HB 0703 2003
1	A bill to be entitled
2	An act relating to class size reduction; providing a
3	popular name; amending s. 1003.01, F.S.; defining the
4	terms “core-curricula courses” and “extracurricular
5	courses"; amending s. 1003.03, F.S.; establishing
6	constitutional class size caps; providing exemptions;
7	providing for districtwide averages; providing for the
8	Department of Education to calculate the district average
9	based on student membership surveys; providing a toolbox
10	of implementation options for school districts; providing
11	accountability for class size reduction measures; creating
12	s. 1011.685, F.S.; establishing the Class Size Reduction
13	operating categorical; providing for the use of funds by
14	school districts; creating s. 1013.735, F.S.; establishing
15	the Classrooms for Kids Program; providing for the
16	allocation of funds; providing requirements for school
17	district participation; providing for the use of funds;
18	providing for pledges and bond validation of the funds;
19	providing for cash payment in the use of the funds;
20	creating the Class Size Reduction Small County Assistance
21	Program for fiscal year 2004-2005; providing
22	appropriations; creating s. 1013.736, F.S.; establishing
23	the District Equity Recognition Program; providing an
24	appropriation; providing for allocation of the
25	appropriation on a 5-year basis; providing for school
26	district eligibility; establishing a district equity ratio
27	for purposes of calculating the allocation for the
28	program; providing for the use of funds; creating s.
29	1013.737, F.S.; establishing the Class Size Reduction
30	Lottery Revenue Bond Program; authorizing issuance of
31	revenue bonds to finance or refinance the construction,
32	acquisition, reconstruction, or renovation of educational
33	facilities; specifying that said bonds are payable from
34	first proceeds of lottery revenues transferred to the
35	Educational Enhancement Trust Fund; establishing a
36	covenant with bondholders to not materially and adversely
37	affect their rights; providing for issuance of the bonds
38	by the Division of Bond Finance on behalf of the
39	Department of Education; limiting the total amount of such
40	bonds issued; providing for deposit of bond proceeds in
41	the Lottery Capital Outlay and Debt Service Trust Fund;
42	providing for the filing of complaints for validation;
43	providing for timely encumbrances of authorized projects;
44	amending s. 203.01, F.S.; increasing the rate of the tax
45	on gross receipts of communications services; amending s.
46	202.12, F.S.; reducing the rate of the tax on the sales of
47	communications services; amending s. 202.18, F.S.;
48	revising the distributions of the tax on the sales of
49	communications services; amending s. 212.20, F.S.;
50	revising the distributions of sales tax to local
51	governments; amending s. 215.61, F.S.; revising the
52	determination of the amount of bonds that can be serviced
53	by the gross receipts tax levied and collected pursuant to
54	chapter 203, F.S.; amending s. 24.121, F.S.; removing
55	limitations on lottery revenues that may be pledged to the
56	payment of debt service; amending s. 121.091, F.S.;
57	authorizing certain instructional personnel and school
58	administrators who receive authorization to extend
59	participation in the DROP; amending s. 1001.42, F.S.;
60	eliminating a cross reference relating to small schools;
61	amending s. 1002.33, F.S.; removing the cap on the number
62	of charter schools authorized in school districts;
63	correcting cross references; amending s. 1002.37, F.S.;
64	providing for funding of the Florida Virtual School within
65	the Florida Education Finance Program; providing for the
66	determination of a credit; deleting obsolete language;
67	creating s. 1002.395, F.S.; creating Florida Learning
68	Access Grants; providing for school district
69	participation; providing parental choice options;
70	providing obligations of participating school districts;
71	providing for parental obligations; providing requirements
72	for private school eligibility; providing for an initial
73	number of grants; providing for grant renewal; providing
74	for disbursement of grants; limiting state liability;
75	providing obligations of the Department of Education;
76	amending s. 1003.02, F.S.; requiring school districts to
77	notify parents of acceleration mechanism options;
78	eliminating a cross reference; amending s. 1003.43, F.S.;
79	removing requirement for life management course to be
80	taken in certain grades; amending s. 1003.436, F.S.;
81	reducing the number of hours required for one full credit;
82	amending s. 1011.24, F.S.; providing that the Florida
83	Virtual School is a special school district; amending s.
84	1011.61, F.S.; revising the definition of a full-time
85	equivalent student to include a Florida Virtual School
86	student; amending s. 1011.62, F.S.; revising categorical
87	funds and removing date limitation for categorical
88	flexibility; amending s. 1011.68, F.S.; correcting a cross
89	reference; amending s. 1011.69, F.S.; deleting obsolete
90	language; providing that Class Size Reduction operating
91	categorical funds are not subject to the Equity in School-
92	Level Funding Act; amending s. 1012.56, F.S.; revising the
93	time period for an official statement of status of
94	eligibility for certification; revising requirements for
95	mastery of general knowledge, mastery of subject area
96	knowledge, and mastery of professional preparation and
97	education competence; amending s. 1012.57, F.S.; requiring
98	district school boards to adopt rules to allow for the
99	issuance of adjunct educator certificates; revising
100	provisions relating to the determination of expertise in
101	the subject area to be taught; amending s. 1013.03, F.S.;
102	requiring the Department of Education to review rules
103	relating to school construction and make recommendations
104	for amendment; amending s. 1013.31, F.S.; requiring school
105	districts to periodically update the inventory of
106	educational facilities; amending s. 1013.35, F.S.;
107	eliminating a cross reference; creating s. 1013.368, F.S.;
108	requiring all new schools constructed by a date certain to
109	meet cost per student station limits; providing an
110	exception; amending s. 1013.64, F.S.; deleting exception
111	from cost per student station limits on projects funded
112	with certain sources of revenue; repealing s. 1012.41,
113	F.S., relating to employment of directors of career and
114	technical education; repealing s. 1013.21, F.S., relating
115	to reduction of relocatable facilities in use; repealing
116	s. 1013.43, F.S., relating to small school requirement;
117	providing severability; providing an effective date.
118
119	WHEREAS, in 1998, the voters of Florida approved an
120	amendment to Section 1 of Article IX of the Constitution of the
121	State of Florida that required the Legislature to establish, by
122	law, a uniform, efficient, safe, secure, and high-quality system
123	of free public schools that allows students to obtain a high-
124	quality education, and
125	WHEREAS, in 2002, the voters of Florida approved a further
126	amendment to Section 1 of Article IX of the Florida Constitution
127	to ensure that students obtain a high-quality education, and
128	WHEREAS, the voters defined a high-quality education as, by
129	2010, a prekindergarten through grade 3 core-curricula class
130	size of no more than 18 students assigned to a teacher, a grade
131	4 through grade 8 core-curricula class size of no more than 22
132	students assigned to a teacher, and a grade 9 through grade 12
133	core-curricula class size of no more 25 students assigned to a
134	teacher, and
135	WHEREAS, Section 1 of Article IX of the Florida
136	Constitution further requires that such reduced class sizes be
137	accomplished through a system that is both efficient and
138	uniform, and
139	WHEREAS, there are a number of ways in which the
140	Legislature could implement the provisions of amendment 9 to the
141	Florida Constitution that was approved by the voters in 2002,
142	and
143	WHEREAS, the Legislature has chosen to focus on student
144	achievement, provide clarity of goals, allow flexibility to
145	reach those goals, recognize issues relating to equity of
146	implementation, and require accountability to meet the standards
147	set forth in the Florida Constitution, NOW, THEREFORE,
148
149	Be It Enacted by the Legislature of the State of Florida:
150
151	Section 1. This act shall be known by the popular name
152	“The 2003 Class Size Reduction Act."
153	Section 2. Subsections (14) and (15) are added to section
154	1003.01, Florida Statutes, to read:
155	1003.01 Definitions.--As used in this chapter, the term:
156	(14) “Core-curricula courses” means traditional self-
157	contained elementary school classroom instruction and courses
158	that are defined by the Department of Education as mathematics,
159	language arts/reading, science, social studies, foreign
160	language, English for Speakers of Other Languages, and
161	exceptional student education.
162	(15) “Extracurricular courses” means all courses that are
163	not defined as core-curricula courses, which may include, but
164	are not limited to, physical education, fine arts, performing
165	fine arts, vocational education, and career and technical
166	education.
167	Section 3. Section 1003.03, Florida Statutes, is amended
168	to read:
169	1003.03 Maximum class size goals.--
170	(1) CONSTITUTIONAL CLASS SIZE CAPS.--Pursuant to s. 1,
171	Art. IX of the State Constitution, beginning in the 2010-2011
172	school year:
173	(a) The maximum number of students assigned to each
174	teacher who is teaching core-curricula courses in public school
175	classrooms for prekindergarten through grade 3 shall not exceed
176	18 students.
177	(b) The maximum number of students assigned to each
178	teacher who is teaching core-curricula courses in public school
179	classrooms for grades 4 through 8 shall not exceed 22 students.
180	(c) The maximum number of students assigned to each
181	teacher who is teaching core curricula courses in public school
182	classrooms for grades 9 through 12 shall not exceed 25 students.
183
184	As alternatives to traditional public schools, charter schools,
185	the Florida Virtual School, and Advanced Placement,
186	International Baccalaureate, Advanced International Certificate
187	of Education, and dual enrollment classes are not encompassed
188	within the definition of core-curricula courses in public school
189	classrooms.
190	(2) IMPLEMENTATION.--
191	(a) Beginning with the 2003-2004 fiscal year, school
192	districts shall reduce the districtwide average number of
193	students per classroom in prekindergarten through grade 3,
194	grades 4 through 8, and grades 9 through 12 by at least two
195	students per year until the maximum number of students per
196	classroom does not exceed the constitutional class size caps
197	described in subsection (1).
198	(b) The Department of Education shall annually calculate
199	each of the three school district average class size measures
200	defined in paragraph (a) based upon the October and February
201	student membership surveys. For purposes of determining the
202	baseline from which each school district’s average class size
203	must be reduced for the 2003-2004 school year, the department
204	shall utilize data from the February 2003 student membership
205	survey.
206	(c) Prior to the adoption of the district school budget
207	for 2003-2004, each district school board shall hold public
208	hearings to review school attendance zones in order to maximize
209	use of facilities while minimizing the additional use of
210	transportation in order to comply with the two-student-per-year
211	reduction required in paragraph (a). School districts that meet
212	the constitutional class size caps described in subsection (1)
213	are exempt from this requirement.
214	(3) TOOLBOX OF IMPLEMENTATION OPTIONS.--District school
215	boards must consider, but are not limited to, implementing the
216	following items in order to meet the constitutional class size
217	caps described in subsection (1) and the two-student-per-year
218	reduction required in subsection (2):
219	(a) Adoption of policies that encourage qualified students
220	to take dual enrollment courses.
221	(b) Adoption of policies that encourage students to take
222	courses from the Florida Virtual School.
223	(c) Repeal of district school board policies that require
224	students to have more than 24 credits to graduate from high
225	school.
226	(d) Use of methods to maximize use of instructional staff,
227	such as changing required teaching loads and scheduling of
228	planning periods, deploying school district employees who have
229	professional certification to the classroom, using adjunct
230	educators, or using any other method not prohibited by law.
231	(e) Use of innovative methods to reduce the cost of school
232	construction by using prototype school designs, using SMART
233	Schools designs, participating in the School Infrastructure
234	Thrift (SIT) Program, or using any other method not prohibited
235	by law.
236	(f) Use of joint-use facilities through partnerships with
237	community colleges, state universities, and private colleges and
238	universities.
239	(g) Adoption of alternative methods of class scheduling
240	such as block scheduling.
241	(h) Redrawing of school attendance zones to maximize use
242	of facilities while minimizing the additional use of
243	transportation.
244	(i) Operation of schools beyond the normal operating hours
245	to provide classes in the evening or running more than one
246	session of school during the day.
247	(j) Utilization of year-round schools and other
248	nontraditional calendars that do not adversely impact annual
249	assessment of student achievement.
250	(k) Implementation of Florida Learning Access Grants as
251	provided in s. 1002.395.
252	(l) Review and consideration of amending any collective
253	bargaining contracts that hinder the implementation of class
254	size reduction.
255	(m) Any other approach not prohibited by law.
256	(4) ACCOUNTABILITY.--
257	(a) Beginning in 2004 and until 2008, the Department of
258	Education shall determine by January 15 of each year which
259	school districts have not met the two-student-per-year reduction
260	required in subsection (2) for the current year based upon a
261	comparison of the school district’s October student membership
262	survey for the current school year and the October student
263	membership survey for the prior school year. The department
264	shall report such school districts to the Legislature. Each
265	school district that has not met the two-student-per-year
266	reduction as identified by the department shall be required to
267	implement one of the following policies in the subsequent school
268	year unless the department finds that the school district comes
269	into compliance based upon the February student membership
270	survey:
271	1. Rezoning;
272	2. Year-round schools;
273	3. Double sessions; or
274	4. Florida Learning Access Grants as provided in s.
