements of the following

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

 9  1001.31; 1001.32; 1001.33; 1001.34; 1001.35; 1001.36;

10  1001.361; 1001.362; 1001.363; 1001.37; 1001.371; 1001.372;

11  1001.38; 1001.39; 1001.395; 1001.40; 1001.41; 1001.44;

12  1001.453; 1001.46; 1001.461; 1001.462; 1001.463; 1001.464;

13  1001.47; 1001.48; 1001.49; 1001.50; 1001.51; 1006.12(1);

14  1006.21(3), (4); 1006.23; 1010.07(2); 1010.40; 1010.41;

15  1010.42; 1010.43; 1010.44; 1010.45; 1010.46; 1010.47; 1010.48;

16  1010.49; 1010.50; 1010.51; 1010.52; 1010.53; 1010.54; 1010.55;

17  1011.02(1)-(3), (5); 1011.04; 1011.20; 1011.21; 1011.22;

18  1011.23; 1011.71; 1011.72; 1011.73; and 1011.74; and 1013.77.

19         Section 24.  Paragraph (c) of subsection (21) of

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

21         1002.33  Charter schools.--

22         (21)  SERVICES.--

23         (c)  Transportation of charter school students shall be

24  provided by the charter school consistent with the

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

26  The governing body of the charter school may provide

27  transportation through an agreement or contract with the

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

29  charter school and the sponsor shall cooperate in making

30  arrangements that ensure that transportation is not a barrier

31  


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 1  to equal access for all students residing within a reasonable

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

 3         Section 25.  Subsection (14) of section 1002.42,

 4  Florida Statutes, is amended to read:

 5         1002.42  Private schools.--

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

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

 8  training program, if the district school board makes the

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

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

11  Statutes, is amended to read:

12         1002.43  Private tutoring programs.--

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

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

15  tutoring program if the person tutoring the student meets the

16  following requirements:

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

18  subjects or grades in which instruction is given.

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

20  by the state and district school board and makes regular

21  reports on the attendance of students in accordance with the

22  provisions of s. 1003.23(2).

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

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

25         Section 27.  Paragraph (a) of subsection (7) of section

26  1003.63, Florida Statutes, is amended to read:

27         1003.63  Deregulated public schools pilot program.--

28         (7)  EXEMPTION FROM STATUTES.--

29         (a)  A deregulated public school shall operate in

30  accordance with its proposal and shall be exempt from all

31  statutes of the Florida K-20 Education Code, except those


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 1  pertaining to civil rights and student health, safety, and

 2  welfare, or as otherwise required by this section. A

 3  deregulated public school shall not be exempt from the

 4  following statutes: chapter 119, relating to public records,

 5  and s. 286.011, relating to public meetings and records,

 6  public inspection, and penalties. The school district, upon

 7  request of a deregulated public school, may apply to the State

 8  Board of Education for a waiver of provisions of law

 9  applicable to deregulated public schools under this section,

10  except that the provisions of chapter 1010 or chapter 1011

11  shall not be eligible for waiver if the waiver would affect

12  funding allocations or create inequity in public school

13  funding. The State Board of Education may grant the waiver if

14  necessary to implement the school program.

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

16  Statutes, is amended to read:

17         1004.24  State Board of Education authorized to secure

18  liability insurance.--

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

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

21  postaudit of its financial accounts to be conducted by an

22  independent certified public accountant. The annual audit

23  report must include a management letter and shall be submitted

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

25  Education shall have the authority to require and receive from

26  the self-insurance program council or from its independent

27  auditor any detail or supplemental data relative to the

28  operation of the self-insurance program.

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

30  Statutes, is amended to read:

31         1004.26  University student governments.--


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

 2  university at which it is established. Each university board

 3  of trustees shall approve the internal procedures of student

 4  government organizations pursuant to s. 1001.74(10)(i). Each

 5  state university president shall provide purchasing,

 6  contracting, and budgetary review processes for student

 7  government organizations pursuant to s. 1001.75(15). If an

 8  internal procedure of the university student government is

 9  disapproved by the university president under s. 229.0082(15),

10  a member of the university board of trustees may request a

11  review of the disapproved procedure at the next meeting of the

12  board of trustees.

