SENATE AMENDMENT
    Bill No. CS for SB 2296
    Amendment No. ___   Barcode 121788
                            CHAMBER ACTION
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       04/30/2003 04:51 PM         .                    
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11  Senators Constantine and Carlton moved the following amendment
12  :
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14         Senate Amendment (with title amendment) 
15         On page 7, lines 9 & 10, delete those lines
16  
17  and insert:  
18         Section 3.  Paragraph (b) of subsection (3), paragraph
19  (c) of subsection (4), and paragraph (a) of subsection (6) of
20  section 220.187, Florida Statutes, are amended to read:
21         220.187  Credits for contributions to nonprofit
22  scholarship-funding organizations.--
23         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
24  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
25         (b)  The total amount of tax credit which may be
26  granted each state fiscal year under this section is $70 $50
27  million.
28         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT
29  SCHOLARSHIP-FUNDING ORGANIZATIONS.--
30         (c)  The amount of a scholarship provided to any child
31  for any single school year by all eligible nonprofit
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    7:32 PM   04/24/03                               s2296.ed22.1b

SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 scholarship-funding organizations from eligible contributions 2 shall not exceed the following annual limits: 3 1. Beginning in the 2003-2004 school year, $3,500 4 Three thousand five hundred dollars for a scholarship awarded 5 to a student enrolled in an eligible nonpublic school. The 6 amount of the scholarship shall be adjusted annually based on 7 the percentage change in the Consumer Price Index for the 8 prior year. 9 2. Beginning in the 2003-2004 school year, $500 Five 10 hundred dollars for a scholarship awarded to a student 11 enrolled in a Florida public school that is located outside 12 the district in which the student resides. The amount of the 13 scholarship shall be adjusted annually based on the percentage 14 change in the Consumer Price Index for the prior year. 15 (6) ADMINISTRATION; RULES.-- 16 (a) If the credit granted pursuant to this section is 17 not fully used in any one year because of insufficient tax 18 liability on the part of the corporation, the unused amount 19 may not be carried forward for a period not to exceed 3 years. 20 A taxpayer may not convey, assign, or transfer the credit 21 authorized by this section to another entity unless all of the 22 assets of the taxpayer are conveyed, assigned, or transferred 23 in the same transaction. This carryforward applies to all 24 approved contributions made after January 1, 2002. 25 Section 4. Section 220.1875, Florida Statutes, is 26 created to read: 27 220.1875 Credits for contributions to nonprofit 28 scholarship-funding organizations; scholarships for dependent 29 children of active duty personnel in the United States 30 military and all reserve components, including National Guard 31 personnel who have been deployed in support of active duty 2 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 operations.-- 2 (1) PURPOSE.--The purpose of this section is to: 3 (a) Encourage private, voluntary contributions to 4 nonprofit scholarship-funding organizations. 5 (b) Expand educational opportunities for dependent 6 children of active duty personnel in the United States 7 military and all reserve components, including National Guard 8 personnel who have been deployed in support of active duty 9 operations, and whose families have limited financial 10 resources. 11 (c) Enable children in this state to achieve a greater 12 level of excellence in their education. 13 (2) DEFINITIONS.--As used in this section, the term: 14 (a) "Department" means the Department of Revenue. 15 (b) "Eligible contribution" means a monetary 16 contribution from a taxpayer, subject to the restrictions 17 provided in this section, to an eligible nonprofit 18 scholarship-funding organization. The taxpayer making the 19 contribution may not designate a specific child as the 20 beneficiary of the contribution. The taxpayer may not 21 contribute more than $1 million to any single eligible 22 nonprofit scholarship-funding organization. 23 (c) "Eligible nonpublic school" means a nonpublic 24 school located in Florida that offers an education to students 25 in any grades K-12 and that meets the requirements in 26 subsection (5). 27 (d) "Eligible nonprofit scholarship-funding 28 organization" means a charitable organization that is exempt 29 from federal income tax pursuant to s. 501(c)(3) of the 30 Internal Revenue Code and that complies with the provisions of 31 subsection (4). 3 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (e) "Qualified student" means a dependent child of any 2 active duty personnel in the United States military and all 3 reserve components, including National Guard personnel who 4 have been deployed in support of active duty operations, who 5 qualifies for free or reduced-price school lunches under the 6 National School Lunch Act and who: 7 1. Was counted as a full-time equivalent student 8 during the previous state fiscal year for purposes of state 9 per-student funding; 10 2. Received a scholarship from an eligible nonprofit 11 scholarship-funding organization during the previous school 12 year; or 13 3. Is eligible to enter kindergarten or first grade. 14 (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX 15 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- 16 (a) There is allowed a credit of 100 percent of an 17 eligible contribution against any tax due for a taxable year 18 under this chapter. However, such a credit may not exceed 75 19 percent of the tax due under this chapter for the taxable 20 year, after the application of any other allowable credits by 21 the taxpayer. However, at least 5 percent of the total 22 statewide amount authorized for the tax credit shall be 23 reserved for taxpayers who meet the definition of a small 24 business provided in s. 288.703(1) at the time of application. 25 The credit granted by this section shall be reduced by the 26 difference between the amount of federal corporate income tax 27 taking into account the credit granted by this section and the 28 amount of federal corporate income tax without application of 29 the credit granted by this section. 30 (b) The total amount of tax credit which may be 31 granted each state fiscal year under this section is $5 4 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 million. 2 (c) A taxpayer who files a Florida consolidated return 3 as a member of an affiliated group pursuant to s. 220.131(1) 4 may be allowed the credit on a consolidated return basis; 5 however, the total credit taken by the affiliated group is 6 subject to the limitation established under paragraph (a). 7 (4) OBLIGATIONS OF ELIGIBLE NONPROFIT 8 SCHOLARSHIP-FUNDING ORGANIZATIONS.-- 9 (a) An eligible nonprofit scholarship-funding 10 organization shall provide scholarships, from eligible 11 contributions, to qualified students for: 12 1. Tuition or textbook expenses for, or transportation 13 to, an eligible nonpublic school. At least 75 percent of the 14 scholarship funding must be used to pay tuition expenses; or 15 2. Transportation expenses to a Florida public school 16 that is located outside the district in which the student 17 resides. 18 (b) An eligible nonprofit scholarship-funding 19 organization shall give priority to qualified students who 20 received a scholarship from an eligible nonprofit 21 scholarship-funding organization during the previous school 22 year. 23 (c) The amount of a scholarship provided to any child 24 for any single school year by all eligible nonprofit 25 scholarship-funding organizations from eligible contributions 26 shall not exceed the following annual limits: 27 1. Beginning in the 2003-2004 school year, $3,500 for 28 a scholarship awarded to a student enrolled in an eligible 29 nonpublic school. The amount of the scholarship shall be 30 adjusted annually based on the percentage change in the 31 Consumer Price Index for the prior year. 5 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 2. Beginning in the 2003-2004 school year, $500 for a 2 scholarship awarded to a student enrolled in a Florida public 3 school that is located outside the district in which the 4 student resides. The amount of the scholarship shall adjusted 5 annually based on the percentage change in the Consumer Price 6 Index for the prior year. 7 (d) The amount of an eligible contribution which may 8 be accepted by an eligible nonprofit scholarship-funding 9 organization is limited to the amount needed to provide 10 scholarships for qualified students which the organization has 11 identified and for which vacancies in eligible nonpublic 12 schools have been identified. 13 (e) An eligible nonprofit scholarship-funding 14 organization that receives an eligible contribution must spend 15 100 percent of the eligible contribution to provide 16 scholarships in the same state fiscal year in which the 17 contribution was received. An eligible nonprofit 18 scholarship-funding organization may use eligible 19 contributions to provide scholarships to qualified students, 20 pursuant to s. 220.187, after it has served qualified 21 dependent children of active duty personnel in the United 22 States military and all reserve components, including National 23 Guard personnel who have been deployed in support of active 24 duty operations. No portion of eligible contributions may be 25 used for administrative expenses. All interest accrued from 26 contributions must be used for scholarships. 27 (f) An eligible nonprofit scholarship-funding 28 organization that receives eligible contributions must provide 29 to the Auditor General an annual financial and compliance 30 audit of its accounts and records conducted by an independent 31 certified public accountant and in accordance with rules 6 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 adopted by the Auditor General. 2 (g) Payment of the scholarship by the eligible 3 nonprofit scholarship-funding organization shall be by 4 individual warrant or check made payable to the student's 5 parent. If the parent chooses for his or her child to attend 6 an eligible nonpublic school, the warrant or check must be 7 mailed by the eligible nonprofit scholarship-funding 8 organization to the nonpublic school of the parent's choice, 9 and the parent shall restrictively endorse the warrant or 10 check to the nonpublic school. An eligible nonprofit 11 scholarship-funding organization shall ensure that, upon 12 receipt of a scholarship warrant or check, the parent to whom 13 the warrant or check is made restrictively endorses the 14 warrant or check to the nonpublic school of the parent's 15 choice for deposit into the account of the nonpublic school. 16 (5) ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An 17 eligible nonpublic school must: 18 (a) Demonstrate fiscal soundness by being in operation 19 for one school year or provide the Department of Education 20 with a statement by a certified public accountant confirming 21 that the nonpublic school desiring to participate is insured 22 and the owner or owners have sufficient capital or credit to 23 operate the school for the upcoming year serving the number of 24 students anticipated with expected revenues from tuition and 25 other sources that may be reasonably expected. In lieu of such 26 a statement, a surety bond or letter of credit for the amount 27 equal to the scholarship funds for any quarter may be filed 28 with the department. 29 (b) Comply with the antidiscrimination provisions of 30 42 U.S.C. s. 2000d. 31 (c) Meet state and local health and safety laws and 7 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 codes. 2 (d) Comply with all state laws relating to general 3 regulation of nonpublic schools. 4 (6) ADMINISTRATION; RULES.-- 5 (a) If the credit granted pursuant to this section is 6 not fully used in any one year because of insufficient tax 7 liability on the part of the corporation, the unused amount 8 may be carried forward for a period not to exceed 3 years. A 9 taxpayer may not convey, assign, or transfer the credit 10 authorized by this section to another entity unless all of the 11 assets of the taxpayer are conveyed, assigned, or transferred 12 in the same transaction. 13 (b) An application for a tax credit pursuant to this 14 section shall be submitted to the department on forms 15 established by rule of the department. 16 (c) The department and the Department of Education 17 shall develop a cooperative agreement to assist in the 18 administration of this section. The Department of Education 19 shall be responsible for annually submitting, by March 15, to 20 the department a list of eligible nonprofit 21 scholarship-funding organizations that meet the requirements 22 of paragraph (2)(d) and for monitoring eligibility of 23 nonprofit scholarship-funding organizations that meet the 24 requirements of paragraph (2)(d), eligibility of nonpublic 25 schools that meet the requirements of paragraph (2)(c), and 26 eligibility of expenditures under this section as provided in 27 subsection (4). 28 (d) The department shall adopt rules necessary to 29 administer this section, including rules establishing 30 application forms and procedures and governing the allocation 31 of tax credits under this section on a first-come, 8 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 first-served basis. 2 (e) The Department of Education shall adopt rules 3 necessary to determine eligibility of nonprofit 4 scholarship-funding organizations as defined in paragraph 5 (2)(d) and according to the provisions of subsection (4) and 6 identify qualified students as defined in paragraph (2)(e). 7 (7) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible 8 contributions received by an eligible nonprofit 9 scholarship-funding organization shall be deposited in a 10 manner consistent with s. 18.10(2). 11 (8) This section shall apply to tax years beginning on 12 or after January 1, 2003. 13 Section 5. Subsection (8) of section 220.02, Florida 14 Statutes, is amended to read: 15 220.02 Legislative intent.-- 16 (8) It is the intent of the Legislature that credits 17 against either the corporate income tax or the franchise tax 18 be applied in the following order: those enumerated in s. 19 631.828, those enumerated in s. 220.191, those enumerated in 20 s. 220.181, those enumerated in s. 220.183, those enumerated 21 in s. 220.182, those enumerated in s. 220.1895, those 22 enumerated in s. 221.02, those enumerated in s. 220.184, those 23 enumerated in s. 220.186, those enumerated in s. 220.1845, 24 those enumerated in s. 220.19, those enumerated in s. 220.185, 25 and those enumerated in s. 220.187 and those enumerated in s. 26 220.1875. 27 Section 6. Subparagraph (12) is added to paragraph 28 (1)(a) of section 220.13, Florida Statutes, to read: 29 220.13 "Adjusted federal income" defined.-- 30 (1) The term "adjusted federal income" means an amount 31 equal to the taxpayer's taxable income as defined in 9 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 subsection (2), or such taxable income of more than one 2 taxpayer as provided in s. 220.131, for the taxable year, 3 adjusted as follows: 4 (a) Additions.