275	1002.395.
276
277	Required school districts shall implement the policies outlined
278	in subparagraphs 1. through 4. in such a way as to, in the year
279	of implementation, make up for any past deficiencies and bring
280	the school district into compliance with the two-student-per-
281	year reduction goals established for the school district by the
282	department pursuant to subsection (2). School districts may
283	choose to implement more than one of these policies. District
284	school superintendents shall report to the Commissioner of
285	Education on the extent to which the school district implemented
286	any of the policies outlined in subparagraphs 1. through 4. in a
287	format to be specified by the commissioner. The department shall
288	utilize the enforcement authority provided in s. 1008.32 to
289	ensure that districts comply with the provisions of this
290	paragraph.
291	(b) Beginning in 2008, the Department of Education shall
292	annually determine which school districts do not meet the
293	constitutional class size caps described in subsection (1). In
294	addition to enforcement authority provided in s. 1008.32, the
295	department shall develop a constitutional compliance plan for
296	each such school district which shall consist of, but is not
297	limited to, the accountability policies listed in paragraph (a).
298	District school boards shall implement the constitutional
299	compliance plan developed by the department until the school
300	district comes into compliance with the constitutional class
301	size caps.It is the goal of the Legislature and each district
302	school board that each elementary school in the school district
303	beginning with kindergarten through grade three class sizes not
304	exceed 20 students, with a ratio of one full-time equivalent
305	teacher per 20 students; except that only in the case of "D" and
306	"F" schools as identified by the commissioner, the goal in
307	kindergarten through grade three shall be a ratio of one full-
308	time equivalent teacher per 15 students. For purposes of any
309	funding in the General Appropriations Act to meet these goals,
310	the district school board shall give priority to identified "D"
311	and "F" schools in the school district. Second priority for the
312	use of any funds designated for meeting these goals shall be for
313	kindergarten through grade one. Third priority for the use of
314	any funds designated for meeting these goals shall be for grades
315	two and three.
316	Section 4. Section 1011.685, Florida Statutes, is created
317	to read:
318	1011.685 Class Size Reduction operating categorical.--
319	(1) ALLOCATION.--The Department of Education shall
320	allocate to each school district an amount prescribed by the
321	Legislature for implementation of the class size reduction
322	provisions of s. 1, Art. IX of the State Constitution. The funds
323	appropriated in this categorical shall be prorated among all
324	school districts based upon each school district’s proportion of
325	the Florida Education Finance Program base funding.
326	(2) USE OF FUNDS.--Class Size Reduction operating
327	categorical funds shall be used as follows:
328	(a) School districts that do not meet the constitutional
329	class size caps described in s. 1003.03(1) or the two-student-
330	per-year reduction goals established for the school district by
331	the Department of Education pursuant to s. 1003.03(2) may use
332	the funds in any lawful manner to reduce class size, but should
333	give priority in the use of the funds to hire or compensate
334	classroom teachers as defined in s. 1012.01(2)(a).
335	(b) School districts that meet the constitutional class
336	size caps described in s. 1003.03(1) or the two-student-per-year
337	reduction goals established for the school district by the
338	department pursuant to s. 1003.03(2) may use the funds for any
339	lawful operating expenditure, but should give priority in the
340	use of the funds to increase the salaries of classroom teachers
341	as defined in s. 1012.01(2)(a).
342	Section 5. Section 1013.735, Florida Statutes, is created
343	to read:
344	1013.735 Classrooms for Kids Program.--
345	(1) ALLOCATION.--The Department of Education shall
346	allocate funds appropriated for the Classrooms for Kids Program
347	which is hereby established. It is the intent of the Legislature
348	that this program be administered as nearly as practicable in
349	the same manner as the capital outlay program authorized under
350	s. 9(d), Art. XII of the State Constitution. Each district
351	school board’s share of the annual appropriation for the
352	Classrooms for Kids Program must be calculated according to the
353	following formula, but the share of each school district shall,
354	at a minimum, be at least equal to the amount required for all
355	payments of the school district relating to bonds issued by the
356	state on its behalf:
357	(a) Twenty-five percent of the appropriation shall be
358	prorated to the school districts based on each school district’s
359	percentage of base capital outlay full-time equivalent
360	membership, and 65 percent shall be based on each school
361	district’s percentage of growth capital outlay full-time
362	equivalent membership as specified for the allocation of funds
363	from the Public Education Capital Outlay and Debt Service Trust
364	Fund by s. 1013.64(3).
365	(b) Ten percent of the appropriation shall be allocated
366	among district school boards according to the allocation formula
367	in s. 1013.64(1)(a).
368	(2) DISTRICT PARTICIPATION.--In order to receive
369	Classrooms for Kids Program funds, a district school board
370	shall:
371	(a) Enter into an interlocal agreement pursuant to s.
372	1013.33.
373	(b) Certify that the school district’s inventory of
374	facilities listed in the Florida Inventory of School Houses is
375	accurate and up to date pursuant to s. 1013.31.
376	(3) USE OF FUNDS.--In order to increase capacity to reduce
377	class size, a district school board shall expend the funds
378	received pursuant to this section only to:
379	(a) Construct, renovate, remodel, repair, or maintain
380	educational facilities that are in excess of projects identified
381	in the school district’s 5-year work program;
382	(b) Purchase or lease-purchase relocatable facilities that
383	are in excess of relocatables identified in the school
384	district’s 5-year work program;
385	(c) Pay debt service on bonds issued pursuant to this
386	section, the proceeds of which must be expended for new
387	construction, remodeling, renovation, and major repairs that are
388	in excess of projects identified in the school district’s 5-year
389	work program; or
390	(d) Hire or supplement the salaries of classroom teachers
391	as defined in s. 1012.01(2)(a) pursuant to subsection (6).
392	(4) PLEDGES.--Each district school board that pledges
393	moneys under paragraph (3)(c) shall notify the Department of
394	Education of its election at a time set by the department;
395	however, the initial notification shall be by September 2003.
396	The department shall review the proposal of each district school
397	board for compliance with this section and shall forward all
398	approved proposals to the Division of Bond Finance with a
399	request to issue bonds on behalf of the approved school
400	districts. The Division of Bond Finance shall pool the pledges
401	from all school districts making the election in that year and
402	shall issue the bonds on behalf of the school districts for a
403	period not to exceed the distributions to be received under s.
404	24.121(2). The bonds must be issued in accordance with s. 11(d),
405	Art. VII of the State Constitution, and each project to be
406	constructed with the proceeds of bonds is hereby approved as
407	provided in s. 11(f), Art. VII of the State Constitution. The
408	bonds shall be issued pursuant to the State Bond Act to the
409	extent not inconsistent with this section.
410	(5) BOND VALIDATION.--Bonds issued under this section must
411	be validated as prescribed by chapter 75. The complaint for the
412	validation must be filed in the circuit court of the county
413	where the seat of state government is situated; the notice
414	required to be published by s. 75.06 must be published only in
415	the county where the complaint is filed; and the complaint and
416	order of the circuit court must be served only on the state
417	attorney of the circuit in which the action is pending. The
418	state covenants with holders of bonds issued under this section
419	that it will not take any action that will materially and
420	adversely affect the rights of such holders so long as such
421	bonds are outstanding.
422	(6) CRITERIA FOR CASH PAYMENT.--A school district may only
423	receive a cash distribution of non-PECO dollars for use pursuant
424	to paragraph (3)(d) if the district school board certifies to
425	the Commissioner of Education that the school district has met
426	the constitutional class size caps described in s. 1003.03(1).
427	Section 6. Class Size Reduction Small County Assistance
428	Program for fiscal year 2004-2005.--There is established the
429	Class Size Reduction Small County Assistance Program for fiscal
430	year 2004-2005.
431	(1) The purpose of the program is to provide funds to
432	school districts in small counties to assist with implementation
433	of class size reduction. The program is intended to supplement
434	the Special Facility Construction Account authorized in s.
435	1013.64(2)(a), Florida Statutes, and does not affect any award
436	under that account. However, a school district may not receive
437	an award from this program and the Special Facility Construction
438	Account in the same fiscal year.
439	(2) The program shall be administered by the Department of
440	Education and shall use the procedures established in s.
441	1013.64(2)(a), Florida Statutes, relating to the Special
442	Facility Construction Account.
443	(3) There is hereby appropriated from the Public Education
444	Capital Outlay and Debt Service Trust Fund to the Department of
445	Education for fiscal year 2004-2005 the sum of $30 million to
446	implement this program.
447	(4) For purposes of this section, “small county” means any
448	county that has an unincarcerated population of 75,000 or less
449	according to the most recent decennial census.
450	Section 7. There is hereby appropriated from the Public
451	Education Capital Outlay and Debt Service Trust Fund to the
452	Department of Education for fiscal year 2003-2004 the sum of
453	$100 million. The purpose of this appropriation is to fund
454	School Infrastructure Thrift (SIT) Program awards pursuant to
455	the provisions of ss. 1013.42 and 1013.72, Florida Statutes. The
456	funds appropriated in this section shall not be subject to the
457	provisions of s. 216.301, Florida Statutes.
458	Section 8. Section 1013.736, Florida Statutes, is created
459	to read:
460	1013.736 District Equity Recognition Program.--There is
461	established the District Equity Recognition Program.
462	(1) RECOGNITION FUNDS.--There is hereby appropriated for
463	district equity recognition grants the sum of $500 million from
464	the Public Education Capital Outlay and Debt Service Trust Fund.
465	The amount of funds authorized for district equity recognition
466	grant awards is $50 million, $75 million, $100 million, $125
467	million, and $150 million in years 1, 2, 3, 4, and 5,
468	respectively. The funds appropriated in this section shall not
469	be subject to the provisions of s. 216.301.
470	(2) ELIGIBILITY.--Annually, the Department of Education
471	shall determine each school district’s compliance with the
472	provisions of s. 1003.03 and determine the school district’s
473	eligibility to receive a district equity recognition grant for
474	local school facilities projects pursuant to this section.
475	School districts shall be eligible for a district equity
476	recognition grant if any of the following conditions is met:
477	(a) The school district levies a half-cent local option
478	school sales surtax authorized in s. 212.055(6).
479	(b) The school district participates in the levy of the
480	local government infrastructure sales surtax authorized in s.
481	212.055(2).
482	(c) The school district levies voted millage for capital
483	outlay purposes as authorized in s. 9, Art. VII of the State
484	Constitution.
485	(3) DISTRICT EQUITY RATIO.--The Department of Education
486	shall annually calculate a district equity ratio for each school
487	district by September 1 after each fiscal year. The ratio shall
488	be defined as the sum of three products. Each product represents
489	the prior year amount of revenue from each revenue levied as
490	described in subsection (2) divided by 12, multiplied by the
491	number of authorized months remaining in each voter referendum.
492	The number of months remaining shall be calculated as complete
493	months after the last day of the prior fiscal year. The
494	Department of Revenue shall report the amount of voter-approved
495	revenue described in subsection (2). Only the amount of voter-
496	approved revenue described in paragraph (2)(b) that has been
497	identified for school district fixed capital outlay from the
498	prior fiscal year shall be used in the calculation of the
499	district equity ratio.
500	(4) ALLOCATION AND DISTRIBUTION OF FUNDS.--The Department
501	of Education shall allocate the annual amount of funds provided
502	among all eligible school districts based upon the school
503	district’s proportion of the funds as determined by the
504	district’s equity ratio. Funds shall be distributed once a
505	school district has encumbered the funds.
506	(5) USE OF FUNDS.--School districts that do not meet the
507	constitutional class size caps described in s. 1003.03(1) must
508	use the funds for capital outlay to reduce class size. School
509	districts that meet the constitutional class size caps may use
510	the funds for any lawful capital outlay purpose.
511	Section 9. Section 1013.737, Florida Statutes, is created
512	to read:
513	1013.737 Class Size Reduction Lottery Revenue Bond
514	Program.--There is established the Class Size Reduction Lottery
515	Revenue Bond Program.
516	(1) The issuance of revenue bonds is authorized to finance
517	or refinance the construction, acquisition, reconstruction, or
518	renovation of educational facilities. Such bonds shall be issued
519	pursuant to, and in compliance with, the provisions of s. 11(d),
520	Art. VII of the State Constitution, the provisions of the State
521	Bond Act, ss. 215.57-215.83, as amended, and the provisions of
522	this section.