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

14  1004.445, Florida Statutes, is amended to read:

15         1004.445  Florida Alzheimer's Center and Research

16  Institute.--

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

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

19  following:

20         (d)  Preparation of an annual financial audit pursuant

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

22  financial accounts and the financial accounts of any

23  subsidiaries to be conducted by an independent certified

24  public accountant. The annual audit report shall include

25  management letters and shall be submitted to the Auditor

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

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

28  Program Policy Analysis and Government Accountability shall

29  have the authority to require and receive from the

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

31  independent auditor, any detail or supplemental data relative


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

 2  subsidiary.

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

 4  Statutes, is amended to read:

 5         1005.04  Fair consumer practices.--

 6         (1)  Every institution that is under the jurisdiction

 7  of the commission or is exempt from the jurisdiction or

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

 9  and that either directly or indirectly solicits for enrollment

10  any student shall:

11         (a)  Disclose to each prospective student a statement

12  of the purpose of such institution, its educational programs

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

14  status regarding licensure, its fee schedule and policies

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

16  statement regarding the transferability of credits to and from

17  other institutions. The institution shall make the required

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

19  collection of any tuition from the prospective student. The

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

21  catalog;.

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

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

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

25  applied;

26         (c)  Inform each student accurately about financial

27  assistance and obligations for repayment of loans; describe

28  any employment placement services provided and the limitations

29  thereof; and refrain from promising or implying guaranteed

30  placement, market availability, or salary amounts;

31  


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 1         (d)  Provide to prospective and enrolled students

 2  accurate information regarding the relationship of its

 3  programs to state licensure requirements for practicing

 4  related occupations and professions in Florida;

 5         (e)  Ensure that all advertisements are accurate and

 6  not misleading;

 7         (f)  Publish and follow an equitable prorated refund

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

 9  guidelines for students receiving federal financial assistance

10  and the minimum refund guidelines set by commission rule;

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

12  that require annual reporting with respect to crime statistics

13  and physical plant safety and make those reports available to

14  the public; and

15         (h)  Publish and follow procedures for handling student

16  complaints, disciplinary actions, and appeals.

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

18  Statutes, is amended to read:

19         1006.14  Secret societies prohibited in public K-12

20  schools.--

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

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

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

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

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

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

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

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

29  organization fostered and promoted by the school authorities,;

30  or approved and accepted by the school authorities and whose

31  


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

 2  scholarship, leadership ability, and achievement.

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

 4  1006.21, Florida Statutes, are amended to read:

 5         1006.21  Duties of district school superintendent and

 6  district school board regarding transportation.--

 7         (1)  The district school superintendent shall ascertain

 8  which students should be transported to school or to school

 9  activities, determine the most effective arrangement of

10  transportation routes to accommodate these students; recommend

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

12  procedures for providing facilities for the economical and

13  safe transportation of students; recommend such rules and

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

15  regulations relating to the transportation of students

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

17  regulations of the State Board of Education, are properly

18  carried into effect, as prescribed in this chapter.

19         (2)  After considering recommendations of the district

20  school superintendent, the district school board shall make

21  provision for the transportation of students to the public

22  schools or school activities they are required or expected to

23  attend; authorize transportation routes arranged efficiently

24  and economically; provide the necessary transportation

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

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

27  limited subsistence in lieu thereof; and adopt the necessary

28  rules and regulations to ensure safety, economy, and

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

30  this chapter.

31  


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

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

 3  amended to read:

 4         1007.21  Readiness for postsecondary education and the

 5  workplace.--

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

 7  and parents set early achievement and career goals for the

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

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

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

11  postsecondary education and the workplace. If such a program

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

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

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

15  partners with school personnel in educational choice. Clear

16  academic course expectations shall be made available to all

17  students by allowing both student and parent or guardian

18  choice.

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

20  parents shall be active participants in choosing an

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

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

23  be available with bridges between destinations to enable

24  students to shift destinations should they choose to change

25  goals. The destinations shall accommodate the needs of

26  students served in exceptional education programs to the

27  extent appropriate for individual students. Exceptional

28  education students may continue to follow the courses outlined

29  in the district school board student progression plan.