--There shall be added to such taxable 5 income: 6 1. The amount of any tax upon or measured by income, 7 excluding taxes based on gross receipts or revenues, paid or 8 accrued as a liability to the District of Columbia or any 9 state of the United States which is deductible from gross 10 income in the computation of taxable income for the taxable 11 year. 12 2. The amount of interest which is excluded from 13 taxable income under s. 103(a) of the Internal Revenue Code or 14 any other federal law, less the associated expenses disallowed 15 in the computation of taxable income under s. 265 of the 16 Internal Revenue Code or any other law, excluding 60 percent 17 of any amounts included in alternative minimum taxable income, 18 as defined in s. 55(b)(2) of the Internal Revenue Code, if the 19 taxpayer pays tax under s. 220.11(3). 20 3. In the case of a regulated investment company or 21 real estate investment trust, an amount equal to the excess of 22 the net long-term capital gain for the taxable year over the 23 amount of the capital gain dividends attributable to the 24 taxable year. 25 4. That portion of the wages or salaries paid or 26 incurred for the taxable year which is equal to the amount of 27 the credit allowable for the taxable year under s. 220.181. 28 The provisions of this subparagraph shall expire and be void 29 on June 30, 2005. 30 5. That portion of the ad valorem school taxes paid or 31 incurred for the taxable year which is equal to the amount of 10 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 the credit allowable for the taxable year under s. 220.182. 2 The provisions of this subparagraph shall expire and be void 3 on June 30, 2005. 4 6. The amount of emergency excise tax paid or accrued 5 as a liability to this state under chapter 221 which tax is 6 deductible from gross income in the computation of taxable 7 income for the taxable year. 8 7. That portion of assessments to fund a guaranty 9 association incurred for the taxable year which is equal to 10 the amount of the credit allowable for the taxable year. 11 8. In the case of a nonprofit corporation which holds 12 a pari-mutuel permit and which is exempt from federal income 13 tax as a farmers' cooperative, an amount equal to the excess 14 of the gross income attributable to the pari-mutuel operations 15 over the attributable expenses for the taxable year. 16 9. The amount taken as a credit for the taxable year 17 under s. 220.1895. 18 10. Up to nine percent of the eligible basis of any 19 designated project which is equal to the credit allowable for 20 the taxable year under s. 220.185. 21 11. The amount taken as a credit for the taxable year 22 under s. 220.187. 23 The amount taken as a credit for the taxable year under 24 s. 220.1875. 25 (b) Subtractions.-- 26 1. There shall be subtracted from such taxable income: 27 a. The net operating loss deduction allowable for 28 federal income tax purposes under s. 172 of the Internal 29 Revenue Code for the taxable year, 30 b. The net capital loss allowable for federal income 31 tax purposes under s. 1212 of the Internal Revenue Code for 11 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 the taxable year, 2 c. The excess charitable contribution deduction 3 allowable for federal income tax purposes under s. 170(d)(2) 4 of the Internal Revenue Code for the taxable year, and 5 d. The excess contributions deductions allowable for 6 federal income tax purposes under s. 404 of the Internal 7 Revenue Code for the taxable year. 8 9 However, a net operating loss and a capital loss shall never 10 be carried back as a deduction to a prior taxable year, but 11 all deductions attributable to such losses shall be deemed net 12 operating loss carryovers and capital loss carryovers, 13 respectively, and treated in the same manner, to the same 14 extent, and for the same time periods as are prescribed for 15 such carryovers in ss. 172 and 1212, respectively, of the 16 Internal Revenue Code. 17 2. There shall be subtracted from such taxable income 18 any amount to the extent included therein the following: 19 a. Dividends treated as received from sources without 20 the United States, as determined under s. 862 of the Internal 21 Revenue Code. 22 b. All amounts included in taxable income under s. 78 23 or s. 951 of the Internal Revenue Code. 24 25 However, as to any amount subtracted under this subparagraph, 26 there shall be added to such taxable income all expenses 27 deducted on the taxpayer's return for the taxable year which 28 are attributable, directly or indirectly, to such subtracted 29 amount. Further, no amount shall be subtracted with respect to 30 dividends paid or deemed paid by a Domestic International 31 Sales Corporation. 12 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 3. In computing "adjusted federal income" for taxable 2 years beginning after December 31, 1976, there shall be 3 allowed as a deduction the amount of wages and salaries paid 4 or incurred within this state for the taxable year for which 5 no deduction is allowed pursuant to s. 280C(a) of the Internal 6 Revenue Code (relating to credit for employment of certain new 7 employees). 8 4. There shall be subtracted from such taxable income 9 any amount of nonbusiness income included therein. 10 5. There shall be subtracted any amount of taxes of 11 foreign countries allowable as credits for taxable years 12 beginning on or after September 1, 1985, under s. 901 of the 13 Internal Revenue Code to any corporation which derived less 14 than 20 percent of its gross income or loss for its taxable 15 year ended in 1984 from sources within the United States, as 16 described in s. 861(a)(2)(A) of the Internal Revenue Code, not 17 including credits allowed under ss. 902 and 960 of the 18 Internal Revenue Code, withholding taxes on dividends within 19 the meaning of sub-subparagraph 2.a., and withholding taxes on 20 royalties, interest, technical service fees, and capital 21 gains. 22 6. Notwithstanding any other provision of this code, 23 except with respect to amounts subtracted pursuant to 24 subparagraphs 1. and 3., any increment of any apportionment 25 factor which is directly related to an increment of gross 26 receipts or income which is deducted, subtracted, or otherwise 27 excluded in determining adjusted federal income shall be 28 excluded from both the numerator and denominator of such 29 apportionment factor. Further, all valuations made for 30 apportionment factor purposes shall be made on a basis 31 consistent with the taxpayer's method of accounting for 13 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 federal income tax purposes. 2 (c) Installment sales occurring after October 19, 3 1980.-- 4 1. In the case of any disposition made after October 5 19, 1980, the income from an installment sale shall be taken 6 into account for the purposes of this code in the same manner 7 that such income is taken into account for federal income tax 8 purposes. 9 2. Any taxpayer who regularly sells or otherwise 10 disposes of personal property on the installment plan and 11 reports the income therefrom on the installment method for 12 federal income tax purposes under s. 453(a) of the Internal 13 Revenue Code shall report such income in the same manner under 14 this code. 15 (d) Nonallowable deductions.--A deduction for net 16 operating losses, net capital losses, or excess contributions 17 deductions under ss. 170(d)(2), 172, 1212, and 404 of the 18 Internal Revenue Code which has been allowed in a prior 19 taxable year for Florida tax purposes shall not be allowed for 20 Florida tax purposes, notwithstanding the fact that such 21 deduction has not been fully utilized for federal tax 22 purposes. 23 (2) For purposes of this section, a taxpayer's taxable 24 income for the taxable year means taxable income as defined in 25 s. 63 of the Internal Revenue Code and properly reportable for 26 federal income tax purposes for the taxable year, but subject 27 to the limitations set forth in paragraph (1)(b) with respect 28 to the deductions provided by ss. 172 (relating to net 29 operating losses), 170(d)(2) (relating to excess charitable 30 contributions), 404(a)(1)(D) (relating to excess pension trust 31 contributions), 404(a)(3)(A) and (B) (to the extent relating 14 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 to excess stock bonus and profit-sharing trust contributions), 2 and 1212 (relating to capital losses) of the Internal Revenue 3 Code, except that, subject to the same limitations, the term: 4 (a) "Taxable income," in the case of a life insurance 5 company subject to the tax imposed by s. 801 of the Internal 6 Revenue Code, means life insurance company taxable income; 7 however, for purposes of this code, the total of any amounts 8 subject to tax under s. 815(a)(2) of the Internal Revenue Code 9 pursuant to s. 801(c) of the Internal Revenue Code shall not 10 exceed, cumulatively, the total of any amounts determined 11 under s. 815(c)(2) of the Internal Revenue Code of 1954, as 12 amended, from January 1, 1972, to December 31, 1983; 13 (b) "Taxable income," in the case of an insurance 14 company subject to the tax imposed by s. 831(b) of the 15 Internal Revenue Code, means taxable investment income; 16 (c) "Taxable income," in the case of an insurance 17 company subject to the tax imposed by s. 831(a) of the 18 Internal Revenue Code, means insurance company taxable income; 19 (d) "Taxable income," in the case of a regulated 20 investment company subject to the tax imposed by s. 852 of the 21 Internal Revenue Code, means investment company taxable 22 income; 23 (e) "Taxable income," in the case of a real estate 24 investment trust subject to the tax imposed by s. 857 of the 25 Internal Revenue Code, means the income subject to tax, 26 computed as provided in s. 857 of the Internal Revenue Code; 27 (f) "Taxable income," in the case of a corporation 28 which is a member of an affiliated group of corporations 29 filing a consolidated income tax return for the taxable year 30 for federal income tax purposes, means taxable income of such 31 corporation for federal income tax purposes as if such 15 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 corporation had filed a separate federal income tax return for 2 the taxable year and each preceding taxable year for which it 3 was a member of an affiliated group, unless a consolidated 4 return for the taxpayer and others is required or elected 5 under s. 220.131; 6 (g) "Taxable income," in the case of a cooperative 7 corporation or association, means the taxable income of such 8 organization determined in accordance with the provisions of 9 ss. 1381-1388 of the Internal Revenue Code; 10 (h) "Taxable income," in the case of an organization 11 which is exempt from the federal income tax by reason of s. 12 501(a) of the Internal Revenue Code, means its unrelated 13 business taxable income as determined under s. 512 of the 14 Internal Revenue Code; 15 (i) "Taxable income," in the case of a corporation for 16 which there is in effect for the taxable year an election 17 under s. 1362(a) of the Internal Revenue Code, means the 18 amounts subject to tax under s. 1374 or s. 1375 of the 19 Internal Revenue Code for each taxable year; 20 (j) "Taxable income," in the case of a limited 21 liability company, other than a limited liability company 22 classified as a partnership for federal income tax purposes, 23 as defined in and organized pursuant to chapter 608 or 24 qualified to do business in this state as a foreign limited 25 liability company or other than a similar limited liability 26 company classified as a partnership for federal income tax 27 purposes and created as an artificial entity pursuant to the 28 statutes of the United States or any other state, territory, 29 possession, or jurisdiction, if such limited liability company 30 or similar entity is taxable as a corporation for federal 31 income tax purposes, means taxable income determined as if 16 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 such limited liability company were required to file or had 2 filed a federal corporate income tax return under the Internal 3 Revenue Code; 4 (k) "Taxable income," in the case of a taxpayer liable 5 for the alternative minimum tax as defined in s. 55 of the 6 Internal Revenue Code, means the alternative minimum taxable 7 income as defined in s. 55(b)(2) of the Internal Revenue Code, 8 less the exemption amount computed under s. 55(d) of the 9 Internal Revenue Code. A taxpayer is not liable for the 10 alternative minimum tax unless the taxpayer's federal tax 11 return, or related federal consolidated tax return, if 12 included in a consolidated return for federal tax purposes, 13 reflect a liability on the return filed for the alternative 14 minimum tax as defined in s. 55(b)(2) of the Internal Revenue 15 Code; 16 (l) "Taxable income," in the case of a taxpayer whose 17 taxable income is not otherwise defined in this subsection, 18 means the sum of amounts to which a tax rate specified in s. 19 11 of the Internal Revenue Code plus the amount to which a tax 20 rate specified in s. 1201(a)(2) of the Internal Revenue Code 21 are applied for federal income tax purposes. 22 Section 7. Subsections (14) and (15) are added to 23 section 1003.01, Florida Statutes, to read: 24 1003.01 Definitions.--As used in this chapter, the 25 term: 26 (14) "Core-curricula courses" mean courses defined by 27 the Department of Education as mathematics, language 28 arts/reading, science, social studies, foreign language, 29 English for Speakers of Other Languages, exceptional student 30 education, and courses taught in traditional self-contained 31 elementary school classrooms. 17 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (15) "Extracurricular courses" means all courses that 2 are not defined as "core-curricula courses," which may 3 include, but are not limited to, physical education, fine 4 arts, performing fine arts, vocational education, and career 5 and technical education. The term is limited in meaning and 6 used for the sole purpose of designating classes that are not 7 subject to the maximum class size requirements established in 8 s. 1, Art. IX of the State Constitution. 9 Section 8. Section 1003.03, Florida Statutes, is 10 amended to read: 11 (Substantial rewording of section. See 12 s. 1003.03, F.S., for present text.) 13 1003.03 Maximum class size.-- 14 (1) CONSTITUTIONAL CLASS SIZE MAXIMUM.--Pursuant to s. 15 1, Art. IX of the State Constitution, beginning in the 16 2010-2011 school year: 17 (a) The maximum number of students assigned to each 18 teacher who is teaching core-curricula courses in public 19 school classrooms for prekindergarten through grade 3 may not 20 exceed 18 students. 21 (b) The maximum number of students assigned to each 22 teacher who is teaching core-curricula courses in public 23 school classrooms for grades 4 through 8 may not exceed 22 24 students. 25 (c) The maximum number of students assigned to each 26 teacher who is teaching core-curricula courses in public 27 school classrooms for grades 9 through 12 may not exceed 25 28 students. 29 (2) IMPLEMENTATION.-- 30 (a) Beginning with the 2003-2004 fiscal year, each 31 school district that is not in compliance with the maximums in 18 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 subsection (1) shall reduce the average number of students per 2 classroom in each of the following grade groupings: 3 prekindergarten through grade 3, grade 4 through grade 8, and 4 grade 9 through grade 12, by at least two students each year. 5 (b) Determination of the number of students per 6 classroom in paragraph (a) shall be calculated as follows: 7 1. For fiscal years 2003-2004 through 2005-2006, the 8 calculation for compliance for each of the 3 grade groupings 9 shall be the average at the district level. 10 2. For fiscal years 2006-2007 through 2007-2008, the 11 calculation for compliance for each of the 3 grade groupings 12 shall be the average at the school level. 13 3. For fiscal years 2008-2009 and 2009-2010, the 14 calculation for compliance shall be at the individual 15 classroom level. 