523	(2) The bonds are payable from, and secured by a first
524	lien on, the first lottery revenues transferred to the
525	Educational Enhancement Trust Fund each fiscal year, as provided
526	by s. 24.121(2), and do not constitute a general obligation of,
527	or a pledge of the full faith and credit of, the state.
528	(3) The state hereby covenants with the holders of such
529	revenue bonds that it will not take any action which will
530	materially and adversely affect the rights of such holders so
531	long as bonds authorized by this section are outstanding. The
532	state does hereby additionally authorize the establishment of a
533	covenant in connection with the bonds which provides that any
534	additional funds received by the state from new or enhanced
535	lottery programs, video gaming, or other similar activities will
536	first be available for payments relating to bonds pledging
537	revenues available pursuant to s. 24.121(2) prior to use for any
538	other purpose.
539	(4) The bonds shall be issued by the Division of Bond
540	Finance of the State Board of Administration on behalf of the
541	Department of Education in such amount as shall be requested by
542	resolution of the State Board of Education. However, the total
543	principal amount of bonds, excluding refunding bonds, issued
544	pursuant to this section shall not exceed $2 billion.
545	(5) Proceeds available from the sale of the bonds shall be
546	deposited in the Lottery Capital Outlay and Debt Service Trust
547	Fund within the Department of Education.
548	(6) The facilities to be financed with the proceeds of
549	such bonds are designated as state fixed capital outlay projects
550	for purposes of s. 11(d), Art. VII of the State Constitution,
551	and the specific facilities to be financed shall be identified
552	by each school district. Projects shall be funded from the
553	Lottery Capital Outlay and Debt Service Trust Fund. Each
554	educational facility to be financed with the proceeds of the
555	bonds issued pursuant to this section is hereby approved as
556	required by s. 11(f), Art. VII of the State Constitution.
557	(7) Any complaint for validation of such bonds is required
558	to be filed only in the circuit court of the county where the
559	seat of state government is situated. The notice required to be
560	published by s. 75.06 is required to be published only in the
561	county where the complaint is filed, and the complaint and order
562	of the circuit court need be served only on the state attorney
563	of the circuit in which the action is pending.
564	Section 10. The Commissioner of Education shall provide
565	for timely encumbrances of funds for duly authorized projects.
566	Encumbrances may include proceeds to be received under a
567	resolution approved by the State Board of Education authorizing
568	issuance of class size reduction lottery bonds pursuant to s.
569	11(d), Art. VII of the State Constitution, s. 1013.737, Florida
570	Statutes, and other applicable law.
571	Section 11. Paragraph (b) of subsection (1) of section
572	203.01, Florida Statutes, is amended to read:
573	203.01 Tax on gross receipts for utility and
574	communications services.--
575	(1)
576	(b) The rate applied to utility services shall be 2.5
577	percent. The rate applied to communications services shall be
578	as follows:
579	1. Prior to January 1, 2004, 2.37 percent.
580	2. Beginning January 1, 2004, 2.749 percent.
581	3. Beginning June 1, 2004, 2.722 percent.
582
583	However, notwithstanding subparagraphs 2. and 3., the rate
584	applied to communications services that are subject to the
585	exemption provided in s. 202.125(1) shall be 2.37 percent.
586	Section 12. Paragraphs (a) and (c) of subsection (1) of
587	section 202.12, Florida Statutes, are amended to read:
588	202.12 Sales of communications services.--The Legislature
589	finds that every person who engages in the business of selling
590	communications services at retail in this state is exercising a
591	taxable privilege. It is the intent of the Legislature that the
592	tax imposed by chapter 203 be administered as provided in this
593	chapter.
594	(1) For the exercise of such privilege, a tax is levied on
595	each taxable transaction, and the tax is due and payable as
596	follows:
597	(a) Except as otherwise provided in this subsection, at a
598	rate of 6.8 percent applied to the sales price of the
599	communications service which:
600	1. Originates and terminates in this state, or
601	2. Originates or terminates in this state and is charged
602	to a service address in this state,
603
604	when sold at retail, computed on each taxable sale for the
605	purpose of remitting the tax due. Beginning January 1, 2004, the
606	tax rate applied to the sales price of the communications
607	service shall be 6.421 percent. Beginning June 1, 2004, the tax
608	rate applied to the sales price of the communications service
609	shall be 6.448 percent.The gross receipts tax imposed by
610	chapter 203 shall be collected on the same taxable transactions
611	and remitted with the tax imposed by this paragraph. If no tax
612	is imposed by this paragraph by reason of s. 202.125(1), the tax
613	imposed by chapter 203 shall nevertheless be collected and
614	remitted in the manner and at the time prescribed for tax
615	collections and remittances under this chapter.
616	(c) At the rate of 10.8 percent on the retail sales price
617	of any direct-to-home satellite service received in this state.
618	Beginning January 1, 2004, the tax rate of 10.421 percent shall
619	be imposed on the retail sales price of any direct-to-home
620	satellite service received in this state. Beginning June 1,
621	2004, the tax rate of 10.448 percent shall be imposed on the
622	retail sales price of any direct-to-home satellite service
623	received in this state.The proceeds of the tax imposed under
624	this paragraph shall be accounted for and distributed in
625	accordance with s. 202.18(2). The gross receipts tax imposed by
626	chapter 203 shall be collected on the same taxable transactions
627	and remitted with the tax imposed by this paragraph.
628	Section 13. Paragraph (b) of subsection (2) of section
629	202.18, Florida Statutes, is amended to read:
630	202.18 Allocation and disposition of tax proceeds.--The
631	proceeds of the communications services taxes remitted under
632	this chapter shall be treated as follows:
633	(2) The proceeds of the taxes remitted under s.
634	202.12(1)(c) shall be divided as follows:
635	(b) The following portion of the remaining proceedsSixty
636	three percent of the remainder shall be allocated to the state:
637	1. Prior to January 1, 2004, 63 percent.
638	2. Beginning February 1, 2004, 61.617 percent.
639	3. Beginning July 1, 2004, 61.712 percent.
640
641	The proceeds of this paragraph shall beanddistributed pursuant
642	to s. 212.20(6), except that the proceeds allocated pursuant to
643	s. 212.20(6)(d)3. shall be prorated to the participating
644	counties in the same proportion as that month's collection of
645	the taxes and fees imposed pursuant to chapter 212 and paragraph
646	(1)(b).
647	Section 14. Paragraph (d) of subsection (6) of section
648	212.20, Florida Statutes, is amended to read:
649	212.20 Funds collected, disposition; additional powers of
650	department; operational expense; refund of taxes adjudicated
651	unconstitutionally collected.--
652	(6) Distribution of all proceeds under this chapter and s.
653	202.18(1)(b) and (2)(b) shall be as follows:
654	(d) The proceeds of all other taxes and fees imposed
655	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
656	and (2)(b) shall be distributed as follows:
657	1. In any fiscal year, the greater of $500 million, minus
658	an amount equal to 4.6 percent of the proceeds of the taxes
659	collected pursuant to chapter 201, or 5 percent of all other
660	taxes and fees imposed pursuant to this chapter or remitted
661	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
662	monthly installments into the General Revenue Fund.
663	2. Two-tenths of one percent shall be transferred to the
664	Ecosystem Management and Restoration Trust Fund to be used for
665	water quality improvement and water restoration projects.
666	3. After the distribution under subparagraphs 1. and 2.,
667	9.653 percentof the amount remitted by a sales tax dealer
668	located within a participating county pursuant to s. 218.61, the
669	following shareshall be transferred into the Local Government
670	Half-cent Sales Tax Clearing Trust Fund:
671	a. Prior to February 1, 2004, 9.653 percent.
672	b. Beginning February 1, 2004, 9.678 percent.
673	c. Beginning July 1, 2004, 9.700 percent.
674	4. After the distribution under subparagraphs 1., 2., and
675	3., of the remaining proceeds, the following share0.065 percent
676	shall be transferred to the Local Government Half-cent Sales Tax
677	Clearing Trust Fund:
678	a. Prior to February 1, 2004, 0.065 percent.
679	b. Beginning February 1, 2004, 0.0653 percent.
680	c. Beginning July 1, 2004, 0.0654 percent.
681
682	The transfer pursuant to this subparagraph shall beand
683	distributed pursuant to s. 218.65.
684	5. For proceeds received after July 1, 2000, and after the
685	distributions under subparagraphs 1., 2., 3., and 4., 2.25
686	percent of the available proceeds pursuant to this paragraph,
687	the following shareshall be transferred monthly to the Revenue
688	Sharing Trust Fund for Counties pursuant to s. 218.215:
689	a. Prior to February 1, 2004, 2.25 percent.
690	b. Beginning February 1, 2004, 2.263 percent.
691	c. Beginning July 1, 2004, 2.264 percent.
692	6. For proceeds received after July 1, 2000, and after the
693	distributions under subparagraphs 1., 2., 3., and 4., 1.0715
694	percent of the available proceeds pursuant to this paragraph,
695	the following shareshall be transferred monthly to the Revenue
696	Sharing Trust Fund for Municipalities pursuant to s. 218.215:
697	a. Prior to February 1, 2004, 1.0715 percent.
698	b. Beginning February 1, 2004, 1.0776 percent.
699	c. Beginning July 1, 2004, 1.078 percent.
700
701	If the total revenue to be distributed pursuant to this
702	subparagraph is at least as great as the amount due from the
703	Revenue Sharing Trust Fund for Municipalities and the Municipal
704	Financial Assistance Trust Fund in state fiscal year 1999-2000,
705	no municipality shall receive less than the amount due from the
706	Revenue Sharing Trust Fund for Municipalities and the Municipal
707	Financial Assistance Trust Fund in state fiscal year 1999-2000.
708	If the total proceeds to be distributed are less than the amount
709	received in combination from the Revenue Sharing Trust Fund for
710	Municipalities and the Municipal Financial Assistance Trust Fund
711	in state fiscal year 1999-2000, each municipality shall receive
712	an amount proportionate to the amount it was due in state fiscal
713	year 1999-2000.
714	7. Of the remaining proceeds:
715	a. Beginning July 1, 2000, and in each fiscal year
716	thereafter, the sum of $29,915,500 shall be divided into as many
717	equal parts as there are counties in the state, and one part
718	shall be distributed to each county. The distribution among the
719	several counties shall begin each fiscal year on or before
720	January 5th and shall continue monthly for a total of 4 months.
721	If a local or special law required that any moneys accruing to a
722	county in fiscal year 1999-2000 under the then-existing
723	provisions of s. 550.135 be paid directly to the district school
724	board, special district, or a municipal government, such payment
725	shall continue until such time that the local or special law is
726	amended or repealed. The state covenants with holders of bonds
727	or other instruments of indebtedness issued by local
728	governments, special districts, or district school boards prior
729	to July 1, 2000, that it is not the intent of this subparagraph
730	to adversely affect the rights of those holders or relieve local
731	governments, special districts, or district school boards of the
732	duty to meet their obligations as a result of previous pledges
733	or assignments or trusts entered into which obligated funds
734	received from the distribution to county governments under then-
735	existing s. 550.135. This distribution specifically is in lieu
736	of funds distributed under s. 550.135 prior to July 1, 2000.
737	b. The department shall distribute $166,667 monthly
738	pursuant to s. 288.1162 to each applicant that has been
739	certified as a "facility for a new professional sports
740	franchise" or a "facility for a retained professional sports
741	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
742	distributed monthly by the department to each applicant that has
743	been certified as a "facility for a retained spring training
744	franchise" pursuant to s. 288.1162; however, not more than
745	$208,335 may be distributed monthly in the aggregate to all
746	certified facilities for a retained spring training franchise.
747	Distributions shall begin 60 days following such certification
748	and shall continue for not more than 30 years. Nothing contained
749	in this paragraph shall be construed to allow an applicant
750	certified pursuant to s. 288.1162 to receive more in
751	distributions than actually expended by the applicant for the
752	public purposes provided for in s. 288.1162(6). However, a
753	certified applicant is entitled to receive distributions up to
754	the maximum amount allowable and undistributed under this
755	section for additional renovations and improvements to the
756	facility for the franchise without additional certification.
757	c. Beginning 30 days after notice by the Office of
758	Tourism, Trade, and Economic Development to the Department of
759	Revenue that an applicant has been certified as the professional
760	golf hall of fame pursuant to s. 288.1168 and is open to the
761	public, $166,667 shall be distributed monthly, for up to 300
762	months, to the applicant.