30  Participating students and their parents shall choose among

31  destinations, which must include:


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

 2  plus university, or military academy.

 3         2.  Two-year postsecondary degree.

 4         3.  Postsecondary career and technical certificate.

 5         4.  Immediate employment or entry-level military.

 6         (b)  The student progression model toward a chosen

 7  destination shall include:

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

 9  destinations provided in paragraph (a).

10         2.  A recommended group of electives which shall help

11  define each path.

12         3.  Provisions for a teacher, school administrator,

13  other school staff member, or community volunteer to be

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

15  guardian involvement is lacking.

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

17  Statutes, is amended to read:

18         1008.37  Postsecondary feedback of information to high

19  schools.--

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

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

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

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

24  graduates who enrolled for the first time in public

25  postsecondary education in this state during the previous

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

27  students whose scores on the common placement test indicated

28  the need for remediation through college-preparatory or

29  vocational-preparatory instruction pursuant to s. 1004.91 or

30  s. 1008.30.

31  


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

 2  Statutes, is amended to read:

 3         1009.29  Increased fees for funding financial aid

 4  program.--

 5         (1)  Student tuition and registration fees at each

 6  state university and community college shall include up to

 7  $4.68 per quarter, or $7.02 per semester, per full-time

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

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

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

11  debt service coverage requirements of the student loan revenue

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

13  Finance of the State Board of Administration Education and the

14  Commissioner of Education determine that such fees are no

15  longer required as security for revenue bonds issued pursuant

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

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

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

19  establish a financial aid data processing system for the state

20  universities incorporating the necessary features to meet the

21  needs of all 11 nine universities for application through

22  disbursement processing, shall be reallocated to the

23  generating institutions to be used for student financial aid

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

25  grants for educational purposes. Upon such determination, such

26  fees shall no longer be assessed and collected.

27         Section 37.  Paragraph (e) of subsection (1) of section

28  1009.531, Florida Statutes, is amended to read:

29         1009.531  Florida Bright Futures Scholarship Program;

30  student eligibility requirements for initial awards.--

31  


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    CS for SB 1772                                 First Engrossed



 1         (1)  To be eligible for an initial award from any of

 2  the three types of scholarships under the Florida Bright

 3  Futures Scholarship Program, a student must:

 4         (e)  Not have been found guilty of, or pled plead nolo

 5  contendere to, a felony charge, unless the student has been

 6  granted clemency by the Governor and Cabinet sitting as the

 7  Executive Office of Clemency.

 8         Section 38.  Subsection (1) of section 1009.534,

 9  Florida Statutes, is amended to read:

10         1009.534  Florida Academic Scholars award.--

11         (1)  A student is eligible for a Florida Academic

12  Scholars award if the student meets the general eligibility

13  requirements for the Florida Bright Futures Scholarship

14  Program and the student:

15         (a)  Has achieved a 3.5 weighted grade point average as

16  calculated pursuant to s. 1009.531, or its equivalent, in high

17  school courses that are designated by the State Board of

18  Education as college-preparatory academic courses; and has

19  attained at least the score identified by rules of the State

20  Board of Education on the combined verbal and quantitative

21  parts of the Scholastic Aptitude Test, the Scholastic

22  Assessment Test, or the recentered Scholastic Assessment Test

23  of the College Entrance Examination, or an equivalent score on

24  the ACT Assessment Program; or

25         (b)  Has attended a home education program according to

26  s. 1002.41 during grades 11 and 12 or has completed the

27  International Baccalaureate curriculum but failed to earn the

28  International Baccalaureate Diploma, and has attained at least

29  the score identified by rules of the State Board Department of

30  Education on the combined verbal and quantitative parts of the

31  Scholastic Aptitude Test, the Scholastic Assessment Test, or


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 1  the recentered Scholastic Assessment Test of the College

 2  Entrance Examination, or an equivalent score on the ACT

 3  Assessment Program; or

 4         (c)  Has been awarded an International Baccalaureate

 5  Diploma from the International Baccalaureate Office; or

 6         (d)  Has been recognized by the merit or achievement

 7  programs of the National Merit Scholarship Corporation as a

 8  scholar or finalist; or

 9         (e)  Has been recognized by the National Hispanic

10  Recognition Program as a scholar recipient.

11  

12  A student must complete a program of community service work,

13  as approved by the district school board or the administrators

14  of a nonpublic school, which shall include a minimum of 75

15  hours of service work and require the student to identify a

16  social problem that interests him or her, develop a plan for

17  his or her personal involvement in addressing the problem,

18  and, through papers or other presentations, evaluate and

19  reflect upon his or her experience.

