HB 0047A 2003
1	A bill to be entitled
2	An act relating to quality education; amending s. 1003.01,
3	F.S.; defining the terms "core-curricula courses" and
4	"extracurricular courses"; amending s. 1003.03, F.S.;
5	establishing the constitutional class size maximum;
6	providing for the determination of averages; providing for
7	the department to calculate averages based upon student
8	membership surveys; providing implementation options for
9	school districts; providing accountability for the class
10	size reduction measures; creating s. 1011.685, F.S.;
11	establishing an operating categorical fund for
12	implementing class size reduction; providing for the use
13	of the funds by school districts; creating s. 1013.735,
14	F.S.; establishing the Classrooms for Kids Program;
15	providing for the allocation of funds; providing
16	requirements for district participation in the program;
17	providing for the use of the funds; creating s. 1013.736,
18	F.S.; establishing the District Effort Recognition
19	Program; providing for eligibility for school district
20	participation; establishing a district equity ratio for
21	purposes of calculating the allocation for the program;
22	providing for the use of the funds; creating s. 1013.737,
23	F.S.; establishing the Class Size Reduction Lottery
24	Revenue Bond Program; authorizing the issuance of revenue
25	bonds to finance or refinance the construction,
26	acquisition, reconstruction, or renovation of educational
27	facilities; providing legislative findings; specifying
28	that the bonds are payable from first proceeds of lottery
29	revenues transferred to the Educational Enhancement Trust
30	Fund; establishing a covenant with bondholders to not
31	materially and adversely affect their rights; providing
32	for issuance of the bonds by the Division of Bond Finance
33	on behalf of the Department of Education; limiting the
34	total amount of such bonds issued; providing for deposit
35	of bond proceeds in the Lottery Capital Outlay and Debt
36	Service Trust Fund; providing for the filing of complaints
37	for validation; providing for timely encumbrances of funds
38	for authorized projects; amending s. 24.121, F.S.;
39	removing limitations on lottery revenues that may be
40	pledged to the payment of debt service; amending s.
41	121.091, F.S.; authorizing certain instructional personnel
42	who receive authorization to extend participation in the
43	Deferred Retirement Option Program; amending s. 220.187,
44	F.S.; increasing the total amount of tax credit and
45	carryforward of tax credit which may be granted each state
46	fiscal year; requiring parental notification to the school
47	district; allowing tax credits to be carried forward;
48	providing procedures; amending s. 1003.02, F.S.; requiring
49	school districts to notify parents of acceleration
50	mechanisms; eliminating a cross-reference to conform to
51	changes made by the act; amending s. 1003.43, F.S.;
52	providing that parenting skills be included; removing the
53	requirement that a life management course be offered
54	during the 9th and 10th grade years; providing that
55	participation in R.O.T.C. class satisfies a portion of the
56	physical education requirement; creating s. 1003.429,
57	F.S.; providing for accelerated high school graduation
58	options; providing requirements; prohibiting school
59	districts from imposing additional requirements; amending
60	s. 1007.261, F.S.; aligning university admission standards
61	with accelerated high school graduation options; revising
62	credits required; amending s. 1003.436, F.S.; reducing the
63	number of hours required for one full credit for district
64	schools implementing block scheduling; amending s.
65	1011.62, F.S.; removing a date limitation to provide for
66	categorical flexibility; revising purposes of categorical
67	funds; amending s. 1011.69, F.S.; deleting obsolete
68	provisions; revising allocation amount to average percent
69	of funds generated; revising the exemption for certain
70	charter schools; providing that Classrooms for Kids
71	operating categorial funds are not subject to provisions
72	requiring equity in school funding; amending s. 1013.03,
73	F.S.; requiring the Department of Education to review
74	rules relating to school construction and make
75	recommendations to the State Board of Education; amending
76	s. 1013.31, F.S.; requiring school districts to
77	periodically update the inventory of educational
78	facilities; amending s. 1002.37, F.S.; providing that
79	certain funds are internal funds; authorizing supplemental
80	support organization; revising administrative
81	responsibilities regarding funding and reporting
82	requirements for the board of trustees of the Florida
83	Virtual School; authorizing franchise agreements;
84	providing for funding the Florida Virtual School within
85	the Florida Education Finance Program; providing for
86	funding based on credit completion; providing a
87	calculation; eliminating obsolete provisions; amending s.
88	1011.61, F.S.; redefining the term "full-time equivalent
89	student" to include a Florida Virtual School student;
90	providing for membership to exceed certain maximum days of
91	instruction; creating the Florida Business and Education
92	in School Together (Florida BEST) Program; requiring
93	school districts to seek business partners for Florida
94	BEST schools; requiring each school district to create a
95	Florida BEST school evaluation committee; defining a
96	"Florida Business and Education in School Together
97	(Florida BEST) school"; providing for priority in
98	admission of students; providing parental responsibility;
99	providing for contracts to operate Florida BEST schools;
100	providing school district and business responsibilities
101	for Florida BEST schools; providing exemptions from local
102	government ordinances or regulations relating to square
103	footage or floor area; repealing ss. 1002.33(13), 1012.41,
104	1012.73, and 1013.43, F.S., relating to number of charter
105	schools, directors of career and technical education, the
106	Florida Mentor Teacher School Pilot Program, and the small
107	school requirement; amending s. 216.292, F.S.; requiring
108	the Executive Office of the Governor to transfer funds for
109	class size reduction based on recommendations of the
110	Florida Education Finance Program Appropriation Allocation
111	Conference or the Legislative Budget Commission; requiring
112	notice and review; amending s. 1003.62, F.S.; making pilot
113	program statewide; providing additional criteria for the
114	establishment of a charter school district; providing for
115	renewal of the charter; providing certain exemptions from
116	law and rule; providing reporting requirements;
117	grandfathering certain districts; amending s. 1013.64,
118	F.S.; providing limitations on the use of certain funds;
119	revising provisions relating to the costs per student
120	station; requiring reports; creating s. 1000.041, F.S.;
121	providing legislative purposes and guiding principles of
122	Better Educated Students and Teachers (BEST) Florida
123	Teaching; amending s. 1001.33, F.S.; requiring cooperation
124	to apply guiding principles; amending s. 1001.42, F.S.;
125	providing that a district school board may use certain
126	personnel to assist teachers in noninstructional
127	activities; requiring school district support of certain
128	activities and programs; clarifying provisions concerning
129	a school-within-a-school; amending ss. 1001.51 and
130	1001.54, F.S.; requiring cooperation and support of
131	district school superintendents and school principals;
132	amending s. 1002.20, F.S.; providing student rights with
133	respect to classroom orderliness; amending s. 1002.42,
134	F.S.; correcting a cross-reference; amending s. 1003.04,
135	F.S.; requiring specified student conduct and attendance;
136	requiring parental cooperation with school authority;
137	amending s. 1003.31, F.S.; requiring support of the
138	authority of teachers and bus drivers; amending s.
139	1003.32, F.S.; revising provisions relating to teacher
140	authority and responsibility for control of students;
141	designating a school placement review committee to
142	determine placement for disruptive students; requiring
143	reports; requiring Commissioner of Education review of
144	success in achieving orderly classrooms and use of
145	enforcement actions; requiring reporting of knowledge or
146	suspicion of crimes of violence on school property and
147	providing immunity; amending s. 1004.04, F.S.; revising
148	provisions relating to state approval of teacher
149	preparation programs; expanding State Board of Education
150	rules establishing core curricula; requiring teacher
151	preparation programs to incorporate certain instruction;
152	providing for guarantee; providing for additional teacher
153	training under certain circumstances; authorizing pay for
154	student teacher internships; authorizing additional
155	standards for program approval and certification; deleting
156	the requirement that pilot programs be established at the
157	University of Central Florida, the University of North
158	Florida, and the University of South Florida; allowing
159	pilot programs to be established as authorized by the
160	Commissioner of Education at colleges and universities
161	with state-approved teacher education programs; providing
162	priority consideration for participation in teacher
163	education pilot programs; amending ss. 1006.08 and
164	1006.09, F.S.; requiring district school superintendent
165	and school principal support relating to student
166	discipline; amending s. 1012.05, F.S.; requiring the
167	Department of Education to provide for one-stop shopping
168	for teacher career information and on-line support;
169	authorizing use of funds to recruit and prepare teachers;
170	creating s. 1012.231, F.S.; establishing a salary career
171	ladder program; providing levels of career ladder salary;
172	providing standards; providing limitations or certain
173	assignments; requiring the State Board of Education to
174	develop a long-range plan; amending s. 1012.27, F.S.;
175	requiring district school superintendents to implement
176	district's career ladder salary program; amending s.
177	1012.56, F.S.; revising the time period for which an
178	official statement of status of eligibility for
179	certification is valid; revising requirements for mastery
180	of general knowledge, mastery of subject area knowledge,
181	and mastery of professional preparation and education
182	competence; amending s. 1012.57, F.S.; requiring district
183	school boards to adopt rules to allow for the issuance of
184	adjunct teaching certificates; revising provisions
185	relating to determination of expertise in the subject area
186	to be taught; amending s. 1012.585, F.S.; revising certain
187	requirements for renewal of professional certificates;
188	correcting a cross-reference; creating s. 1012.586, F.S.;
189	authorizing school districts to process certain
190	applications via website; providing for a fee and the uses
191	thereof; amending s. 1012.98, F.S.; revising provisions
192	relating to the School Community Professional Development
193	Act; deleting provisions relating to recruitment,
194	preparation, and professional development of school
195	administrative personnel; amending s. 1009.531, F.S.;
196	correcting a cross-reference; creating ss. 159.831,
197	159.832, 159.833, 159.834, and 159.835, F.S., relating to
198	the Florida Qualified Public Educational Facilities
199	Private Activity Bond Allocation Act; providing
200	definitions; providing certain state volume limitations on
201	certain private bond activity; providing for department
202	review; authorizing rule adoption; amending s. 1012.22,
203	F.S.; providing that district's five-percent performance-
204	pay policy must apply at each level of the salary career
205	ladder program; creating s. 1012.987, F.S.; authorizing
206	the State Board of Education to adopt rules for a
207	principal leadership designation; requiring districts to
208	compare certain life-cycle costs of materials used in
209	constructing or expanding educational facilities;
210	providing for severability; providing for construction of
211	the act in pari materia with laws enacted during the
212	Regular Session of the Legislature; providing effective
213	dates.
214
215	WHEREAS, in 1998 the voters approved an amendment to
216	Section 1, Article IX of the State Constitution that required
217	the Legislature to establish by law a uniform, efficient, safe,
218	secure, and high-quality system of free public schools that
219	allows students to obtain a high-quality education, and
220	WHEREAS, in 2002 the voters of Florida approved a further
221	amendment to Section 1, Article IX of the State Constitution to
222	assure that students obtain a high-quality education, and
223	WHEREAS, the voters defined a high-quality education as, by
224	2010, a prekindergarten through grade 3 core-curricula class
225	size of no more than 18 students assigned to a teacher, a grade
226	4 through grade 8 core-curricula class size of no more than 22
227	students assigned to a teacher, and a grade 9 through grade 12
228	core-curricula class size of no more than 25 students assigned
229	to a teacher, and
230	WHEREAS, the Legislature finds that a high-quality
231	education cannot be achieved solely by small class sizes but
232	also requires well-educated, well-trained, well-compensated, and
233	effective classroom teachers and school administrators who
234	maintain orderly, disciplined classrooms conducive to student
235	learning, and
236	WHEREAS, Section 1, Article IX of the State Constitution
237	requires that such reduced class sizes be accomplished through a
238	system that is both efficient and uniform, and
239	WHEREAS, the constitutional principle of efficiency
240	includes the school districts' use of their facilities,
241	teachers, and other resources in the most efficient manner, and
242	WHEREAS, the Florida Supreme Court in considering the
243	provisions of Amendment 9 to Section 1, Article IX of the State
244	Constitution, found that "rather than restricting the
245	Legislature, the proposed amendment gives the Legislature
246	latitude in designing ways to reach the class size goal
247	articulated in the ballot initiative, and places the obligation
248	to ensure compliance on the Legislature," and
249	WHEREAS, the Legislature has chosen to focus on student
250	achievement, provide clarity of goals, safeguard the efficient
251	use of public funds, allow flexibility to reach those goals,
252	recognize issues relating to efficiency and equity of
253	implementation, and require accountability to meet the standards
254	set forth in the State Constitution, NOW, THEREFORE,
255
256	Be It Enacted by the Legislature of the State of Florida:
257
258	Section 1. Subsections (14) and (15) are added to section
259	1003.01, Florida Statutes, to read:
260	1003.01 Definitions.--As used in this chapter, the term:
261	(14) "Core-curricula courses" means courses defined by the
262	Department of Education as mathematics, language arts/reading,
263	science, social studies, foreign language, English for Speakers
264	of Other Languages, exceptional student education, and courses
265	taught in traditional self-contained elementary school
266	classrooms. The term is limited in meaning and used for the sole
267	purpose of designating classes that are subject to the maximum
268	class size requirements established in s. 1, Art. IX of the
269	State Constitution.
270	(15) "Extracurricular courses" means all courses that are
271	not defined as "core-curricula courses," which may include, but
272	are not limited to, physical education, fine arts, performing
273	fine arts, vocational education, and career and technical
274	education. The term is limited in meaning and used for the sole
275	purpose of designating classes that are not subject to the
276	maximum class size requirements established in s. 1, Art. IX of
277	the State Constitution.
278	Section 2. Section 1003.03, Florida Statutes, is amended
279	to read:
280	(Substantial rewording of section. See
281	s. 1003.03, F.S., for present text.)
282	1003.03 Maximum class size.--
283	(1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1,
284	Art. IX of the State Constitution, beginning in the 2010-2011
285	school year:
286	(a) The maximum number of students assigned to each
287	teacher who is teaching core-curricula courses in public school
288	classrooms for prekindergarten through grade 3 may not exceed 18
289	students.
290	(b) The maximum number of students assigned to each
291	teacher who is teaching core-curricula courses in public school
292	classrooms for grades 4 through 8 may not exceed 22 students.
293	(c) The maximum number of students assigned to each
294	teacher who is teaching core-curricula courses in public school
295	classrooms for grades 9 through 12 may not exceed 25 students.
296	(2) IMPLEMENTATION.--
297	(a) Beginning with the 2003-2004 fiscal year, each school
298	district that is not in compliance with the maximums in
299	subsection (1) shall reduce the average number of students per
300	classroom in each of the following grade groupings:
301	prekindergarten through grade 3, grade 4 through grade 8, and
302	grade 9 through grade 12, by at least two students each year.
303	(b) Determination of the number of students per classroom
304	in paragraph (a) shall be calculated as follows:
305	1. For fiscal years 2003-2004 through 2005-2006, the
306	calculation for compliance for each of the 3 grade groupings
307	shall be the average at the district level.
308	2. For fiscal years 2006-2007 through 2007-2008, the
309	calculation for compliance for each of the 3 grade groupings
310	shall be the average at the school level.
311	3. For fiscal years 2008-2009, 2009-2010, and thereafter,
312	the calculation for compliance shall be at the individual
313	classroom level.
314	(c) The Department of Education shall annually calculate
315	each of the three average class size measures defined in
316	paragraphs (a) and (b) based upon the October student membership
317	survey. For purposes of determining the baseline from which each
318	district's average class size must be reduced for the 2003-2004
319	school year, the department shall use data from the February
320	2003 student membership survey updated to include classroom
321	identification numbers as required by the department.
322	(d) Prior to the adoption of the district school budget
323	for 2004-2005, each district school board shall hold public
324	hearings to review school attendance zones in order to ensure
325	maximum use of facilities while minimizing the additional use of
326	transportation in order to comply with the two-student-per-year
327	reduction required in paragraph (a). School districts that meet
328	the constitutional class size maximums described in subsection
329	(1) are exempt from this requirement.
330	(3) IMPLEMENTATION OPTIONS.--District school boards must
331	consider, but are not limited to, implementing the following
332	items in order to meet the constitutional class size maximums
333	described in subsection (1) and the two-student-per-year
334	reduction required in subsection (2):
335	(a) Adopt policies to encourage qualified students to take
336	dual enrollment courses.
337	(b) Adopt policies to encourage students to take courses
338	from the Florida Virtual School.
339	(c)1. Repeal district school board policies that require
340	students to have more than 24 credits to graduate from high
341	school.
342	2. Adopt policies to allow students to graduate from high
343	school as soon as they pass the grade 10 FCAT and complete the
344	courses required for high school graduation.