763	d. Beginning 30 days after notice by the Office of
764	Tourism, Trade, and Economic Development to the Department of
765	Revenue that the applicant has been certified as the
766	International Game Fish Association World Center facility
767	pursuant to s. 288.1169, and the facility is open to the public,
768	$83,333 shall be distributed monthly, for up to 168 months, to
769	the applicant. This distribution is subject to reduction
770	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
771	made, after certification and before July 1, 2000.
772	8. All other proceeds shall remain with the General
773	Revenue Fund.
774	Section 15. Subsection (3) of section 215.61, Florida
775	Statutes, is amended to read:
776	215.61 State system of public education capital outlay
777	bonds.--
778	(3) No bonds authorized by s. 9(a)(2), Art. XII of the
779	State Constitution shall be issued in an amount exceeding 90
780	percent of the amount which the State Board of Education
781	determines can be serviced by the revenues derived from the
782	gross receipts tax levied and collected pursuant to chapter 203.
783	In determining the amount which can be serviced by the gross
784	receipts tax, the State Board of Education shall utilize the
785	average annual amount of revenue collected for the tax periods
786	during the 24 months immediately preceding the most recent
787	collection date prior to the date of issuance of any such bonds,
788	adjusted to reflect revenues which would have been collected had
789	legislation enacted into law prior to the date of determination
790	been in effect during the 24-month period. The aforementioned
791	adjustment shall be based on the assumption that the provisions
792	of the enacted legislation had taken effect 24 months prior to
793	the dates contemplated in said legislation. For purpose of the
794	approval required by s. 215.73, official estimates of future
795	collections furnished by the StateBoard of Education prior to
796	the estimated date of issuance shall be used to determine fiscal
797	sufficiency. However, 100 percent of the amount required to
798	provide for the debt service for the current fiscal year of the
799	bonds issued prior to July 1, 1975, under the provisions of s.
800	9(a)(2), Art. XII of the State Constitution shall be deducted in
801	making the determination.
802	Section 16. Subsection (2) of section 24.121, Florida
803	Statutes, is amended to read:
804	24.121 Allocation of revenues and expenditure of funds for
805	public education.--
806	(2) Each fiscal year, at least 38 percent of the gross
807	revenue from the sale of on-line lottery tickets, variable
808	percentages of the gross revenue from the sale of instant
809	lottery tickets as determined by the department consistent with
810	subsection (1), and other earned revenue, excluding application
811	processing fees, shall be deposited in the Educational
812	Enhancement Trust Fund, which is hereby created in the State
813	Treasury to be administered by the Department of Education. The
814	Department of the Lottery shall transfer moneys to the
815	Educational Enhancement Trust Fund at least once each quarter.
816	Funds in the Educational Enhancement Trust Fund shall be used to
817	the benefit of public education in accordance with the
818	provisions of this act. Notwithstanding any other provision of
819	law, a maximum of $180 million oflottery revenues transferred
820	to the Educational Enhancement Trust Fund in fiscal year 1997-
821	1998 and for 30 years thereaftershall be reserved as needed and
822	used to meet the requirements of the documents authorizing the
823	bonds issued by the state pursuant to s. 1013.68,or s. 1013.70,
824	s. 1013.735, or s. 1013.737or distributed to school districts
825	for the Classrooms First Program as provided in s. 1013.68. Such
826	lottery revenues are hereby pledged to the payment of debt
827	service on bonds issued by the state pursuant to s. 1013.68,or
828	s. 1013.70, s. 1013.735, or s. 1013.737. Debt service payable on
829	bonds issued by the state pursuant to s. 1013.68,or s. 1013.70,
830	s. 1013.735, or s. 1013.737 shall be payable from, and are
831	secured by a first lien on,the first lottery revenues
832	transferred to the Educational Enhancement Trust Fund in each
833	fiscal year. Amounts distributable to school districts that
834	request the issuance of bonds pursuant to s. 1013.68(3) are
835	hereby pledged to such bonds pursuant to s. 11(d), Art. VII of
836	the State Constitution. The amounts distributed through the
837	Classrooms First Program shall equal $145 million in each fiscal
838	year. These funds are intended to provide up to $2.5 billion for
839	public school facilities.
840	Section 17. Paragraphs (a) and (b) of subsection (13) of
841	section 121.091, Florida Statutes, are amended to read:
842	121.091 Benefits payable under the system.--Benefits may
843	not be paid under this section unless the member has terminated
844	employment as provided in s. 121.021(39)(a) or begun
845	participation in the Deferred Retirement Option Program as
846	provided in subsection (13), and a proper application has been
847	filed in the manner prescribed by the department. The
848	department may cancel an application for retirement benefits
849	when the member or beneficiary fails to timely provide the
850	information and documents required by this chapter and the
851	department’s rules. The department shall adopt rules
852	establishing procedures for application for retirement benefits
853	and for the cancellation of such application when the required
854	information or documents are not received.
855	(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
856	subject to the provisions of this section, the Deferred
857	Retirement Option Program, hereinafter referred to as the DROP,
858	is a program under which an eligible member of the Florida
859	Retirement System may elect to participate, deferring receipt of
860	retirement benefits while continuing employment with his or her
861	Florida Retirement System employer. The deferred monthly
862	benefits shall accrue in the System Trust Fund on behalf of the
863	participant, plus interest compounded monthly, for the specified
864	period of the DROP participation, as provided in paragraph (c).
865	Upon termination of employment, the participant shall receive the
866	total DROP benefits and begin to receive the previously
867	determined normal retirement benefits. Participation in the DROP
868	does not guarantee employment for the specified period of DROP.
869	(a) Eligibility of member to participate in the DROP.--All
870	active Florida Retirement System members in a regularly
871	established position, and all active members of either the
872	Teachers’ Retirement System established in chapter 238 or the
873	State and County Officers’ and Employees’ Retirement System
874	established in chapter 122 which systems are consolidated within
875	the Florida Retirement System under s. 121.011, are eligible to
876	elect participation in the DROP provided that:
877	1. The member is not a renewed member of the Florida
878	Retirement System under s. 121.122, or a member of the State
879	Community College System Optional Retirement Program under s.
880	121.051, the Senior Management Service Optional Annuity Program
881	under s. 121.055, or the optional retirement program for the
882	State University System under s. 121.35.
883	2. Except as provided in subparagraph 6., election to
884	participate is made within 12 months immediately following the
885	date on which the member first reaches normal retirement date,
886	or, for a member who reaches normal retirement date based on
887	service before he or she reaches age 62, or age 55 for Special
888	Risk Class members, election to participate may be deferred to
889	the 12 months immediately following the date the member attains
890	57, or age 52 for Special Risk Class members. For a member who
891	first reached normal retirement date or the deferred eligibility
892	date described above prior to the effective date of this section,
893	election to participate shall be made within 12 months after the
894	effective date of this section. A member who fails to make an
895	election within such 12-month limitation period shall forfeit all
896	rights to participate in the DROP. The member shall advise his or
897	her employer and the division in writing of the date on which the
898	DROP shall begin. Such beginning date may be subsequent to the
899	12-month election period, but must be within the 60-month or,
900	with respect to members who are instructional personnel as
901	defined in s. 1012.01(2)(a)-(d) in grades K-12 or school
902	administrators as defined in s. 1012.01(3)(c) and who have
903	received authorization by the district school superintendent to
904	participate in the DROP for more than 60 months, the 96-month
905	limitation period as provided in subparagraph (b)1. When
906	establishing eligibility of the member to participate in the DROP
907	for the 60-month or, with respect to members who are
908	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
909	grades K-12 or school administrators as defined in s.
910	1012.01(3)(c) and who have received authorization by the district
911	school superintendent to participate in the DROP for more than 60
912	months, the 96-monthmaximum participation period, the member may
913	elect to include or exclude any optional service credit purchased
914	by the member from the total service used to establish the normal
915	retirement date. A member with dual normal retirement dates
916	shall be eligible to elect to participate in DROP within 12
917	months after attaining normal retirement date in either class.
918	3. The employer of a member electing to participate in the
919	DROP, or employers if dually employed, shall acknowledge in
920	writing to the division the date the member’s participation in
921	the DROP begins and the date the member’s employment and DROP
922	participation will terminate.
923	4. Simultaneous employment of a participant by additional
924	Florida Retirement System employers subsequent to the
925	commencement of participation in the DROP shall be permissible
926	provided such employers acknowledge in writing a DROP termination
927	date no later than the participant’s existing termination date or
928	the 60-month limitation period as provided in subparagraph (b)1.
929	5. A DROP participant may change employers while
930	participating in the DROP, subject to the following:
931	a. A change of employment must take place without a break
932	in service so that the member receives salary for each month of
933	continuous DROP participation. If a member receives no salary
934	during a month, DROP participation shall cease unless the
935	employer verifies a continuation of the employment relationship
936	for such participant pursuant to s. 121.021(39)(b).
937	b. Such participant and new employer shall notify the
938	division on forms required by the division as to the identity of
939	the new employer.
940	c. The new employer shall acknowledge, in writing, the
941	participant’s DROP termination date, which may be extended but
942	not beyond the original 60-month or, with respect to members who
943	are instructional personnel as defined in s. 1012.01(2)(a)-(d) in
944	grades K-12 or school administrators as defined in s.
945	1012.01(3)(c) and who have received authorization by the district
946	school superintendent to participate in the DROP for more than 60
947	months, the 96-monthperiod provided in subparagraph (b)1., shall
948	acknowledge liability for any additional retirement contributions
949	and interest required if the participant fails to timely
950	terminate employment, and shall be subject to the adjustment
951	required in sub-subparagraph (c)5.d.
952	6. Effective July 1, 2001, for instructional personnel as
953	defined in s. 1012.01(2), election to participate in the DROP
954	shall be made at any time following the date on which the member
955	first reaches normal retirement date. The member shall advise his
956	or her employer and the division in writing of the date on which
957	the Deferred Retirement Option Program shall begin. When
958	establishing eligibility of the member to participate in the DROP
959	for the 60-month or, with respect to members who are
960	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
961	grades K-12 or school administrators as defined in s.
962	1012.01(3)(c) and who have received authorization by the district
963	school superintendent to participate in the DROP for more than 60
964	months, the 96-monthmaximum participation period, as provided in
965	subparagraph (b)1., the member may elect to include or exclude
966	any optional service credit purchased by the member from the
967	total service used to establish the normal retirement date. A
968	member with dual normal retirement dates shall be eligible to
969	elect to participate in either class.
970	(b) Participation in the DROP.--
971	1. An eligible member may elect to participate in the DROP
972	for a period not to exceed a maximum of 60 calendar months or,
973	with respect to members who are instructional personnel as
974	defined in s. 1012.01(2)(a)-(d) in grades K-12 or school
975	administrators as defined in s. 1012.01(3)(c) and who have
976	received authorization by the district school superintendent to
977	participate in the DROP for more than 60 months, a maximum of 96
978	calendar monthsimmediately following the date on which the
979	member first reaches his or her normal retirement date or the
980	date to which he or she is eligible to defer his or her election
981	to participate as provided in subparagraph (a)2. However, a
982	member who has reached normal retirement date prior to the
983	effective date of the DROP shall be eligible to participate in
984	the DROP for a period of time not to exceed 60 calendar months
985	or, with respect to members who are instructional personnel as
986	defined in s. 1012.01(2)(a)-(d) in grades K-12 or school
987	administrators as defined in s. 1012.01(3)(c) and who have
988	received authorization by the district school superintendent to
989	participate in the DROP for more than 60 months, 96 calendar
990	monthsimmediately following the effective date of the DROP,
991	except a member of the Special Risk Class who has reached normal
992	retirement date prior to the effective date of the DROP and whose
993	total accrued value exceeds 75 percent of average final
994	compensation as of his or her effective date of retirement shall
995	be eligible to participate in the DROP for no more than 36
996	calendar months immediately following the effective date of the
997	DROP.
998	2. Upon deciding to participate in the DROP, the member
999	shall submit, on forms required by the division:
1000	a. A written election to participate in the DROP;
1001	b. Selection of the DROP participation and termination
1002	dates, which satisfy the limitations stated in paragraph (a) and
1003	subparagraph 1. Such termination date shall be in a binding
1004	letter of resignation with the employer, establishing a deferred
1005	termination date. The member may change the termination date
1006	within the limitations of subparagraph 1., but only with the
1007	written approval of his or her employer;
1008	c. A properly completed DROP application for service
1009	retirement as provided in this section; and
1010	d. Any other information required by the division.
1011	3. The DROP participant shall be a retiree under the
1012	Florida Retirement System for all purposes, except for paragraph
1013	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, and
1014	121.122. However, participation in the DROP does not alter the
1015	participant’s employment status and such employee shall not be
1016	deemed retired from employment until his or her deferred
1017	resignation is effective and termination occurs as provided in s.