20         Section 39.  Subsection (1) of section 1009.535,

21  Florida Statutes, is amended to read:

22         1009.535  Florida Medallion Scholars award.--

23         (1)  A student is eligible for a Florida Medallion

24  Scholars award if the student meets the general eligibility

25  requirements for the Florida Bright Futures Scholarship

26  Program and the student:

27         (a)  Has achieved a weighted grade point average of 3.0

28  as calculated pursuant to s. 1009.531, or the equivalent, in

29  high school courses that are designated by the State Board of

30  Education as college-preparatory academic courses; and has

31  attained at least the score identified by rules of the State


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    CS for SB 1772                                 First Engrossed



 1  Board of Education on the combined verbal and quantitative

 2  parts of the Scholastic Aptitude Test, the Scholastic

 3  Assessment Test, or the recentered Scholastic Assessment Test

 4  of the College Entrance Examination, or an equivalent score on

 5  the ACT Assessment Program; or

 6         (b)  Has attended a home education program according to

 7  s. 1002.41 during grades 11 and 12 or has completed the

 8  International Baccalaureate curriculum but failed to earn the

 9  International Baccalaureate Diploma, and has attained at least

10  the score identified by rules of the State Board Department of

11  Education on the combined verbal and quantitative parts of the

12  Scholastic Aptitude Test, the Scholastic Assessment Test, or

13  the recentered Scholastic Assessment Test of the College

14  Entrance Examination, or an equivalent score on the ACT

15  Assessment Program; or

16         (c)  Has been recognized by the merit or achievement

17  program of the National Merit Scholarship Corporation as a

18  scholar or finalist but has not completed a program of

19  community service as provided in s. 1009.534; or

20         (d)  Has been recognized by the National Hispanic

21  Recognition Program as a scholar, but has not completed a

22  program of community service as provided in s. 1009.534.

23         Section 40.  Paragraph (b) of subsection (3) and

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

25  amended to read:

26         1009.539  Florida Bright Futures Scholarship Testing

27  Program.--

28         (3)

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

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

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


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    CS for SB 1772                                 First Engrossed



 1  for a Florida Academic Scholars award or a Florida Medallion

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

 3  community college or state university shall, prior to

 4  registering for courses that may be earned through a CLEP

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

 6  academic year, complete at least five examinations from those

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

 8  humanities; mathematics; natural sciences; and social

 9  sciences. Successful completion of dual enrollment courses,

10  Advanced Placement examinations, and International

11  Baccalaureate examinations taken prior to high school

12  graduation satisfy this requirement. The State Board of

13  Education Articulation Coordinating Committee shall identify

14  the examinations that satisfy each component of this

15  requirement. This paragraph expires July 1, 2003.

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

17  apply toward the 120 hours of college credit required pursuant

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

19         Section 41.  Section 1009.765, Florida Statutes, is

20  amended to read:

21         1009.765  Ethics in Business scholarships for community

22  colleges and independent postsecondary educational

23  institutions.--When the Department of Insurance receives a $6

24  million settlement as specified in the Consent Order of the

25  Treasurer and Insurance Commissioner, case number 18900-96-c,

26  that portion of the $6 million not used to satisfy the

27  requirements of section 18 of the Consent Order must be

28  transferred from the Insurance Commissioner's Regulatory Trust

29  Fund to the State Student Financial Assistance Trust Fund is

30  appropriated from the State Student Financial Assistance Trust

31  Fund to provide Ethics in Business scholarships to students


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 1  enrolled in public community colleges and independent