345	(d) Use methods to maximize use of instructional staff,
346	such as changing required teaching loads and scheduling of
347	planning periods, deploying district employees that have
348	professional certification to the classroom, using adjunct
349	educators, or any other method not prohibited by law.
350	(e) Use innovative methods to reduce the cost of school
351	construction by using prototype school designs, using SMART
352	Schools designs, participating in the School Infrastructure
353	Thrift Program, or any other method not prohibited by law.
354	(f) Use joint-use facilities through partnerships with
355	community colleges, state universities, and private colleges and
356	universities. Joint-use facilities available for use as K-12
357	classrooms that do not meet the K-12 State Regulations for
358	Educational Facilities in the Florida Building Code may be used
359	at the discretion of the district school board provided that
360	such facilities meet all other health, life, safety, and fire
361	codes.
362	(g) Adopt alternative methods of class scheduling, such as
363	block scheduling.
364	(h) Redraw school attendance zones to maximize use of
365	facilities while minimizing the additional use of
366	transportation.
367	(i) Operate schools beyond the normal operating hours to
368	provide classes in the evening or operate more than one session
369	of school during the day.
370	(j) Use year-round schools and other nontraditional
371	calendars that do not adversely impact annual assessment of
372	student achievement.
373	(k) Review and consider amending any collective bargaining
374	contracts that hinder the implementation of class size
375	reduction.
376	(l) Use any other approach not prohibited by law.
377	(4) ACCOUNTABILITY.--
378	(a) Beginning in the 2003-2004 fiscal year, if the
379	department determines for any year that a school district has
380	not reduced average class size as required in subsection (2) at
381	the time of the third FEFP calculation, the department shall
382	calculate an amount from the class size reduction operating
383	categorical which is proportionate to the amount of class size
384	reduction not accomplished. Upon verification of the
385	department's calculation by the Florida Education Finance
386	Program Appropriation Allocation Conference, the Executive
387	Office of the Governor shall transfer undistributed funds
388	equivalent to the calculated amount from the district's class
389	size reduction operating categorical to an approved fixed
390	capital outlay appropriation for class size reduction in the
391	affected district pursuant to s. 216.292(13). The amount of
392	funds transferred shall be the lesser of the amount verified by
393	the Florida Education Finance Program Appropriation Allocation
394	Conference or the undistributed balance of the district's class
395	size reduction operating categorical. However, based upon a
396	recommendation by the Commissioner of Education that the State
397	Board of Education has reviewed evidence indicating that a
398	district has been unable to meet class size reduction
399	requirements despite appropriate effort to do so, the
400	Legislative Budget Commission may approve an alternative amount
401	of funds to be transferred from the district's class size
402	reduction operating categorical to its approved fixed capital
403	outlay account for class size reduction.
404	(b) Beginning in the 2005-2006 school year, the department
405	shall determine by January 15 of each year which districts have
406	not met the two-student-per-year reduction required in
407	subsection (2) based upon a comparison of the district's October
408	student membership survey for the current school year and the
409	February 2003 baseline student membership survey. The department
410	shall report such districts to the Legislature. Each district
411	that has not met the two-student-per-year reduction shall be
412	required to implement one of the following policies in the
413	subsequent school year unless the department finds that the
414	district comes into compliance based upon the February student
415	membership survey:
416	1. Year-round schools;
417	2. Double sessions;
418	3. Rezoning; or
419	4. Maximizing use of instructional staff by changing
420	required teacher loads and scheduling of planning periods,
421	deploying school district employees who have professional
422	certification to the classroom, using adjunct educators,
423	operating schools beyond the normal operating hours to provide
424	classes in the evening, or operating more than one session
425	during the day.
426
427	A school district that is required to implement one of the
428	policies outlined in subparagraphs 1. through 4. shall correct
429	in the year of implementation any past deficiencies and bring
430	the district into compliance with the two-student-per-year
431	reduction goals established for the district by the department
432	pursuant to subsection (2). A school district may choose to
433	implement more than one of these policies. The district school
434	superintendent shall report to the Commissioner of Education the
435	extent to which the district implemented any of the policies
436	outlined in subparagraphs 1. through 4. in a format to be
437	specified by the Commissioner of Education. The Department of
438	Education shall use the enforcement authority provided in s.
439	1008.32 to ensure that districts comply with the provisions of
440	this paragraph.
441	(c) Beginning in the 2006-2007 school year, the department
442	shall annually determine which districts do not meet the
443	requirements described in subsection (2). In addition to
444	enforcement authority provided in s. 1008.32, the Department of
445	Education shall develop a constitutional compliance plan for
446	each such district which includes, but is not limited to,
447	redrawing school attendance zones to maximize use of facilities
448	while minimizing the additional use of transportation unless the
449	department finds that the district comes into compliance based
450	upon the February student membership survey and the other
451	accountability policies listed in paragraph (b). Each district
452	school board shall implement the constitutional compliance plan
453	developed by the state board until the district complies with
454	the constitutional class size maximums.
455	Section 3. Section 1011.685, Florida Statutes, is created
456	to read:
457	1011.685 Class size reduction; operating categorical
458	fund.--
459	(1) There is created an operating categorical fund for
460	implementing the class size reduction provisions of s. 1, Art.
461	IX of the State Constitution. These funds shall be allocated to
462	each school district in the amount prescribed by the Legislature
463	in the General Appropriations Act.
464	(2) Class size reduction operating categorical funds shall
465	be used by school districts for the following:
466	(a) To reduce class size in any lawful manner, if the
467	district has not met the constitutional maximums identified in
468	s. 1003.03(1) or the reduction of two students per year required
469	by s. 1003.03(2).
470	(b) For any lawful operating expenditure, if the district
471	has met the constitutional maximums identified in s. 1003.03(1)
472	or the reduction of two students per year required by s.
473	1003.03(2); however, priority shall be given to increase
474	salaries of classroom teachers as defined in s. 1012.01(2)(a)
475	and to implement the salary career ladder defined in s.
476	1012.231.
477	Section 4. Section 1013.735, Florida Statutes, is created
478	to read:
479	1013.735 Classrooms for Kids Program.--
480	(1) ALLOCATION.--The department shall allocate funds
481	appropriated for the Classrooms for Kids Program. It is the
482	intent of the Legislature that this program be administered as
483	nearly as practicable in the same manner as the capital outlay
484	program authorized under s. 9(a), Art. XII of the State
485	Constitution. Each district school board's share of the annual
486	appropriation for the Classrooms for Kids Program must be
487	calculated according to the following formula:
488	(a) Twenty-five percent of the appropriation shall be
489	prorated to the districts based on each district's percentage of
490	base capital outlay full-time equivalent membership, and 65
491	percent shall be based on each district's percentage of growth
492	capital outlay full-time equivalent membership as specified for
493	the allocation of funds from the Public Education Capital Outlay
494	and Debt Service Trust Fund by s. 1013.64(3).
495	(b) Ten percent of the appropriation must be allocated
496	among district school boards according to the allocation formula
497	in s. 1013.64(1)(a).
498	(2) DISTRICT PARTICIPATION.--In order to participate in
499	the Classrooms for Kids Program, a district school board shall:
500	(a) Enter into an interlocal agreement pursuant to s.
501	1013.33.
502	(b) Certify that the district's inventory of facilities
503	listed in the Florida Inventory of School Houses is accurate and
504	up-to-date pursuant to s. 1013.31.
505	(3) USE OF FUNDS.--In order to increase capacity to reduce
506	class size, a district school board shall expend the funds
507	received pursuant to this section only to:
508	(a) Construct, renovate, remodel, or repair educational
509	facilities that are in excess of projects identified in the
510	district's 5-year work program adopted prior to March 15, 2003;
511	or
512	(b) Purchase or lease-purchase relocatable facilities that
513	are in excess of relocatables identified in the district's 5-
514	year work program adopted prior to March 15, 2003.
515	Section 5. Effective upon this act becoming a law, section
516	1013.736, Florida Statutes, is created to read:
517	1013.736 District Effort Recognition Program.--
518	(1) RECOGNITION FUNDS.--From funds appropriated by the
519	Legislature, district effort recognition capital outlay grants
520	shall be made to eligible school districts in accordance with
521	the provisions of this section and the General Appropriations
522	Act. The funds appropriated in this section are not subject to
523	the provisions of s. 216.301.
524	(2) ELIGIBILITY.--Annually, the Department of Education
525	shall determine each district's compliance with the provisions
526	of s. 1003.03 and determine the district's eligibility to
527	receive a district effort recognition grant for local school
528	facilities projects pursuant to this section. Districts shall be
529	eligible for a district effort recognition grant based upon
530	participation in any of the following:
531	(a) The district levies a half-cent school capital outlay
532	surtax authorized in s. 212.055(6).
533	(b) The district participates in the levy of the local
534	government infrastructure sales surtax authorized in s.
535	212.055(2).
536	(c) The district levies voted millage for capital outlay
537	purposes as authorized in s. 9, Art. VII of the State
538	Constitution.
539	(3) DISTRICT EFFORT RECOGNITION PROGRAM.--The department
540	shall annually calculate a district effort amount for each
541	district by September 1 after each fiscal year. The total amount
542	of revenue for the prior year from each revenue levied as
543	described in subsection (2) shall be divided by the number of
544	months for which revenue was received and multiplied by the
545	number of authorized months remaining in each voter referendum.
546	The amount so determined for each revenue levied shall be
547	totaled. The Department of Revenue shall report the amount of
548	voter-approved revenue described in paragraphs(2)(a) and (b).
549	The district shall report the amount of revenue described in
550	paragraph (2)(b) identified for district fixed capital outlay in
551	the prior fiscal year. To determine the amount of revenue levied
552	pursuant to paragraph (2)(c), the district shall annually report
553	to the Department of Education the outstanding debt service by
554	bond series and date of maturity. The total of annual debt
555	service to maturity remaining as of July 1 of each year shall be
556	added to the other revenues levied pursuant to paragraphs (2)(a)
557	and (b) in determining the total district effort amount. Only
558	the amount of voter-approved revenue described in paragraph
559	(2)(b) which has been identified for district fixed capital
560	outlay from the prior fiscal year shall be used in the
561	calculation.
562	(4) ALLOCATION AND DISTRIBUTION OF FUNDS.--The department
563	shall allocate the annual amount of funds provided among all
564	eligible districts based upon the district's proportion of the
565	funds as determined in subsection (3). Funds shall be
566	distributed once a district has encumbered the funds.
567	(5) USE OF FUNDS.--School districts that do not meet the
568	constitutional class size maximums described in s. 1003.03(1)
569	must use the funds for capital outlay to reduce class size.
570	School districts that meet the constitutional class size maximum
571	may use the funds for any lawful capital outlay purpose.
572	Section 6. Section 1013.737, Florida Statutes, is created
573	to read:
574	1013.737 The Class Size Reduction Lottery Revenue Bond
575	Program.--There is established the Class Size Reduction Lottery
576	Revenue Bond Program.
577	(1) The issuance of revenue bonds is authorized to finance
578	or refinance the construction, acquisition, reconstruction, or
579	renovation of educational facilities. Such bonds shall be issued
580	pursuant to and in compliance with the provisions of s. 11(d),
581	Art. VII of the State Constitution, the provisions of the State
582	Bond Act, ss. 215.57-215.83, as amended, and the provisions of
583	this section.
584	(2) The bonds are payable from, and secured by a first
585	lien on, the first lottery revenues transferred to the
586	Educational Enhancement Trust Fund each fiscal year, as provided
587	by s. 24.121(2), and do not constitute a general obligation of,
588	or a pledge of the full faith and credit of, the state.
589	(3) The state hereby covenants with the holders of such
590	revenue bonds that it will not take any action that will
591	materially and adversely affect the rights of such holders so
592	long as bonds authorized by this section are outstanding. The
593	state does hereby additionally authorize the establishment of a
594	covenant in connection with the bonds which provides that any
595	additional funds received by the state from new or enhanced
596	lottery programs, video gaming, or other similar activities will
597	first be available for payments relating to bonds pledging
598	revenues available pursuant to s. 24.121(2), prior to use for
599	any other purpose.
600	(4) The bonds shall be issued by the Division of Bond
601	Finance of the State Board of Administration on behalf of the
602	Department of Education in such amount as shall be requested by
603	resolution of the State Board of Education. However, the total
604	principal amount of bonds, excluding refunding bonds, issued
605	pursuant to this section shall not exceed amounts specifically
606	authorized in the General Appropriations Act.
607	(5) Proceeds available from the sale of the bonds shall be
608	deposited in the Lottery Capital Outlay and Debt Service Trust
609	Fund within the Department of Education.
610	(6) The facilities to be financed with the proceeds of
611	such bonds are designated as state fixed capital outlay projects
612	for purposes of s. 11(d), Art. VII of the State Constitution,
613	and the specific facilities to be financed shall be determined
614	in accordance with state law and appropriations from the
615	Educational Enhancement Trust Fund. Projects shall be funded
616	from the Lottery Capital Outlay and Debt Service Trust Fund.
617	Each educational facility to be financed with the proceeds of
618	the bonds issued pursuant to this section is hereby approved as
619	required by s. 11(f), Art. VII of the State Constitution.
620	(7) Any complaint for validation of such bonds is required
621	to be filed only in the circuit court of the county where the
622	seat of state government is situated. The notice required to be
623	published by s. 75.06 is required to be published only in the
624	county where the complaint is filed, and the complaint and order
625	of the circuit court need be served only on the state attorney
626	of the circuit in which the action is pending.
627	(8) The Commissioner of Education shall provide for timely
628	encumbrances of funds for duly authorized projects. Encumbrances
629	may include proceeds to be received under a resolution approved
630	by the State Board of Education authorizing issuance of class
631	size reduction lottery bonds pursuant to s. 11(d), Art. VII of
632	the State Constitution, this section, and other applicable law.
633	Section 7. Subsection (2) of section 24.121, Florida
634	Statutes, is amended to read:
635	24.121 Allocation of revenues and expenditure of funds for
636	public education.--
637	(2) Each fiscal year, at least 38 percent of the gross
638	revenue from the sale of on-line lottery tickets, variable
639	percentages of the gross revenue from the sale of instant
640	lottery tickets as determined by the department consistent with
641	subsection (1), and other earned revenue, excluding application
642	processing fees, shall be deposited in the Educational
643	Enhancement Trust Fund, which is hereby created in the State
644	Treasury to be administered by the Department of Education. The
645	Department of the Lottery shall transfer moneys to the
646	Educational Enhancement Trust Fund at least once each quarter.
647	Funds in the Educational Enhancement Trust Fund shall be used to
648	the benefit of public education in accordance with the
649	provisions of this act. Notwithstanding any other provision of
650	law, a maximum of $180 million oflottery revenues transferred
651	to the Educational Enhancement Trust Fund in fiscal year 1997-
652	1998 and for 30 years thereaftershall be reserved as needed and
653	used to meet the requirements of the documents authorizing the
654	bonds issued by the state pursuant to s. 1013.68,or s. 1013.70,
655	or s. 1013.737or distributed to school districts for the
656	Classrooms First Program as provided in s. 1013.68. Such lottery
657	revenues are hereby pledged to the payment of debt service on
658	bonds issued by the state pursuant to s. 1013.68,or s. 1013.70,
659	or s. 1013.737. Debt service payable on bonds issued by the
660	state pursuant to s. 1013.68,or s. 1013.70, or s. 1013.737
661	shall be payable from, and are secured by a first lien on,the
662	first lottery revenues transferred to the Educational
663	Enhancement Trust Fund in each fiscal year. Amounts
664	distributable to school districts that request the issuance of
665	bonds pursuant to s. 1013.68(3) are hereby pledged to such bonds
666	pursuant to s. 11(d), Art. VII of the State Constitution. The
667	amounts distributed through the Classrooms First Program shall
668	equal $145 million in each fiscal year. These funds are intended
669	to provide up to $2.5 billion for public school facilities.
670	Section 8. Subsection (13) of section 121.091, Florida
671	Statutes, is amended to read:
672	121.091 Benefits payable under the system.--Benefits may
673	not be paid under this section unless the member has terminated
674	employment as provided in s. 121.021(39)(a) or begun
675	participation in the Deferred Retirement Option Program as
676	provided in subsection (13), and a proper application has been
677	filed in the manner prescribed by the department. The department
678	may cancel an application for retirement benefits when the
679	member or beneficiary fails to timely provide the information
680	and documents required by this chapter and the department's
681	rules. The department shall adopt rules establishing procedures
682	for application for retirement benefits and for the cancellation
683	of such application when the required information or documents
684	are not received.