1018	121.021(39).
1019	4. Elected officers shall be eligible to participate in the
1020	DROP subject to the following:
1021	a. An elected officer who reaches normal retirement date
1022	during a term of office may defer the election to participate in
1023	the DROP until the next succeeding term in that office. Such
1024	elected officer who exercises this option may participate in the
1025	DROP for up to 60 calendar months or a period of no longer than
1026	such succeeding term of office, whichever is less.
1027	b. An elected or a nonelected participant may run for a
1028	term of office while participating in DROP and, if elected,
1029	extend the DROP termination date accordingly, except, however, if
1030	such additional term of office exceeds the 60-month limitation
1031	established in subparagraph 1., and the officer does not resign
1032	from office within such 60-month limitation, the retirement and
1033	the participant’s DROP shall be null and void as provided in sub-
1034	subparagraph (c)5.d.
1035	c. An elected officer who is dually employed and elects to
1036	participate in DROP shall be required to satisfy the definition
1037	of termination within the 60-month or, with respect to members
1038	who are instructional personnel as defined in s. 1012.01(2)(a)-
1039	(d) in grades K-12 or school administrators as defined in s.
1040	1012.01(3)(c) and who have received authorization by the district
1041	school superintendent to participate in the DROP for more than 60
1042	months, the 96-monthlimitation period as provided in
1043	subparagraph 1. for the nonelected position and may continue
1044	employment as an elected officer as provided in s. 121.053. The
1045	elected officer will be enrolled as a renewed member in the
1046	Elected Officers’ Class or the Regular Class, as provided in ss.
1047	121.053 and 121.22, on the first day of the month after
1048	termination of employment in the nonelected position and
1049	termination of DROP. Distribution of the DROP benefits shall be
1050	made as provided in paragraph (c).
1051	Section 18. Subsection (20) of section 1001.42, Florida
1052	Statutes, is amended to read:
1053	1001.42 Powers and duties of district school board.--The
1054	district school board, acting as a board, shall exercise all
1055	powers and perform all duties listed below:
1056	(20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
1057	anonymity of students in large schools, adopt policies to
1058	encourage any large school that does not meet the definition of
1059	a small school, as established by s. 1013.43(2),to subdivide
1060	into schools-within-a-school that shall operate within existing
1061	resources in accordance with the provisions of chapter 1003.
1062	Section 19. Subsection (13) of section 1002.33, Florida
1063	Statutes, is repealed, subsections (14) through (26) are
1064	renumbered as subsections (13) through (25), respectively, and
1065	paragraph (e) of subsection (10) and paragraph (a) of present
1066	subsection (21) of said section are amended to read:
1067	1002.33 Charter schools.--
1068	(10) ELIGIBLE STUDENTS.--
1069	(e) A charter school may limit the enrollment process only
1070	to target the following student populations:
1071	1. Students within specific age groups or grade levels.
1072	2. Students considered at risk of dropping out of school
1073	or academic failure. Such students shall include exceptional
1074	education students.
1075	3. Students enrolling in a charter school-in-the-workplace
1076	or charter school-in-a-municipality established pursuant to
1077	subsection (15)(16).
1078	4. Students residing within a reasonable distance of the
1079	charter school, as described in paragraph (20)(c)(21)(c). Such
1080	students shall be subject to a random lottery and to the
1081	racial/ethnic balance provisions described in subparagraph
1082	(7)(a)8. or any federal provisions that require a school to
1083	achieve a racial/ethnic balance reflective of the community it
1084	serves or within the racial/ethnic range of other public schools
1085	in the same school district.
1086	5. Students who meet reasonable academic, artistic, or
1087	other eligibility standards established by the charter school
1088	and included in the charter school application and charter or,
1089	in the case of existing charter schools, standards that are
1090	consistent with the school's mission and purpose. Such standards
1091	shall be in accordance with current state law and practice in
1092	public schools and may not discriminate against otherwise
1093	qualified individuals.
1094	6. Students articulating from one charter school to
1095	another pursuant to an articulation agreement between the
1096	charter schools that has been approved by the sponsor.
1097	(13) NUMBER OF SCHOOLS.--
1098	(a) The number of newly created charter schools is limited
1099	to no more than 28 in each school district that has 100,000 or
1100	more students, no more than 20 in each school district that has
1101	50,000 to 99,999 students, and no more than 12 in each school
1102	district with fewer than 50,000 students.
1103	(b) An existing public school which converts to a charter
1104	school shall not be counted toward the limit established by
1105	paragraph (a).
1106	(c) Notwithstanding any limit established by this
1107	subsection, a district school board or a charter school
1108	applicant shall have the right to request an increase of the
1109	limit on the number of charter schools authorized to be
1110	established within the district from the State Board of
1111	Education.
1112	(d) Whenever a municipality has submitted charter
1113	applications for the establishment of a charter school feeder
1114	pattern (elementary, middle, and senior high schools), and upon
1115	approval of each individual charter application by the district
1116	school board, such applications shall then be designated as one
1117	charter school for all purposes listed pursuant to this section.
1118	(20)(21)SERVICES.--
1119	(a) A sponsor shall provide certain administrative and
1120	educational services to charter schools. These services shall
1121	include contract management services, full-time equivalent and
1122	data reporting services, exceptional student education
1123	administration services, test administration services,
1124	processing of teacher certificate data services, and information
1125	services. Any administrative fee charged by the sponsor for the
1126	provision of services shall be limited to 5 percent of the
1127	available funds defined in paragraph (17)(b)(18)(b).
1128	Section 20. Paragraph (h) of subsection (2) and subsection
1129	(3) of section 1002.37, Florida Statutes, are amended to read:
1130	1002.37 The Florida Virtual School.--
1131	(2) The Florida Virtual School shall be governed by a
1132	board of trustees comprised of seven members appointed by the
1133	Governor to 4-year staggered terms. The board of trustees shall
1134	be a public agency entitled to sovereign immunity pursuant to s.
1135	768.28, and board members shall be public officers who shall
1136	bear fiduciary responsibility for the Florida Virtual School.
1137	The board of trustees shall have the following powers and
1138	duties:
1139	(h) The board of trustees shall annuallysubmit to the
1140	State Board of Education both forecasted and actual enrollments
1141	and credit completionsfor the Florida Virtual School, according
1142	to procedures established by the State Board of Education. At a
1143	minimum, such procedures must include the number of public,
1144	private, and home education students served by program and by
1145	county of residencedistrict.
1146
1147	The Governor shall designate the initial chair of the board of
1148	trustees to serve a term of 4 years. Members of the board of
1149	trustees shall serve without compensation, but may be reimbursed
1150	for per diem and travel expenses pursuant to s. 112.061. The
1151	board of trustees shall be a body corporate with all the powers
1152	of a body corporate and such authority as is needed for the
1153	proper operation and improvement of the Florida Virtual School.
1154	The board of trustees is specifically authorized to adopt
1155	rules, policies, and procedures, consistent with law and rules
1156	of the State Board of Education related to governance,
1157	personnel, budget and finance, administration, programs,
1158	curriculum and instruction, travel and purchasing, technology,
1159	students, contracts and grants, and property as necessary for
1160	optimal, efficient operation of the Florida Virtual School.
1161	Tangible personal property owned by the board of trustees shall
1162	be subject to the provisions of chapter 273.
1163	(3) Funding for the Florida Virtual School shall be
1164	provided as follows:
1165	(a) A “full-time equivalent student” for the Florida
1166	Virtual School is one student who has successfully completed six
1167	credits which shall count toward the minimum number of credits
1168	required for high school graduation. A student who completes
1169	less than six credits shall be a fraction of a full-time
1170	equivalent student. Half-credit completions shall be included in
1171	determining a full-time equivalent student. Credit completed by
1172	a student in excess of the minimum required for that student for
1173	high school graduation shall not be eligible for funding.
1174	(b) Full-time equivalent student credit completed through
1175	the Florida Virtual School, including credits completed during
1176	the summer, shall be reported to the Department of Education in
1177	the manner prescribed by the department and shall be funded
1178	through the Florida Education Finance Program.
1179	(c) School districts shall not limit student access to
1180	courses offered through the Florida Virtual School.
1181	(d) Full-time equivalent student credit completion for
1182	courses offered through the Florida Virtual School shall be
1183	reported only by the Florida Virtual School. School districts
1184	shall report full-time equivalent student membership only for
1185	courses for which the school district provides the instruction.
1186	(e) The district cost differential as provided in s.
1187	1011.62(2) shall be established as 1.00.
1188	(f) The Florida Virtual School shall receive funds for
1189	operating purposes in an amount determined as follows: multiply
1190	the maximum allowable nonvoted discretionary millage for
1191	operations pursuant to s. 1011.71(1) by the value of 95 percent
1192	of the current year’s taxable value for school purposes for the
1193	state; divide the result by the total full-time equivalent
1194	membership of the state; and multiply the result by the full-
1195	time equivalent membership of the school. The amount thus
1196	obtained shall be discretionary operating funds and shall be
1197	appropriated from state funds in the General Appropriations Act.
1198	(g) Additional state funds may be provided in the General
1199	Appropriations Act.
1200	(h) In addition to the funds provided in the General
1201	Appropriations Act, the Florida Virtual School may receive other
1202	funds from grants and donations.
1203	(a) Until fiscal year 2003-2004, the Commissioner of
1204	Education shall include the Florida Virtual School as a grant-
1205	in-aid appropriation in the department's legislative budget
1206	request to the State Board of Education, the Governor, and the
1207	Legislature, subject to any guidelines imposed in the General
1208	Appropriations Act.
1209	(b) The Orange County District School Board shall be the
1210	temporary fiscal agent of the Florida Virtual School.
1211	Section 21. Section 1002.395, Florida Statutes, is created
1212	to read:
1213	1002.395 Florida Learning Access Grants.--
1214	(1) POPULAR NAME.--This section shall be known by the
1215	popular name “The Florida Learning Access Grant Act.”
1216	(2) DISTRICT PARTICIPATION.--School districts may choose
1217	to implement the Florida Learning Access Grants program as a
1218	strategy to reduce class size in their local school districts
1219	pursuant to s. 1003.03(3). School districts may be required to
1220	participate in this program to reduce class size if the
1221	Department of Education so determines pursuant to s.
1222	1003.03(4)(b).
1223	(3) PARENTAL CHOICE.--The parent of any K-12 student in a
1224	school district participating in the program pursuant to
1225	subsection (2) who is enrolled and in attendance during the
1226	October and February FTE enrollment counts in a Florida public
1227	school may, for the following school year:
1228	(a) Opt to have the student remain in the school in which
1229	the student is enrolled; or
1230	(b) Opt to request, on an annual basis, a Florida Learning
1231	Access Grant of $3,500 to assist the parent in paying for the
1232	student’s attendance at an eligible private school of the
1233	parent’s choice.
1234	(4) PARTICIPATING SCHOOL DISTRICT OBLIGATIONS.--Each
1235	school district participating in this program shall annually by
1236	February 22, for each K-12 student eligible under subsection
1237	(3), notify the parent that the school district has chosen to
1238	offer Florida Learning Access Grants and provide the parent with
1239	the parental choice options for the following school year as
1240	provided in subsection (3).
1241	(5) PARENT OBLIGATIONS.--
1242	(a) The parent shall notify the school district as to
1243	which of the options provided in subsection (3) the parent
1244	wishes to choose.
1245	1. Failure of the parent to provide notification shall
1246	constitute the choice of the option provided by paragraph
1247	(3)(a).
1248	2. If the parent chooses the option provided by paragraph
1249	(3)(b), the parent must:
1250	a. Obtain acceptance for admission of the student to a
1251	private school eligible under subsection (6) as soon as possible
1252	and inform the private school that the student will be using a
1253	Florida Learning Access Grant.
1254	b. Notify the Department of Education of the parent’s
1255	request for a Florida Learning Access Grant and the name and
1256	address of the selected private school.
1257	c. Agree to provide transportation for the student to the
1258	private school, if necessary.
1259	d. Agree to pay any costs associated with the student’s
1260	attendance at the private school that exceed the annual amount
1261	of the Florida Learning Access Grant.
1262	e. Agree that the education provided by the private school
1263	selected shall satisfy the student’s full need for educational
1264	services from the student’s school.
1265	(b) After the first year of the student’s attending a
1266	private school under the Florida Learning Access Grants program,
1267	the parent must annually notify the Department of Education if
1268	the parent intends to renew the grant according to the
1269	provisions of subsection (8) in order for the student to
1270	continue in the program, together with the name and address of
1271	the private school selected for the student for the following
1272	year.