 2  postsecondary educational institutions eligible to participate

 3  in the William L. Boyd, IV, Florida Resident Access Grant

 4  Program under s. 1009.89. The funds shall be allocated to

 5  institutions for scholarships in the following ratio:

 6  Two-thirds for community colleges and one-third for eligible

 7  independent institutions. The Department of Education shall

 8  administer the scholarship program for students attending

 9  community colleges and independent institutions. These funds

10  must be allocated to institutions that provide an equal amount

11  of matching funds generated by private donors for the purpose

12  of providing Ethics in Business scholarships. Public funds may

13  not be used to provide the match, nor may funds collected for

14  other purposes. Notwithstanding any other provision of law,

15  the State Board of Administration shall have the authority to

16  invest the funds appropriated under this section. The State

17  Board Department of Education may adopt rules for

18  administration of the program.

19         Section 42.  Subsection (7) of section 1009.77, Florida

20  Statutes, is amended to read:

21         1009.77  Florida Work Experience Program.--

22         (7)  The State Board Department of Education shall

23  prescribe such rules for the program as are necessary for its

24  administration, for the determination of eligibility and

25  selection of institutions to receive funds for students, to

26  ensure the proper expenditure of funds, and to provide an

27  equitable distribution of funds between students at public and

28  independent colleges and universities.

29         Section 43.  Section 1010.75, Florida Statutes, is

30  amended to read:

31  


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    CS for SB 1772                                 First Engrossed



 1         1010.75  Teacher Certification Examination Trust

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

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

 4  Department of Education to the Treasurer for deposit into and

 5  disbursed from for the "Teacher Certification Examination

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

 7         Section 44.  Subsection (2) of section 1011.60, Florida

 8  Statutes, is amended to read:

 9         1011.60  Minimum requirements of the Florida Education

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

11  state appropriations for the Florida Education Finance Program

12  shall provide evidence of its effort to maintain an adequate

13  school program throughout the district and shall meet at least

14  the following requirements:

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

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

17  1003.01(14) or the equivalent on an hourly basis as specified

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

19  State Board of Education may prescribe procedures for

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

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

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

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

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

25  the discretion of the Commissioner of Education and if the

26  board determines that the reduction of school days is caused

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

28  district or districts in proportion to the decrease in the

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

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

31  may not be considered an emergency.


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    CS for SB 1772                                 First Engrossed



 1         Section 45.  Paragraph (i) of subsection (1) of section

 2  1011.62, Florida Statutes, is amended to read:

 3         1011.62  Funds for operation of schools.--If the annual

 4  allocation from the Florida Education Finance Program to each

 5  district for operation of schools is not determined in the

 6  annual appropriations act or the substantive bill implementing

 7  the annual appropriations act, it shall be determined as

 8  follows:

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

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

11  determining the annual allocation to each district for

12  operation:

13         (i)  Calculation of full-time equivalent membership

14  with respect to instruction from community colleges or state

15  universities.--Students enrolled in community college or

16  university dual enrollment instruction pursuant to s. 1007.271

17  may be included in calculations of full-time equivalent

18  student memberships for basic programs for grades 9 through 12

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

20  calculated as the proportional shares of full-time equivalent

21  enrollments they generate for the community college or

22  university conducting the dual enrollment instruction. Early

23  admission students shall be considered dual enrollments for

24  funding purposes. Students may be enrolled in dual enrollment

25  instruction provided by an eligible independent college or

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

27  equivalent student memberships for basic programs for grades 9

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

29  provisions of law which exempt dual enrolled and early

30  admission students from payment of instructional materials and

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


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    CS for SB 1772                                 First Engrossed



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

 2  independent institution. An independent college or university

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

 4  is accredited by the Commission on Colleges of the Southern

 5  Association of Colleges and Schools or the Accrediting Council

 6  for Commission of the Association of Independent Colleges and

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

 8  shall be eligible for inclusion in the dual enrollment or

 9  early admission program. Students enrolled in dual enrollment

10  instruction shall be exempt from the payment of tuition and

11  fees, including laboratory fees. No student enrolled in

12  college credit mathematics or English dual enrollment

13  instruction shall be funded as a dual enrollment unless the

14  student has successfully completed the relevant section of the

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

16         Section 46.  Subsections (1) and (3) of section

17  1012.21, Florida Statutes, are amended to read:

18         1012.21  Department of Education duties; K-12

19  personnel.--

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

21  cooperation with the Florida Department of Law Enforcement,

22  the department of Education may periodically perform criminal

23  history record checks on individuals who hold a certificate

24  pursuant to s. 1012.56 or s. 1012.57.