685	(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
686	subject to the provisions of this section, the Deferred
687	Retirement Option Program, hereinafter referred to as the DROP,
688	is a program under which an eligible member of the Florida
689	Retirement System may elect to participate, deferring receipt of
690	retirement benefits while continuing employment with his or her
691	Florida Retirement System employer. The deferred monthly
692	benefits shall accrue in the System Trust Fund on behalf of the
693	participant, plus interest compounded monthly, for the
694	specified period of the DROP participation, as provided in
695	paragraph (c). Upon termination of employment, the participant
696	shall receive the total DROP benefits and begin to receive the
697	previously determined normal retirement benefits. Participation
698	in the DROP does not guarantee employment for the specified
699	period of DROP. Participation in the DROP by an eligible member
700	beyond the initial 60-month period as authorized in this
701	subsection shall be on an annual contractual basis for all
702	participants.
703	(a) Eligibility of member to participate in the DROP.--All
704	active Florida Retirement System members in a regularly
705	established position, and all active members of either the
706	Teachers' Retirement System established in chapter 238 or the
707	State and County Officers' and Employees' Retirement System
708	established in chapter 122 which systems are consolidated within
709	the Florida Retirement System under s. 121.011, are eligible to
710	elect participation in the DROP provided that:
711	1. The member is not a renewed member of the Florida
712	Retirement System under s. 121.122, or a member of the State
713	Community College System Optional Retirement Program under s.
714	121.051, the Senior Management Service Optional Annuity Program
715	under s. 121.055, or the optional retirement program for the
716	State University System under s. 121.35.
717	2. Except as provided in subparagraph 6., election to
718	participate is made within 12 months immediately following the
719	date on which the member first reaches normal retirement date,
720	or, for a member who reaches normal retirement date based on
721	service before he or she reaches age 62, or age 55 for Special
722	Risk Class members, election to participate may be deferred to
723	the 12 months immediately following the date the member attains
724	57, or age 52 for Special Risk Class members. For a member who
725	first reached normal retirement date or the deferred eligibility
726	date described above prior to the effective date of this
727	section, election to participate shall be made within 12 months
728	after the effective date of this section. A member who fails to
729	make an election within such 12-month limitation period shall
730	forfeit all rights to participate in the DROP. The member shall
731	advise his or her employer and the division in writing of the
732	date on which the DROP shall begin. Such beginning date may be
733	subsequent to the 12-month election period, but must be within
734	the 60-month or, with respect to members who are instructional
735	personnel employed by the Florida School for the Deaf and the
736	Blind and who have received authorization by the Board of
737	Trustees of the Florida School for the Deaf and the Blind to
738	participate in the DROP beyond 60 months, or who are
739	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
740	grades K-12 and who have received authorization by the district
741	superintendent to participate in the DROP beyond 60 months, the
742	96-monthlimitation period as provided in subparagraph (b)1.
743	When establishing eligibility of the member to participate in
744	the DROP for the 60-month or, with respect to members who are
745	instructional personnel employed by the Florida School for the
746	Deaf and the Blind and who have received authorization by the
747	Board of Trustees of the Florida School for the Deaf and the
748	Blind to participate in the DROP beyond 60 months, or who are
749	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
750	grades K-12 and who have received authorization by the district
751	superintendent to participate in the DROP beyond 60 months, the
752	96-monthmaximum participation period, the member may elect to
753	include or exclude any optional service credit purchased by the
754	member from the total service used to establish the normal
755	retirement date. A member with dual normal retirement dates
756	shall be eligible to elect to participate in DROP within 12
757	months after attaining normal retirement date in either class.
758	3. The employer of a member electing to participate in the
759	DROP, or employers if dually employed, shall acknowledge in
760	writing to the division the date the member's participation in
761	the DROP begins and the date the member's employment and DROP
762	participation will terminate.
763	4. Simultaneous employment of a participant by additional
764	Florida Retirement System employers subsequent to the
765	commencement of participation in the DROP shall be permissible
766	provided such employers acknowledge in writing a DROP
767	termination date no later than the participant's existing
768	termination date or the 60-month limitation period as provided
769	in subparagraph (b)1.
770	5. A DROP participant may change employers while
771	participating in the DROP, subject to the following:
772	a. A change of employment must take place without a break
773	in service so that the member receives salary for each month of
774	continuous DROP participation. If a member receives no salary
775	during a month, DROP participation shall cease unless the
776	employer verifies a continuation of the employment relationship
777	for such participant pursuant to s. 121.021(39)(b).
778	b. Such participant and new employer shall notify the
779	division on forms required by the division as to the identity of
780	the new employer.
781	c. The new employer shall acknowledge, in writing, the
782	participant's DROP termination date, which may be extended but
783	not beyond the original 60-month or, with respect to members who
784	are instructional personnel employed by the Florida School for
785	the Deaf and the Blind and who have received authorization by
786	the Board of Trustees of the Florida School for the Deaf and the
787	Blind to participate in the DROP beyond 60 months, or who are
788	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
789	grades K-12 and who have received authorization by the district
790	superintendent to participate in the DROP beyond 60 months, the
791	96-monthperiod provided in subparagraph (b)1., shall
792	acknowledge liability for any additional retirement
793	contributions and interest required if the participant fails to
794	timely terminate employment, and shall be subject to the
795	adjustment required in sub-subparagraph (c)5.d.
796	6. Effective July 1, 2001, for instructional personnel as
797	defined in s. 1012.01(2), election to participate in the DROP
798	shall be made at any time following the date on which the member
799	first reaches normal retirement date. The member shall advise
800	his or her employer and the division in writing of the date on
801	which the Deferred Retirement Option Program shall begin. When
802	establishing eligibility of the member to participate in the
803	DROP for the 60-month or, with respect to members who are
804	instructional personnel employed by the Florida School for the
805	Deaf and the Blind and who have received authorization by the
806	Board of Trustees of the Florida School for the Deaf and the
807	Blind to participate in the DROP beyond 60 months, or who are
808	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
809	grades K-12 and who have received authorization by the district
810	superintendent to participate in the DROP beyond 60 months, the
811	96-monthmaximum participation period, as provided in
812	subparagraph (b)1., the member may elect to include or exclude
813	any optional service credit purchased by the member from the
814	total service used to establish the normal retirement date. A
815	member with dual normal retirement dates shall be eligible to
816	elect to participate in either class.
817	(b) Participation in the DROP.--
818	1. An eligible member may elect to participate in the DROP
819	for a period not to exceed a maximum of 60 calendar months or,
820	with respect to members who are instructional personnel employed
821	by the Florida School for the Deaf and the Blind and who have
822	received authorization by the Board of Trustees of the Florida
823	School for the Deaf and the Blind to participate in the DROP
824	beyond 60 months, or who are instructional personnel as defined
825	in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
826	authorization by the district superintendent to participate in
827	the DROP beyond 60 months, 96 monthsimmediately following the
828	date on which the member first reaches his or her normal
829	retirement date or the date to which he or she is eligible to
830	defer his or her election to participate as provided in
831	subparagraph (a)2. However, a member who has reached normal
832	retirement date prior to the effective date of the DROP shall be
833	eligible to participate in the DROP for a period of time not to
834	exceed 60 calendar months or, with respect to members who are
835	instructional personnel employed by the Florida School for the
836	Deaf and the Blind and who have received authorization by the
837	Board of Trustees of the Florida School for the Deaf and the
838	Blind to participate in the DROP beyond 60 months, or who are
839	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
840	grades K-12 and who have received authorization by the district
841	superintendent to participate in the DROP beyond 60 months, 96
842	monthsimmediately following the effective date of the DROP,
843	except a member of the Special Risk Class who has reached normal
844	retirement date prior to the effective date of the DROP and
845	whose total accrued value exceeds 75 percent of average final
846	compensation as of his or her effective date of retirement shall
847	be eligible to participate in the DROP for no more than 36
848	calendar months immediately following the effective date of the
849	DROP.
850	2. Upon deciding to participate in the DROP, the member
851	shall submit, on forms required by the division:
852	a. A written election to participate in the DROP;
853	b. Selection of the DROP participation and termination
854	dates, which satisfy the limitations stated in paragraph (a) and
855	subparagraph 1. Such termination date shall be in a binding
856	letter of resignation with the employer, establishing a deferred
857	termination date. The member may change the termination date
858	within the limitations of subparagraph 1., but only with the
859	written approval of his or her employer;
860	c. A properly completed DROP application for service
861	retirement as provided in this section; and
862	d. Any other information required by the division.
863	3. The DROP participant shall be a retiree under the
864	Florida Retirement System for all purposes, except for paragraph
865	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
866	and 121.122. However, participation in the DROP does not alter
867	the participant's employment status and such employee shall not
868	be deemed retired from employment until his or her deferred
869	resignation is effective and termination occurs as provided in
870	s. 121.021(39).
871	4. Elected officers shall be eligible to participate in
872	the DROP subject to the following:
873	a. An elected officer who reaches normal retirement date
874	during a term of office may defer the election to participate in
875	the DROP until the next succeeding term in that office. Such
876	elected officer who exercises this option may participate in the
877	DROP for up to 60 calendar months or a period of no longer than
878	such succeeding term of office, whichever is less.
879	b. An elected or a nonelected participant may run for a
880	term of office while participating in DROP and, if elected,
881	extend the DROP termination date accordingly, except, however,
882	if such additional term of office exceeds the 60-month
883	limitation established in subparagraph 1., and the officer does
884	not resign from office within such 60-month limitation, the
885	retirement and the participant's DROP shall be null and void as
886	provided in sub-subparagraph(c)5.d.
887	c. An elected officer who is dually employed and elects to
888	participate in DROP shall be required to satisfy the definition
889	of termination within the 60-month or, with respect to members
890	who are instructional personnel employed by the Florida School
891	for the Deaf and the Blind and who have received authorization
892	by the Board of Trustees of the Florida School for the Deaf and
893	the Blind to participate in the DROP beyond 60 months, or who
894	are instructional personnel as defined in s. 1012.01(2)(a)-(d)
895	in grades K-12 and who have received authorization by the
896	district superintendent to participate in the DROP beyond 60
897	months, the 96-monthlimitation period as provided in
898	subparagraph 1. for the nonelected position and may continue
899	employment as an elected officer as provided in s. 121.053. The
900	elected officer will be enrolled as a renewed member in the
901	Elected Officers' Class or the Regular Class, as provided in ss.
902	121.053 and 121.22, on the first day of the month after
903	termination of employment in the nonelected position and
904	termination of DROP. Distribution of the DROP benefits shall be
905	made as provided in paragraph(c).
906	(c) Benefits payable under the DROP.--
907	1. Effective with the date of DROP participation, the
908	member's initial normal monthly benefit, including creditable
909	service, optional form of payment, and average final
910	compensation, and the effective date of retirement shall be
911	fixed. The beneficiary established under the Florida Retirement
912	System shall be the beneficiary eligible to receive any DROP
913	benefits payable if the DROP participant dies prior to the
914	completion of the period of DROP participation. In the event a
915	joint annuitant predeceases the member, the member may name a
916	beneficiary to receive accumulated DROP benefits payable. Such
917	retirement benefit, the annual cost of living adjustments
918	provided in s. 121.101, and interest shall accrue monthly in the
919	System Trust Fund. Such interest shall accrue at an effective
920	annual rate of 6.5 percent compounded monthly, on the prior
921	month's accumulated ending balance, up to the month of
922	termination or death.
923	2. Each employee who elects to participate in the DROP
924	shall be allowed to elect to receive a lump-sum payment for
925	accrued annual leave earned in accordance with agency policy
926	upon beginning participation in the DROP. Such accumulated leave
927	payment certified to the division upon commencement of DROP
928	shall be included in the calculation of the member's average
929	final compensation. The employee electing such lump-sum payment
930	upon beginning participation in DROP will not be eligible to
931	receive a second lump-sum payment upon termination, except to
932	the extent the employee has earned additional annual leave which
933	combined with the original payment does not exceed the maximum
934	lump-sum payment allowed by the employing agency's policy or
935	rules. Such early lump-sum payment shall be based on the hourly
936	wage of the employee at the time he or she begins participation
937	in the DROP. If the member elects to wait and receive such lump-
938	sum payment upon termination of DROP and termination of
939	employment with the employer, any accumulated leave payment made
940	at that time cannot be included in the member's retirement
941	benefit, which was determined and fixed by law when the employee
942	elected to participate in the DROP.
943	3. The effective date of DROP participation and the
944	effective date of retirement of a DROP participant shall be the
945	first day of the month selected by the member to begin
946	participation in the DROP, provided such date is properly
947	established, with the written confirmation of the employer, and
948	the approval of the division, on forms required by the division.
949	4. Normal retirement benefits and interest thereon shall
950	continue to accrue in the DROP until the established termination
951	date of the DROP, or until the participant terminates employment
952	or dies prior to such date. Although individual DROP accounts
953	shall not be established, a separate accounting of each
954	participant's accrued benefits under the DROP shall be
955	calculated and provided to participants.
956	5. At the conclusion of the participant's DROP, the
957	division shall distribute the participant's total accumulated
958	DROP benefits, subject to the following provisions:
959	a. The division shall receive verification by the
960	participant's employer or employers that such participant has
961	terminated employment as provided in s. 121.021(39)(b).
962	b. The terminated DROP participant or, if deceased, such
963	participant's named beneficiary, shall elect on forms provided
964	by the division to receive payment of the DROP benefits in
965	accordance with one of the options listed below. For a
966	participant or beneficiary who fails to elect a method of
967	payment within 60 days of termination of the DROP, the division
968	will pay a lump sum as provided in sub-sub-subparagraph (I).
969	(I) Lump sum.--All accrued DROP benefits, plus interest,
970	less withholding taxes remitted to the Internal Revenue Service,
971	shall be paid to the DROP participant or surviving beneficiary.
972	(II) Direct rollover.--All accrued DROP benefits, plus
973	interest, shall be paid from the DROP directly to the custodian
974	of an eligible retirement plan as defined in s. 402(c)(8)(B) of
975	the Internal Revenue Code. However, in the case of an eligible
976	rollover distribution to the surviving spouse of a deceased
977	participant, an eligible retirement plan is an individual
978	retirement account or an individual retirement annuity as
979	described in s. 402(c)(9) of the Internal Revenue Code.
980	(III) Partial lump sum.--A portion of the accrued DROP
981	benefits shall be paid to the DROP participant or surviving
982	spouse, less withholding taxes remitted to the Internal Revenue
983	Service, and the remaining DROP benefits shall be transferred
984	directly to the custodian of an eligible retirement plan as
985	defined in s. 402(c)(8)(B) of the Internal Revenue Code.
986	However, in the case of an eligible rollover distribution to the
987	surviving spouse of a deceased participant, an eligible
988	retirement plan is an individual retirement account or an
989	individual retirement annuity as described in s. 402(c)(9) of
990	the Internal Revenue Code. The proportions shall be specified by
991	the DROP participant or surviving beneficiary.
992	c. The form of payment selected by the DROP participant or
993	surviving beneficiary complies with the minimum distribution
994	requirements of the Internal Revenue Code.
995	d. A DROP participant who fails to terminate employment as
996	defined in s. 121.021(39)(b) shall be deemed not to be retired,
997	and the DROP election shall be null and void. Florida
998	Retirement System membership shall be reestablished
999	retroactively to the date of the commencement of the DROP, and
1000	each employer with whom the participant continues employment
1001	shall be required to pay to the System Trust Fund the difference
1002	between the DROP contributions paid in paragraph (i) and the
1003	contributions required for the applicable Florida Retirement
1004	System class of membership during the period the member
1005	participated in the DROP, plus 6.5 percent interest compounded
1006	annually.
1007	6. The accrued benefits of any DROP participant, and any
1008	contributions accumulated under such program, shall not be
1009	subject to assignment, execution, attachment, or to any legal
1010	process whatsoever, except for qualified domestic relations
1011	orders by a court of competent jurisdiction, income deduction
1012	orders as provided in s. 61.1301, and federal income tax levies.
1013	7. DROP participants shall not be eligible for disability
1014	retirement benefits as provided in subsection (4).
1015	(d) Death benefits under the DROP.--
1016	1. Upon the death of a DROP participant, the named
1017	beneficiary shall be entitled to apply for and receive the
1018	accrued benefits in the DROP as provided in sub-subparagraph
1019	(c)5.b.