1273	(6) PRIVATE SCHOOL ELIGIBILITY.--Eligibility of a private
1274	school shall be determined by the parental oversight and
1275	accountability requirements that, coupled with the exercise of
1276	parental choice, are reasonably necessary to secure the
1277	educational public purpose. To be eligible to participate in the
1278	Florida Learning Access Grants program, a private school must be
1279	a Florida private school, may be sectarian or nonsectarian, and
1280	must:
1281	(a) Demonstrate fiscal soundness by being in operation for
1282	1 school year or provide the Department of Education with a
1283	statement by a certified public accountant confirming that the
1284	private school desiring to participate is insured and the owner
1285	or owners have sufficient capital or credit to operate the
1286	school for the upcoming year serving the number of students
1287	anticipated with expected revenues from tuition and other
1288	sources that may be reasonably expected. In lieu of such a
1289	statement, a surety bond or letter of credit for the amount
1290	equal to the Florida Learning Access Grant funds for any school
1291	year may be filed with the department.
1292	(b) Notify the Department of Education and the school
1293	district in the service areas in which the school is located of
1294	its intent to participate in the program under this section as
1295	early as possible, but no later than July 1 preceding the school
1296	year in which it intends to participate. The notice shall
1297	specify the grade levels and services that the private school
1298	has available for the Florida Learning Access Grants program.
1299	(c) Comply with the antidiscrimination provisions of 42
1300	U.S.C. s. 2002d.
1301	(d) Meet state and local health and safety laws and codes.
1302	(e) Comply with all state statutes applicable to the
1303	general regulation of private schools.
1304	(f) If a Florida Learning Access Grant student’s parent so
1305	requests, coordinate with the school district the locations and
1306	times for the student to take all statewide assessments pursuant
1307	to s. 1008.22.
1308	(7) INITIAL FLORIDA LEARNING ACCESS GRANTS.--
1309	(a) Initial Florida Learning Access Grants shall be
1310	offered on a first-come, first-served basis.
1311	(b) The number of initial Florida Learning Access Grants
1312	to be awarded shall be determined annually by the Department of
1313	Education based upon the department’s determination of the
1314	number that would be necessary to reduce class size to meet the
1315	school district’s two-student-per-year reduction goals
1316	established by the department pursuant to s. 1003.03(2) or to
1317	meet the constitutional class size caps described in s.
1318	1003.03(1). However, district school boards may authorize more
1319	Florida Learning Access Grants than the number established by
1320	the department.
1321	(8) FLORIDA LEARNING ACCESS GRANT RENEWAL.--For purposes
1322	of educational continuity and parental choice, a Florida
1323	Learning Access Grant, once awarded, shall be renewable for as
1324	long as the parent is a Florida resident who opts for
1325	continuation of the grant for the student and the student
1326	lawfully attends an eligible private school through grade 12.
1327	The Florida Learning Access Grant may be transferred from one
1328	eligible private school to another upon the school’s acceptance
1329	of the student and the parent’s provision of adequate notice to
1330	the Department of Education. A parent may, however, at any time
1331	opt to return the student to the public school.
1332	(9) FLORIDA LEARNING ACCESS GRANT DISBURSEMENT.--Upon
1333	proper documentation reviewed and approved by the Department of
1334	Education, the Chief Financial Officer shall make Florida
1335	Learning Access Grant payments in four equal amounts no later
1336	than September 1, November 1, February 1, and April 1 of each
1337	academic year. The initial payment shall be made after
1338	Department of Education verification of admission acceptance,
1339	and subsequent payments shall be made upon verification of the
1340	student’s continued enrollment and attendance at the private
1341	school. Payment must be by individual warrant made payable to
1342	the student’s parent and mailed by the Department of Education
1343	to the private school of the parent’s choice, and the parent
1344	shall restrictively endorse the warrant to the private school.
1345	(10) LIABILITY.--No liability shall arise on the part of
1346	the state based on the award or use of any Florida Learning
1347	Access Grant.
1348	(11) DEPARTMENT OF EDUCATION OBLIGATIONS.--
1349	(a)1. Upon notification of the number of students whose
1350	parents have opted to request initial Florida Learning Access
1351	Grants, the Department of Education shall transfer from general
1352	revenue funds appropriated to the school district the total
1353	amount of annual $3,500 grants for the school district’s
1354	students from the Florida Education Finance Program to a
1355	separate account for the disbursement of the initial Florida
1356	Learning Access Grants.
1357	2. The Department of Education shall, in its annual
1358	budget, provide for Florida Learning Access Grants for parents
1359	who wish their children to continue participation in the Florida
1360	Learning Access Grants program beyond the initial year of
1361	participation.
1362	(b) The Department of Education shall administer the
1363	Florida Learning Access Grants program and the State Board of
1364	Education may adopt rules pursuant ss. 120.536(1) and 120.54 to
1365	implement the provisions of this section. However, the inclusion
1366	of eligible private schools within options available to Florida
1367	public school students does not expand the regulatory authority
1368	of the state, its officers, or any school district to impose any
1369	additional regulation of private schools beyond those reasonably
1370	necessary to enforce requirements expressly set forth in this
1371	section.
1372	Section 22. Paragraph (i) is added to subsection (1) of
1373	section 1003.02, Florida Statutes, and subsection (4) of said
1374	section is amended, to read:
1375	1003.02 District school board operation and control of
1376	public K-12 education within the school district.--As provided
1377	in part II of chapter 1001, district school boards are
1378	constitutionally and statutorily charged with the operation and
1379	control of public K-12 education within their school district.
1380	The district school boards must establish, organize, and operate
1381	their public K-12 schools and educational programs, employees,
1382	and facilities. Their responsibilities include staff
1383	development, public K-12 school student education including
1384	education for exceptional students and students in juvenile
1385	justice programs, special programs, adult education programs,
1386	and career and technical education programs. Additionally,
1387	district school boards must:
1388	(1) Provide for the proper accounting for all students of
1389	school age, for the attendance and control of students at
1390	school, and for proper attention to health, safety, and other
1391	matters relating to the welfare of students in the following
1392	fields:
1393	(i) Parental notification of acceleration mechanisms.--At
1394	the beginning of each school year, notify parents of students in
1395	or entering high school of the opportunity and benefits of
1396	Advanced Placement, International Baccalaureate, Advanced
1397	International Certificate of Education, dual enrollment, and
1398	Florida Virtual School courses.
1399	(4) For any school within the district that is not in
1400	compliance with the small school size requirements of chapter
1401	1013,In order to reduce the anonymity of students in large
1402	schools, adopt policies that encourage subdivision of the school
1403	into schools-within-a-school, which shall operate within
1404	existing resources. A "school-within-a-school" means an
1405	operational program that uses flexible scheduling, team
1406	planning, and curricular and instructional innovation to
1407	organize groups of students with groups of teachers as smaller
1408	units, so as to functionally operate as a smaller school.
1409	Examples of this include, but are not limited to:
1410	(a) An organizational arrangement assigning both students
1411	and teachers to smaller units in which the students take some or
1412	all of their coursework with their fellow grouped students and
1413	from the teachers assigned to the smaller unit. A unit may be
1414	grouped together for 1 year or on a vertical, multiyear basis.
1415	(b) An organizational arrangement similar to that
1416	described in paragraph (a) with additional variations in
1417	instruction and curriculum. The smaller unit usually seeks to
1418	maintain a program different from that of the larger school, or
1419	of other smaller units. It may be vertically organized, but is
1420	dependent upon the school principal for its existence, budget,
1421	and staff.
1422	(c) A separate and autonomous smaller unit formally
1423	authorized by the district school board or district school
1424	superintendent. The smaller unit plans and runs its own program,
1425	has its own staff and students, and receives its own separate
1426	budget. The smaller unit must negotiate the use of common space
1427	with the larger school and defer to the building principal on
1428	matters of safety and building operation.
1429	Section 23. Paragraph (i) of subsection (1) of section
1430	1003.43, Florida Statutes, is amended to read:
1431	1003.43 General requirements for high school graduation.--
1432	(1) Graduation requires successful completion of either a
1433	minimum of 24 academic credits in grades 9 through 12 or an
1434	International Baccalaureate curriculum. The 24 credits shall be
1435	distributed as follows:
1436	(i) One-half credit in life management skills to include
1437	consumer education, positive emotional development, marriage and
1438	relationship skill-based education, nutrition, prevention of
1439	human immunodeficiency virus infection and acquired immune
1440	deficiency syndrome and other sexually transmissible diseases,
1441	benefits of sexual abstinence and consequences of teenage
1442	pregnancy, information and instruction on breast cancer
1443	detection and breast self-examination, cardiopulmonary
1444	resuscitation, drug education, and the hazards of smoking. Such
1445	credit shall be given for a course to be taken by all students
1446	in either the 9th or 10th grade.
1447
1448	District school boards may award a maximum of one-half credit in
1449	social studies and one-half elective credit for student
1450	completion of nonpaid voluntary community or school service
1451	work. Students choosing this option must complete a minimum of
1452	75 hours of service in order to earn the one-half credit in
1453	either category of instruction. Credit may not be earned for
1454	service provided as a result of court action. District school
1455	boards that approve the award of credit for student volunteer
1456	service shall develop guidelines regarding the award of the
1457	credit, and school principals are responsible for approving
1458	specific volunteer activities. A course designated in the Course
1459	Code Directory as grade 9 through grade 12 that is taken below
1460	the 9th grade may be used to satisfy high school graduation
1461	requirements or Florida Academic Scholars award requirements as
1462	specified in a district school board's student progression plan.
1463	A student shall be granted credit toward meeting the
1464	requirements of this subsection for equivalent courses, as
1465	identified pursuant to s. 1007.271(6), taken through dual
1466	enrollment.
1467	Section 24. Paragraph (a) of subsection (1) of section
1468	1003.436, Florida Statutes, is amended to read:
1469	1003.436 Definition of "credit".--
1470	(1)(a) For the purposes of requirements for high school
1471	graduation, one full credit means a minimum of 120135hours of
1472	bona fide instruction in a designated course of study that
1473	contains student performance standards. The State Board of
1474	Education shall determine the number of postsecondary credit
1475	hours earned through dual enrollment pursuant to s. 1007.271
1476	that satisfy the requirements of a district's interinstitutional
1477	articulation agreement according to s. 1007.235 and that equal
1478	one full credit of the equivalent high school course identified
1479	pursuant to s. 1007.271(6).
1480	Section 25. Section 1011.24, Florida Statutes, is amended
1481	to read:
1482	1011.24 Special district units.--For the purposes of
1483	funding through this chapter and chapter 1013, developmental
1484	research schools and the Florida Virtual Schoolshall be
1485	designated as special school districts. Such districts shall be
1486	accountable to the Department of Education for budget requests
1487	and reports on expenditures.
1488	Section 26. Paragraph (c) of subsection (1) of section
1489	1011.61, Florida Statutes, is amended to read:
1490	1011.61 Definitions.--Notwithstanding the provisions of s.
1491	1000.21, the following terms are defined as follows for the
1492	purposes of the Florida Education Finance Program:
1493	(1) A "full-time equivalent student" in each program of
1494	the district is defined in terms of full-time students and part-
1495	time students as follows:
1496	(c)1. A "full-time equivalent student" is:
1497	a. A full-time student in any one of the programs listed
1498	in s. 1011.62(1)(c); or
1499	b. A combination of full-time or part-time students in any
1500	one of the programs listed in s. 1011.62(1)(c) which is the
1501	equivalent of one full-time student based on the following
1502	calculations:
1503	(I) A full-time student, except a postsecondary or adult
1504	student or a senior high school student enrolled in adult
1505	education when such courses are required for high school
1506	graduation, in a combination of programs listed in s.
1507	1011.62(1)(c) shall be a fraction of a full-time equivalent
1508	membership in each special program equal to the number of net
1509	hours per school year for which he or she is a member, divided
1510	by the appropriate number of hours set forth in subparagraph
1511	(a)1. or subparagraph (a)2. The difference between that fraction
1512	or sum of fractions and the maximum value as set forth in
1513	subsection (4) for each full-time student is presumed to be the
1514	balance of the student's time not spent in such special
1515	education programs and shall be recorded as time in the
1516	appropriate basic program.
1517	(II) A prekindergarten handicapped student shall meet the
1518	requirements specified for kindergarten students.
1519	(III) A Florida Virtual School full-time student shall
1520	consist of six full credit completions in the programs listed in
1521	s. 1011.62(1)(c)1., 3., and 4. Credit completions can be a
1522	combination of either full credit or half credit.