16 (c) The Department of Education shall annually 17 calculate each of the three average class size measures 18 defined in paragraphs (a) and (b) based upon the October 19 student membership survey. For purposes of determining the 20 baseline from which each district's average class size must be 21 reduced for the 2003-2004 school year, the department shall 22 use data from the February 2003 student membership survey 23 updated to include classroom identification numbers as 24 required by the department. 25 (d) Prior to the adoption of the district school 26 budget for 2003-2004, each district school board shall hold 27 public hearings to review school attendance zones in order to 28 ensure maximum use of facilities while minimizing the 29 additional use of transportation in order to comply with the 30 two-student-per-year reduction required in paragraph (a). 31 School districts that meet the constitutional class size 19 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 maximum described in subsection (1) are exempt from this 2 requirement. 3 (3) IMPLEMENTATION OPTIONS.--District school boards 4 must consider, but are not limited to, implementing the 5 following items in order to meet the constitutional class size 6 maximum described in subsection (1) and the 7 two-student-per-year reduction required in subsection (2): 8 (a) Adopt policies to encourage qualified students to 9 take dual enrollment courses. 10 (b) Adopt policies to encourage students to take 11 courses from the Florida Virtual School. 12 (c) Repeal district school board policies that require 13 students to have more than 24 credits to graduate from high 14 school. 15 (d) Use methods to maximize use of instructional 16 staff, such as changing required teaching loads and scheduling 17 of planning periods, deploying district employees that have 18 professional certification to the classroom, using adjunct 19 educators, or any other method not prohibited by law. 20 (e) Use innovative methods to reduce the cost of 21 school construction by using prototype school designs, using 22 SMART Schools designs, participating in the School 23 Infrastructure Thrift Program, or any other method not 24 prohibited by law. 25 (f) Use joint-use facilities through partnerships with 26 community colleges, state universities, and private colleges 27 and universities. 28 (g) Adopt alternative methods of class scheduling, 29 such as block scheduling. 30 (h) Redraw school attendance zones to maximize use of 31 facilities while minimizing the additional use of 20 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 transportation. 2 (i) Operate schools beyond the normal operating hours 3 to provide classes in the evening or operate more than one 4 session of school during the day. 5 (j) Use year-round schools and other nontraditional 6 calendars that do not adversely impact annual assessment of 7 student achievement. 8 (k) Review and consider amending any collective 9 bargaining contracts that hinder the implementation of class 10 size reduction. 11 (l) Use any other approach not prohibited by law. 12 (4) ACCOUNTABILITY.-- 13 (a) Beginning in the 2003-2004 fiscal year, if the 14 department determines for any year that a school district has 15 not reduced average class size as required in subsection (2) 16 at the time of the third FEFP calculation, the department 17 shall calculate an amount from the class size reduction 18 operating categorical which is proportionate to the amount of 19 class size reduction not accomplished. Upon verification of 20 the department's calculation by the Florida Education Finance 21 Program Appropriation Allocation Conference, the Executive 22 Office of the Governor shall transfer undistributed funds 23 equivalent to the calculated amount from the district's class 24 size reduction operating categorical to an approved fixed 25 capital outlay appropriation for class size reduction in the 26 affected district pursuant to s. 216.292(13). The amount of 27 funds transferred shall be the lesser of the amount verified 28 by the Florida Education Finance Program Appropriation 29 Allocation Conference or the undistributed balance of the 30 district's class size reduction operating categorical. 31 However, based upon a recommendation by the Commissioner of 21 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 Education that the State Board of Education has reviewed 2 evidence indicating that a district has been unable to meet 3 class size reduction requirements despite appropriate effort 4 to do so, the Legislative Budget Commission may approve an 5 alternative amount of funds to be transferred from the 6 district's class size reduction operating categorical to its 7 approved fixed capital outlay account for class size 8 reduction. 9 (b) Beginning in the 2005-2006 school year, the 10 department shall determine by January 15 of each year which 11 districts have not met the two-student-per-year reduction 12 required in subsection (2) based upon a comparison of the 13 district's October student membership survey for the current 14 school year and the February 2003 baseline student membership 15 survey. The department shall report such districts to the 16 Legislature. Each district that has not met the 17 two-student-per-year reduction shall be required to implement 18 one of the following policies in the subsequent school year 19 unless the department finds that the district comes into 20 compliance based upon the February student membership survey: 21 1. Year-round schools; 22 2. Double sessions; 23 3. Extended school year; or 24 4. Rezoning. 25 26 A school district that is required to implement the policies 27 outlined in subparagraphs 1. through 4. shall correct in the 28 year of implementation any past deficiencies and bring the 29 district into compliance with the two-student-per-year 30 reduction goals established for the district by the department 31 pursuant to subsection (2). A school district may choose to 22 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 implement more than one of these policies. The district school 2 superintendent shall report to the Commissioner of Education 3 the extent to which the district implemented any of the 4 policies outlined in subparagraphs 1. through 4. in a format 5 to be specified by the Commissioner of Education. The 6 Department of Education shall use the enforcement authority 7 provided in s. 1008.32, to ensure that districts comply with 8 the provisions of this paragraph. 9 (c) Beginning in the 2006-2007 school year, the 10 department shall annually determine which districts do not 11 meet the requirements described in subsection (2). In addition 12 to enforcement authority provided in s. 1008.32, the 13 Department of Education shall develop a constitutional 14 compliance plan for each such district which includes, but is 15 not limited to, redrawing school attendance zones to maximize 16 use of facilities while minimizing the additional use of 17 transportation unless the department finds that the district 18 comes into compliance based upon the February student 19 membership survey and the other accountability policies listed 20 in paragraph (b). Each district school board shall implement 21 the constitutional compliance plan developed by the state 22 board until the district complies with the constitutional 23 class size maximum. 24 (d) Any district school board that does not comply 25 with the requirements of this section and s. 1, Art. IX of the 26 State Constitution shall be subject to suspension by the 27 Governor pursuant to s. 7, Art. IV of the State Constitution. 28 Section 9. Section 1011.685, Florida Statutes, is 29 created to read: 30 1011.685 Class size reduction; operating categorical 31 fund.-- 23 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (1) There is created an operating categorical fund for 2 implementing the class size reduction provisions of s. 1, Art. 3 IX of the State Constitution. These funds shall be allocated 4 to each school district in the amount prescribed by the 5 Legislature in the General Appropriations Act. 6 (2) Class size reduction operating categorical funds 7 shall be used by school districts for the following: 8 (a) To reduce class size in any lawful manner, if the 9 district has not met the constitutional maximum identified in 10 s. 1003.03(1) or the reduction of two students per year 11 required by s. 1003.03(2). 12 (b) For any lawful operating expenditure, if the 13 district has met the constitutional maximum identified in s. 14 1003.03(1) or the reduction of two students per year required 15 by s. 1003.03(2); however, priority should be given to 16 increase salaries of classroom teachers as defined in s. 17 1012.01(2)(a). 18 Section 10. Section 1013.735, Florida Statutes, is 19 created to read: 20 1013.735 Classrooms for Kids Program.-- 21 (1) ALLOCATION.--The department shall allocate funds 22 appropriated for the Classrooms for Kids Program. It is the 23 intent of the Legislature that this program be administered as 24 nearly as practicable in the same manner as the capital outlay 25 program authorized under s. 9(a), Art. XII of the State 26 Constitution. Each district school board's share of the annual 27 appropriation for the Classrooms for Kids Program must be 28 calculated according to the following formula: 29 (a) Twenty-five percent of the appropriation shall be 30 prorated to the districts based on each district's percentage 31 of base capital outlay full-time equivalent membership, and 65 24 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 percent shall be based on each district's percentage of growth 2 capital outlay full-time equivalent membership as specified 3 for the allocation of funds from the Public Education Capital 4 Outlay and Debt Service Trust Fund by s. 1013.64(3). 5 (b) Ten percent of the appropriation must be allocated 6 among district school boards according to the allocation 7 formula in s. 1013.64(1)(a). 8 (2) DISTRICT PARTICIPATION.--In order to participate 9 in the Classrooms for Kids Program, a district school board 10 shall: 11 (a) Enter into an interlocal agreement pursuant to s. 12 1013.33. 13 (b) Certify that the district's inventory of 14 facilities listed in the Florida Inventory of School Houses is 15 accurate and up-to-date pursuant to s. 1013.31. 16 (3) USE OF FUNDS.--In order to increase capacity to 17 reduce class size, a district school board shall expend the 18 funds received pursuant to this section only to: 19 (a) Construct, renovate, remodel, or repair 20 educational facilities that are in excess of projects 21 identified in the district's 5-year work program adopted prior 22 to March 15, 2003; or 23 (b) Purchase or lease-purchase relocatable facilities 24 that are in excess of relocatables identified in the 25 district's 5-year work program adopted prior to March 15, 26 2003. 27 Section 11. Effective upon this act becoming a law, 28 section 1013.736, Florida Statutes, is created to read: 29 1013.736 District Effort Recognition Program.-- 30 (1) RECOGNITION FUNDS.--From funds appropriated by the 31 Legislature, district effort recognition capital outlay grants 25 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 shall be made to eligible school districts in accordance with 2 the provisions of this section and the General Appropriations 3 Act. The funds appropriated in this section are not subject to 4 the provisions of s. 216.301. 5 (2) ELIGIBILITY.--Annually, the Department of 6 Education shall determine each district's compliance with the 7 provisions of s. 1003.03 and determine the district's 8 eligibility to receive a district effort recognition grant for 9 local school facilities projects pursuant to this section. 10 Districts shall be eligible for a district effort recognition 11 grant based upon participation in any of the following: 12 (a) The district levies a half-cent school capital 13 outlay surtax authorized in s. 212.055(6). 14 (b) The district participates in the levy of the local 15 government infrastructure sales surtax authorized in s. 16 212.055(2). 17 (c) The district levies voted millage for capital 18 outlay purposes as authorized in s. 9, Art. VII of the State 19 Constitution. 20 (3) DISTRICT EFFORT RECOGNITION PROGRAM.--The 21 department shall annually calculate a district effort amount 22 for each district by September 1 after each fiscal year. The 23 total amount of revenue for the prior year from each revenue 24 levied as described in subsection (2) shall be divided by the 25 number of months for which revenue was received and multiplied 26 by the number of authorized months remaining in each voter 27 referendum. The amount so determined for each revenue levied 28 shall be totaled. The Department of Revenue shall report the 29 amount of voter-approved revenue described in paragraphs 30 (2)(a) and (b). The district shall report the amount of 31 revenue described in paragraph (2)(b) identified for district 26 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 fixed capital outlay in the prior fiscal year. To determine 2 the amount of revenue levied pursuant to paragraph (2)(c), the 3 district shall annually report to the department the 4 outstanding debt service by bond series and date of maturity. 5 The total of annual debt service to maturity remaining as of 6 July 1 of each year shall be added to the other revenues 7 levied pursuant to paragraphs (2)(a) and (b) in determining 8 the total district effort amount. Only the amount of 9 voter-approved revenue described in paragraph (2)(b) which has 10 been identified for district fixed capital outlay from the 11 prior fiscal year shall be used in the calculation. 12 (4) ALLOCATION AND DISTRIBUTION OF FUNDS.--The 13 department shall allocate the annual amount of funds provided 14 among all eligible districts based upon the district's 15 proportion of the funds as determined in subsection (3). Funds 16 shall be distributed once a district has encumbered the funds. 17 (5) USE OF FUNDS.--School districts that do not meet 18 the constitutional class size maximum described in s. 19 1003.03(1) must use the funds for capital outlay to reduce 20 class size. School districts that meet the constitutional 21 class size maximum may use the funds for any lawful capital 22 outlay purpose. 23 Section 12. Section 1013.737, Florida Statutes, is 24 created to read: 25 1013.737 The Class Size Reduction Lottery Revenue Bond 26 Program.--There is established the Class Size Reduction 27 Lottery Revenue Bond Program. 28 (1) The issuance of revenue bonds is authorized to 29 finance or refinance the construction, acquisition, 30 reconstruction, or renovation of educational facilities. Such 31 bonds shall be issued pursuant to and in compliance with the 27 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 provisions of s. 11(d), Art. VII of the State Constitution, 2 the provisions of the State Bond Act, ss. 215.57-215.83, as 3 amended, and the provisions of this section. Pursuant to s. 4 215.98, the Legislature determines that the issuance of the 5 debt authorized herein is necessary to address a critical 6 state emergency. 7 (2) The bonds are payable from, and secured by a first 8 lien on, the first lottery revenues transferred to the 9 Educational Enhancement Trust Fund each fiscal year, as 10 provided by s. 24.121(2), and do not constitute a general 11 obligation of, or a pledge of the full faith and credit of, 12 the state. 13 (3) The state hereby covenants with the holders of 14 such revenue bonds that it will not take any action that will 15 materially and adversely affect the rights of such holders so 16 long as bonds authorized by this section are outstanding. The 17 state does hereby additionally authorize the establishment of 18 a covenant in connection with the bonds which provides that 19 any additional funds received by the state from new or 20 enhanced lottery programs, video gaming, or other similar 21 activities will first be available for payments relating to 22 bonds pledging revenues available pursuant to s. 24.121(2), 23 prior to use for any other purpose. 