HOUSE AMENDMENT Bill No. HB 703 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Arza offered the following:
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14	Substitute Amendment for Amendment (544323) (with title
15	amendment)
16	Remove line(s) 4534-4648, and insert:
17	Section 58. Section 1012.47, Florida Statutes, is created
18	to read:
19	1012.47 Employment of alternative school personnel.--All
20	instructional and noninstructional personnel who are hired to
21	fill positions requiring direct contact with students in an
22	alternative school that operates under contract with a district
23	school system shall, upon employment and according to conditions
24	of the contract, file a complete set of fingerprints as required
25	in s. 1012.32. Such personnel shall be subject to state and
26	federal rules and regulations that govern public school
27	personnel.
28	Section 59. Paragraph (a) of subsection (1), subsection
29	(2), and paragraph (a) of subsection (3) of section 1012.585,
30	Florida Statutes, are amended to read:
31	1012.585 Process for renewal of professional
32	certificates.--
33	(1)(a) District school boards in this stateshall renew
34	state-issued professional certificates as follows:
35	1. Each district school board shall renew state-issued
36	professional certificates for individuals who hold a state-
37	issued professional certificate by this stateand are employed
38	by that district pursuant to criteria established in subsections
39	(2), (3), and (4) and rules of the State Board of Education.
40	2. The employing school district may charge the individual
41	an application fee not to exceed the amount charged by the
42	Department of Education for such services, including associated
43	late renewal fees. Each district school board shall transmit
44	monthly to the department a fee in an amount established by the
45	State Board of Education for each renewed certificate. The fee
46	shall not exceed the actual cost for maintenance and operation
47	of the statewide certification database and for the actual costs
48	incurred in printing and mailing such renewed certificates. As
49	defined in current rules of the state board, the department
50	shall contribute a portion of such fee for purposes of funding
51	the Educator Recovery Network established in s. 1012.798. The
52	department shall deposit all funds into the Educational
53	Certification Trust Fund for use as specified in s. 1012.59.
54	(2)(a) All professional certificates, except a
55	nonrenewable professional certificate, shall be renewable for
56	successive periods not to exceed 5 years after the date of
57	submission of documentation of completion of the requirements
58	for renewal provided in subsection (3). Only one renewal may be
59	granted during each 5-year validity period of a professional
60	certificate.
61	(b) A teacher with national certification from the
62	National Board for Professional Teaching Standards is deemed to
63	meet state renewal requirements for the life of the teacher's
64	national certificate in the subject shown on the national
65	certificate. A complete renewal application and fee shall be
66	submitted. The Commissioner of Education shall notify teachers
67	of the renewal application and fee requirements.
68	(c) As authorized by State Board of Education rule, a
69	teacher with a valid certificate issued by the American Board
70	for Certification of Teacher Excellence is deemed to meet state
71	renewal requirements for the life of the teacher's American
72	Board certificate in the subject shown on the American Board
73	certificate. A complete renewal application and fee shall be
74	submitted.
75	(d)(c)If the renewal application form is not received by
76	the department or by the employing school district before the
77	expiration of the professional certificate, the application
78	form, application fee, and a late fee must be submitted before
79	July 1 of the year following expiration of the certificate in
80	order to renew the professional certificate.
81	(e)(d)The State Board of Education shall adopt rules to
82	allow a 1-year extension of the validity period of a
83	professional certificate in the event of serious illness,
84	injury, or other extraordinary extenuating circumstances of the
85	applicant. The department shall grant such 1-year extension upon
86	written request by the applicant or by the district school
87	superintendent or the governing authority of a university lab
88	school, state-supported school, or private school that employs
89	the applicant.