25         (3)  SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE

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

27  shall allow applicants for new or renewal certificates and

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

29  child support agency pursuant to s. 409.2598 to assure

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

31  409.2554.  The purpose of this section is to promote the


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    CS for SB 1772                                 First Engrossed



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

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

 3  application of any applicant found to have a delinquent

 4  support obligation. The department shall issue or reinstate

 5  the certificate without additional charge to the

 6  certificateholder when notified by the court that the

 7  certificateholder has complied with the terms of the court

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

 9  certificate denial or suspension resulting from the discharge

10  of its duties under this section.

11         Section 47.  Paragraph (a) of subsection (1) and

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

13  Statutes, are amended to read:

14         1012.585  Process for renewal of professional

15  certificates.--

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

17  renew state-issued professional certificates as follows:

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

19  professional certificates for individuals who hold a

20  professional certificate by this state and are employed by

21  that district pursuant to criteria established in subsections

22  (2), (3), and (4) and rules of the State Board of Education.

23         2.  The employing school district may charge the

24  individual an application fee not to exceed the amount charged

25  by the Department of Education for such services, including

26  associated late renewal fees.  Each district school board

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

28  established by the State Board of Education for each renewed

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

30  maintenance and operation of the statewide certification

31  database and for the actual costs incurred in printing and


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    CS for SB 1772                                 First Engrossed



 1  mailing such renewed certificates. As defined in current rules

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

 3  of such fee for purposes of funding the Educator Recovery

 4  Network established in s. 1012.798. The department shall

 5  deposit all funds into the Educational Certification and

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

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

 8  following requirements must be met:

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

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

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

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

13  hours or equivalent inservice points in the specialization

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

15  1004.04(5)(b) and credits or points that provide training in

16  the area of exceptional student education, normal child

17  development, and the disorders of development may be applied

18  toward any specialization area. Credits or points that provide

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

20  strategies in teaching students having limited proficiency in

21  English, or dropout prevention, or training in areas

22  identified in the educational goals and performance standards

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

24  applied toward any specialization area. Credits or points

25  earned through approved summer institutes may be applied

26  toward the fulfillment of these requirements. Inservice points

27  may also be earned by participation in professional growth

28  components approved by the State Board of Education and

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

30  master plan for inservice educational training, including, but

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


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    CS for SB 1772                                 First Engrossed



 1  training activity, serving on an instructional materials

 2  committee or a state board or commission that deals with

 3  educational issues, or serving on an advisory council created

 4  pursuant to s. 1001.452.

 5         Section 48.  Section 1012.62, Florida Statutes, is

 6  amended to read:

 7         1012.62  Transfer of sick leave and annual leave.--In

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

 9  1001.42(4)(m) 1001.42(4)(n), educational personnel in

10  Department of Children and Family Services residential care

11  facilities who are employed by a district school board may

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

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

14  to the maximum allowed by policies of the district school

15  board, notwithstanding the provisions of s. 110.122.

16  Educational personnel in Department of Children and Family

17  Services residential care facilities who are employed by a

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

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

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

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

22  district eligible to accrue vacation leave under policies of

23  the district school board.

24         Section 49.  Paragraphs (b) and (c) of subsection (2)

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

26         1012.74  Florida educators professional liability

27  insurance protection.--

28         (2)

29         (b)  Educator professional liability coverage shall be

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

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


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    CS for SB 1772                                 First Engrossed



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

 2  participate in the state-provided program.

 3         (c)  Educator professional liability coverage shall be

 4  extended at cost to all administrative personnel, as defined

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

 6  the state-provided program.