24 (4) The bonds shall be issued by the Division of Bond 25 Finance of the State Board of Administration on behalf of the 26 Department of Education in such amount as shall be requested 27 by resolution of the State Board of Education. However, the 28 total principal amount of bonds, excluding refunding bonds, 29 issued pursuant to this section shall not exceed $1.4 billion. 30 (5) Proceeds available from the sale of the bonds 31 shall be deposited in the Lottery Capital Outlay and Debt 28 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 Service Trust Fund within the Department of Education. 2 (6) The facilities to be financed with the proceeds of 3 such bonds are designated as state fixed capital outlay 4 projects for purposes of s. 11(d), Art. VII of the State 5 Constitution, and the specific facilities to be financed shall 6 be determined in accordance with state law and appropriations 7 from the Educational Enhancement Trust Fund. Projects shall be 8 funded from the Lottery Capital Outlay and Debt Service Trust 9 Fund. Each educational facility to be financed with the 10 proceeds of the bonds issued pursuant to this section is 11 hereby approved as required by s. 11(f), Art. VII of the State 12 Constitution. 13 (7) Any complaint for validation of such bonds is 14 required to be filed only in the circuit court of the county 15 where the seat of state government is situated. The notice 16 required to be published by s. 75.06 is required to be 17 published only in the county where the complaint is filed, and 18 the complaint and order of the circuit court need be served 19 only on the state attorney of the circuit in which the action 20 is pending. 21 (8) The Commissioner of Education shall provide for 22 timely encumbrances of funds for duly authorized projects. 23 Encumbrances may include proceeds to be received under a 24 resolution approved by the State Board of Education 25 authorizing issuance of class size reduction lottery bonds 26 pursuant to s. 11(d), Art. VII of the State Constitution, s. 27 1013.737, and other applicable law. 28 Section 13. Subsection (2) of section 24.121, Florida 29 Statutes, is amended to read: 30 24.121 Allocation of revenues and expenditure of funds 31 for public education.-- 29 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (2) Each fiscal year, at least 38 percent of the gross 2 revenue from the sale of on-line lottery tickets, variable 3 percentages of the gross revenue from the sale of instant 4 lottery tickets as determined by the department consistent 5 with subsection (1), and other earned revenue, excluding 6 application processing fees, shall be deposited in the 7 Educational Enhancement Trust Fund, which is hereby created in 8 the State Treasury to be administered by the Department of 9 Education. The Department of the Lottery shall transfer moneys 10 to the Educational Enhancement Trust Fund at least once each 11 quarter. Funds in the Educational Enhancement Trust Fund shall 12 be used to the benefit of public education in accordance with 13 the provisions of this act. Notwithstanding any other 14 provision of law, a maximum of $180 million of lottery 15 revenues transferred to the Educational Enhancement Trust Fund 16 in fiscal year 1997-1998 and for 30 years thereafter shall be 17 reserved as needed and used to meet the requirements of the 18 documents authorizing the bonds issued by the state pursuant 19 to s. 1013.68, or s. 1013.70, or s. 1013.737 or distributed to 20 school districts for the Classrooms First Program as provided 21 in s. 1013.68. Such lottery revenues are hereby pledged to the 22 payment of debt service on bonds issued by the state pursuant 23 to s. 1013.68, or s. 1013.70, or s. 1013.737. Debt service 24 payable on bonds issued by the state pursuant to s. 1013.68, 25 or s. 1013.70, or s. 1013.737 shall be payable from, and are 26 secured by a first lien on, the first lottery revenues 27 transferred to the Educational Enhancement Trust Fund in each 28 fiscal year. Amounts distributable to school districts that 29 request the issuance of bonds pursuant to s. 1013.68(3) are 30 hereby pledged to such bonds pursuant to s. 11(d), Art. VII of 31 the State Constitution. The amounts distributed through the 30 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 Classrooms First Program shall equal $145 million in each 2 fiscal year. These funds are intended to provide up to $2.5 3 billion for public school facilities. 4 Section 14. Paragraphs (a) and (b) of subsection (13) 5 of section 121.091, Florida Statutes, are amended to read: 6 121.091 Benefits payable under the system.--Benefits 7 may not be paid under this section unless the member has 8 terminated employment as provided in s. 121.021(39)(a) or 9 begun participation in the Deferred Retirement Option Program 10 as provided in subsection (13), and a proper application has 11 been filed in the manner prescribed by the department. The 12 department may cancel an application for retirement benefits 13 when the member or beneficiary fails to timely provide the 14 information and documents required by this chapter and the 15 department's rules. The department shall adopt rules 16 establishing procedures for application for retirement 17 benefits and for the cancellation of such application when the 18 required information or documents are not received. 19 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, 20 and subject to the provisions of this section, the Deferred 21 Retirement Option Program, hereinafter referred to as the 22 DROP, is a program under which an eligible member of the 23 Florida Retirement System may elect to participate, deferring 24 receipt of retirement benefits while continuing employment 25 with his or her Florida Retirement System employer. The 26 deferred monthly benefits shall accrue in the System Trust 27 Fund on behalf of the participant, plus interest compounded 28 monthly, for the specified period of the DROP participation, 29 as provided in paragraph (c). Upon termination of employment, 30 the participant shall receive the total DROP benefits and 31 begin to receive the previously determined normal retirement 31 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 benefits. Participation in the DROP does not guarantee 2 employment for the specified period of DROP. 3 (a) Eligibility of member to participate in the 4 DROP.--All active Florida Retirement System members in a 5 regularly established position, and all active members of 6 either the Teachers' Retirement System established in chapter 7 238 or the State and County Officers' and Employees' 8 Retirement System established in chapter 122 which systems are 9 consolidated within the Florida Retirement System under s. 10 121.011, are eligible to elect participation in the DROP 11 provided that: 12 1. The member is not a renewed member of the Florida 13 Retirement System under s. 121.122, or a member of the State 14 Community College System Optional Retirement Program under s. 15 121.051, the Senior Management Service Optional Annuity 16 Program under s. 121.055, or the optional retirement program 17 for the State University System under s. 121.35. 18 2. Except as provided in subparagraph 6., election to 19 participate is made within 12 months immediately following the 20 date on which the member first reaches normal retirement date, 21 or, for a member who reaches normal retirement date based on 22 service before he or she reaches age 62, or age 55 for Special 23 Risk Class members, election to participate may be deferred to 24 the 12 months immediately following the date the member 25 attains 57, or age 52 for Special Risk Class members. For a 26 member who first reached normal retirement date or the 27 deferred eligibility date described above prior to the 28 effective date of this section, election to participate shall 29 be made within 12 months after the effective date of this 30 section. A member who fails to make an election within such 31 12-month limitation period shall forfeit all rights to 32 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 participate in the DROP. The member shall advise his or her 2 employer and the division in writing of the date on which the 3 DROP shall begin. Such beginning date may be subsequent to the 4 12-month election period, but must be within the 60-month or, 5 with respect to members who are instructional personnel as 6 defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have 7 received authorization by the district school superintendent 8 to participate in DROP for more than 60 months, the 96-month 9 limitation period as provided in subparagraph (b)1. When 10 establishing eligibility of the member to participate in the 11 DROP for the 60-month or, with respect to members who are 12 instructional personnel as defined in s. 1012.01(2)(a)-(d) in 13 grades K-12 and who have received authorization by the 14 district school superintendent to participate in DROP for more 15 than 60 months, the 96-month maximum participation period, the 16 member may elect to include or exclude any optional service 17 credit purchased by the member from the total service used to 18 establish the normal retirement date. A member with dual 19 normal retirement dates shall be eligible to elect to 20 participate in DROP within 12 months after attaining normal 21 retirement date in either class. 22 3. The employer of a member electing to participate in 23 the DROP, or employers if dually employed, shall acknowledge 24 in writing to the division the date the member's participation 25 in the DROP begins and the date the member's employment and 26 DROP participation will terminate. 27 4. Simultaneous employment of a participant by 28 additional Florida Retirement System employers subsequent to 29 the commencement of participation in the DROP shall be 30 permissible provided such employers acknowledge in writing a 31 DROP termination date no later than the participant's existing 33 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 termination date or the 60-month limitation period as provided 2 in subparagraph (b)1. 3 5. A DROP participant may change employers while 4 participating in the DROP, subject to the following: 5 a. A change of employment must take place without a 6 break in service so that the member receives salary for each 7 month of continuous DROP participation. If a member receives 8 no salary during a month, DROP participation shall cease 9 unless the employer verifies a continuation of the employment 10 relationship for such participant pursuant to s. 11 121.021(39)(b). 12 b. Such participant and new employer shall notify the 13 division on forms required by the division as to the identity 14 of the new employer. 15 c. The new employer shall acknowledge, in writing, the 16 participant's DROP termination date, which may be extended but 17 not beyond the original 60-month or, with respect to members 18 who are instructional personnel as defined in s. 19 1012.01(2)(a)-(d) in grades K-12 and who have received 20 authorization by the district school superintendent to 21 participate in DROP for more than 60 months, the 96-month 22 period provided in subparagraph (b)1., shall acknowledge 23 liability for any additional retirement contributions and 24 interest required if the participant fails to timely terminate 25 employment, and shall be subject to the adjustment required in 26 sub-subparagraph (c)5.d. 27 6. Effective July 1, 2001, for instructional personnel 28 as defined in s. 1012.01(2), election to participate in the 29 DROP shall be made at any time following the date on which the 30 member first reaches normal retirement date. The member shall 31 advise his or her employer and the division in writing of the 34 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 date on which the Deferred Retirement Option Program shall 2 begin. When establishing eligibility of the member to 3 participate in the DROP for the 60-month or, with respect to 4 members who are instructional personnel as defined in s. 5 1012.01(2)(a)-(d) in grades K-12 and who have received 6 authorization by the district school superintendent to 7 participate in DROP for more than 60 months, the 96-month 8 maximum participation period, as provided in subparagraph 9 (b)1., the member may elect to include or exclude any optional 10 service credit purchased by the member from the total service 11 used to establish the normal retirement date. A member with 12 dual normal retirement dates shall be eligible to elect to 13 participate in either class. 14 (b) Participation in the DROP.-- 15 1. An eligible member may elect to participate in the 16 DROP for a period not to exceed a maximum of 60 calendar 17 months or, with respect to members who are instructional 18 personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12 19 and who have received authorization by the district school 20 superintendent to participate in DROP for more than 60 21 calendar months, a maximum of 96 calendar months immediately 22 following the date on which the member first reaches his or 23 her normal retirement date or the date to which he or she is 24 eligible to defer his or her election to participate as 25 provided in subparagraph (a)2. However, a member who has 26 reached normal retirement date prior to the effective date of 27 the DROP shall be eligible to participate in the DROP for a 28 period of time not to exceed 60 calendar months or, with 29 respect to members who are instructional personnel as defined 30 in s. 1012.01(2)(a)-(d) in grades K-12 and who have received 31 authorization by the district school superintendent to 35 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 participate in DROP for more than 60 calendar months, 96 2 calendar months immediately following the effective date of 3 the DROP, except a member of the Special Risk Class who has 4 reached normal retirement date prior to the effective date of 5 the DROP and whose total accrued value exceeds 75 percent of 6 average final compensation as of his or her effective date of 7 retirement shall be eligible to participate in the DROP for no 8 more than 36 calendar months immediately following the 9 effective date of the DROP. 10 2. Upon deciding to participate in the DROP, the 11 member shall submit, on forms required by the division: 12 a. A written election to participate in the DROP; 13 b. Selection of the DROP participation and termination 14 dates, which satisfy the limitations stated in paragraph (a) 15 and subparagraph 1. Such termination date shall be in a 16 binding letter of resignation with the employer, establishing 17 a deferred termination date. The member may change the 18 termination date within the limitations of subparagraph 1., 19 but only with the written approval of his or her employer; 20 c. A properly completed DROP application for service 21 retirement as provided in this section; and 22 d. Any other information required by the division. 23 3. The DROP participant shall be a retiree under the 24 Florida Retirement System for all purposes, except for 25 paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363, 26 121.053, and 121.122. However, participation in the DROP does 27 not alter the participant's employment status and such 28 employee shall not be deemed retired from employment until his 29 or her deferred resignation is effective and termination 30 occurs as provided in s. 121.021(39). 