1020	2. The normal retirement benefit accrued to the DROP
1021	during the month of a participant's death shall be the final
1022	monthly benefit credited for such DROP participant.
1023	3. Eligibility to participate in the DROP terminates upon
1024	death of the participant. If the participant dies on or after
1025	the effective date of enrollment in the DROP, but prior to the
1026	first monthly benefit being credited to the DROP, Florida
1027	Retirement System benefits shall be paid in accordance with
1028	subparagraph (7)(c)1. or subparagraph 2.
1029	4. A DROP participants' survivors shall not be eligible to
1030	receive Florida Retirement System death benefits as provided in
1031	paragraph (7)(d).
1032	(e) Cost-of-living adjustment.--On each July 1, the
1033	participants' normal retirement benefit shall be increased as
1034	provided in s. 121.101.
1035	(f) Retiree health insurance subsidy.--DROP participants
1036	are not eligible to apply for the retiree health insurance
1037	subsidy payments as provided in s. 112.363 until such
1038	participants have terminated employment and participation in the
1039	DROP.
1040	(g) Renewed membership.--DROP participants shall not be
1041	eligible for renewed membership in the Florida Retirement System
1042	under ss. 121.053 and 121.122 until termination of employment is
1043	effectuated as provided in s. 121.021(39)(b).
1044	(h) Employment limitation after DROP participation.--Upon
1045	satisfying the definition of termination of employment as
1046	provided in s. 121.021(39)(b), DROP participants shall be
1047	subject to such reemployment limitations as other retirees.
1048	Reemployment restrictions applicable to retirees as provided in
1049	subsection (9) shall not apply to DROP participants until their
1050	employment and participation in the DROP are terminated.
1051	(i) Contributions.--
1052	1. All employers paying the salary of a DROP participant
1053	filling a regularly established position shall contribute 8.0
1054	percent of such participant's gross compensation for the period
1055	of July 1, 2002, through June 30, 2003, and 11.56 percent of
1056	such compensation thereafter, which shall constitute the entire
1057	employer DROP contribution with respect to such participant.
1058	Such contributions, payable to the System Trust Fund in the same
1059	manner as required in s. 121.071, shall be made as appropriate
1060	for each pay period and are in addition to contributions
1061	required for social security and the Retiree Health Insurance
1062	Subsidy Trust Fund. Such employer, social security, and health
1063	insurance subsidy contributions are not included in the DROP.
1064	2. The employer shall, in addition to subparagraph 1.,
1065	also withhold one-half of the entire social security
1066	contribution required for the participant. Contributions for
1067	social security by each participant and each employer, in the
1068	amount required for social security coverage as now or hereafter
1069	provided by the federal Social Security Act, shall be in
1070	addition to contributions specified in subparagraph 1.
1071	3. All employers paying the salary of a DROP participant
1072	filling a regularly established position shall contribute the
1073	percent of such participant's gross compensation required in s.
1074	121.071(4), which shall constitute the employer's health
1075	insurance subsidy contribution with respect to such participant.
1076	Such contributions shall be deposited by the administrator in
1077	the Retiree Health Insurance Subsidy Trust Fund.
1078	(j) Forfeiture of retirement benefits.--Nothing in this
1079	section shall be construed to remove DROP participants from the
1080	scope of s. 8(d), Art. II of the State Constitution, s.
1081	112.3173, and paragraph (5)(f). DROP participants who commit a
1082	specified felony offense while employed will be subject to
1083	forfeiture of all retirement benefits, including DROP benefits,
1084	pursuant to those provisions of law.
1085	(k) Administration of program.--The division shall make
1086	such rules as are necessary for the effective and efficient
1087	administration of this subsection. The division shall not be
1088	required to advise members of the federal tax consequences of an
1089	election related to the DROP but may advise members to seek
1090	independent advice.
1091	Section 9. Paragraph (b) of subsection (3) and paragraphs
1092	(a) and (d) of present subsection (6) of section 220.187,
1093	Florida Statutes, are amended, present subsections (5), (6), and
1094	(7) of that section are redesignated as subsections(6), (7), and
1095	(8), respectively, and a new subsection (5) is added to that
1096	section, to read:
1097	220.187 Credits for contributions to nonprofit
1098	scholarship-funding organizations.--
1099	(3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
1100	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
1101	(b) The total amount of tax credits and carryforward of
1102	tax creditscreditwhich may be granted each state fiscal year
1103	under this section is $88$50million.
1104	(5) PARENT OBLIGATIONS.--As a condition for scholarship
1105	payment pursuant to paragraph (4)(g), if the parent chooses for
1106	his or her child to attend an eligible nonpublic school, the
1107	parent must inform the child's school district within 15 days
1108	after such decision.
1109	(7)(6)ADMINISTRATION; RULES.--
1110	(a) If the credit granted pursuant to this section is not
1111	fully used in any one year because of insufficient tax liability
1112	on the part of the corporation, the unused amount may notbe
1113	carried forward for a period not to exceed 3 years; however, any
1114	taxpayer that seeks to carry forward an unused amount of tax
1115	credit must submit an application for allocation of tax credits
1116	or carryforward credits as required in paragraph (d) in the year
1117	that the taxpayer intends to use the carryforward. The total
1118	amount of tax credits and carryforward of tax credits granted
1119	each state fiscal year under this section is $88 million. This
1120	carryforward applies to all approved contributions made after
1121	January 1, 2002. A taxpayer may not convey, assign, or transfer
1122	the credit authorized by this section to another entity unless
1123	all of the assets of the taxpayer are conveyed, assigned, or
1124	transferred in the same transaction.
1125	(d) The department shall adopt rules necessary to
1126	administer this section, including rules establishing
1127	application forms and procedures and governing the allocation of
1128	tax credits and carryforward creditsunder this section on a
1129	first-come, first-served basis.
1130	Section 10. Paragraph (i) is added to subsection (1) of
1131	section 1003.02, Florida Statutes, and subsection (4) of that
1132	section is amended, to read:
1133	1003.02 District school board operation and control of
1134	public K-12 education within the school district.--As provided
1135	in part II of chapter 1001, district school boards are
1136	constitutionally and statutorily charged with the operation and
1137	control of public K-12 education within their school district.
1138	The district school boards must establish, organize, and operate
1139	their public K-12 schools and educational programs, employees,
1140	and facilities. Their responsibilities include staff
1141	development, public K-12 school student education including
1142	education for exceptional students and students in juvenile
1143	justice programs, special programs, adult education programs,
1144	and career and technical education programs. Additionally,
1145	district school boards must:
1146	(1) Provide for the proper accounting for all students of
1147	school age, for the attendance and control of students at
1148	school, and for proper attention to health, safety, and other
1149	matters relating to the welfare of students in the following
1150	fields:
1151	(i) Parental notification of acceleration mechanisms.--At
1152	the beginning of each school year, notify parents of students in
1153	or entering high school of the opportunity and benefits of
1154	advanced placement, International Baccalaureate, Advanced
1155	International Certificate of Education, dual enrollment, and
1156	Florida Virtual School courses.
1157	(4) For any school within the district that is not in
1158	compliance with the small school size requirements of chapter
1159	1013,In order to reduce the anonymity of students in large
1160	schools, adopt policies that encourage subdivision of the school
1161	into schools-within-a-school, which shall operate within
1162	existing resources. A "school-within-a-school" means an
1163	operational program that uses flexible scheduling, team
1164	planning, and curricular and instructional innovation to
1165	organize groups of students with groups of teachers as smaller
1166	units, so as to functionally operate as a smaller school.
1167	Examples of this include, but are not limited to:
1168	(a) An organizational arrangement assigning both students
1169	and teachers to smaller units in which the students take some or
1170	all of their coursework with their fellow grouped students and
1171	from the teachers assigned to the smaller unit. A unit may be
1172	grouped together for 1 year or on a vertical, multiyear basis.
1173	(b) An organizational arrangement similar to that
1174	described in paragraph(a) with additional variations in
1175	instruction and curriculum. The smaller unit usually seeks to
1176	maintain a program different from that of the larger school, or
1177	of other smaller units. It may be vertically organized, but is
1178	dependent upon the school principal for its existence, budget,
1179	and staff.
1180	(c) A separate and autonomous smaller unit formally
1181	authorized by the district school board or district school
1182	superintendent. The smaller unit plans and runs its own program,
1183	has its own staff and students, and receives its own separate
1184	budget. The smaller unit must negotiate the use of common space
1185	with the larger school and defer to the building principal on
1186	matters of safety and building operation.
1187	Section 11. Paragraphs (i) and (j) of subsection (1) of
1188	section 1003.43, Florida Statutes, are amended to read:
1189	1003.43 General requirements for high school graduation.--
1190	(1) Graduation requires successful completion of either a
1191	minimum of 24 academic credits in grades 9 through 12 or an
1192	International Baccalaureate curriculum. The 24 credits shall be
1193	distributed as follows:
1194	(i) One-half credit in life management skills to include
1195	consumer education, positive emotional development, marriage and
1196	relationship skill-based education, nutrition, parenting skills,
1197	prevention of human immunodeficiency virus infection and
1198	acquired immune deficiency syndrome and other sexually
1199	transmissible diseases, benefits of sexual abstinence and
1200	consequences of teenage pregnancy, information and instruction
1201	on breast cancer detection and breast self-examination,
1202	cardiopulmonary resuscitation, drug education, and the hazards
1203	of smoking. Such credit shall be given for a course to be taken
1204	by all students in either the 9th or 10th grade.
1205	(j) One credit in physical education to include
1206	assessment, improvement, and maintenance of personal fitness.
1207	Participation in an interscholastic sport at the junior varsity
1208	or varsity level, for two full seasons, shall satisfy the one-
1209	credit requirement in physical education if the student passes a
1210	competency test on personal fitness with a score of "C" or
1211	better. The competency test on personal fitness must be
1212	developed by the Department of Education. A district school
1213	board may not require that the one credit in physical education
1214	be taken during the 9th grade year. Completion of one semester
1215	with a grade of "C" or better in a marching band class,orin a
1216	physical activity class that requires participation in marching
1217	band activities as an extracurricular activity, or in a Reserve
1218	Officer Training Corps (R.O.T.C.) class a significant component
1219	of which is drillsshall satisfy a one-half credit requirement
1220	in physical education. This one-half credit may not be used to
1221	satisfy the personal fitness requirement or the requirement for
1222	adaptive physical education under an individual educational plan
1223	(IEP) or 504 plan.
1224
1225	District school boards may award a maximum of one-half credit in
1226	social studies and one-half elective credit for student
1227	completion of nonpaid voluntary community or school service
1228	work. Students choosing this option must complete a minimum of
1229	75 hours of service in order to earn the one-half credit in
1230	either category of instruction. Credit may not be earned for
1231	service provided as a result of court action. District school
1232	boards that approve the award of credit for student volunteer
1233	service shall develop guidelines regarding the award of the
1234	credit, and school principals are responsible for approving
1235	specific volunteer activities. A course designated in the Course
1236	Code Directory as grade 9 through grade 12 that is taken below
1237	the 9th grade may be used to satisfy high school graduation
1238	requirements or Florida Academic Scholars award requirements as
1239	specified in a district school board's student progression plan.
1240	A student shall be granted credit toward meeting the
1241	requirements of this subsection for equivalent courses, as
1242	identified pursuant to s. 1007.271(6), taken through dual
1243	enrollment.
1244	Section 12. Section 1003.429, Florida Statutes, is created
1245	to read:
1246	1003.429 Accelerated high school graduation options.--
1247	(1) Beginning with the 2003-2004 school year, all students
1248	scheduled to graduate in 2004 and thereafter may select one of
1249	the following three high school graduation options:
1250	(a) Completion of the general requirements for high school
1251	graduation pursuant to s. 1003.43;
1252	(b) Completion of a 3-year standard college preparatory
1253	program requiring successful completion of a minimum of 18
1254	academic credits in grades 9 through 12. The 18 credits shall
1255	be primary requirements and shall be distributed as follows:
1256	1. Four credits in English, with major concentration in
1257	composition and literature;
1258	2. Three credits in mathematics at the Algebra I level or
1259	higher from the list of courses that qualify for state
1260	university admission;
1261	3. Three credits in natural science, two of which must
1262	have a laboratory component;
1263	4. Three credits in social sciences;
1264	5. Two credits in the same second language unless the
1265	student is a native speaker of or can otherwise demonstrate
1266	competency in a language other than English. If the student
1267	demonstrates competency in another language, the student may
1268	replace the language requirement with two credits in other
1269	academic courses; and
1270	6. Three credits in electives; or
1271	(c) Completion of a 3-year career preparatory program
1272	requiring successful completion of a minimum of 18 academic
1273	credits in grades 9 through 12. The 18 credits shall be primary
1274	requirements and shall be distributed as follows:
1275	1. Four credits in English, with major concentration in
1276	composition and literature;
1277	2. Three credits in mathematics, one of which must be
1278	Algebra I;
1279	3. Three credits in natural science, two of which must
1280	have a laboratory component;
1281	4. Three credits in social sciences;
1282	5. Two credits in the same second language unless the
1283	student is a native speaker of or can otherwise demonstrate
1284	competency in a language other than English. If the student
1285	demonstrates competency in another language, the student may
1286	replace the language requirement with two credits in other
1287	academic courses; and
1288	6. Three credits in electives.
1289	(2) Beginning with the 2003-2004 school year, each
1290	district school board shall provide each student in grades 6
1291	through 12 and their parents with the 3-year and 4-year high
1292	school graduation options listed in subsection (1) with
1293	curriculum for the students and parents to select the
1294	postsecondary education or career plan that best fits their
1295	needs. The options shall include a timeframe for achieving each
1296	graduation option.
1297	(3) Selection of one of the graduation options listed in
1298	subsection (1) is exclusively up to the student and parent. If
1299	the student and parent fail to select a graduation option, the
1300	student shall be considered to have selected the general
1301	requirements for high school graduation pursuant to paragraph
1302	(1)(a).
1303	(4) District school boards shall not establish
1304	requirements for accelerated 3-year high school graduation
1305	options in excess of the requirements in paragraphs (1)(b) and
1306	(1)(c).
1307	(5) Students pursuing accelerated 3-year high school
1308	graduation options pursuant to paragraph (1)(b) or paragraph
1309	(1)(c) are required to:
1310	(a) Earn passing scores on the FCAT as defined in s.
1311	1008.22(3)(c).
1312	(b) Achieve a cumulative grade point average of 2.0 on a
1313	4.0 scale, or its equivalent, in the courses required by the
1314	chosen accelerated 3-year high school graduation option pursuant
1315	to paragraph (1)(b) or paragraph(1)(c).
1316	(6) A student who meets all requirements prescribed in
1317	subsections (1) and (5) shall be awarded a standard diploma in a
1318	form prescribed by the State Board of Education.
1319	Section 13. Paragraphs (a) and (b) of subsection (1) and
1320	subsection (2) of section 1007.261, Florida Statutes, are
1321	amended to read:
1322	1007.261 State universities; admissions of students.--Each
1323	university board of trustees is authorized to adopt rules
1324	governing the admission of students, subject to this section and
1325	rules of the State Board of Education.
1326	(1) Minimum academic standards for undergraduate admission
1327	to a university include:
1328	(a) Each student must have received a high school diploma
1329	pursuant to s. 1003.429 ors. 1003.43, or its equivalent, except
1330	as provided in s. 1007.271(2)-(5) or completed a home education
1331	program according to s. 1002.41.
1332	(b) Each student must have successfully completed a
1333	college-preparatory curriculum of 1819 credits, which shall
1334	include, but not be limited to, four credits in English, with
1335	major concentration in composition and literature; three credits
1336	in mathematics; three credits in natural science, two of which
1337	must have a laboratory component; three credits in social
1338	sciences; and two credits in the same second languageas defined
1339	in rules of the State Board of Education, including at least 2
1340	credits of sequential foreign language at the secondary level or
1341	the equivalent of such instruction at the postsecondary level. A
1342	student who completes a home education program according to s.
1343	1002.41 is not required to document completion of the 1819
1344	credits required by this paragraph. A student whose native
1345	language is not English is exempt from the foreign language
1346	requirement, provided that the student demonstrates proficiency
1347	in the native language. If a standardized test is not available
1348	in the student's native language for the demonstration of
1349	proficiency, the university may provide an alternative method of
1350	assessment. The State Board of Education shall adopt rules for
1351	the articulation of foreign language competency and equivalency
1352	between secondary and postsecondary institutions. A student who
1353	received an associate in arts degree prior to September 1, 1989,
1354	or who enrolled in a program of studies leading to an associate
1355	degree from a community college prior to August 1, 1989, and
1356	maintains continuous enrollment shall be exempt from this
1357	admissions requirement.