 7         Section 50.  Paragraph (b) of subsection (7) of section

 8  1012.79, Florida Statutes, is amended to read:

 9         1012.79  Education Practices Commission;

10  organization.--

11         (7)  The duties and responsibilities of the commission

12  are to:

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

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

15  1012.796.

16         Section 51.  Subsection (2) of section 1012.795,

17  Florida Statutes, is amended to read:

18         1012.795  Education Practices Commission; authority to

19  discipline.--

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

21  guilty by any court, the forfeiture by the teaching

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

23  written acknowledgment, duly witnessed, of offenses listed in

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

25  appointed representative of such superintendent or to the

26  district school board shall be prima facie proof of grounds

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

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

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

30  caused by threats, coercion, or fraudulent means.

31  


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 1         Section 52.  Paragraph (c) of subsection (1) and

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

 3  amended to read:

 4         1012.796  Complaints against teachers and

 5  administrators; procedure; penalties.--

 6         (1)

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

 8  the department all legally sufficient complaints within 30

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

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

11  district shall include all information relating to the

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

13  filing. Each district school board shall develop policies and

14  procedures to comply with this reporting requirement. The

15  district school board policies and procedures shall include

16  appropriate penalties for all personnel of the district school

17  board for nonreporting and procedures for promptly informing

18  the district school superintendent of each legally sufficient

19  complaint. The district school superintendent is charged with

20  knowledge of these policies and procedures.  If the district

21  school superintendent has knowledge of a legally sufficient

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

23  enforce the policies and procedures of the district school

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

25  subsection, in addition to other actions against

26  certificateholders authorized by law, the district school

27  superintendent shall be subject to penalties as specified in

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

29  or restrict the power and duty of the department to

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

31  


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    CS for SB 1772                                 First Engrossed



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

 2  failure to file, complaints and followup reports.

 3         (4)  The complaint and all information obtained

 4  pursuant to the investigation by the department shall be

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

 6  until the conclusion of the preliminary investigation of the

 7  complaint, until such time as the preliminary investigation

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

 9  by s. 1012.798 s. 1012.798(6). However, the complaint and all

10  material assembled during the investigation may be inspected

11  and copied by the certificateholder under investigation, or

12  the certificateholder's designee, after the investigation is

13  concluded, but prior to the determination of probable cause by

14  the commissioner. If the preliminary investigation is

15  concluded with the finding that there is no probable cause to

16  proceed, the complaint and information shall be open

17  thereafter to inspection pursuant to s. 119.07(1). If the

18  preliminary investigation is concluded with the finding that

19  there is probable cause to proceed and a complaint is filed

20  pursuant to subsection (6), the complaint and information

21  shall be open thereafter to inspection pursuant to s.

22  119.07(1). If the preliminary investigation ceases to be

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

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

25  otherwise provided pursuant to s. 1012.798 s. 1012.798(6). For

26  the purpose of this subsection, a preliminary investigation

27  shall be considered active as long as it is continuing with a

28  reasonable, good faith anticipation that an administrative

29  finding will be made in the foreseeable future.

30         Section 53.  Paragraph (b) of subsection (4) of section

31  1012.98, Florida Statutes, is amended to read:


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    CS for SB 1772                                 First Engrossed



 1         1012.98  School Community Professional Development

 2  Act.--

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

 4  schools, community colleges, and state universities share the

 5  responsibilities described in this section. These

 6  responsibilities include the following:

 7         (b)  Each school district shall develop a professional

 8  development system. The system shall be developed in

 9  consultation with teachers and representatives of community

10  college and state university faculty, community agencies, and

11  other interested citizen groups to establish policy and

12  procedures to guide the operation of the district professional

13  development program.  The professional development system

14  must:

15         1.  Be approved by the department. All substantial

16  revisions to the system shall be submitted to the department

17  for review for continued approval.

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

19  discipline data; school environment surveys; assessments of

20  parental satisfaction; performance appraisal data of teachers,

21  managers, and administrative personnel; and other performance

22  indicators to identify school and student needs that can be

23  met by improved professional performance.