31 4. Elected officers shall be eligible to participate 36 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 in the DROP subject to the following: 2 a. An elected officer who reaches normal retirement 3 date during a term of office may defer the election to 4 participate in the DROP until the next succeeding term in that 5 office. Such elected officer who exercises this option may 6 participate in the DROP for up to 60 calendar months or a 7 period of no longer than such succeeding term of office, 8 whichever is less. 9 b. An elected or a nonelected participant may run for 10 a term of office while participating in DROP and, if elected, 11 extend the DROP termination date accordingly, except, however, 12 if such additional term of office exceeds the 60-month 13 limitation established in subparagraph 1., and the officer 14 does not resign from office within such 60-month limitation, 15 the retirement and the participant's DROP shall be null and 16 void as provided in sub-subparagraph (c)5.d. 17 c. An elected officer who is dually employed and 18 elects to participate in DROP shall be required to satisfy the 19 definition of termination within the 60-month or, with respect 20 to members who are instructional personnel as defined in s. 21 1012.01(2)(a)-(d) in grades K-12 and who have received 22 authorization by the district school superintendent to 23 participate in DROP for more than 60 months, the 96-month 24 limitation period as provided in subparagraph 1. for the 25 nonelected position and may continue employment as an elected 26 officer as provided in s. 121.053. The elected officer will be 27 enrolled as a renewed member in the Elected Officers' Class or 28 the Regular Class, as provided in ss. 121.053 and 121.22, on 29 the first day of the month after termination of employment in 30 the nonelected position and termination of DROP. Distribution 31 of the DROP benefits shall be made as provided in paragraph 37 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (c). 2 Section 15. Subsection (20) of section 1001.42, 3 Florida Statutes, is amended to read: 4 1001.42 Powers and duties of district school 5 board.--The district school board, acting as a board, shall 6 exercise all powers and perform all duties listed below: 7 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the 8 anonymity of students in large schools, adopt policies to 9 encourage any large school that does not meet the definition 10 of a small school, as established by s. 1013.43(2), to 11 subdivide into schools-within-a-school that shall operate 12 within existing resources in accordance with the provisions of 13 chapter 1003. 14 Section 16. Paragraph (i) is added to subsection (1) 15 of section 1003.02, Florida Statutes, and subsection (4) of 16 that section is amended, to read: 17 1003.02 District school board operation and control of 18 public K-12 education within the school district.--As provided 19 in part II of chapter 1001, district school boards are 20 constitutionally and statutorily charged with the operation 21 and control of public K-12 education within their school 22 district. The district school boards must establish, organize, 23 and operate their public K-12 schools and educational 24 programs, employees, and facilities. Their responsibilities 25 include staff development, public K-12 school student 26 education including education for exceptional students and 27 students in juvenile justice programs, special programs, adult 28 education programs, and career and technical education 29 programs. Additionally, district school boards must: 30 (1) Provide for the proper accounting for all students 31 of school age, for the attendance and control of students at 38 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 school, and for proper attention to health, safety, and other 2 matters relating to the welfare of students in the following 3 fields: 4 (i) Parental notification of acceleration 5 mechanisms.--At the beginning of each school year, notify 6 parents of students in or entering high school of the 7 opportunity and benefits of advanced placement, International 8 Baccalaureate, Advanced International Certificate of 9 Education, dual enrollment, and Florida Virtual School 10 courses. 11 (4) For any school within the district that is not in 12 compliance with the small school size requirements of chapter 13 1013, In order to reduce the anonymity of students in large 14 schools, adopt policies that encourage subdivision of the 15 school into schools-within-a-school, which shall operate 16 within existing resources. A "school-within-a-school" means an 17 operational program that uses flexible scheduling, team 18 planning, and curricular and instructional innovation to 19 organize groups of students with groups of teachers as smaller 20 units, so as to functionally operate as a smaller school. 21 Examples of this include, but are not limited to: 22 (a) An organizational arrangement assigning both 23 students and teachers to smaller units in which the students 24 take some or all of their coursework with their fellow grouped 25 students and from the teachers assigned to the smaller unit. A 26 unit may be grouped together for 1 year or on a vertical, 27 multiyear basis. 28 (b) An organizational arrangement similar to that 29 described in paragraph (a) with additional variations in 30 instruction and curriculum. The smaller unit usually seeks to 31 maintain a program different from that of the larger school, 39 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 or of other smaller units. It may be vertically organized, but 2 is dependent upon the school principal for its existence, 3 budget, and staff. 4 (c) A separate and autonomous smaller unit formally 5 authorized by the district school board or district school 6 superintendent. The smaller unit plans and runs its own 7 program, has its own staff and students, and receives its own 8 separate budget. The smaller unit must negotiate the use of 9 common space with the larger school and defer to the building 10 principal on matters of safety and building operation. 11 Section 17. Paragraph (i) of subsection (1) of section 12 1003.43, Florida Statutes, is amended to read: 13 1003.43 General requirements for high school 14 graduation.-- 15 (1) Graduation requires successful completion of 16 either a minimum of 24 academic credits in grades 9 through 12 17 or an International Baccalaureate curriculum. The 24 credits 18 shall be distributed as follows: 19 (i) One-half credit in life management skills to 20 include consumer education, positive emotional development, 21 marriage and relationship skill-based education, nutrition, 22 parenting skills, prevention of human immunodeficiency virus 23 infection and acquired immune deficiency syndrome and other 24 sexually transmissible diseases, benefits of sexual abstinence 25 and consequences of teenage pregnancy, information and 26 instruction on breast cancer detection and breast 27 self-examination, cardiopulmonary resuscitation, drug 28 education, and the hazards of smoking. Such credit shall be 29 given for a course to be taken by all students in either the 30 9th or 10th grade. 31 40 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 District school boards may award a maximum of one-half credit 2 in social studies and one-half elective credit for student 3 completion of nonpaid voluntary community or school service 4 work. Students choosing this option must complete a minimum 5 of 75 hours of service in order to earn the one-half credit in 6 either category of instruction. Credit may not be earned for 7 service provided as a result of court action. District school 8 boards that approve the award of credit for student volunteer 9 service shall develop guidelines regarding the award of the 10 credit, and school principals are responsible for approving 11 specific volunteer activities. A course designated in the 12 Course Code Directory as grade 9 through grade 12 that is 13 taken below the 9th grade may be used to satisfy high school 14 graduation requirements or Florida Academic Scholars award 15 requirements as specified in a district school board's student 16 progression plan. A student shall be granted credit toward 17 meeting the requirements of this subsection for equivalent 18 courses, as identified pursuant to s. 1007.271(6), taken 19 through dual enrollment. 20 Section 18. Paragraph (a) of subsection (1) of section 21 1003.436, Florida Statutes, is amended to read: 22 1003.436 Definition of "credit".-- 23 (1)(a) For the purposes of requirements for high 24 school graduation, one full credit means a minimum of 135 25 hours of bona fide instruction in a designated course of study 26 that contains student performance standards. One full credit 27 means a minimum of 120 hours of bona fide instruction in a 28 designated course of study that contains student performance 29 standards for purposes of meeting high school graduation 30 requirements in a district school that has been authorized to 31 implement block scheduling by the district school board. The 41 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 State Board of Education shall determine the number of 2 postsecondary credit hours earned through dual enrollment 3 pursuant to s. 1007.271 that satisfy the requirements of a 4 district's interinstitutional articulation agreement according 5 to s. 1007.235 and that equal one full credit of the 6 equivalent high school course identified pursuant to s. 7 1007.271(6). 8 Section 19. Paragraph (b) of subsection (5) of section 9 1011.62, Florida Statutes, is amended to read: 10 1011.62 Funds for operation of schools.--If the annual 11 allocation from the Florida Education Finance Program to each 12 district for operation of schools is not determined in the 13 annual appropriations act or the substantive bill implementing 14 the annual appropriations act, it shall be determined as 15 follows: 16 (5) CATEGORICAL FUNDS.-- 17 (b) For fiscal year 2002-2003, If a district school 18 board finds and declares in a resolution adopted at a regular 19 meeting of the school board that the funds received for any of 20 the following categorical appropriations are urgently needed 21 to maintain school board specified academic classroom 22 instruction, the school board may consider and approve an 23 amendment to the school district operating budget transferring 24 the identified amount of the categorical funds to the 25 appropriate account for expenditure: 26 1. Funds for student transportation. 27 2. Funds for in-service educational personnel 28 training. 29 3. Funds for safe schools. 30 4. Funds for public school technology. 31 5. Funds for teacher recruitment and retention. 42 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 5.6. Funds for supplemental academic instruction. 2 Section 20. Section 1011.69, Florida Statutes, is 3 amended to read: 4 1011.69 Equity in School-Level Funding Act.-- 5 (1) This section may be cited as the "Equity in 6 School-Level Funding Act." 7 (2)(a) Beginning in the 2000-2001 fiscal year, 8 district school boards shall allocate to each school within 9 the district at least 50 percent of the funds generated by 10 that school based upon the Florida Education Finance Program 11 as provided in s. 1011.62 and the General Appropriations Act, 12 including gross state and local funds, discretionary lottery 13 funds, and funds from the school district's current operating 14 discretionary millage levy. 15 (b) Beginning in the 2001-2002 fiscal year, district 16 school boards shall allocate to each school within the 17 district at least 65 percent of the funds generated by that 18 school based upon the Florida Education Finance Program as 19 provided in s. 1011.62 and the General Appropriations Act, 20 including gross state and local funds, discretionary lottery 21 funds, and funds from the school district's current operating 22 discretionary millage levy. 23 (c) Beginning in the 2002-2003 fiscal year, district 24 school boards shall allocate to each school within the 25 district at least 80 percent of the funds generated by that 26 school based upon the Florida Education Finance Program as 27 provided in s. 1011.62 and the General Appropriations Act, 28 including gross state and local funds, discretionary lottery 29 funds, and funds from the school district's current operating 30 discretionary millage levy. 31 (d) Beginning in the 2003-2004 fiscal year, district 43 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 school boards shall allocate to schools each school within the 2 district an average of at least 90 percent of the funds 3 generated by all schools and guarantee that each school 4 receives at least 80 percent of the funds generated by that 5 school based upon the Florida Education Finance Program as 6 provided in s. 1011.62 and the General Appropriations Act, 7 including gross state and local funds, discretionary lottery 8 funds, and funds from the school district's current operating 9 discretionary millage levy. Total funding for each school 10 shall be recalculated during the year to reflect the revised 11 calculations under the Florida Education Finance Program by 12 the state and the actual weighted full-time equivalent 13 students reported by the school during the full-time 14 equivalent student survey periods designated by the 15 Commissioner of Education. If the district school board is 16 providing programs or services to students funded by federal 17 funds, any eligible students enrolled in the schools in the 18 district shall be provided federal funds. Only academic 19 performance-based charter school those districts that 20 initially applied for charter school district status, pursuant 21 to s. 1003.62, and have been approved by the State Board of 22 Education are exempt from the provisions of this section. 23 (3) Funds allocated to a school pursuant to this 24 section that are unused at the end of the fiscal year shall 25 not revert to the district, but shall remain with the school. 26 These carryforward funds may be used for any purpose provided 27 by law at the discretion of the principal of the school. 28 (4) The following funds are excluded from the 29 school-level allocation under this section: 30 (4) Recommendations made by the Governor's Equity in 31 Educational Opportunity Task Force shall be reviewed to 44 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 identify potential categorical funds to be included in the 2 district allocation methodology required in subsection (2). 3 (a)(5) Funds appropriated in the General 4 Appropriations Act for supplemental academic instruction to be 5 used for the purposes described in s. 1011.62(1)(f); and 6 (b) Funds appropriated in the General Appropriations 7 Act for the class size reduction operating categorical fund 8 established in s. 1011.685 are excluded from the school-level 9 allocation under this section. 10 Section 21. Paragraph (b) of subsection (1) and 11 subsections (3), (4), and (5) of section 1012.56, Florida 12 Statutes, are amended to read: 13 1012.56 Educator certification requirements.-- 14 (1) APPLICATION.--Each person seeking certification 15 pursuant to this chapter shall submit a completed application 16 containing the applicant's social security number to the 17 Department of Education and remit the fee required pursuant to 18 s. 1012.59 and rules of the State Board of Education. Pursuant 19 to the federal Personal Responsibility and Work Opportunity 20 Reconciliation Act of 1996, each party is required to provide 21 his or her social security number in accordance with this 22 section. Disclosure of social security numbers obtained 23 through this requirement shall be limited to the purpose of 24 administration of the Title IV-D program of the Social 25 Security Act for child support enforcement. Pursuant to s. 26 120.60, the department shall issue within 90 calendar days 27 after the stamped receipted date of the completed application: 28 (a) A certificate covering the classification, level, 29 and area for which the applicant is deemed qualified; or 30 (b) An official statement of status of eligibility. 