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