1358	(2) The minimum admission standards adopted by the State
1359	Board of Education or a university board of trustees must permit
1360	a student to earn at least 34 of the 1819credits constituting
1361	the college-preparatory curriculum required for admission as
1362	electives in any one of the following manners:
1363	(a) Successful completion of any course identified in the
1364	Department of Education course code directory as level two or
1365	higher in one or more of the following subject areas: English,
1366	mathematics, natural science, social science, and foreign
1367	language;
1368	(b) Successful completion of any course identified in the
1369	Department of Education course code directory as level three in
1370	the same or related disciplines;
1371	(c) Any combination of the courses identified in
1372	paragraphs (a) and (b); or
1373	(d) Successful completion of two credits from the courses
1374	identified in paragraph (a), plus no more than two total credits
1375	from the following categories of courses:
1376	1. Courses identified in the Department of Education
1377	course code directory as ROTC and military training;
1378	2. Courses identified in the Department of Education
1379	course code directory as level two in art-visual arts, dance,
1380	drama-theatre arts, language arts, or music; or
1381	3. Any additional courses determined to be equivalent by
1382	the Department of Education.
1383	Section 14. Paragraph (a) of subsection (1) of section
1384	1003.436, Florida Statutes, is amended to read:
1385	1003.436 Definition of "credit".--
1386	(1)(a) For the purposes of requirements for high school
1387	graduation, one full credit means a minimum of 135 hours of bona
1388	fide instruction in a designated course of study that contains
1389	student performance standards. One full credit means a minimum
1390	of 120 hours of bona fide instruction in a designated course of
1391	study that contains student performance standards for purposes
1392	of meeting high school graduation requirements in a district
1393	school that has been authorized to implement block scheduling by
1394	the district school board.The State Board of Education shall
1395	determine the number of postsecondary credit hours earned
1396	through dual enrollment pursuant to s. 1007.271 that satisfy the
1397	requirements of a district's interinstitutional articulation
1398	agreement according to s. 1007.235 and that equal one full
1399	credit of the equivalent high school course identified pursuant
1400	to s. 1007.271(6).
1401	Section 15. Paragraph (b) of subsection (5) of section
1402	1011.62, Florida Statutes, is amended to read:
1403	1011.62 Funds for operation of schools.--If the annual
1404	allocation from the Florida Education Finance Program to each
1405	district for operation of schools is not determined in the
1406	annual appropriations act or the substantive bill implementing
1407	the annual appropriations act, it shall be determined as
1408	follows:
1409	(5) CATEGORICAL FUNDS.--
1410	(b) For fiscal year 2002-2003,If a district school board
1411	finds and declares in a resolution adopted at a regular meeting
1412	of the school board that the funds received for any of the
1413	following categorical appropriations are urgently needed to
1414	maintain school board specified academic classroom instruction,
1415	the school board may consider and approve an amendment to the
1416	school district operating budget transferring the identified
1417	amount of the categorical funds to the appropriate account for
1418	expenditure:
1419	1. Funds for student transportation.
1420	2. Funds for in-service educational personnel training.
1421	3. Funds for safe schools.
1422	4. Funds for public school technology.
1423	5. Funds for teacher recruitment and retention.
1424	5.6.Funds for supplemental academic instruction.
1425	Section 16. Section 1011.69, Florida Statutes, is amended
1426	to read:
1427	1011.69 Equity in School-Level Funding Act.--
1428	(1) This section may be cited as the "Equity in School-
1429	Level Funding Act."
1430	(2)(a) Beginning in the 2000-2001 fiscal year, district
1431	school boards shall allocate to each school within the district
1432	at least 50 percent of the funds generated by that school based
1433	upon the Florida Education Finance Program as provided in s.
1434	1011.62 and the General Appropriations Act, including gross
1435	state and local funds, discretionary lottery funds, and funds
1436	from the school district's current operating discretionary
1437	millage levy.
1438	(b) Beginning in the 2001-2002 fiscal year, district
1439	school boards shall allocate to each school within the district
1440	at least 65 percent of the funds generated by that school based
1441	upon the Florida Education Finance Program as provided in s.
1442	1011.62 and the General Appropriations Act, including gross
1443	state and local funds, discretionary lottery funds, and funds
1444	from the school district's current operating discretionary
1445	millage levy.
1446	(c) Beginning in the 2002-2003 fiscal year, district
1447	school boards shall allocate to each school within the district
1448	at least 80 percent of the funds generated by that school based
1449	upon the Florida Education Finance Program as provided in s.
1450	1011.62 and the General Appropriations Act, including gross
1451	state and local funds, discretionary lottery funds, and funds
1452	from the school district's current operating discretionary
1453	millage levy.
1454	(d)Beginning in the 2003-2004 fiscal year, district
1455	school boards shall allocate to schoolseach schoolwithin the
1456	district an average ofat least90 percent of the funds
1457	generated by all schools and guarantee that each school receives
1458	at least 80 percent of the funds generated bythat school based
1459	upon the Florida Education Finance Program as provided in s.
1460	1011.62 and the General Appropriations Act, including gross
1461	state and local funds, discretionary lottery funds, and funds
1462	from the school district's current operating discretionary
1463	millage levy. Total funding for each school shall be
1464	recalculated during the year to reflect the revised calculations
1465	under the Florida Education Finance Program by the state and the
1466	actual weighted full-time equivalent students reported by the
1467	school during the full-time equivalent student survey periods
1468	designated by the Commissioner of Education. If the district
1469	school board is providing programs or services to students
1470	funded by federal funds, any eligible students enrolled in the
1471	schools in the district shall be provided federal funds. Only
1472	academic performance-based charter schoolthose districts that
1473	initially applied for charter school district status, pursuant
1474	to s. 1003.62, and have been approved by the State Board of
1475	Educationare exempt from the provisions of this section.
1476	(3) Funds allocated to a school pursuant to this section
1477	that are unused at the end of the fiscal year shall not revert
1478	to the district, but shall remain with the school. These
1479	carryforward funds may be used for any purpose provided by law
1480	at the discretion of the principal of the school.
1481	(4) The following funds are excluded from the school-level
1482	allocation under this section:
1483	(4) Recommendations made by the Governor's Equity in
1484	Educational Opportunity Task Force shall be reviewed to identify
1485	potential categorical funds to be included in the district
1486	allocation methodology required in subsection (2).
1487	(a)(5)Funds appropriated in the General Appropriations
1488	Act for supplemental academic instruction to be used for the
1489	purposes described in s. 1011.62(1)(f); and
1490	(b) Funds appropriated in the General Appropriations Act
1491	for the class size reduction operating categorical fund
1492	established in s. 1011.685are excluded from the school-level
1493	allocation under this section.
1494	Section 17. Subsection (13) is added to section 1013.03,
1495	Florida Statutes, to read:
1496	1013.03 Functions of the department.--The functions of the
1497	Department of Education as it pertains to educational facilities
1498	shall include, but not be limited to, the following:
1499	(13) By October 1, 2003, review all rules related to
1500	school construction to identify requirements that are outdated,
1501	obsolete, unnecessary, or otherwise could be amended in order to
1502	provide additional flexibility to school districts to comply
1503	with the constitutional class size maximums described in s.
1504	1003.03(1) and make recommendations concerning such rules to the
1505	State Board of Education. The State Board of Education shall act
1506	on such recommendations by December 31, 2003.
1507	Section 18. Paragraph (d) is added to subsection (1) of
1508	section 1013.31, Florida Statutes, to read:
1509	1013.31 Educational plant survey; localized need
1510	assessment; PECO project funding.--
1511	(1) At least every 5 years, each board shall arrange for
1512	an educational plant survey, to aid in formulating plans for
1513	housing the educational program and student population, faculty,
1514	administrators, staff, and auxiliary and ancillary services of
1515	the district or campus, including consideration of the local
1516	comprehensive plan. The Office of Workforce and Economic
1517	Development shall document the need for additional career and
1518	adult education programs and the continuation of existing
1519	programs before facility construction or renovation related to
1520	career or adult education may be included in the educational
1521	plant survey of a school district or community college that
1522	delivers career or adult education programs. Information used by
1523	the Office of Workforce and Economic Development to establish
1524	facility needs must include, but need not be limited to, labor
1525	market data, needs analysis, and information submitted by the
1526	school district or community college.
1527	(d) Periodic update of Florida Inventory of School
1528	Houses.--School districts shall periodically update their
1529	inventory of educational facilities as new capacity becomes
1530	available and as unsatisfactory space is eliminated. The State
1531	Board of Education shall adopt rules to determine the time frame
1532	in which districts must provide a periodic update.
1533	Section 19. Subsections (2) and (3) of section 1002.37,
1534	Florida Statutes, are amended, present subsections (4), (5), and
1535	(6) are redesignated as subsections (5),(6), and (7),
1536	respectively, and new subsections (3) and (4) are added to that
1537	section to read:
1538	1002.37 The Florida Virtual School.--
1539	(2) The Florida Virtual School shall be governed by a
1540	board of trustees comprised of seven members appointed by the
1541	Governor to 4-year staggered terms. The board of trustees shall
1542	be a public agency entitled to sovereign immunity pursuant to s.
1543	768.28, and board members shall be public officers who shall
1544	bear fiduciary responsibility for the Florida Virtual School.
1545	The board of trustees shall have the following powers and
1546	duties:
1547	(a)1. The board of trustees shall meet at least 4 times
1548	each year, upon the call of the chair, or at the request of a
1549	majority of the membership.
1550	2. The fiscal year for the Florida Virtual School shall be
1551	the state fiscal year as provided in s. 216.011(1)(o).
1552	(b) The board of trustees shall be responsible for the
1553	Florida Virtual School's development of a state-of-the-art
1554	technology-based education delivery system that is cost-
1555	effective, educationally sound, marketable, and capable of
1556	sustaining a self-sufficient delivery system through the Florida
1557	Education Finance Program, by fiscal year 2003-2004. The school
1558	shall collect and report data for all students served and credit
1559	awarded. This data shall be segregated by private, public, and
1560	home education students by program. Information shall also be
1561	collected that reflects any other school in which a virtual
1562	school student is enrolled.
1563	(c) The board of trustees shall aggressively seek avenues
1564	to generate revenue to support its future endeavors, and shall
1565	enter into agreements with distance learning providers. The
1566	board of trustees may acquire, enjoy, use, and dispose of
1567	patents, copyrights, and trademarks and any licenses and other
1568	rights or interests thereunder or therein. Ownership of all such
1569	patents, copyrights, trademarks, licenses, and rights or
1570	interests thereunder or therein shall vest in the state, with
1571	the board of trustees having full right of use and full right to
1572	retain the revenues derived therefrom. Any funds realized from
1573	patents, copyrights, trademarks, or licenses shall be considered
1574	internal funds as provided in s. 1011.07. Such funds shall be
1575	used to support the school's marketing and research and
1576	development activities in order to improve courseware and
1577	services to its students.
1578	(d) The board of trustees shall be responsible for the
1579	administration and control of all local school funds derived
1580	from all activities or sources and shall prescribe the
1581	principles and procedures to be followed in administering these
1582	funds.annually prepare and submit to the State Board of
1583	Education a legislative budget request, including funding
1584	requests for computers for public school students who do not
1585	have access to public school computers, in accordance with
1586	chapter 216 and s. 1013.60. The legislative budget request of
1587	the Florida Virtual School shall be prepared using the same
1588	format, procedures, and timelines required for the submission of
1589	the legislative budget of the Department of Education. Nothing
1590	in this section shall be construed to guarantee a computer to
1591	any individual student.
1592	(e) The Florida Virtual School may accrue supplemental
1593	revenue from supplemental support organizations, which include,
1594	but are not limited to, alumni associations, foundations,
1595	parent-teacher associations, and booster associations. The
1596	governing body of each supplemental support organization shall
1597	recommend the expenditure of moneys collected by the
1598	organization for the benefit of the school. Such expenditures
1599	shall be contingent upon the review of the executive director.
1600	The executive director may override any proposed expenditure of
1601	the organization that would violate Florida law or breach sound
1602	educational management.
1603	(f)(e)In accordance with law and rules of the State Board
1604	of Education, the board of trustees shall administer and
1605	maintain personnel programs for all employees of the board of
1606	trustees and the Florida Virtual School. The board of trustees
1607	may adopt rules, policies, and procedures related to the
1608	appointment, employment, and removal of personnel.
1609	1. The board of trustees shall determine the compensation,
1610	including salaries and fringe benefits, and other conditions of
1611	employment for such personnel.
1612	2. The board of trustees may establish and maintain a
1613	personnel loan or exchange program by which persons employed by
1614	the board of trustees for the Florida Virtual School as academic
1615	administrative and instructional staff may be loaned to, or
1616	exchanged with persons employed in like capacities by, public
1617	agencies either within or without this state, or by private
1618	industry. With respect to public agency employees, the program
1619	authorized by this subparagraph shall be consistent with the
1620	requirements of part II of chapter 112. The salary and benefits
1621	of board of trustees personnel participating in the loan or
1622	exchange program shall be continued during the period of time
1623	they participate in a loan or exchange program, and such
1624	personnel shall be deemed to have no break in creditable or
1625	continuous service or employment during such time. The salary
1626	and benefits of persons participating in the personnel loan or
1627	exchange program who are employed by public agencies or private
1628	industry shall be paid by the originating employers of those
1629	participants, and such personnel shall be deemed to have no
1630	break in creditable or continuous service or employment during
1631	such time.
1632	3. The employment of all Florida Virtual School academic
1633	administrative and instructional personnel shall be subject to
1634	rejection for cause by the board of trustees, and shall be
1635	subject to policies of the board of trustees relative to
1636	certification, tenure, leaves of absence, sabbaticals,
1637	remuneration, and such other conditions of employment as the
1638	board of trustees deems necessary and proper, not inconsistent
1639	with law.
1640	4. Each person employed by the board of trustees in an
1641	academic administrative or instructional capacity with the
1642	Florida Virtual School shall be entitled to a contract as
1643	provided by rules of the board of trustees.
1644	5. All employees except temporary, seasonal, and student
1645	employees may be state employees for the purpose of being
1646	eligible to participate in the Florida Retirement System and
1647	receive benefits. The classification and pay plan, including
1648	terminal leave and other benefits, and any amendments thereto,
1649	shall be subject to review and approval by the Department of
1650	Management Services and the Executive Office of the Governor
1651	prior to adoption. In the event that the board of trustees
1652	assumes responsibility for governance pursuant to this section
1653	before approval is obtained, employees shall be compensated
1654	pursuant to the system in effect for the employees of the fiscal
1655	agent.
1656	(g)(f)The board of trustees shall establish priorities
1657	for admission of students in accordance with paragraph (1)(b).
1658	(h)(g)The board of trustees shall establish and
1659	distribute to all school districts and high schools in the state
1660	procedures for enrollment of students in courses offered by the
1661	Florida Virtual School. Such procedures shall be designed to
1662	minimize paperwork and fairly resolve the issue of double
1663	funding students taking courses on-line.
1664	(i) The board of trustees shall establish criteria
1665	defining the elements of an approved franchise. The board of
1666	trustees may enter into franchise agreements with Florida
1667	district school boards and may establish the terms and
1668	conditions governing such agreements. The board of trustees
1669	shall establish the performance and accountability measures and
1670	report the performance of each school district franchise to the
1671	Commissioner of Education.
1672	(j)(h) The board of trustees shall annuallysubmit to the
1673	State Board of Education both forecasted and actual enrollments
1674	and credit completionsfor the Florida Virtual School, according
1675	to procedures established by the State Board of Education. At a
1676	minimum, such procedures must include the number of public,
1677	private, and home education students served by program and by
1678	county of residencedistrict.
1679	(k)(i)The board of trustees shall provide for the content
1680	and custody of student and employee personnel records. Student
1681	records shall be subject to the provisions of s. 1002.22.
1682	Employee records shall be subject to the provisions of s.
1683	1012.31.
1684	(l)(j)The financial records and accounts of the Florida
1685	Virtual School shall be maintained under the direction of the
1686	board of trustees and under rules adopted by the State Board of
1687	Education for the uniform system of financial records and
1688	accounts for the schools of the state.