31 The statement of status of eligibility must advise the 45 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 applicant of any qualifications that must be completed to 2 qualify for certification. Each statement of status of 3 eligibility is valid for 2 years after its date of issuance, 4 except as provided in paragraph (2)(d). A statement of status 5 of eligibility may be reissued for one additional 2-year 6 period if application is made while the initial statement of 7 status of eligibility is valid or within 1 year after the 8 initial statement expires, and if the certification subject 9 area is authorized to be issued by the state board at the time 10 the application requesting a reissued statement of status of 11 eligibility is received. 12 (3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of 13 demonstrating mastery of general knowledge are: 14 (a) Achievement of passing scores on basic skills 15 examination required by state board rule; 16 (b) Achievement of passing scores on the College Level 17 Academic Skills Test earned prior to July 1, 2002; 18 (c) A valid professional standard teaching certificate 19 issued by another state that requires an examination of 20 mastery of general knowledge; 21 (d) A valid standard teaching certificate issued by 22 another state and valid certificate issued by the National 23 Board for Professional Teaching Standards; or 24 (e) Documentation of two semesters of successful 25 teaching in a community college, state university, or private 26 college or university that awards an associate's or higher 27 degree and is an accredited institution or an institution of 28 higher education identified by the Department of Education as 29 having a quality program. A valid standard teaching 30 certificate issued by another state and documentation of 2 31 years of continuous successful full-time teaching or 46 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 administrative experience during the 5-year period immediately 2 preceding the date of application for certification. 3 (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable 4 means of demonstrating mastery of subject area knowledge are: 5 (a) Achievement of passing scores on subject area 6 examinations required by state board rule; 7 (b) Completion of the subject area specialization 8 requirements specified in state board rule and verification of 9 the attainment of the essential subject matter competencies by 10 the district school superintendent of the employing school 11 district or chief administrative officer of the employing 12 state-supported or private school for a subject area for which 13 a subject area examination has not been developed and required 14 by state board rule; 15 (c) Completion of the graduate level subject area 16 specialization requirements specified in state board rule for 17 a subject coverage requiring a master's or higher degree and 18 achievement of a passing score on the subject area examination 19 specified in state board rule; 20 (d) A valid standard teaching certificate issued by 21 another state that requires an examination of mastery of 22 subject area knowledge; or 23 (e) A valid standard teaching certificate issued by 24 another state and valid certificate issued by the National 25 Board for Professional Teaching Standards.; or 26 (f) A valid standard teaching certificate issued by 27 another state and documentation of 2 years of continuous 28 successful full-time teaching or administrative experience 29 during the 5-year period immediately preceding the date of 30 application for certification. 31 (5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION 47 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 COMPETENCE.--Acceptable means of demonstrating mastery of 2 professional preparation and education competence are: 3 (a) Completion of an approved teacher preparation 4 program at a postsecondary educational institution within this 5 state and achievement of a passing score on the professional 6 education competency examination required by state board rule; 7 (b) Completion of a teacher preparation program at a 8 postsecondary educational institution outside Florida and 9 achievement of a passing score on the professional education 10 competency examination required by state board rule; 11 (c) A valid professional standard teaching certificate 12 issued by another state that requires an examination of 13 mastery of professional education competence; 14 (d) A valid standard teaching certificate issued by 15 another state and valid certificate issued by the National 16 Board for Professional Teaching Standards; 17 (e) Documentation of two semesters of successful 18 teaching in a community college, state university, or private 19 college or university that awards an associate's or higher 20 degree and is an accredited institution or an institution of 21 higher education identified by the Department of Education as 22 having a quality program A valid standard teaching certificate 23 issued by another state and documentation of 2 years of 24 continuous successful full-time teaching or administrative 25 experience during the 5-year period immediately preceding the 26 date of application for certification; 27 (f) Completion of professional preparation courses as 28 specified in state board rule, successful completion of a 29 professional education competence demonstration program 30 pursuant to paragraph (7)(b), and achievement of a passing 31 score on the professional education competency examination 48 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 required by state board rule; or 2 (g) Successful completion of a professional 3 preparation alternative certification and education competency 4 program, outlined in paragraph (7)(a). 5 Section 22. Subsection (1) of section 1012.57, Florida 6 Statutes, is amended to read: 7 1012.57 Certification of adjunct educators.-- 8 (1) Notwithstanding the provisions of ss. 1012.32, 9 1012.55, and 1012.56, or any other provision of law or rule to 10 the contrary, district school boards shall adopt rules to 11 allow for the issuance of may issue an adjunct teaching 12 certificate to any applicant who fulfills the requirements of 13 s. 1012.56(2)(a)-(f) and who has expertise in the subject area 14 to be taught. An applicant shall be considered to have 15 expertise in the subject area to be taught if the applicant 16 has at least a major minor in the subject area or demonstrates 17 sufficient subject area mastery through passage of a subject 18 area test as determined by district school board policy. The 19 adjunct teaching certificate shall be used for part-time 20 teaching positions. The intent of this provision is to allow 21 school districts to tap the wealth of talent and expertise 22 represented in Florida's citizens who may wish to teach 23 part-time in a Florida public school by permitting school 24 districts to issue adjunct certificates. Adjunct 25 certificateholders should be used as a strategy to reduce the 26 teacher shortage; thus, adjunct certificateholders should 27 supplement a school's instructional staff, not supplant it. 28 Each school principal shall assign an experienced peer mentor 29 to assist the adjunct teaching certificateholder during the 30 certificateholder's first year of teaching, and an adjunct 31 certificateholder may participate in a district's new teacher 49 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 training program. District school boards shall provide the 2 adjunct teaching certificateholder an orientation in classroom 3 management prior to assigning the certificateholder to a 4 school. Each adjunct teaching certificate is valid for 5 5 school years and is renewable if: 6 (a) The applicant completes a minimum of 60 inservice 7 points or 3 semester hours of college credit. The earned 8 credits must include instruction in classroom management, 9 district school board procedures, school culture, and other 10 activities that enhance the professional teaching skills of 11 the certificateholder. 12 (b) The applicant has received satisfactory 13 performance evaluations during each year of teaching under 14 adjunct teaching certification. 15 Section 23. Subsection (13) is added to section 16 1013.03, Florida Statutes, to read: 17 1013.03 Functions of the department.--The functions of 18 the Department of Education as it pertains to educational 19 facilities shall include, but not be limited to, the 20 following: 21 (13) By October 1, 2003, review all rules related to 22 school construction to identify requirements that are 23 outdated, obsolete, unnecessary, or otherwise could be amended 24 in order to provide additional flexibility to school districts 25 to comply with the constitutional class size maximum described 26 in s. 1003.03(1) and make recommendations concerning such 27 rules to the State Board of Education. The State Board of 28 Education shall act on such recommendations by December 31, 29 2003. 30 Section 24. Paragraph (d) is added to subsection (1) 31 of section 1013.31, Florida Statutes, to read: 50 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 1013.31 Educational plant survey; localized need 2 assessment; PECO project funding.-- 3 (1) At least every 5 years, each board shall arrange 4 for an educational plant survey, to aid in formulating plans 5 for housing the educational program and student population, 6 faculty, administrators, staff, and auxiliary and ancillary 7 services of the district or campus, including consideration of 8 the local comprehensive plan. The Office of Workforce and 9 Economic Development shall document the need for additional 10 career and adult education programs and the continuation of 11 existing programs before facility construction or renovation 12 related to career or adult education may be included in the 13 educational plant survey of a school district or community 14 college that delivers career or adult education programs. 15 Information used by the Office of Workforce and Economic 16 Development to establish facility needs must include, but need 17 not be limited to, labor market data, needs analysis, and 18 information submitted by the school district or community 19 college. 20 (d) Periodic update of Florida Inventory of School 21 Houses.--School districts shall periodically update their 22 inventory of educational facilities as new capacity becomes 23 available and as unsatisfactory space is eliminated. The State 24 Board of Education shall adopt rules to determine the 25 timeframe in which districts must provide a periodic update. 26 Section 25. Paragraph (b) of subsection (1) and 27 subsections (2) and (3) of section 1002.37, Florida Statutes, 28 are amended, subsections (4), (5), and (6) are renumbered as 29 subsections (5), (6) and (7), respectively, and new 30 subsections (3) and (4) are added to that section to read: 31 1002.37 The Florida Virtual School.-- 51 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (1)(b) The mission of the Florida Virtual School is to 2 provide students with technology-based educational 3 opportunities to gain the knowledge and skills necessary to 4 succeed and to award high school diplomas pursuant to s. 5 1003.43 (9). The school shall serve any student in the state 6 who meets the profile for success in this educational delivery 7 context and shall give priority to: 8 1. Student enrolled in traditional public school 9 classes that are not in compliance with the maximum class 10 sizes provided in s. 1000.03. 11 2. Students enrolled as full-time students in the 12 Florida Virtual School and seeking a high school diploma 13 awarded by the Florida Virtual School. 14 (3).1. Students who need expanded access to courses in 15 order to meet their educational goals, such as home education 16 students and students in inner-city and rural and other public 17 high schools who do not have access to higher-level courses. 18 4.2. Students seeking accelerated access in order to 19 obtain a high school diploma at least one semester early. 20 21 The board of trustees of the Florida Virtual School shall 22 identify appropriate performance measures and standards based 23 on student achievement that reflect the school's statutory 24 mission and priorities, and shall implement an accountability 25 system for the school that includes assessment of its 26 effectiveness and efficiency in providing quality services 27 that encourage high student achievement, seamless 28 articulation, and maximum access. 29 (2) The Florida Virtual School shall be governed by a 30 board of trustees comprised of seven members appointed by the 31 Governor to 4-year staggered terms. The board of trustees 52 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 shall be a public agency entitled to sovereign immunity 2 pursuant to s. 768.28, and board members shall be public 3 officers who shall bear fiduciary responsibility for the 4 Florida Virtual School. The board of trustees shall have the 5 following powers and duties: 6 (a)1. The board of trustees shall meet at least 4 7 times each year, upon the call of the chair, or at the request 8 of a majority of the membership. 9 2. The fiscal year for the Florida Virtual School 10 shall be the state fiscal year as provided in s. 11 216.011(1)(o). 12 (b) The board of trustees shall be responsible for the 13 Florida Virtual School's development of a state-of-the-art 14 technology-based education delivery system that is 15 cost-effective, educationally sound, marketable, and capable 16 of sustaining a self-sufficient delivery system through the 17 Florida Education Finance Program, by fiscal year 2003-2004. 18 The school shall collect and report data for all students 19 served and credit awarded. This data shall be segregated by 20 private, public, and home education students by program. 21 Information shall also be collected that reflects any other 22 school in which a virtual school student is enrolled. 23 (c) The board of trustees shall aggressively seek 24 avenues to generate revenue to support its future endeavors, 25 and shall enter into agreements with distance learning 26 providers. The board of trustees may acquire, enjoy, use, and 27 dispose of patents, copyrights, and trademarks and any 28 licenses and other rights or interests thereunder or therein. 29 Ownership of all such patents, copyrights, trademarks, 30 licenses, and rights or interests thereunder or therein shall 31 vest in the state, with the board of trustees having full 53 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 right of use and full right to retain the revenues derived 2 therefrom. Any funds realized from patents, copyrights, 3 trademarks, or licenses shall be considered internal funds as 4 provided in s. 1011.07. Such funds shall be used to support 5 the school's marketing and research and development activities 6 in order to improve courseware and services to its students. 7 (d) The board of trustees shall be responsible for the 8 administration and control of all local school funds derived 9 from all activities or sources and shall prescribe the 10 principles and procedures to be followed in administering 11 these funds.annually prepare and submit to the State Board of 12 Education a legislative budget request, including funding 13 requests for computers for public school students who do not 14 have access to public school computers, in accordance with 15 chapter 216 and s. 1013.60. The legislative budget request of 16 the Florida Virtual School shall be prepared using the same 17 format, procedures, and timelines required for the submission 18 of the legislative budget of the Department of Education. 19 Nothing in this section shall be construed to guarantee a 20 computer to any individual student. 