1523	2. A student in membership in a program scheduled for more
1524	or less than 180 school days is a fraction of a full-time
1525	equivalent membership equal to the number of instructional hours
1526	in membership divided by the appropriate number of hours set
1527	forth in subparagraph (a)1.; however, for the purposes of this
1528	subparagraph, membership in programs scheduled for more than 180
1529	days is limited to students enrolled in juvenile justice
1530	education programs and the Florida Virtual School.
1531
1532	Students enrolled in both a public school and the Florida
1533	Virtual School are authorized to exceed the 180-day maximum;
1534	however, the public school may not offer or report the
1535	equivalent instruction in excess of 180 days or 900 hours.The
1536	department shall determine and implement an equitable method of
1537	equivalent funding for experimental schools and for schools
1538	operating under emergency conditions, which schools have been
1539	approved by the department to operate for less than the minimum
1540	school day.
1541	Section 27. Paragraph (b) of subsection (5) of section
1542	1011.62, Florida Statutes, is amended to read:
1543	1011.62 Funds for operation of schools.--If the annual
1544	allocation from the Florida Education Finance Program to each
1545	district for operation of schools is not determined in the
1546	annual appropriations act or the substantive bill implementing
1547	the annual appropriations act, it shall be determined as
1548	follows:
1549	(5) CATEGORICAL FUNDS.--
1550	(b) For fiscal year 2002-2003,If a district school board
1551	finds and declares in a resolution adopted at a regular meeting
1552	of the school board that the funds received for any of the
1553	following categorical appropriations are urgently needed to
1554	maintain school board specified academic classroom instruction,
1555	the school board may consider and approve an amendment to the
1556	school district operating budget transferring the identified
1557	amount of the categorical funds to the appropriate account for
1558	expenditure:
1559	1. Funds for student transportation.
1560	2. Funds for in-service educational personnel training.
1561	3. Funds for safe schools.
1562	4. Funds for public school technology.
1563	5. Funds for teacher recruitment and retention.
1564	5.6.Funds for supplemental academic instruction.
1565	Section 28. Section 1011.68, Florida Statutes, is amended
1566	to read:
1567	1011.68 Funds for student transportation.--The annual
1568	allocation to each district for transportation to public school
1569	programs, including charter schools as provided in s.
1570	1002.33(17)(b)1002.33(18)(b), of students in membership in
1571	kindergarten through grade 12 and in migrant and exceptional
1572	student programs below kindergarten shall be determined as
1573	follows:
1574	(1) Subject to the rules of the State Board of Education,
1575	each district shall determine the membership of students who are
1576	transported:
1577	(a) By reason of living 2 miles or more from school.
1578	(b) By reason of being students with disabilities or
1579	enrolled in a teenage parent program, regardless of distance to
1580	school.
1581	(c) By reason of being in a state prekindergarten program,
1582	regardless of distance from school.
1583	(d) By reason of being career and technical, dual
1584	enrollment, or students with disabilities transported from one
1585	school center to another to participate in an instructional
1586	program or service; or students with disabilities, transported
1587	from one designation to another in the state, provided one
1588	designation is a school center and provided the student's
1589	individual educational plan (IEP) identifies the need for the
1590	instructional program or service and transportation to be
1591	provided by the school district. A "school center" is defined as
1592	a public school center, community college, state university, or
1593	other facility rented, leased, or owned and operated by the
1594	school district or another public agency. A "dual enrollment
1595	student" is defined as a public school student in membership in
1596	both a public secondary school program and a community college
1597	or a state university program under a written agreement to
1598	partially fulfill ss. 1003.435 and 1007.23 and earning full-time
1599	equivalent membership under s. 1011.62(1)(i).
1600	(e) With respect to elementary school students whose grade
1601	level does not exceed grade 6, by reason of being subjected to
1602	hazardous walking conditions en route to or from school as
1603	provided in s. 1006.23. Such rules shall, when appropriate,
1604	provide for the determination of membership under this paragraph
1605	for less than 1 year to accommodate the needs of students who
1606	require transportation only until such hazardous conditions are
1607	corrected.
1608	(f) By reason of being a pregnant student or student
1609	parent, and the child of a student parent as provided in s.
1610	1003.54, regardless of distance from school.
1611	(2) The allocation for each district shall be calculated
1612	annually in accordance with the following formula:
1613
1614	T = B + EX. The elements of this formula are defined as follows:
1615	T is the total dollar allocation for transportation. B is the
1616	base transportation dollar allocation prorated by an adjusted
1617	student membership count. The adjusted membership count shall be
1618	derived from a multiplicative index function in which the base
1619	student membership is adjusted by multiplying it by index
1620	numbers that individually account for the impact of the price
1621	level index, average bus occupancy, and the extent of rural
1622	population in the district. EX is the base transportation dollar
1623	allocation for disabled students prorated by an adjusted
1624	disabled student membership count. The base transportation
1625	dollar allocation for disabled students is the total state base
1626	disabled student membership count weighted for increased costs
1627	associated with transporting disabled students and multiplying
1628	it by the prior year's average per student cost for
1629	transportation. The adjusted disabled student membership count
1630	shall be derived from a multiplicative index function in which
1631	the weighted base disabled student membership is adjusted by
1632	multiplying it by index numbers that individually account for
1633	the impact of the price level index, average bus occupancy, and
1634	the extent of rural population in the district. Each adjustment
1635	factor shall be designed to affect the base allocation by no
1636	more or less than 10 percent.
1637	(3) The total allocation to each district for
1638	transportation of students shall be the sum of the amounts
1639	determined in subsection (2). If the funds appropriated for the
1640	purpose of implementing this section are not sufficient to pay
1641	the base transportation allocation and the base transportation
1642	allocation for disabled students, the Department of Education
1643	shall prorate the available funds on a percentage basis. If the
1644	funds appropriated for the purpose of implementing this section
1645	exceed the sum of the base transportation allocation and the
1646	base transportation allocation for disabled students, the base
1647	transportation allocation for disabled students shall be limited
1648	to the amount calculated in subsection (2), and the remaining
1649	balance shall be added to the base transportation allocation.
1650	(4) No district shall use funds to purchase transportation
1651	equipment and supplies at prices which exceed those determined
1652	by the department to be the lowest which can be obtained, as
1653	prescribed in s. 1006.27(1).
1654	(5) Funds allocated or apportioned for the payment of
1655	student transportation services may be used to pay for
1656	transportation of students to and from school on local general
1657	purpose transportation systems. Student transportation funds may
1658	also be used to pay for transportation of students to and from
1659	school in private passenger cars and boats when the
1660	transportation is for isolated students, or students with
1661	disabilities as defined by rule. Subject to the rules of the
1662	State Board of Education, each school district shall determine
1663	and report the number of assigned students using general purpose
1664	transportation private passenger cars and boats. The allocation
1665	per student must be equal to the allocation per student riding a
1666	school bus.
1667	(6) Notwithstanding other provisions of this section, in
1668	no case shall any student or students be counted for
1669	transportation funding more than once per day. This provision
1670	includes counting students for funding pursuant to trips in
1671	school buses, passenger cars, or boats or general purpose
1672	transportation.
1673	(7) Any funds received by a school district under this
1674	section that are not required to transport students may, at the
1675	discretion of the district school board, be transferred to the
1676	district's Florida Education Finance Program.
1677	Section 29. Subsections (2), (4), and (5) of section
1678	1011.69, Florida Statutes, are amended to read:
1679	1011.69 Equity in School-Level Funding Act.--
1680	(2)(a) Beginning in the 2000-2001 fiscal year, district
1681	school boards shall allocate to each school within the district
1682	at least 50 percent of the funds generated by that school based
1683	upon the Florida Education Finance Program as provided in s.
1684	1011.62 and the General Appropriations Act, including gross
1685	state and local funds, discretionary lottery funds, and funds
1686	from the school district's current operating discretionary
1687	millage levy.
1688	(b) Beginning in the 2001-2002 fiscal year, district
1689	school boards shall allocate to each school within the district
1690	at least 65 percent of the funds generated by that school based
1691	upon the Florida Education Finance Program as provided in s.
1692	1011.62 and the General Appropriations Act, including gross
1693	state and local funds, discretionary lottery funds, and funds
1694	from the school district's current operating discretionary
1695	millage levy.
1696	(c) Beginning in the 2002-2003 fiscal year, district
1697	school boards shall allocate to each school within the district
1698	at least 80 percent of the funds generated by that school based
1699	upon the Florida Education Finance Program as provided in s.
1700	1011.62 and the General Appropriations Act, including gross
1701	state and local funds, discretionary lottery funds, and funds
1702	from the school district's current operating discretionary
1703	millage levy.
1704	(d)Beginning in the 2003-2004 fiscal year, district
1705	school boards shall allocate to each school within the district
1706	at least 90 percent of the funds generated by that school based
1707	upon the Florida Education Finance Program as provided in s.
1708	1011.62 and the General Appropriations Act, including gross
1709	state and local funds, discretionary lottery funds, and funds
1710	from the school district's current operating discretionary
1711	millage levy. Total funding for each school shall be
1712	recalculated during the year to reflect the revised calculations
1713	under the Florida Education Finance Program by the state and the
1714	actual weighted full-time equivalent students reported by the
1715	school during the full-time equivalent student survey periods
1716	designated by the Commissioner of Education. If the district
1717	school board is providing programs or services to students
1718	funded by federal funds, any eligible students enrolled in the
1719	schools in the district shall be provided federal funds. Only
1720	those districts that initially applied for charter school
1721	district status, pursuant to s. 1003.62, and have been approved
1722	by the State Board of Education are exempt from the provisions
1723	of this section.
1724	(4) Recommendations made by the Governor's Equity in
1725	Educational Opportunity Task Force shall be reviewed to identify
1726	potential categorical funds to be included in the district
1727	allocation methodology required in subsection (2).
1728	(4)(5)The following funds are excluded from the school-
1729	level allocation under this section:
1730	(a)Funds appropriated in the General Appropriations Act
1731	for supplemental academic instruction to be used for the
1732	purposes described in s. 1011.62(1)(f) are excluded from the
1733	school-level allocation under this section.
1734	(b) Funds appropriated in the General Appropriations Act
1735	for the Class Size Reduction operating categorical established
1736	in s. 1011.685.
1737	Section 30. Subsections (1), (3), (4), and (5) of section
1738	1012.56, Florida Statutes, are amended to read:
1739	1012.56 Educator certification requirements.--
1740	(1) APPLICATION.--Each person seeking certification
1741	pursuant to this chapter shall submit a completed application
1742	containing the applicant's social security number to the
1743	Department of Education and remit the fee required pursuant to
1744	s. 1012.59 and rules of the State Board of Education. Pursuant
1745	to the federal Personal Responsibility and Work Opportunity
1746	Reconciliation Act of 1996, each party is required to provide
1747	his or her social security number in accordance with this
1748	section. Disclosure of social security numbers obtained through
1749	this requirement shall be limited to the purpose of
1750	administration of the Title IV-D program of the Social Security
1751	Act for child support enforcement. Pursuant to s. 120.60, the
1752	department shall issue within 90 calendar days after the stamped
1753	receipted date of the completed application:
1754	(a) A certificate covering the classification, level, and
1755	area for which the applicant is deemed qualified; or
1756	(b) An official statement of status of eligibility. The
1757	statement of status of eligibility must advise the applicant of
1758	any qualifications that must be completed to qualify for
1759	certification. Each statement of status of eligibility is valid
1760	for 32years after its date of issuance, except as provided in
1761	paragraph (2)(d). A statement of status of eligibility may be
1762	reissued for one additional 2-year period if application is made
1763	while the initial statement of status of eligibility is valid or
1764	within 1 year after the initial statement expires, and if the
1765	certification subject area is authorized to be issued by the
1766	state board at the time the application requesting a reissued
1767	statement of status of eligibility is received.
1768	(3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
1769	demonstrating mastery of general knowledge are:
1770	(a) Achievement of passing scores on basic skills
1771	examination required by state board rule;
1772	(b) Achievement of passing scores on the College Level
1773	Academic Skills Test earned prior to July 1, 2002;
1774	(c) A valid professionalstandard teaching certificate
1775	issued by another state that requires an examination of mastery
1776	of general knowledge;
1777	(d) A valid standard teaching certificate issued by
1778	another state andvalid certificate issued by the National Board
1779	for Professional Teaching Standards or other such nationally
1780	recognized organization as determined by the State Board of
1781	Education; or
1782	(e) Documentation of two semesters of successful teaching
1783	in a community college, state university, or private college or
1784	university that awards an associate or higher degree and is an
1785	accredited institution or an institution of higher education
1786	identified by the Department of Education as having a quality
1787	program.A valid standard teaching certificate issued by
1788	another state and documentation of 2 years of continuous
1789	successful full-time teaching or administrative experience
1790	during the 5-year period immediately preceding the date of
1791	application for certification.