1689
1690	The Governor shall designate the initial chair of the board of
1691	trustees to serve a term of 4 years. Members of the board of
1692	trustees shall serve without compensation, but may be reimbursed
1693	for per diem and travel expenses pursuant to s. 112.061. The
1694	board of trustees shall be a body corporate with all the powers
1695	of a body corporate and such authority as is needed for the
1696	proper operation and improvement of the Florida Virtual School.
1697	The board of trustees is specifically authorized to adopt rules,
1698	policies, and procedures, consistent with law and rules of the
1699	State Board of Education related to governance, personnel,
1700	budget and finance, administration, programs, curriculum and
1701	instruction, travel and purchasing, technology, students,
1702	contracts and grants, and property as necessary for optimal,
1703	efficient operation of the Florida Virtual School. Tangible
1704	personal property owned by the board of trustees shall be
1705	subject to the provisions of chapter 273.
1706	(3) Funding for the Florida Virtual School shall be
1707	provided as follows:
1708	(a) A "full-time equivalent student" for the Florida
1709	Virtual School is one student who has successfully completed six
1710	credits that shall count toward the minimum number of credits
1711	required for high school graduation. A student who completes
1712	less than six credits shall be a fraction of a full-time
1713	equivalent student. Half credit completions shall be included in
1714	determining a full-time equivalent student. Credit completed by
1715	a student in excess of the minimum required for that student for
1716	high school graduation is not eligible for funding.
1717	(b) Full-time equivalent student credit completed through
1718	the Florida Virtual School, including credits completed during
1719	the summer, shall be reported to the Department of Education in
1720	the manner prescribed by the department and shall be funded
1721	through the Florida Education Finance Program.
1722	(c) School districts may not limit student access to
1723	courses offered through the Florida Virtual School.
1724	(d) Full-time equivalent student credit completion for
1725	courses offered through the Florida Virtual School shall be
1726	reported only by the Florida Virtual School. School districts
1727	shall report full-time equivalent student membership only for
1728	courses for which the district provides the instruction.
1729	(e) The district cost differential as provided in s.
1730	1011.62(2) shall be established as 1.000.
1731	(f) The Florida Virtual School shall receive funds for
1732	operating purposes in an amount determined as follows: multiply
1733	the maximum allowable nonvoted discretionary millage for
1734	operations pursuant to s. 1011.71(1) by the value of 95 percent
1735	of the current year's taxable value for school purposes for the
1736	state; divide the result by the total full-time equivalent
1737	membership of the state; and multiply the result by the full-
1738	time equivalent membership of the school. The amount thus
1739	obtained shall be discretionary operating funds and shall be
1740	appropriated from state funds in the General Appropriations Act.
1741	(g) The Florida Virtual School shall receive additional
1742	state funds as may be provided in the General Appropriations
1743	Act.
1744	(h) In addition to the funds provided in the General
1745	Appropriations Act, the Florida Virtual School may receive other
1746	funds from grants and donations.
1747	(3)(a) Until fiscal year 2003-2004, the Commissioner of
1748	Education shall include the Florida Virtual School as a grant-
1749	in-aid appropriation in the department's legislative budget
1750	request to the State Board of Education, the Governor, and the
1751	Legislature, subject to any guidelines imposed in the General
1752	Appropriations Act.
1753	(b) The Orange County District School Board shall be the
1754	temporary fiscal agent of the Florida Virtual School.
1755	(4) School districts operating a virtual school that is an
1756	approved franchise of the Florida Virtual School may count full-
1757	time equivalent students, as provided in paragraph (3)(a), if
1758	such school has been certified as an approved franchise by the
1759	Commissioner of Education based on criteria established by the
1760	board of trustees pursuant to paragraph (2)(i).
1761	Section 20. Paragraph (c) of subsection (1) of section
1762	1011.61, Florida Statutes, is amended to read:
1763	1011.61 Definitions.--Notwithstanding the provisions of s.
1764	1000.21, the following terms are defined as follows for the
1765	purposes of the Florida Education Finance Program:
1766	(1) A "full-time equivalent student" in each program of
1767	the district is defined in terms of full-time students and part-
1768	time students as follows:
1769	(c)1. A "full-time equivalent student" is:
1770	a. A full-time student in any one of the programs listed
1771	in s. 1011.62(1)(c); or
1772	b. A combination of full-time or part-time students in any
1773	one of the programs listed in s. 1011.62(1)(c) which is the
1774	equivalent of one full-time student based on the following
1775	calculations:
1776	(I) A full-time student, except a postsecondary or adult
1777	student or a senior high school student enrolled in adult
1778	education when such courses are required for high school
1779	graduation, in a combination of programs listed in s.
1780	1011.62(1)(c) shall be a fraction of a full-time equivalent
1781	membership in each special program equal to the number of net
1782	hours per school year for which he or she is a member, divided
1783	by the appropriate number of hours set forth in subparagraph
1784	(a)1. or subparagraph (a)2. The difference between that fraction
1785	or sum of fractions and the maximum value as set forth in
1786	subsection (4) for each full-time student is presumed to be the
1787	balance of the student's time not spent in such special
1788	education programs and shall be recorded as time in the
1789	appropriate basic program.
1790	(II) A prekindergarten handicapped student shall meet the
1791	requirements specified for kindergarten students.
1792	(III) A Florida Virtual School full-time equivalent
1793	student shall consist of six full credit completions in the
1794	programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
1795	can be a combination of either full credits or half credits.
1796	2. A student in membership in a program scheduled for more
1797	or less than 180 school days is a fraction of a full-time
1798	equivalent membership equal to the number of instructional hours
1799	in membership divided by the appropriate number of hours set
1800	forth in subparagraph (a)1.; however, for the purposes of this
1801	subparagraph, membership in programs scheduled for more than 180
1802	days is limited to students enrolled in juvenile justice
1803	education programs and the Florida Virtual School.
1804
1805	The department shall determine and implement an equitable method
1806	of equivalent funding for experimental schools and for schools
1807	operating under emergency conditions, which schools have been
1808	approved by the department to operate for less than the minimum
1809	school day.
1810	Section 21. Florida Business and Education in School
1811	Together (Florida BEST) Program.--
1812	(1) In order to increase business partnerships in
1813	education, to reduce school and classroom overcrowding
1814	throughout the state, and to offset the high costs of
1815	educational facilities construction, the Legislature intends to
1816	encourage the formation of partnerships between business and
1817	education by creating the Florida Business and Education in
1818	School Together (Florida BEST) Program.
1819	(2) Each school board shall, through advertisements in
1820	local media and other means, request proposals from area
1821	businesses to allow the operation of a business and education
1822	partnership school in facilities owned or operated by the
1823	business.
1824	(3) Each school district shall establish a Florida BEST
1825	school evaluation committee.
1826	(a) The committee shall be appointed by the school board
1827	and be composed of one school district administrator, at least
1828	one member of the business community, and at least one member of
1829	a local chamber of commerce.
1830	(b) The committee shall evaluate the feasibility of each
1831	proposal, including the operating cost, number of students to be
1832	served, proposed student-to-teacher ratio, proposed number of
1833	years the satellite school would operate, and any other
1834	operational or facilities considerations the school board or
1835	committee deems appropriate.
1836	(c) The committee shall recommend to the school board
1837	those proposals for satellite schools which the committee deems
1838	viable and worthy of being established. The school board must
1839	take official action on the recommendation of the committee
1840	within 60 days after receipt of the recommendation.
1841	(4) A "Florida Business and Education in School Together
1842	(Florida BEST) school" is defined as a public school offering
1843	instruction to students from kindergarten through third grade.
1844	The school may offer instruction in any single grade level or
1845	for multiple grade levels. Florida BEST schools shall comply
1846	with the constitutional class size requirements.
1847	(a) First priority for admission of students to the
1848	Florida BEST school shall be given to the children of owners and
1849	employees of the host business. If additional student capacity
1850	remains after those children are admitted, the host business may
1851	choose which other neighboring businesses may also participate
1852	to generate a viable number of students for the school. The
1853	school board shall make the necessary arrangements to
1854	accommodate students from other school districts whose parents
1855	are associated with the host business or business partners.
1856	(b) Parents shall be responsible for providing
1857	transportation to and from school for the students.
1858	(5) A multiyear contract for operation of the Florida BEST
1859	school may be entered into between the school district and the
1860	host business. The contract must at least include provisions
1861	relating to any cost of facilities modifications, provide for
1862	the assignment or waiver of appropriate insurance costs, specify
1863	the number of students expected to be served, provide grounds
1864	for canceling the lease, and specify the advance notice required
1865	before the school may be closed.
1866	(a) The school board shall be responsible for providing
1867	the appropriate instructional, support, and administrative staff
1868	and textbooks, materials, and supplies. The school district may
1869	also agree to operate or contract for the operation of a before
1870	school and after school program using the donated facilities.
1871	(b) The host business shall provide the appropriate types
1872	of space for operating the school. If special facilities, such
1873	as restrooms or dining, recreational, or other areas are
1874	required, the district may contribute a part of the cost of the
1875	construction, remodeling, or renovation for such facilities from
1876	capital outlay funds of the district. A multiyear lease for
1877	operation of the facility must be agreed to if the school
1878	district contributes to the cost of such construction.
1879	Section 22. Notwithstanding any local government ordinance
1880	or regulation, any business or corporation may expand the square
1881	footage or floor area of its current or proposed facility to
1882	accommodate a Florida Business and Education in School Together
1883	(Florida BEST) school. Facilities constructed to house a Florida
1884	BEST school must comply with the State Uniform Building Code for
1885	Educational Facilities Construction adopted pursuant to section
1886	1013.37, Florida Statutes, and must meet state and local health,
1887	environmental, and safety laws and codes.
1888	Section 23. Subsection (13) of section 1002.33, Florida
1889	Statutes, as created by section 98 of chapter 2002-387, Laws of
1890	Florida; section 1012.41, Florida Statutes, as created by
1891	section 716 of chapter 2002-387, Laws of Florida; section
1892	1013.43, Florida Statutes, as created by section 842 of chapter
1893	2002-387, Laws of Florida; and section 1012.73, Florida
1894	Statutes, as created by section 751 of chapter 2002-387, Laws of
1895	Florida, are repealed.
1896	Section 24. Subsection (13) is added to section 216.292,
1897	Florida Statutes, to read:
1898	216.292 Appropriations nontransferable; exceptions.--
1899	(13) The Executive Office of the Governor shall transfer
1900	funds from appropriations for public school operations to a
1901	fixed capital outlay appropriation for class size reduction
1902	based on recommendations of the Florida Education Finance
1903	Program Appropriation Allocation Conference or the Legislative
1904	Budget Commission pursuant to s. 1003.03(4)(a). This subsection
1905	is subject to the notice and review provisions of s. 216.177.
1906	Section 25. Section 1003.62, Florida Statutes, is amended
1907	to read:
1908	1003.62 Academic performance-basedcharter school
1909	districts pilot program.--The State Board of Education mayis
1910	authorized to enter into a performance contract with up to six
1911	district school boards as authorized in this sectionfor the
1912	purpose of establishing them as academic performance-based
1913	charter school districts. The State Board of Education shall
1914	give priority to Hillsborough and Volusia Counties upon the
1915	submission of a completed precharter agreement or charter
1916	proposal for a charter school district. The purpose of this
1917	sectionpilot programis to examine a new relationship between
1918	the State Board of Education and district school boards that
1919	willmay produce significant improvements in student achievement
1920	and school management, while complying with constitutional and
1921	statutoryrequirements assigned to each entity.
1922	(1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOLDISTRICT.--
1923	(a) A school district shall be eligible for designation as
1924	an academic performance-based charter school district if it is a
1925	high-performing school district in which a minimum of 50 percent
1926	of the schools earn a performance grade category "A" or "B" and
1927	in which no school earns a performance grade category "D" or "F"
1928	for 2 consecutive years pursuant to s. 1008.34. Schools that
1929	receive a performance grade category "I" or "N" shall not be
1930	included in this calculation. The performance contract for a
1931	school district that earns a charter based on school performance
1932	grades shall be predicated on maintenance of at least 50 percent
1933	of the schools in the school district earning a performance
1934	grade category "A" or "B" with no school in the school district
1935	earning a performance grade category "D" or "F" for 2
1936	consecutive years. A school district in which the number of
1937	schools that earn a performance grade of "A" or "B" is less than
1938	50 percent may have its charter renewed for 1 year; however, if
1939	the percentage of "A" or "B" schools is less than 50 percent for
1940	2 consecutive years, the charter shall not be renewed.
1941	(b) A school district that satisfies the eligibility
1942	criteria for designation as an academic performance-based
1943	charter school district may be so designated upon a super
1944	majority vote byin Florida in which the district school board
1945	after havinghas submitted and the State Board of Education
1946	havinghasapproved a charter proposal that exchanges statutory
1947	and rule exemption, as authorized by this section,for agreement
1948	to meet performance goals in the proposal. The academic
1949	performance-based charter school district shall be chartered for
1950	1 year3 years, at the end of which the performance shall be
1951	evaluated. If maintenance of high-performing school district
1952	status pursuant to paragraph (a) is not documented in accordance
1953	with State Board of Education rule, the charter shall not be
1954	renewed.
1955	(2) EXEMPTION FROM STATUTES AND RULES.--
1956	(a) An academic performance-based charter school district
1957	shall operate in accordance with its charter and shall be exempt
1958	from certain State Board of Education rules and statutes if the
1959	State Board of Education determines such an exemption will
1960	assist the district in maintaining or improving its high
1961	performing status pursuant to paragraph (1)(a). However, the
1962	State Board of Education may not exempt an academic performance-
1963	based charter school district from any of the following
1964	statutes:
1965	1. Those statutes pertaining to the provision of services
1966	to students with disabilities.
1967	2. Those statutes pertaining to civil rights, including s.
1968	1000.05, relating to discrimination.
1969	3. Those statutes pertaining to student health, safety,
1970	and welfare.
1971	4. Those statutes governing the election or compensation
1972	of district school board members.
1973	5. Those statutes pertaining to the student assessment
1974	program and the school grading system, including chapter 1008.
1975	6. Those statutes pertaining to financial matters,
1976	including chapter 1010.
1977	7. Those statutes pertaining to planning and budgeting,
1978	including chapter 1011, except that ss. 1011.64 and 1011.69
1979	shall be eligible for exemption.
1980	8. Sections 1012.22(1)(c) and 1012.27(2), relating to
1981	performance-pay policies for school administrators and
1982	instructional personnel. Professional service contracts shall be
1983	subject to the provisions of ss. 1012.33 and 1012.34.
1984	9. Those statutes pertaining to educational facilities,
1985	including chapter 1013, except as specified under contract with
1986	the State Board of Education. However, no contractual provision
1987	that could have the effect of requiring the appropriation of
1988	additional capital outlay funds to the academic performance-
1989	based charter school district shall be valid.
1990	(b) Additionally, an academic performance-based charter
1991	school district shall be in compliance with the following
1992	statutes:
1993	1. Section 286.011, relating to public meetings and
1994	records, public inspection, and criminal and civil penalties.
1995	2. Those statutes pertaining to public records, including
1996	chapter 119.
1997	3. Those statutes pertaining to financial disclosure by
1998	elected officials.
1999	4. Those statutes pertaining to conflicts of interest by
2000	elected officials.Charter school districts shall be exempt from
2001	state statutes and specified State Board of Education rules. The
2002	district school board of a charter school district shall not be
2003	exempt from any statute governing election of district school
2004	board members, public meetings and public records requirements,
2005	financial disclosure, conflicts of interest, operation in the
2006	sunshine, or any provisions outside the Florida K-20 Education
2007	Code.
2008	(3) GOVERNING BOARD.--The governing board of the academic
2009	performance-basedcharter school district shall be the duly
2010	elected district school board. The district school board shall
2011	be responsible for supervising the schools in the academic
2012	performance-based charter school district and may convertis
2013	authorized to charter each of its existing public schools to
2014	charter schools pursuant to s. 1002.33, apply for deregulation
2015	of its public schools pursuant to s. 1003.63,or otherwise
2016	establish performance-based contractual relationships with its
2017	public schools for the purpose of giving them greater autonomy
2018	with accountability for performance.
2019	(4) PRECHARTER AGREEMENT.--The State Board of Education
2020	mayis authorized to approve a precharter agreement that grants
2021	with a potential charter district. The agreement may grant
2022	limited flexibility and direction for developing the full
2023	academic performance-basedcharter proposal.