21 (e) The Florida Virtual School may accrue supplemental 22 revenue from supplemental support organizations, which 23 include, but are not limited to, alumni associations, 24 foundations, parent-teacher associations, and booster 25 associations. The governing body of each supplemental support 26 organization shall recommend the expenditure of moneys 27 collected by the organization for the benefit of the school. 28 Such expenditures shall be contingent upon the review of the 29 executive director. The executive director may override any 30 proposed expenditure of the organization that would violate 31 Florida law or breach sound educational management. 54 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (f)(e) In accordance with law and rules of the State 2 Board of Education, the board of trustees shall administer and 3 maintain personnel programs for all employees of the board of 4 trustees and the Florida Virtual School. The board of trustees 5 may adopt rules, policies, and procedures related to the 6 appointment, employment, and removal of personnel. 7 1. The board of trustees shall determine the 8 compensation, including salaries and fringe benefits, and 9 other conditions of employment for such personnel. 10 2. The board of trustees may establish and maintain a 11 personnel loan or exchange program by which persons employed 12 by the board of trustees for the Florida Virtual School as 13 academic administrative and instructional staff may be loaned 14 to, or exchanged with persons employed in like capacities by, 15 public agencies either within or without this state, or by 16 private industry. With respect to public agency employees, the 17 program authorized by this subparagraph shall be consistent 18 with the requirements of part II of chapter 112. The salary 19 and benefits of board of trustees personnel participating in 20 the loan or exchange program shall be continued during the 21 period of time they participate in a loan or exchange program, 22 and such personnel shall be deemed to have no break in 23 creditable or continuous service or employment during such 24 time. The salary and benefits of persons participating in the 25 personnel loan or exchange program who are employed by public 26 agencies or private industry shall be paid by the originating 27 employers of those participants, and such personnel shall be 28 deemed to have no break in creditable or continuous service or 29 employment during such time. 30 3. The employment of all Florida Virtual School 31 academic administrative and instructional personnel shall be 55 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 subject to rejection for cause by the board of trustees, and 2 shall be subject to policies of the board of trustees relative 3 to certification, tenure, leaves of absence, sabbaticals, 4 remuneration, and such other conditions of employment as the 5 board of trustees deems necessary and proper, not inconsistent 6 with law. 7 4. Each person employed by the board of trustees in an 8 academic administrative or instructional capacity with the 9 Florida Virtual School shall be entitled to a contract as 10 provided by rules of the board of trustees. 11 5. All employees except temporary, seasonal, and 12 student employees may be state employees for the purpose of 13 being eligible to participate in the Florida Retirement System 14 and receive benefits. The classification and pay plan, 15 including terminal leave and other benefits, and any 16 amendments thereto, shall be subject to review and approval by 17 the Department of Management Services and the Executive Office 18 of the Governor prior to adoption. In the event that the board 19 of trustees assumes responsibility for governance pursuant to 20 this section before approval is obtained, employees shall be 21 compensated pursuant to the system in effect for the employees 22 of the fiscal agent. 23 (g)(f) The board of trustees shall establish 24 priorities for admission of students in accordance with 25 paragraph (1)(b). 26 (h)(g) The board of trustees shall establish and 27 distribute to all school districts and high schools in the 28 state procedures for enrollment of students in courses offered 29 by the Florida Virtual School. Such procedures shall be 30 designed to minimize paperwork and fairly resolve the issue of 31 double funding students taking courses on-line. 56 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (i) The board of trustees shall establish criteria 2 defining the elements of an approved franchise. The board of 3 trustees may enter into franchise agreements with Florida 4 district school boards and may establish the terms and 5 conditions governing such agreements. The board of trustees 6 shall establish the performance and accountability measures 7 and report the performance of each school district franchise 8 to the Commissioner of Education. 9 (j)(h) The board of trustees shall annually submit to 10 the State Board of Education both forecasted and actual 11 enrollments and credit completions for the Florida Virtual 12 School, according to procedures established by the State Board 13 of Education. At a minimum, such procedures must include the 14 number of public, private, and home education students served 15 by program and by county of residencedistrict. 16 (k)(i) The board of trustees shall provide for the 17 content and custody of student and employee personnel records. 18 Student records shall be subject to the provisions of s. 19 1002.22. Employee records shall be subject to the provisions 20 of s. 1012.31. 21 (l)(j) The financial records and accounts of the 22 Florida Virtual School shall be maintained under the direction 23 of the board of trustees and under rules adopted by the State 24 Board of Education for the uniform system of financial records 25 and accounts for the schools of the state. 26 27 The Governor shall designate the initial chair of the board of 28 trustees to serve a term of 4 years. Members of the board of 29 trustees shall serve without compensation, but may be 30 reimbursed for per diem and travel expenses pursuant to s. 31 112.061. The board of trustees shall be a body corporate with 57 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 all the powers of a body corporate and such authority as is 2 needed for the proper operation and improvement of the Florida 3 Virtual School. The board of trustees is specifically 4 authorized to adopt rules, policies, and procedures, 5 consistent with law and rules of the State Board of Education 6 related to governance, personnel, budget and finance, 7 administration, programs, curriculum and instruction, travel 8 and purchasing, technology, students, contracts and grants, 9 and property as necessary for optimal, efficient operation of 10 the Florida Virtual School. Tangible personal property owned 11 by the board of trustees shall be subject to the provisions of 12 chapter 273. 13 (3) Funding for the Florida Virtual School shall be 14 provided as follows: 15 (a) A "full-time equivalent student" for the Florida 16 Virtual School is one student who has successfully completed 17 six credits that shall count toward the minimum number of 18 credits required for high school graduation. A student who 19 completes less than six credits shall be a fraction of a 20 full-time equivalent student. Half credit completions shall be 21 included in determining a full-time equivalent student. Credit 22 completed by a student in excess of the minimum required for 23 that student for high school graduation is not eligible for 24 funding. 25 (b) Full-time equivalent student credit completed 26 through the Florida Virtual School, including credits 27 completed during the summer, shall be reported to the 28 Department of Education in the manner prescribed by the 29 department and shall be funded through the Florida Education 30 Finance Program. 31 (c) School districts may not limit student access to 58 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 courses offered through the Florida Virtual School. 2 (d) Full-time equivalent student credit completion for 3 courses offered through the Florida Virtual School shall be 4 reported only by the Florida Virtual School. School districts 5 shall report full-time equivalent student membership only for 6 courses for which the district provides the instruction. 7 (e) The district cost differential as provided in s. 8 1011.62(2) shall be established as 1.000. 9 (f) The Florida Virtual School shall receive funds for 10 operating purposes in an amount determined as follows: 11 multiply the maximum allowable nonvoted discretionary millage 12 for operations pursuant to s. 1011.71(1) by the value of 95 13 percent of the current year's taxable value for school 14 purposes for the state; divide the result by the total 15 full-time equivalent membership of the state; and multiply the 16 result by the full-time equivalent membership of the school. 17 The amount thus obtained shall be discretionary operating 18 funds and shall be appropriated from state funds in the 19 General Appropriations Act. 20 (g) The Florida Virtual School shall receive 21 additional state funds as may be provided in the General 22 Appropriations Act. 23 (h) In addition to the funds provided in the General 24 Appropriations Act, the Florida Virtual School may receive 25 other funds from grants and donations. 26 (3)(a) Until fiscal year 2003-2004, the Commissioner 27 of Education shall include the Florida Virtual School as a 28 grant-in-aid appropriation in the department's legislative 29 budget request to the State Board of Education, the Governor, 30 and the Legislature, subject to any guidelines imposed in the 31 General Appropriations Act. 59 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 (b) The Orange County District School Board shall be 2 the temporary fiscal agent of the Florida Virtual School. 3 (4) School districts operating a virtual school that 4 is an approved franchise of the Florida Virtual School may 5 count full-time equivalent students, as provided in paragraph 6 (3)(a), if such school has been certified as an approved 7 franchise by the Commissioner of Education based on criteria 8 established by the board of trustees pursuant to paragraph 9 (2)(i). 10 Section 26. Paragraph (c) of subsection (1) of section 11 1011.61, Florida Statutes, is amended to read: 12 1011.61 Definitions.--Notwithstanding the provisions 13 of s. 1000.21, the following terms are defined as follows for 14 the purposes of the Florida Education Finance Program: 15 (1) A "full-time equivalent student" in each program 16 of the district is defined in terms of full-time students and 17 part-time students as follows: 18 (c)1. A "full-time equivalent student" is: 19 a. A full-time student in any one of the programs 20 listed in s. 1011.62(1)(c); or 21 b. A combination of full-time or part-time students in 22 any one of the programs listed in s. 1011.62(1)(c) which is 23 the equivalent of one full-time student based on the following 24 calculations: 25 (I) A full-time student, except a postsecondary or 26 adult student or a senior high school student enrolled in 27 adult education when such courses are required for high school 28 graduation, in a combination of programs listed in s. 29 1011.62(1)(c) shall be a fraction of a full-time equivalent 30 membership in each special program equal to the number of net 31 hours per school year for which he or she is a member, divided 60 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 by the appropriate number of hours set forth in subparagraph 2 (a)1. or subparagraph (a)2. The difference between that 3 fraction or sum of fractions and the maximum value as set 4 forth in subsection (4) for each full-time student is presumed 5 to be the balance of the student's time not spent in such 6 special education programs and shall be recorded as time in 7 the appropriate basic program. 8 (II) A prekindergarten handicapped student shall meet 9 the requirements specified for kindergarten students. 10 (III) A Florida Virtual School full-time equivalent 11 student shall consist of six full credit completions in the 12 programs listed in s. 1011.62(1)(c)1. and 4. Credit 13 completions can be a combination of either full credits or 14 half credits. 15 2. A student in membership in a program scheduled for 16 more or less than 180 school days is a fraction of a full-time 17 equivalent membership equal to the number of instructional 18 hours in membership divided by the appropriate number of hours 19 set forth in subparagraph (a)1.; however, for the purposes of 20 this subparagraph, membership in programs scheduled for more 21 than 180 days is limited to students enrolled in juvenile 22 justice education programs and the Florida Virtual School. 23 24 The department shall determine and implement an equitable 25 method of equivalent funding for experimental schools and for 26 schools operating under emergency conditions, which schools 27 have been approved by the department to operate for less than 28 the minimum school day. 29 Section 27. Florida Business and Education in School 30 Together (Florida BEST) Program.-- 31 (1) In order to increase business partnerships in 61 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 education, to reduce school and classroom overcrowding 2 throughout the state, and to offset the high costs of 3 educational facilities construction, the Legislature intends 4 to encourage the formation of partnerships between business 5 and education by creating the Florida Business and Education 6 in School Together (Florida BEST) Program. 7 (2) Each school board shall through advertisements in 8 local media and other means request proposals from area 9 businesses to allow the operation of a business and education 10 partnership school in facilities owned or operated by the 11 business. 12 (3) Each school district shall establish a Florida 13 BEST school evaluation committee. 14 (a) The committee shall be appointed by the school 15 board and be composed of one school district administrator, at 16 least one member of the business community, and at least one 17 member of a local chamber of commerce. 18 (b) The committee shall evaluate the feasibility of 19 each proposal, including the operating cost, number of 20 students to be served, proposed student-to-teacher ratio, 21 proposed number of years the satellite school would operate, 22 and any other operational or facilities considerations the 23 school board or committee deems appropriate. 24 (c) The committee shall recommend to the school board 25 those proposals for satellite schools the committee deems 26 viable and worthy of being established. The school board must 27 take official action on the recommendation of the committee 28 within 60 days after receipt of the recommendation. 29 (4) A "Florida Business and Education in School 30 Together (Florida BEST) school" is defined as a public school 31 offering instruction to students from kindergarten through 62 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 third grade. The school may offer instruction in any single 2 grade level or for multiple grade levels. Florida BEST schools 3 shall comply with the constitutional class size requirements. 4 (a) First priority for admission of students to the 5 Florida BEST school shall be given to the children of owners 6 and employees of the host business. If additional student 7 capacity remains after those children are admitted, the host 8 business may choose which other neighboring businesses may 9 also participate to generate a viable number of students for 10 the school. The school board shall make the necessary 11 arrangements to accommodate students from other school 12 districts whose parents are associated with the host business 13 or business partners. 14 (b) Parents shall be responsible for providing 15 transportation to and from school for the students. 