90	(3) For the renewal of a professional certificate, the
91	following requirements must be met:
92	(a) The applicant must earn a minimum of 6 college credits
93	or 120 inservice points or a combination thereof. For each area
94	of specialization to be retained on a certificate, the applicant
95	must earn at least 3 of the required credit hours or equivalent
96	inservice points in the specialization area. Education in
97	"clinical educator" training pursuant to s. 1004.04(6)(b)
98	1004.04(5)(b)and credits or points that provide training in the
99	area of scientifically researched, knowledge-based reading
100	literacy and computational skills acquisition,exceptional
101	student education, normal child development, and the disorders
102	of development may be applied toward any specialization area.
103	Credits or points that provide training in the areas of drug
104	abuse, child abuse and neglect, strategies in teaching students
105	having limited proficiency in English, or dropout prevention, or
106	training in areas identified in the educational goals and
107	performance standards adopted pursuant to ss. 1000.03(5) and
108	1001.23 may be applied toward any specialization area. Credits
109	or points earned through approved summer institutes may be
110	applied toward the fulfillment of these requirements. Inservice
111	points may also be earned by participation in professional
112	growth components approved by the State Board of Education and
113	specified pursuant to s. 1012.98 in the district's approved
114	master plan for inservice educational training, including, but
115	not limited to, serving as a trainer in an approved teacher
116	training activity, serving on an instructional materials
117	committee or a state board or commission that deals with
118	educational issues, or serving on an advisory council created
119	pursuant to s. 1001.452.
120	Section 60. Section 1012.586, Florida Statutes, is created
121	to read:
122	1012.586 Additions or changes to certificates; duplicate
123	certificates.--A school district may process via a Department of
124	Education website certificates for the following applications of
125	public school employees:
126	(1) Addition of a subject coverage or endorsement to a
127	valid Florida certificate on the basis of the completion of the
128	appropriate subject area testing requirements of s.
129	1012.56(4)(a) or the completion of the requirements of an
130	approved school district program or the inservice components for
131	an endorsement.
132	(2) A reissued certificate to reflect a name change.
133	(3) A duplicate certificate to replace a lost or damaged
134	certificate.
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136	The employing school district shall charge the employee a fee
137	not to exceed the amount charged by the Department of Education
138	for such services. Each district school board shall retain a
139	portion of the fee as defined in the rules of the State Board of
140	Education. The portion sent to the department shall be used for
141	maintenance of the technology system, the web application, and
142	posting and mailing of the certificate.
143	Section 61. Paragraph (a) of subsection (2) of section
144	1012.61, Florida Statutes, is amended to read:
145	1012.61 Sick leave.--
146	(2) PROVISIONS GOVERNING SICK LEAVE.--The following
147	provisions shall govern sick leave:
148	(a) Extent of leave.--
149	1. Each member of the instructional staff employed on a
150	full-time basis is entitled to 4 days of sick leave as of the
151	first day of employment of each contract year and shall
152	thereafter earn 1 day of sick leave for each month of
153	employment, which shall be credited to the member at the end of
154	that month and which may not be used before it is earned and
155	credited to the member. Each other employee shall be credited
156	with 4 days of sick leave at the end of the first month of
157	employment of each contract year and shall thereafter be
158	credited for 1 day of sick leave for each month of employment,
159	which shall be credited to the employee at the end of the month
160	and which may not be used before it is earned and credited to
161	the employee. However, each member of the instructional staff
162	and each other employee is entitled to earn no more than 1 day
163	of sick leave times the number of months of employment during
164	the year of employment. If the employee terminates his or her
165	employment and has not accrued the 4 days of sick leave
166	available to him or her, the district school board may withhold
167	the average daily amount for the days of sick leave used but
168	unearned by the employee. Such leave may be taken only when
169	necessary because of sickness as prescribed in this section. The
170	sick leave shall be cumulative from year to year. There shall be
171	no limit on the number of days of sick leave which a member of
172	the instructional staff or an educational support employee may
173	accrue, except that at least one-half of this cumulative leave
174	must be established within the district granting such leave.
175	2. A district school board may establish policies and
176	prescribe standards to permit an employee to be absent 6 days
177	each school year for personal reasons. However, such absences
178	for personal reasons must be charged only to accrued sick leave,
179	and leave for personal reasons is noncumulative.