24         3.  Provide inservice activities coupled with followup

25  support that are appropriate to accomplish district-level and

26  school-level improvement goals and standards. The inservice

27  activities for instructional personnel shall primarily focus

28  on subject content and teaching methods, including technology,

29  as related to the Sunshine State Standards, assessment and

30  data analysis, classroom management, and school safety.

31  


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 1         4.  Include a master plan for inservice activities,

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

 3  district employees from all fund sources. The master plan

 4  shall be updated annually by September 1 using criteria for

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

 6  Education. Written verification that the inservice plan meets

 7  all requirements of this section must be submitted annually to

 8  the commissioner by October 1.

 9         5.  Require each school principal to establish and

10  maintain an individual professional development plan for each

11  instructional employee assigned to the school. The individual

12  professional development plan must:

13         a.  Be related to specific performance data for the

14  students to whom the teacher is assigned.

15         b.  Define the inservice objectives and specific

16  measurable improvements expected in student performance as a

17  result of the inservice activity.

18         c.  Include an evaluation component that determines the

19  effectiveness of the professional development plan.

20         6.  Include inservice activities for school

21  administrative personnel that address updated skills necessary

22  for effective school management and instructional leadership.

23         7.  Provide for systematic consultation with regional

24  and state personnel designated to provide technical assistance

25  and evaluation of local professional development programs.

26         8.  Provide for delivery of professional development by

27  distance learning and other technology-based delivery systems

28  to reach more educators at lower costs.

29         9.  Provide for the continuous evaluation of the

30  quality and effectiveness of professional development programs

31  in order to eliminate ineffective programs and strategies and


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    CS for SB 1772                                 First Engrossed



 1  to expand effective ones. Evaluations must consider the impact

 2  of such activities on the performance of participating

 3  educators and their students' achievement and behavior.

 4         Section 54.  Subsection (6) of section 1013.73, Florida

 5  Statutes, is amended to read:

 6         1013.73  Effort index grants for school district

 7  facilities.--

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

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

10  board certifies to the Commissioner of Education that the

11  district has no unmet need for permanent classroom facilities

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

13  contains such unmet needs, the district must use its

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

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

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

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

18         Section 55.  Subsection (1) of section 1013.74, Florida

19  Statutes, is amended to read:

20         1013.74  University authorization for fixed capital

21  outlay projects.--

22         (1)  Notwithstanding the provisions of chapter 216,

23  including s. 216.351, a university may accomplish fixed

24  capital outlay projects consistent with the provisions of this

25  section. Projects authorized by this section shall not require

26  educational plant survey approval as prescribed in this

27  chapter 235.

28         Section 56.  Subsection (19) of section 1001.74,

29  Florida Statutes, is amended to read:

30         1001.74 Powers and duties of university boards of

31  trustees.--


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    CS for SB 1772                                 First Engrossed



 1         (19)  Each board of trustees shall establish the

 2  personnel program for all employees of the university,

 3  including the president, pursuant to the provisions of chapter

 4  1012 and, in accordance with rules and guidelines of the State

 5  Board of Education, including:  compensation and other

 6  conditions of employment, recruitment and selection,

 7  nonreappointment, standards for performance and conduct,

 8  evaluation, benefits and hours of work, leave policies,

 9  recognition and awards, inventions and works, travel, learning

10  opportunities, exchange programs, academic freedom and

11  responsibility, promotion, assignment, demotion, transfer,

12  tenure and permanent status, ethical obligations and conflicts

13  of interest, restrictive covenants, disciplinary actions,

14  complaints, appeals and grievance procedures, and separation

15  and termination from employment.  The Department of Management

16  Services shall retain authority over state university

17  employees for programs established in ss. 110.123, 110.161,

18  110.1232, 110.1234, and 110.1238 and in chapters 121, 122, and

19  238.

20         Section 57.  Subsection (2) of section 110.161, Florida

21  Statutes, is amended to read:

22         110.161  State employees; pretax benefits program.--

23         (2)  As used in this section, "employee" means any

24  individual filling an authorized and established position in

25  the executive, legislative, or judicial branch of the state,

26  including the employees of the State Board of Administration

27  and the state universities.

28         Section 58.  This act shall take effect upon becoming a

29  law.

30  

31  


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