16 (5) A multiyear contract for operation of the Florida 17 BEST school may be entered into between the school district 18 and the host business. The contract must at least include 19 provisions relating to any cost of facilities modifications, 20 provide for the assignment or waiver of appropriate insurance 21 costs, specify the number of students expected to be served, 22 provide grounds for canceling the lease, and specify the 23 advance notice required before the school may be closed. 24 (a) The school board shall be responsible for 25 providing the appropriate instructional, support, and 26 administrative staff and textbooks, materials, and supplies. 27 The school district may also agree to operate or contract for 28 the operation of a before school and after school program 29 using the donated facilities. 30 (b) The host business shall provide the appropriate 31 types of space for operating the school. If special 63 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 facilities, such as restrooms or dining, recreational, or 2 other areas are required, the district may contribute a part 3 of the cost of the construction, remodeling, or renovation for 4 such facilities from capital outlay funds of the district. A 5 multiyear lease for operation of the facility must be agreed 6 to if the school district contributes to the cost of such 7 construction. 8 Section 28. Notwithstanding any local government 9 ordinance or regulation, any business or corporation may 10 expand the square footage or floor area of its current or 11 proposed facility to accommodate a Florida Business and 12 Education in School Together (Florida BEST) school. Facilities 13 constructed to house a Florida BEST school must comply with 14 the State Uniform Building Code for Educational Facilities 15 Construction adopted pursuant to section 1013.37, Florida 16 Statutes, and must meet state and local health, environmental, 17 and safety laws and codes. 18 Section 29. Subsection (13) of section 1002.33, 19 Florida Statutes, as created by section 98 of ch. 2002-387, 20 Laws of Florida; section 1012.41, Florida Statutes, as created 21 by section 716 of chapter 2002-387, Laws of Florida; section 22 1013.21, Florida Statutes, as created by section 815 of 23 chapter 2002-387, Laws of Florida; and section 1013.43, 24 Florida Statutes, as created by section 842 of chapter 25 2002-387, Laws of Florida, are repealed. 26 Section 30. Subsection (13) is added to section 27 216.292, Florida Statutes, to read: 28 216.292 Appropriations nontransferable; exceptions.-- 29 (13) The Executive Office of the Governor shall 30 transfer funds from appropriations for public school 31 operations to a fixed capital outlay appropriation for class 64 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 size reduction based on recommendations of the Florida 2 Education Finance Program Appropriation Allocation Conference 3 or the Legislative Budget Commission pursuant to s. 4 1003.03(4)(a). This subsection is subject to the notice and 5 review provisions of s. 216.177. 6 Section 31. Subsection (1) of section 1003.62, Florida 7 Statutes, is amended to read: 8 1003.62 Charter school districts pilot program.--The 9 State Board of Education is authorized to enter into a 10 performance contract with up to six district school boards for 11 the purpose of establishing them as charter school districts. 12 The State Board of Education shall give priority to 13 Hillsborough and Volusia Counties upon the submission of a 14 completed precharter agreement or charter proposal for a 15 charter school district. The purpose of this pilot program is 16 to examine a new relationship between the State Board of 17 Education and district school boards that may produce 18 significant improvements in student achievement and school 19 management, while complying with constitutional requirements 20 assigned to each entity. 21 (1) CHARTER DISTRICT.--A charter school district is a 22 school district in Florida in which the district school board 23 has submitted and the State Board of Education has approved a 24 charter proposal that exchanges statutory and rule exemption 25 for agreement to meet performance goals in the proposal. The 26 charter school district shall be chartered for 3 years, at the 27 end of which the performance shall be evaluated. The State 28 Board of Education shall use the criteria approved in the 29 charter application to renew the charter of any school 30 district designated as a charter school district prior to June 31 30, 2003. A school district in which a minimum of 50 percent 65 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 of the schools earn a grade of "A" or "B" and in which no 2 school earns a grade of "D" or "F" pursuant to s. 1008.34(2) 3 is eligible to be designated as a charter school district. 4 Schools that receive a grade of "I" or "N" shall not be 5 included in this calculation. The performance contract for a 6 school district that earns a charter based on school grades 7 shall be predicated upon at least half the schools in the 8 district maintaining a grade of "A" or "B" and no school 9 earning a grade of "D" or "F." The charter for a school 10 district that qualifies based on school grades applies for 2 11 full school years after qualification and shall be extended by 12 1 year for each year that the district continues to qualify 13 based on the school grades within the district. If a school 14 within a district that has qualified based on school grades 15 receives a grade of "D" or "F," the charter may not be 16 extended or renewed until the district again meets the 17 qualifications set forth in the act. 18 Section 32. If any provision of this act or its 19 application to any person or circumstance is held invalid, the 20 invalidity does not affect other provisions or applications of 21 the act which can be given effect without the invalid 22 provision or application, and to this end the provisions of 23 this act are severable. 24 Section 33. Except as otherwise expressly provided in 25 this act, this act shall take effect July 1, 2003, and the 26 changes effected by this act to the Deferred Retirement Option 27 Program shall take effect June 1, 2003. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 66 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 On page 1, line 17, delete that line 2 3 and insert: 4 funds; amending s. 220.187, F.S.; increasing 5 the total amount of tax credit which may be 6 granted each state fiscal year; allowing tax 7 credits to be carried forward; providing for 8 the scholarship amounts awarded to be annually 9 adjusted based on the percentage change in the 10 Consumer Price Index; creating s. 220.1875, 11 F.S.; establishing a program for contributions 12 to nonprofit scholarship-funding organizations 13 to be used for dependent children of military 14 personnel; providing for tax credits that may 15 be granted each fiscal year for such 16 contributions; providing requirements and 17 limitations; amending s. 220.02, F.S.; 18 providing for the order of tax credits; 19 amending s. 220.13, F.S.; providing an add-back 20 to adjusted federal income; implementing 21 Amendment 9 to the State Constitution (November 22 2002 election); amending s. 1003.01, F.S.; 23 defining the terms "core-curricula courses" and 24 "extracurricular courses"; amending s. 1003.03, 25 F.S.; establishing the constitutional class 26 size maximum; providing for the determination 27 of averages; providing for the department to 28 calculate averages based upon student 29 membership surveys; providing implementation 30 options for school districts; providing 31 accountability for the class size reduction 67 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 measures; providing that a district school 2 board that fails to comply with maximum class 3 size requirements is subject to suspension by 4 the Governor; creating s. 1011.685, F.S.; 5 establishing an operating categorical fund for 6 implementing class size reduction; providing 7 for the use of the funds by school districts; 8 creating s. 1013.735, F.S.; establishing the 9 Classrooms for Kids Program; providing for the 10 allocation of funds; providing requirements for 11 district participation in the program; 12 providing for the use of the funds; creating s. 13 1013.736, F.S.; establishing the District 14 Equity Recognition Program; providing for 15 eligibility for school district participation; 16 establishing a district equity ratio for 17 purposes of calculating the allocation for the 18 program; providing for the use of the funds; 19 creating s. 1013.737, F.S.; establishing the 20 Class Size Reduction Lottery Revenue Bond 21 Program; authorizing the issuance of revenue 22 bonds to finance or refinance the construction, 23 acquisition, reconstruction, or renovation of 24 educational facilities; providing legislative 25 findings; specifying that the bonds are payable 26 from first proceeds of lottery revenues 27 transferred to the Educational Enhancement 28 Trust Fund; establishing a covenant with 29 bondholders to not materially and adversely 30 affect their rights; providing for issuance of 31 the bonds by the Division of Bond Finance on 68 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 behalf of the Department of Education; limiting 2 the total amount of such bonds issued; 3 providing for deposit of bond proceeds in the 4 Lottery Capital Outlay and Debt Service Trust 5 Fund; providing for the filing of complaints 6 for validation; providing for timely 7 encumbrances of funds for authorized projects; 8 amending s. 24.121, F.S.; removing limitations 9 on lottery revenues that may be pledged to the 10 payment of debt service; amending s. 121.091, 11 F.S.; authorizing instructional personnel who 12 receive authorization to extend participation 13 in the Deferred Retirement Option Program; 14 amending s. 1001.42, F.S.; clarifying 15 provisions concerning a school-within-a-school; 16 amending s. 1003.02, F.S.; requiring school 17 districts to notify parents of acceleration 18 mechanisms; eliminating a cross-reference to 19 conform to changes made by the act; amending s. 20 1003.43, F.S.; removing the requirement that a 21 life management course be offered during the 22 9th and 10th grade years; amending s. 1003.436, 23 F.S.; reducing the number of hours required for 24 one full credit for district schools 25 implementing block scheduling; amending s. 26 1011.62, F.S.; removing a date limitation to 27 provide for categorical flexibility; amending 28 s. 1011.69, F.S.; deleting obsolete provisions; 29 revising allocation amount to average percent 30 of funds generated; revising the exemption for 31 certain charter schools; providing that 69 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 Classrooms for Kids operating categorial funds 2 are not subject to provisions requiring equity 3 in school funding; amending s. 1012.56, F.S.; 4 revising the time period for an authorized 5 statement of status of eligibility for educator 6 certification requirements; amending 7 requirements for mastery of general knowledge 8 for a teaching certificate; revising 9 requirements for mastery of subject area 10 knowledge; revising requirements for mastery of 11 professional competence; amending s. 1012.57, 12 F.S.; requiring district school boards to adopt 13 rules to allow for the issuance of adjunct 14 educator certificates; amending s. 1013.03, 15 F.S.; requiring the Department of Education to 16 review rules relating to school construction 17 and make recommendations to the State Board of 18 Education; amending s. 1013.31, F.S.; requiring 19 school districts to periodically update the 20 inventory of educational facilities; amending 21 s. 1002.37, F.S.; revising priorities of the 22 Florida Virtual School; providing that certain 23 funds are internal funds; authorizing 24 supplemental support organization; revising 25 administrative responsibilities regarding 26 funding and reporting requirements for the 27 board of trustees of the Florida Virtual 28 School; authorizing franchise agreements; 29 providing for funding the Florida Virtual 30 School within the Florida Education Finance 31 Program; providing for funding based on credit 70 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 completion; providing a calculation; 2 eliminating obsolete provisions; amending s. 3 1011.61, F.S.; redefining the term "full-time 4 equivalent student" to include a Florida 5 Virtual School student; providing for 6 membership to exceed certain maximum days of 7 instruction; creating the Florida Business and 8 Education in School Together (Florida BEST) 9 Program; requiring school districts to seek 10 business partners for Florida BEST schools; 11 requiring each school district to create a 12 Florida BEST school evaluation committee; 13 defining a "Florida Business and Education in 14 School Together (Florida BEST) school"; 15 providing for priority in admission of 16 students; providing parental responsibility; 17 providing for contracts to operate Florida BEST 18 schools; providing school district and business 19 responsibilities for Florida BEST schools; 20 providing exemptions from local government 21 ordinances or regulations relating to square 22 footage or floor area; repealing ss. 23 1002.33(13), 1012.41, 1013.21, and 1013.43, 24 F.S., relating to number of charter schools, 25 directors of career and technical education, 26 reduction of relocatable facilities in use, and 27 the small school requirement; amending s. 28 216.292, F.S.; requiring the Executive Office 29 of the Governor to transfer funds for class 30 size reduction based on recommendations of the 31 Florida Education Finance Program Appropriation 71 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 Allocation Conference or the Legislative Budget 2 Commission; requiring notice and review; 3 amending s. 1003.62, F.S.; providing additional 4 criteria for the establishment of a charter 5 school district; providing for renewal of the 6 charter; providing for severability; providing 7 effective dates. 8 9 WHEREAS, in 1998 the voters approved an amendment to 10 Section 1, Article IX of the State Constitution that required 11 the Legislature to establish by law a uniform, efficient, 12 safe, secure, and high-quality system of free public schools 13 that allows students to obtain a high-quality education, and 14 WHEREAS, in 2002 the voters of Florida approved a 15 further amendment to Section 1, Article IX of the State 16 Constitution to assure that students obtain a high-quality 17 education, and 18 WHEREAS, the voters defined a high-quality education 19 as, by 2010 a prekindergarten through grade 3 core-curricula 20 class size of no more than 18 students assigned to a teacher, 21 a grade 4 through grade 8 core-curricula class size of no more 22 than 22 students assigned to a teacher, and a grade 9 through 23 grade 12 core-curricula class size of no more than 25 students 24 assigned to a teacher, and 25 WHEREAS, Section 1, Article IX of the State 26 Constitution further requires that such reduced class sizes be 27 accomplished through a system that is both efficient and 28 uniform, and 29 WHEREAS, there are a number of ways that the 30 Legislature could implement the provisions of Amendment 9 to 31 Section 1, Article IX of the State Constitution, and 72 7:32 PM 04/24/03 s2296.ed22.1b
SENATE AMENDMENT Bill No. CS for SB 2296 Amendment No. ___ Barcode 121788 1 WHEREAS, the Legislature has chosen to focus on student 2 achievement, provide clarity of goals, allow flexibility to 3 reach those goals, recognize issues relating to equity of 4 implementation, and require accountability to meet the 5 standards set forth in the State Constitution, NOW, THEREFORE, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 73 7:32 PM 04/24/03 s2296.ed22.1b