1792	(4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
1793	of demonstrating mastery of subject area knowledge are:
1794	(a) Achievement of passing scores on subject area
1795	examinations required by state board rule;
1796	(b) Completion of the subject area specialization
1797	requirements specified in state board rule and verification of
1798	the attainment of the essential subject matter competencies by
1799	the district school superintendent of the employing school
1800	district or chief administrative officer of the employing state-
1801	supported or private school for a subject area for which a
1802	subject area examination has not been developed and required by
1803	state board rule;
1804	(c) Completion of the graduate levelsubject area
1805	specialization requirements specified in state board rule for a
1806	subject coverage requiring a master's or higher degree and
1807	achievement of a passing score on the subject area examination
1808	specified in state board rule;
1809	(d) A valid professionalstandard teaching certificate
1810	issued by another state that requires an examination of mastery
1811	of subject area knowledge; or
1812	(e) A valid standard teaching certificate issued by
1813	another state andvalid certificate issued by the National Board
1814	for Professional Teaching Standards or other such nationally
1815	recognized organization as determined by the State Board of
1816	Education.; or
1817	(f) A valid standard teaching certificate issued by
1818	another state and documentation of 2 years of continuous
1819	successful full-time teaching or administrative experience
1820	during the 5-year period immediately preceding the date of
1821	application for certification.
1822	(5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1823	COMPETENCE.--Acceptable means of demonstrating mastery of
1824	professional preparation and education competence are:
1825	(a) Completion of an approved teacher preparation program
1826	at a postsecondary educational institution within this state and
1827	achievement of a passing score on the professional education
1828	competency examination required by state board rule;
1829	(b) Completion of a teacher preparation program at a
1830	postsecondary educational institution outside Florida and
1831	achievement of a passing score on the professional education
1832	competency examination required by state board rule;
1833	(c) A valid professionalstandard teaching certificate
1834	issued by another state that requires an examination of mastery
1835	of professional education competence;
1836	(d) A valid standard teaching certificate issued by
1837	another state andvalid certificate issued by the National Board
1838	for Professional Teaching Standards or other such nationally
1839	recognized organization as determined by the State Board of
1840	Education;
1841	(e) Documentation of two semesters of successful teaching
1842	in a community college, state university, or private college or
1843	university that awards an associate or higher degree and is an
1844	accredited institution or an institution of higher education
1845	identified by the Department of Education as having a quality
1846	programA valid standard teaching certificate issued by another
1847	state and documentation of 2 years of continuous successful
1848	full-time teaching or administrative experience during the 5-
1849	year period immediately preceding the date of application for
1850	certification;
1851	(f) Completion of professional preparation courses as
1852	specified in state board rule, successful completion of a
1853	professional education competence demonstration program pursuant
1854	to paragraph (7)(b), and achievement of a passing score on the
1855	professional education competency examination required by state
1856	board rule; or
1857	(g) Successful completion of a professional preparation
1858	alternative certification and education competency program,
1859	outlined in paragraph (7)(a).
1860	Section 31. Subsection (1) of section 1012.57, Florida
1861	Statutes, is amended to read:
1862	1012.57 Certification of adjunct educators.--
1863	(1) Notwithstanding the provisions of ss. 1012.32,
1864	1012.55, and 1012.56, or any other provision of law or rule to
1865	the contrary, district school boards shall adopt rules to allow
1866	for the issuance ofmay issuean adjunct teaching certificate to
1867	any applicant who fulfills the requirements of s. 1012.56(2)(a)-
1868	(f) and who has expertise in the subject area to be taught. An
1869	applicant shall be considered to have expertise in the subject
1870	area to be taught if the applicant has at least a majorminorin
1871	the subject area or demonstrates sufficient subject area mastery
1872	through passage of a subject area testas determined by district
1873	school board policy. The adjunct teaching certificate shall be
1874	used for part-time teaching positions. The intent of this
1875	provision is to allow school districts to tap the wealth of
1876	talent and expertise represented in Florida's citizens who may
1877	wish to teach part-time in a Florida public school by permitting
1878	school districts to issue adjunct certificates. Adjunct
1879	certificateholders should be used as a strategy to reduce the
1880	teacher shortage; thus, adjunct certificateholders should
1881	supplement a school's instructional staff, not supplant it. Each
1882	school principal shall assign an experienced peer mentor to
1883	assist the adjunct teaching certificateholder during the
1884	certificateholder's first year of teaching, and an adjunct
1885	certificateholder may participate in a district's new teacher
1886	training program. District school boards shall provide the
1887	adjunct teaching certificateholder an orientation in classroom
1888	management prior to assigning the certificateholder to a school.
1889	Each adjunct teaching certificate is valid for 5 school years
1890	and is renewable if:
1891	(a) The applicant completes a minimum of 60 inservice
1892	points or 3 semester hours of college credit. The earned credits
1893	must include instruction in classroom management, district
1894	school board procedures, school culture, and other activities
1895	that enhance the professional teaching skills of the
1896	certificateholder.
1897	(b) The applicant has received satisfactory performance
1898	evaluations during each year of teaching under adjunct teaching
1899	certification.
1900	Section 32. Subsection (13) is added to section 1013.03,
1901	Florida Statutes, to read:
1902	1013.03 Functions of the department.--The functions of the
1903	Department of Education as it pertains to educational facilities
1904	shall include, but not be limited to, the following:
1905	(13) By October 1, 2003, review all rules related to
1906	school construction to identify requirements that are outdated,
1907	obsolete, unnecessary, or otherwise could be amended in order to
1908	provide additional flexibility to school districts to comply
1909	with the constitutional class size caps described in s.
1910	1003.03(1). The State Board of Education shall act on such
1911	recommendations by December 31, 2003.
1912	Section 33. Paragraph (d) is added to subsection (1) of
1913	section 1013.31, Florida Statutes, to read:
1914	1013.31 Educational plant survey; localized need
1915	assessment; PECO project funding.--
1916	(1) At least every 5 years, each board shall arrange for
1917	an educational plant survey, to aid in formulating plans for
1918	housing the educational program and student population, faculty,
1919	administrators, staff, and auxiliary and ancillary services of
1920	the district or campus, including consideration of the local
1921	comprehensive plan. The Office of Workforce and Economic
1922	Development shall document the need for additional career and
1923	adult education programs and the continuation of existing
1924	programs before facility construction or renovation related to
1925	career or adult education may be included in the educational
1926	plant survey of a school district or community college that
1927	delivers career or adult education programs. Information used by
1928	the Office of Workforce and Economic Development to establish
1929	facility needs must include, but need not be limited to, labor
1930	market data, needs analysis, and information submitted by the
1931	school district or community college.
1932	(d) Periodic update of Florida Inventory of School
1933	Houses.--School districts shall periodically update their
1934	inventory of educational facilities as new capacity becomes
1935	available and as unsatisfactory space is eliminated. The State
1936	Board of Education shall adopt rules to determine the timeframe
1937	in which school districts must provide a periodic update.
1938	Section 34. Paragraph (b) of subsection (1) of section
1939	1013.35, Florida Statutes, is amended to read:
1940	1013.35 School district educational facilities plan;
1941	definitions; preparation, adoption, and amendment; long-term
1942	work programs.--
1943	(1) DEFINITIONS.--As used in this section, the term:
1944	(b) "District facilities work program" means the 5-year
1945	listing of capital outlay projects adopted by the district
1946	school board as provided in subparagraph (2)(a)2. and paragraph
1947	(2)(b) as part of the district educational facilities plan,
1948	which is required in order to:
1949	1. Properly maintain the educational plant and ancillary
1950	facilities of the district.
1951	2. Provide an adequate number of satisfactory student
1952	stations for the projected student enrollment of the district in
1953	K-12 programs in accordance with the goal in s. 1013.21.
1954	Section 35. Section 1013.368, Florida Statutes, is created
1955	to read:
1956	1013.368 Cost per student station requirements for
1957	educational facilities.--
1958	(1) Beginning July 1, 2004, all new schools constructed,
1959	including change orders, regardless of the source of funds,
1960	shall not exceed the following cost per student station amounts:
1961	(a) $12,755 for an elementary school (January 2002).
1962	(b) $14,624 for a middle school (January 2002).
1963	(c) $19,352 for a high school (January 2002).
1964
1965	The cost per student station limits required by this section
1966	shall be adjusted annually to reflect increases or decreases in
1967	the Consumer Price Index.
1968	(2) This section does not apply to plans for new
1969	educational facilities already under architectural contract on
1970	July 1, 2004.
1971	(3) Charter districts shall not be exempt from this
1972	section.
1973	Section 36. Subsection (6) of section 1013.64, Florida
1974	Statutes, is amended to read:
1975	1013.64 Funds for comprehensive educational plant needs;
1976	construction cost maximums for school district capital
1977	projects.--Allocations from the Public Education Capital Outlay
1978	and Debt Service Trust Fund to the various boards for capital
1979	outlay projects shall be determined as follows:
1980	(6)(a) Each district school board must meet all
1981	educational plant space needs of its elementary, middle, and
1982	high schools before spending funds from the Public Education
1983	Capital Outlay and Debt Service Trust Fund or the School
1984	District and Community College District Capital Outlay and Debt
1985	Service Trust Fund for any ancillary plant or any other new
1986	construction, renovation, or remodeling of ancillary space.
1987	Expenditures to meet such space needs may include expenditures
1988	for site acquisition; new construction of educational plants;
1989	renovation, remodeling, and maintenance and repair of existing
1990	educational plants, including auxiliary facilities; and the
1991	directly related costs of such services of school district
1992	personnel. It is not the intent of the Legislature to preclude
1993	the use of capital outlay funding for the labor costs necessary
1994	to accomplish the authorized uses for the capital outlay
1995	funding. Day-labor contracts or any other educational facilities
1996	contracting and construction techniques pursuant to s. 1013.45
1997	are authorized. Additionally, if a school district has salaried
1998	maintenance staff whose duties consist solely of performing the
1999	labor necessary to accomplish the authorized uses for the
2000	capital outlay funding, such funding may be used for those
2001	salaries; however, if a school district has salaried staff whose
2002	duties consist partially of performing the labor necessary to
2003	accomplish the authorized uses for the capital outlay funding,
2004	the district shall prorate the portion of salary of each such
2005	employee that is based on labor for authorized capital outlay
2006	funding, and such funding may be used to pay that portion.
2007	(b)1. A district school board must not use funds from the
2008	Public Education Capital Outlay and Debt Service Trust Fund or
2009	the School District and Community College District Capital
2010	Outlay and Debt Service Trust Fund for any new construction of
2011	educational plant space with a total cost per student station,
2012	including change orders, that equals more than:
2013	a. $11,600 for an elementary school,
2014	b. $13,300 for a middle school, or
2015	c. $17,600 for a high school,
2016
2017	(1997) as adjusted annually by the Consumer Price Index.
2018	2. A district school board must not use funds from the
2019	Public Education Capital Outlay and Debt Service Trust Fund or
2020	the School District and Community College District Capital
2021	Outlay and Debt Service Trust Fund for any new construction of
2022	an ancillary plant that exceeds 70 percent of the average cost
2023	per square foot of new construction for all schools.
2024	(c) Except as otherwise provided, new construction
2025	initiated by a district school board after June 30, 1997, must
2026	not exceed the cost per student station as provided in paragraph
2027	(b).
2028	(d) The department shall compute for each calendar year
2029	the statewide average construction costs for facilities serving
2030	each instructional level, for relocatable educational
2031	facilities, for administrative facilities, and for other
2032	ancillary and auxiliary facilities. The department shall compute
2033	the statewide average costs per student station for each
2034	instructional level. Cost per student station includes contract
2035	costs, legal and administrative costs, fees of architects and
2036	engineers, furniture and equipment, and site improvement costs.
2037	Cost per student station does not include the cost of purchasing
2038	or leasing the site for the construction or the cost of related
2039	offsite improvements.
2040	(e) The restrictions of this subsection on the cost per
2041	student station of new construction do not apply to a project
2042	funded entirely from proceeds received by districts through
2043	provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
2044	State Constitution, if the school board approves the project by
2045	majority vote.
2046	Section 37. Sections 1012.41, 1013.21, and 1013.43,
2047	Florida Statutes, are repealed.
2048	Section 38. If any provision of this act or the
2049	application thereof to any person or circumstance is held
2050	invalid, the invalidity shall not affect other provisions or
2051	applications of the act which can be given effect without the
2052	invalid provision or application, and to this end the provisions
2053	of this act are declared severable.
2054	Section 39. This act shall take effect July 1, 2003.