180	3. District school boards may adopt rules permitting the
181	annual payment for accumulated sick leave that is earned for
182	that year and that is unused at the end of the school year,
183	based on the daily rate of pay of the employee multiplied by up
184	to 80 percent. Days for which such payment is received shall be
185	deducted from the accumulated leave balance. Such annual payment
186	may apply only to instructional staff and educational support
187	employees.
188	4. A district school board may establish policies to
189	provide terminal pay for accumulated sick leave to instructional
190	staff and educational support employees of the district school
191	board. If termination of employment is by death of the employee,
192	any terminal pay to which the employee may have been entitled
193	may be made to his or her beneficiary. However, such terminal
194	pay may not exceed an amount determined as follows:
195	a. During the first 3 years of service, the daily rate of
196	pay multiplied by 35 percent times the number of days of
197	accumulated sick leave.
198	b. During the next 3 years of service, the daily rate of
199	pay multiplied by 40 percent times the number of days of
200	accumulated sick leave.
201	c. During the next 3 years of service, the daily rate of
202	pay multiplied by 45 percent times the number of days of
203	accumulated sick leave.
204	d. During the next 3 years of service, the daily rate of
205	pay multiplied by 50 percent times the number of days of
206	accumulated sick leave.
207	e. During and after the 13th year of service, the daily
208	rate of pay multiplied by 100 percent times the number of days
209	of accumulated sick leave.
210	5. A district school board may establish policies to
211	provide terminal pay for accumulated sick leave to any full-time
212	employee of the district school board other than instructional
213	staff or educational support employees as defined in this
214	section. If termination of the employee is by death of the
215	employee, any terminal pay to which the employee may have been
216	entitled may be made to the employee's beneficiary. For terminal
217	pay purposes, sick leave accrued after June 30, 2003, shall be
218	compensated at no more than the daily rate of pay applicable at
219	the time sick leave was earned.
220	a. Terminal pay may not exceed one-fourth of all unused
221	sick leave accumulated on or after July 1, 2001, and may not
222	exceed a maximum of 60 days of actual payment. This limit does
223	not impair any contractual agreement established before July 1,
224	2001; however, a previously established contract renewed on or
225	after July 1, 2001, constitutes a new contract.
226	b. For unused sick leave accumulated before July 1, 2001,
227	terminal payment shall be made pursuant to a district school
228	board's policies, contracts, or rules that are in effect on June
229	30, 2001.
230	c. If an employee has an accumulated sick leave balance of
231	60 days of actual payment or more prior to July 1, 2001, sick
232	leave earned after that date may not be accumulated for terminal
233	pay purposes until the accumulated leave balance for leave
234	earned before July 1, 2001, is less than 60 days.
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236	For purposes of this section, "educational support employee"
237	means any person employed by a district school board as a
238	teacher assistant; an education paraprofessional; a member of
239	the transportation, operations, maintenance, or food service
240	department; a secretary; or a clerical employee.
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244	================= T I T L E A M E N D M E N T =================
245	Remove line(s) 199-204, and insert:
246	school principals; creating s. 1012.47, F.S.; requiring certain
247	personnel in an alternative school that operates under contract
248	with a district school system to file a set of fingerprints;
249	requiring personnel to be subject to state and federal rules and
250	regulations; amending s. 1012.585, F.S.; revising certain
251	requirements for renewal of professional certificates;
252	correcting a cross reference; creating s. 1012.586, F.S.;
253	authorizing school districts to process certain applications via
254	website; providing for a fee and the uses thereof; amending s.
255	1012.61, F.S.; deleting restriction that permits annual payment
256	for accumulated sick leave only to instructional staff and
257	educational support employees; revising restrictions regarding
258	terminal pay for accumulated sick leave to employees other than
259	instructional staff or educational support employees; defining
260	"educational support employee"; amending s. 1012.72, F.S.;
261	expanding the