2024	(5) ANNUAL REPORT BY CHARTER SCHOOL DISTRICT.--Each school
2025	district chartered pursuant to this section shall transmit an
2026	annual report to the State Board of Education that delineates
2027	the performance of the school district relative to the
2028	performance goals contained in the charter agreement. The annual
2029	report shall be transmitted to the Commissioner of Education and
2030	shall be due each year on the anniversary date of the charter
2031	agreement.
2032	(5) TIME PERIOD FOR PILOT.--The pilot program shall be
2033	authorized for a period of 3 full school years commencing with
2034	award of a charter. The charter may be renewed upon action of
2035	the State Board of Education.
2036	(6) REPORTS.--The State Board of Education shall annually
2037	report on the performance of each academic performance-based
2038	implementation of the charter school district pilot program.
2039	BienniallyUpon the completion of the first 3-year term, the
2040	State Board of Education, through the Commissioner of Education,
2041	shall submit to the Legislature a full evaluation of the
2042	effectiveness of granting academic performance-based charter
2043	school district statusthe program.
2044	(7) PILOT PROGRAM CHARTER SCHOOL DISTRICTS; GRANDFATHER
2045	PROVISION.--The State Board of Education shall use the criteria
2046	approved in the initial charter applications issued to the
2047	school districts of Volusia, Hillsborough, Orange, and Palm
2048	Beach Counties to renew those pilot program charter school
2049	districts in accordance with this subsection. No additional
2050	pilot program charter school districts shall be approved, and
2051	the pilot program consists solely of school districts in
2052	Volusia, Hillsborough, Orange, and Palm Beach Counties. The
2053	termination of the charter school districts pilot program is
2054	effective July 1, 2007, or upon the end of a 5-year renewal
2055	contract issued by the State Board of Education to the Volusia
2056	County, Hillsborough County, Orange County, or Palm Beach County
2057	school district prior to July 1, 2003, whichever is later.
2058	(8)(7) RULEMAKING.--The State Board of Education may adopt
2059	shall have the authority to enactrules to implement this
2060	section in accordance with ss. 120.536 and 120.54.
2061	Section 26. Paragraphs (b) and (d) of subsection (6) of
2062	section 1013.64, Florida Statutes, are amended to read:
2063	1013.64 Funds for comprehensive educational plant needs;
2064	construction cost maximums for school district capital
2065	projects.--Allocations from the Public Education Capital Outlay
2066	and Debt Service Trust Fund to the various boards for capital
2067	outlay projects shall be determined as follows:
2068	(6)
2069	(b)1. A district school board, including a district school
2070	board of an academic performance-based charter school district,
2071	must not use funds from the following sources:Public Education
2072	Capital Outlay and Debt Service Trust Fund;or theSchool
2073	District and Community College District Capital Outlay and Debt
2074	Service Trust Fund; Classrooms First Program funds provided in
2075	s. 1013.68; effort index grant funds provided in s. 1013.73;
2076	nonvoted 2-mill levy of ad valorem property taxes provided in s.
2077	1011.71(2); Classrooms for Kids Infrastructure Program funds
2078	provided in s. 1013.735; or District Effort Recognition Program
2079	funds provided in s. 1013.736for any new construction of
2080	educational plant space with a total cost per student station,
2081	including change orders, that equals more than:
2082	a. $12,755$11,600for an elementary school,
2083	b. $14,624$13,300for a middle school, or
2084	c. $19,352$17,600for a high school,
2085
2086	(January 20021997) as adjusted annually to reflect increases or
2087	decreases inbythe Consumer Price Index.
2088	2. A district school board must not use funds from the
2089	Public Education Capital Outlay and Debt Service Trust Fund or
2090	the School District and Community College District Capital
2091	Outlay and Debt Service Trust Fund for any new construction of
2092	an ancillary plant that exceeds 70 percent of the average cost
2093	per square foot of new construction for all schools.
2094	(d) The department shall:
2095	1.Compute for each calendar year the statewide average
2096	construction costs for facilities serving each instructional
2097	level, for relocatable educational facilities, for
2098	administrative facilities, and for other ancillary and auxiliary
2099	facilities. The department shall compute the statewide average
2100	costs per student station for each instructional level.
2101	2. Annually review the actual completed construction costs
2102	of educational facilities in each school district. For any
2103	school district in which the total actual cost per student
2104	station, including change orders, exceeds the statewide limits
2105	established in paragraph (b), the school district shall report
2106	to the department the actual cost per student station and the
2107	reason for the school district's inability to adhere to the
2108	limits established in paragraph (b). The department shall
2109	collect all such reports and shall report to the Governor, the
2110	President of the Senate, and the Speaker of the House of
2111	Representatives by December 31 of each year a summary of each
2112	school district's spending in excess of the cost per student
2113	station provided in paragraph (b) as reported by the school
2114	districts.
2115
2116	Cost per student station includes contract costs, legal and
2117	administrative costs, fees of architects and engineers,
2118	furniture and equipment, and site improvement costs. Cost per
2119	student station does not include the cost of purchasing or
2120	leasing the site for the construction or the cost of related
2121	offsite improvements.
2122	Section 27. Section 1000.041, Florida Statutes, is created
2123	to read:
2124	1000.041 Better Educated Students and Teachers (BEST)
2125	Florida Teaching; legislative purposes; guiding principles.--The
2126	legislative purposes and guiding principles of BEST Florida
2127	Teaching are:
2128	(1) Teachers lead, students learn.
2129	(2) Teachers maintain orderly, disciplined classrooms
2130	conducive to student learning.
2131	(3) Teachers are trained, recruited, well compensated, and
2132	retained for quality.
2133	(4) Teachers are well rewarded for their students' high
2134	performance.
2135	(5) Teachers are most effective when served by exemplary
2136	school administrators.
2137
2138	Each teacher preparation program, each postsecondary educational
2139	institution providing dual enrollment or other acceleration
2140	programs, each district school board, and each district and
2141	school-based administrator fully supports and cooperates in the
2142	accomplishment of these purposes and guiding principles.
2143	Section 28. Section 1001.33, Florida Statutes, is amended
2144	to read:
2145	1001.33 Schools under control of district school board and
2146	district school superintendent.--
2147	(1)Except as otherwise provided by law, all public
2148	schools conducted within the district shall be under the
2149	direction and control of the district school board with the
2150	district school superintendent as executive officer.
2151	(2) Each district school board, each district school
2152	superintendent, and each district and school-based administrator
2153	shall cooperate to apply the following guiding principles of
2154	Better Educated Students and Teachers (BEST) Florida Teaching:
2155	(a) Teachers lead, students learn.
2156	(b) Teachers maintain orderly, disciplined classrooms
2157	conducive to student learning.
2158	(c) Teachers are trained, recruited, well compensated, and
2159	retained for quality.
2160	(d) Teachers are well rewarded for their students' high
2161	performance.
2162	(e) Teachers are most effective when served by exemplary
2163	school administrators.
2164	Section 29. Subsections (5), (6), and (20) of section
2165	1001.42, Florida Statutes, are amended to read:
2166	1001.42 Powers and duties of district school board.--The
2167	district school board, acting as a board, shall exercise all
2168	powers and perform all duties listed below:
2169	(5) PERSONNEL.--
2170	(a)Designate positions to be filled, prescribe
2171	qualifications for those positions, and provide for the
2172	appointment, compensation, promotion, suspension, and dismissal
2173	of employees, subject to the requirements of chapter 1012. A
2174	district school board is encouraged to provide clerical
2175	personnel or volunteers who are not classroom teachers to assist
2176	teachers in noninstructional activities, including performing
2177	paperwork and recordkeeping duties. However, a teacher shall
2178	remain responsible for all instructional activities and for
2179	classroom management and grading student performance.
2180	(b)Notwithstanding s. 1012.55 or any other provision of
2181	law or rule to the contrary and, the district school board may,
2182	consistent with adopted district school board policy relating to
2183	alternative certification for school principals, have the
2184	authority toappoint persons to the position of school principal
2185	who do not hold educator certification.
2186	(c) Fully support and cooperate in the application of the
2187	guiding principles of Better Educated Students and Teachers
2188	(BEST) Florida Teaching, pursuant to s. 1000.041.
2189	(6) STUDENTCHILDWELFARE.--
2190	(a)In accordance with the provisions of chapters 1003 and
2191	1006, provide for the proper accounting for all students
2192	childrenof school age, for the attendance and control of
2193	students at school, and for proper attention to health, safety,
2194	and other matters relating to the welfare of studentschildren.
2195	(b) In accordance with the provisions of ss. 1003.31 and
2196	1003.32, fully support the authority of each teacher and school
2197	bus driver to remove disobedient, disrespectful, violent,
2198	abusive, uncontrollable, or disruptive students from the
2199	classroom and the school bus and the authority of the school
2200	board to place such students in an alternative educational
2201	setting, when appropriate and available.
2202	(20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
2203	anonymity of students in large schools, adopt policies to
2204	encourage any large school that does not meet the definition of
2205	a small school, as established by s. 1013.43(2),to subdivide
2206	into schools-within-a-school that shall operate within existing
2207	resources in accordance with the provisions of chapter 1003.
2208	Section 30. Present subsection (23) of section 1001.51,
2209	Florida Statutes, is redesignated as subsection (25), and new
2210	subsections (23) and (24) are added to that section to read:
2211	1001.51 Duties and responsibilities of district school
2212	superintendent.--The district school superintendent shall
2213	exercise all powers and perform all duties listed below and
2214	elsewhere in the law, provided that, in so doing, he or she
2215	shall advise and counsel with the district school board. The
2216	district school superintendent shall perform all tasks necessary
2217	to make sound recommendations, nominations, proposals, and
2218	reports required by law to be acted upon by the district school
2219	board. All such recommendations, nominations, proposals, and
2220	reports by the district school superintendent shall be either
2221	recorded in the minutes or shall be made in writing, noted in
2222	the minutes, and filed in the public records of the district
2223	school board. It shall be presumed that, in the absence of the
2224	record required in this section, the recommendations,
2225	nominations, and proposals required of the district school
2226	superintendent were not contrary to the action taken by the
2227	district school board in such matters.
2228	(23) QUALITY TEACHERS.--Fully support and cooperate in the
2229	application of the guiding principles of Better Educated
2230	Students and Teachers(BEST) Florida Teaching, pursuant to s.
2231	1000.041.
2232	(24) ORDERLY CLASSROOMS AND SCHOOL BUSES.--Fully support
2233	the authority of each teacher and school bus driver to remove
2234	disobedient, disrespectful, violent, abusive, uncontrollable, or
2235	disruptive students from the classroom and the school bus and
2236	the authority of the school principal to place such students in
2237	an alternative educational setting, when appropriate and
2238	available.
2239	Section 31. Subsection (1) of section 1001.54, Florida
2240	Statutes, is amended to read:
2241	1001.54 Duties of school principals.--
2242	(1)(a)A district school board shall employ, through
2243	written contract, public school principals.
2244	(b)The school principal has authority over school
2245	district personnel in accordance with s. 1012.28.
2246	(c) The school principal shall encourage school personnel
2247	to implement the guiding principles for Better Educated Students
2248	and Teachers(BEST) Florida Teaching, pursuant to s. 1000.041.
2249	(d) The school principal shall fully support the authority
2250	of each teacher and school bus driver to remove disobedient,
2251	disrespectful, violent, abusive, uncontrollable, or disruptive
2252	students from the classroom and the school bus and, when
2253	appropriate and available, place such students in an alternative
2254	educational setting.
2255	Section 32. Subsection (22) is added to section 1002.20,
2256	Florida Statutes, to read:
2257	1002.20 K-12 student and parent rights.--K-12 students and
2258	their parents are afforded numerous statutory rights including,
2259	but not limited to, the following:
2260	(22) ORDERLY, DISCIPLINED CLASSROOMS.--Public school
2261	students shall be in orderly, disciplined classrooms conducive
2262	to learning without the distraction caused by disobedient,
2263	disrespectful, violent, abusive, uncontrollable, or disruptive
2264	students, in accordance with s. 1003.32.
2265	Section 33. Subsection (13) of section 1002.42, Florida
2266	Statutes, is amended to read:
2267	1002.42 Private schools.--
2268	(13) PROFESSIONAL DEVELOPMENT SYSTEM.--An organization of
2269	private schools that has no fewer than 10 member schools in this
2270	state may develop a professional development system to be filed
2271	with the Department of Education in accordance with the
2272	provisions of s. 1012.98(6)(7).
2273	Section 34. Section 1003.04, Florida Statutes, is amended
2274	to read:
2275	1003.04 Student conduct and parental involvement goals.--
2276	(1) It is the goal of the Legislature and each district
2277	school board that Each public K-12 student mustremain in
2278	attendance throughout the school year, unless excused by the
2279	school for illness or other good cause, and mustcomply fully
2280	with the school's code of conduct.
2281	(2) The parent of each public K-12 student must cooperate
2282	with the authority of the student's district school board,
2283	superintendent, principal, teachers, and school bus drivers,
2284	according to ss. 1003.31 and 1003.32, to remove the student from
2285	the classroom and the school bus and, when appropriate and
2286	available, to place the student in an alternative educational
2287	setting, if the student is disobedient, disrespectful, violent,
2288	abusive, uncontrollable, or disruptive.
2289	(3)(2)It is the goal of the Legislature and each district
2290	school board that the parent of each public K-12 student comply
2291	with the school's reasonable and time-acceptable parental
2292	involvement requests.
2293	Section 35. Subsection (1) of section 1003.31, Florida
2294	Statutes, is amended to read:
2295	1003.31 Students subject to control of school.--
2296	(1) Subject to law and rules of the State Board of
2297	Education and of the district school board, each student
2298	enrolled in a school shall:
2299	(a) During the time she or he is being transported to or
2300	from school at public expense;
2301	(b) During the time she or he is attending school;
2302	(c) During the time she or he is on the school premises
2303	participating with authorization in a school-sponsored activity;
2304	and
2305	(d) During a reasonable time before and after the student
2306	is on the premises for attendance at school or for authorized
2307	participation in a school-sponsored activity, and only when on
2308	the premises,
2309
2310	be under the control and direction of the principal or teacher
2311	in charge of the school, and under the immediate control and
2312	direction of the teacher or other member of the instructional
2313	staff or of the bus driver to whom such responsibility may be
2314	assigned by the principal. However, the State Board of Education
2315	or the district school board may, by rules, subject each student
2316	to the control and direction of the principal or teacher in
2317	charge of the school during the time she or he is otherwise en
2318	route to or from school or is presumed by law to be attending
2319	school. Each district school board, each district school
2320	superintendent, and each school principal shall fully support
2321	the authority of teachers, according to s. 1003.32, and school
2322	bus drivers to remove disobedient, disrespectful, violent,
2323	abusive, uncontrollable, or disruptive students from the
2324	classroom and the school bus and, when appropriate and
2325	available, place such students in an alternative educational
2326	setting.
2327	Section 36. Section 1003.32, Florida Statutes, is amended
2328	to read:
2329	1003.32 Authority of teacher; responsibility for control
2330	of students; district school board and principal
2331	duties.--Subject to law and to the rules of the district school
2332	board, each teacher or other member of the staff of any school
2333	shall have such authority for the control and discipline of
2334	students as may be assigned to him or her by the principal or
2335	the principal' s designated representative and shall keep good
2336	order in the classroom and in other places in which he or she is
2337	assigned to be in charge of students.
2338	(1) In accordance with this section andwithin the
2339	framework of the district school board's code of student
2340	conduct, teachers and other instructional personnel shall have
2341	the authority to undertake any of the following actions in
2342	managing student behavior and ensuring the safety of all
2343	students in their classes and school and their opportunity to
2344	learn in an orderly and disciplined classroom:
2345	(a) Establish classroom rules of conduct.
2346	(b) Establish and implement consequences, designed to
2347	change behavior, for infractions of classroom rules.
2348	(c) Have disobedient, disrespectful, violent, abusive,
2349	uncontrollable, or disruptive students temporarilyremoved from
2350	the classroom for behavior management intervention.
2351	(d) Have violent, abusive, uncontrollable, or disruptive
2352	students directed for information or assistance from appropriate
2353	school or district school board personnel.
2354	(e) Assist in enforcing school rules on school property,
2355	during school-sponsored transportation, and during school-
2356	sponsored activities.
2357	(f) Request and receive information as to the disposition
2358	of any referrals to the administration for violation of
2359	classroom or school rules.
2360	(g) Request and receive immediate assistance in classroom
2361	management if a student becomes uncontrollable or in case of
2362	emergency.
2363	(h) Request and receive training and other assistance to
2364	improve skills in classroom management, violence prevention,
2365	conflict resolution, and related areas.
2366	(i) Press charges if there is a reason to believe thata
2367	crime has been committed against the teacher or other
2368	instructional personnelon school property, during school-
2369	sponsored transportation, or during school-sponsored activities.
2370	(j) Use reasonable force, according to standards adopted
2371	by the State Board of Education, to protect himself or herself
2372	or others from injury.
2373	(k) Use corporal punishment according to school board
2374	policy and at least the following procedures, if a teacher feels
2375	that corporal punishment is necessary:
2376	1. The use of corporal punishment shall be approved in
2377	principle by the principal before it is used, but approval is
2378	not necessary for each specific instance in which it is used.
2379	The principal shall prepare guidelines for administering such
2380	punishment which identify the types of punishable offenses, the
2381	conditions under which the punishment shall be administered, and
2382	the specific personnel on the school staff authorized to
2383	administer the punishment.
2384	2. A teacher or principal may administer corporal
2385	punishment only in the presence of another adult who is informed
2386	beforehand, and in the student's presence, of the reason for the
2387	punishment.
2388	3. A teacher or principal who has administered punishment
2389	shall, upon request, provide the student's parent with a written
2390	explanation of the reason for the punishment and the name of the
2391	other adult who was present.
2392	(2) Teachers and other instructional personnel shall:
2393	(a) Set and enforce reasonable classroom rules that treat
2394	all students equitably.
2395	(b) Seek professional development to improve classroom
2396	management skills when data show that they are not effective in
2397	handling minor classroom disruptions.
2398	(c) Maintain an orderly and disciplined classroom witha
2399	positive and effective learning environment that maximizes
2400	learning and minimizes disruption.
2401	(d) Work with parents and other school personnel to solve
2402	discipline problems in their classrooms.
2403	(3) A teacher may send a student to the principal's office
2404	to maintain effective discipline in the classroom and may
2405	recommend an appropriate consequence consistent with the student
2406	code of conduct under s. 1006.07. The principal shall respond by
2407	employing the teacher's recommended consequence or a more
2408	serious disciplinary action if the student's history of
2409	disruptive behavior warrants it. If the principal determines
2410	that a lesser disciplinary action is appropriate, the principal
2411	should consult with the teacher prior to taking disciplinary
2412	actionappropriate discipline-management techniques consistent
2413	with the student code of conduct under s. 1006.07.
2414	(4) A teacher may remove from class a student whose
2415	behavior the teacher determines interferes with the teacher's
2416	ability to communicate effectively with the students in the
2417	class or with the ability of the student's classmates to learn.
2418	Each district school board, each district school superintendent,
2419	and each school principal shall support the authority of
2420	teachers to remove disobedient, violent, abusive,
2421	uncontrollable, or disruptive students from the classroom.
2422	(5) If a teacher removes a student from class under
2423	subsection (4), the principal may place the student in another
2424	appropriate classroom, in in-school suspension, or in a dropout
2425	prevention and academic intervention program as provided by s.
2426	1003.53; or the principal may recommend the student for out-of-
2427	school suspension or expulsion, as appropriate. The student may
2428	be prohibited from attending or participating in school-
2429	sponsored or school-related activities. The principal may not
2430	return the student to that teacher's class without the teacher's
2431	consent unless the committee established under subsection (6)
2432	determines that such placement is the best or only available
2433	alternative. The teacher and the placement review committee must
2434	render decisions within 5 days of the removal of the student
2435	from the classroom.
2436	(6)(a) Each school shall establish a placement review
2437	committee to determine placement of a student when a teacher
2438	withholds consent to the return of a student to the teacher's
2439	class. A school principal must notify each teacher in that
2440	school about the availability, the procedures, and the criteria
2441	for the placement review committee as outlined in this section.
2442	(b) The principal must report on a quarterly basis to the
2443	district school superintendent and district school board each
2444	incidence of a teacher's withholding consent for a removed
2445	student to return to the teacher's class and the disposition of
2446	the incident, and the superintendent must annually report these
2447	data to the department.
2448	(c) The Commissioner of Education shall annually review
2449	each school district's compliance with this section, and success
2450	in achieving orderly classrooms, and shall use all appropriate
2451	enforcement actions up to and including the withholding of
2452	disbursements from the Educational Enhancement Trust Fund until
2453	full compliance is verified.
2454	(d) Placement reviewcommittee membership must include at
2455	least the following:
2456	1.(a) Two teachers, one selected by the school's faculty
2457	and one selected by the teacher who has removed the student.
2458	2.(b)One member from the school's staff who is selected
2459	by the principal.
2460
2461	The teacher who withheld consent to readmitting the student may
2462	not serve on the committee. The teacher and the placement review
2463	committee must render decisions within 5 days after the removal
2464	of the student from the classroom. If the placement review
2465	committee's decision is contrary to the decision of the teacher
2466	to withhold consent to the return of the removed student to the
2467	teacher's class, the teacher may appeal the committee's decision
2468	to the district school superintendent.
2469	(7) Any teacher who removes 25 percent of his or her total
2470	class enrollment shall be required to complete professional
2471	development to improve classroom management skills.
2472	(8) Each teacher or other member of the staff of any
2473	school who knows or has reason to suspect that any person has
2474	committed, or has made a credible threat to commit, a crime of
2475	violence on school property shall report such knowledge or
2476	suspicion in accordance with the provisions of s. 1006.13. Each
2477	district school superintendent and each school principal shall
2478	fully support good-faith reporting in accordance with the
2479	provisions of this subsection and s. 1006.13. Any person who
2480	makes a report required by this subsection in good faith shall
2481	be immune from civil or criminal liability for making the
2482	report.
2483	(9)(8)When knowledgeable of the likely risk of physical
2484	violence in the schools, the district school board shall take
2485	reasonable steps to ensure that teachers, other school staff,
2486	and students are not at undue risk of violence or harm.
2487	Section 37. Section 1004.04, Florida Statutes, is amended
2488	to read:
2489	1004.04 Public accountability and state approval for
2490	teacher preparation programs.--
2491	(1) INTENT.--
2492	(a)The Legislature recognizes that skilled teachers make
2493	an important contribution to a system that allows students to
2494	obtain a high-quality education.
2495	(b) The intent of the Legislature is to require the State
2496	Board of Education to attainestablisha system for development
2497	and approval of teacher preparation programs that allowswill
2498	freepostsecondary teacher preparation institutions to employ
2499	varied and innovative teacher preparation techniques while being
2500	held accountable for producing graduates with the competencies
2501	and skills necessary to achieve the state education goals; help
2502	the state's diverse student population, including students who
2503	have substandard reading and computational skills andstudents
2504	with limited English proficiency, meet high standards for
2505	academic achievement; maintain safe, secure classroom learning
2506	environments; and sustain the state system of school improvement
2507	and education accountability established pursuant to ss.
2508	1000.03(5) and 1008.345.
2509	(2) UNIFORM CORE CURRICULA.--
2510	(a)The State Board of Education shall adopt rules
2511	pursuant to ss. 120.536(1) and 120.54 that establish uniform
2512	core curricula for each state-approved teacher preparation
2513	program.
2514	(b) The rules to establish uniform core curricula for each
2515	state-approved teacher preparation program must include, but are
2516	not limited to, a State Board of Education identified foundation
2517	in scientifically researched, knowledge-based reading literacy
2518	and computational skills acquisition; classroom management;
2519	school safety; professional ethics; educational law; human
2520	development and learning; and understanding of the Sunshine
2521	State Standards content measured by state achievement tests,
2522	reading and interpretation of data, and use of data to improve
2523	student achievement.
2524	(c) These rules shall not require an additional period of
2525	time-to-degree but may be phased in to enable teacher
2526	preparation programs to supplant courses, including pedagogy
2527	courses, not required by law or State Board of Education rule
2528	with the courses identified pursuant to paragraph(b).
2529	(3)(2)DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A
2530	system developed by the Department of Education in collaboration
2531	with postsecondary educational institutions shall assist
2532	departments and colleges of education in the restructuring of
2533	their programs in accordance with this sectionto meet the need
2534	for producing quality teachers now and in the future.
2535	(a)The system must be designed to assist teacher
2536	educators in conceptualizing, developing, implementing, and
2537	evaluating programs that meet state-adopted standards. These
2538	standards shall emphasize quality indicators drawn from
2539	research, professional literature, recognized guidelines,
2540	Florida essential teaching competencies and educator-
2541	accomplished practices, effective classroom practices, and the
2542	outcomes of the state system of school improvement and education
2543	accountability, as well as performance measures.
2544	(b)Departments and colleges of education shall emphasize
2545	the state system of school improvement and education
2546	accountability concepts and standards, including Sunshine State
2547	Standards.
2548	(c)State-approved teacher preparation programs must
2549	incorporate:
2550	1.Appropriate English for Speakers of Other Languages
2551	instruction so that program graduates will have completed the
2552	requirements for teaching limited English proficient students in
2553	Florida public schools.
2554	2. Scientifically researched, knowledge-based reading
2555	literacy and computational skills instruction so that program
2556	graduates will be able to provide the necessary academic
2557	foundations for their students at whatever grade levels they
2558	choose to teach.
2559	(4)(3)INITIAL STATE PROGRAM APPROVAL.--
2560	(a) A program approval process based on standards adopted
2561	pursuant to subsectionssubsection (2) and (3)must be
2562	established for postsecondary teacher preparation programs,
2563	phased in according to timelines determined by the Department of
2564	Education, and fully implemented for all teacher preparation
2565	programs in the state. Each program shall be approved by the
2566	department, consistent with the intent set forth in subsection
2567	(1) and based primarily upon significant, objective, and
2568	quantifiable graduate performance measures.
2569	(b) Each teacher preparation program approved by the
2570	Department of Education, as provided for by this section, shall
2571	require students to meet the following as prerequisites for
2572	admission into the program:
2573	1. Have a grade point average of at least 2.5 on a 4.0
2574	scale for the general education component of undergraduate
2575	studies or have completed the requirements for a baccalaureate
2576	degree with a minimum grade point average of 2.5 on a 4.0 scale
2577	from any college or university accredited by a regional
2578	accrediting association as defined by State Board of Education
2579	rule or any college or university otherwise approved pursuant to
2580	State Board of Education rule.
2581	2. Demonstrate mastery of general knowledge, including the
2582	ability to read, write, and compute, by passing the College
2583	Level Academic Skills Test, a corresponding component of the
2584	National Teachers Examination series, or a similar test pursuant
2585	to rules of the State Board of Education.
2586
2587	Each teacher preparation program may waive these admissions
2588	requirements for up to 10 percent of the students admitted.
2589	Programs shall implement strategies to ensure that students
2590	admitted under a waiver receive assistance to demonstrate
2591	competencies to successfully meet requirements for
2592	certification.
2593	(5)(4)CONTINUED PROGRAM APPROVAL.--Notwithstanding
2594	subsection (4)(3), failure by a public or nonpublic teacher
2595	preparation program to meet the criteria for continued program
2596	approval shall result in loss of program approval. The
2597	Department of Education, in collaboration with the departments
2598	and colleges of education, shall develop procedures for
2599	continued program approval that document the continuous
2600	improvement of program processes and graduates' performance.
2601	(a) Continued approval of specific teacher preparation
2602	programs at each public and nonpublic postsecondary educational
2603	institution within the state is contingent upon the passing of
2604	the written examination required by s. 1012.56 by at least 90
2605	percent of the graduates of the program who take the
2606	examination. On request of an institution,The Department of
2607	Education shall annuallyprovide an analysis of the performance
2608	of the graduates of such institution with respect to the
2609	competencies assessed by the examination required by s. 1012.56.
2610	(b) Additional criteria for continued program approval for
2611	public institutions may be approved by the State Board of
2612	Education. Such criteria must emphasize instruction in classroom
2613	management and must provide for the evaluation of the teacher
2614	candidates' performance in this area. The criteria shall also
2615	require instruction in working with underachieving students.
2616	Program evaluation procedures must include, but are not limited
2617	to, program graduates' satisfaction with instruction and the
2618	program's responsiveness to local school districts. Additional
2619	criteria for continued program approval for nonpublic
2620	institutions shall be developed in the same manner as for public
2621	institutions; however, such criteria must be based upon
2622	significant, objective, and quantifiable graduate performance
2623	measures. Responsibility for collecting data on outcome measures
2624	through survey instruments and other appropriate means shall be
2625	shared by the postsecondary educational institutions and the
2626	Department of Education. By January 1 of each year, the
2627	Department of Education shall report this information for each
2628	postsecondary educational institution that has state-approved
2629	programs of teacher education to the Governor, the State Board
2630	of Education, the Commissioner of Education, the President of
2631	the Senate, the Speaker of the House of Representatives, all
2632	Florida postsecondary teacher preparation programs, and
2633	interested members of the public. This report must analyze the
2634	data and make recommendations for improving teacher preparation
2635	programs in the state.
2636	(c) Continued approval for a teacher preparation program
2637	is contingent upon the results of periodicannual reviews, on a
2638	schedule established by the State Board of Education,of the
2639	program conducted by the postsecondary educational institution,
2640	using procedures and criteria outlined in an institutional
2641	program evaluation plan approved by the Department of Education.
2642	This plan must incorporate the criteria established in
2643	paragraphs (a) and (b) and include provisions for involving
2644	primary stakeholders, such as program graduates, district school
2645	personnel, classroom teachers, principals, community agencies,
2646	and business representatives in the evaluation process. Upon
2647	request by an institution, the department shall provide
2648	assistance in developing, enhancing, or reviewing the
2649	institutional program evaluation plan and training evaluation
2650	team members.
2651	(d) Continued approval for a teacher preparation program
2652	is contingent upon standards being in place that are designed to
2653	adequately prepare elementary, middle, and high school teachers
2654	to instruct their students in reading andhigher-level
2655	mathematics concepts and in the use of technology at the
2656	appropriate grade level.
2657	(e) Continued approval of teacher preparation programs is
2658	contingent upon compliance with the student admission
2659	requirements of subsection (4)(3)and upon the receipt of at
2660	least a satisfactory rating from public schools and private
2661	schools that employ graduates of the program. Each teacher
2662	preparation program shall guarantee the high quality of its
2663	graduates during the first 2 years immediately following
2664	graduation from the program or following initial certification,
2665	whichever occurs first. Any educator in a Florida school who
2666	fails to demonstrate the essential skills specified in
2667	subparagraphs 1.-5. shall be provided additional training by the
2668	teacher preparation program at no expense to the educator or the
2669	employer. Such training must consist of an individualized plan
2670	agreed upon by the school district and the postsecondary
2671	educational institution that includes specific learning
2672	outcomes. The postsecondary educational institution assumes no
2673	responsibility for the educator's employment contract with the
2674	employer.Employer satisfaction shall be determined by an
2675	annually administered survey instrument approved by the
2676	Department of Education that, at a minimum, must include
2677	employer satisfaction of the graduates' ability to do the
2678	following:
2679	1. Write and speak in a logical and understandable style
2680	with appropriate grammar.
2681	2. Recognize signs of students' difficulty with the
2682	reading and computational process and apply appropriate measures
2683	to improve students' reading and computational performance.
2684	3. Use and integrate appropriate technology in teaching
2685	and learning processes.
2686	4. Demonstrate knowledge and understanding of Sunshine
2687	State Standards.
2688	5. Maintain an orderly and disciplined classroom conducive
2689	to student learning.
2690	(f)1. Each Florida public and private institution that
2691	offers a state-approved teacher preparation program must
2692	annually report information regarding these programs to the
2693	state and the general public. This information shall be reported
2694	in a uniform and comprehensible manner that is consistent with
2695	definitions and methods approved by the Commissioner of the
2696	National Center for Educational Statistics and that is approved
2697	by the State Board of Education. This information must include,
2698	at a minimum:
2699	a. The percent of graduates obtaining full-time teaching
2700	employment within the first year of graduation.
2701	b. The average length of stay of graduates in their full-
2702	time teaching positions.
2703	c. Satisfaction ratings required in paragraph (e).
2704	2. Each public and private institution offering training
2705	for school readiness related professions, including training in
2706	the fields of child care and early childhood education, whether
2707	offering technical credit, associate in applied science degree
2708	programs, associate in science degree programs, or associate in
2709	arts degree programs, shall annually report information
2710	regarding these programs to the state and the general public in
2711	a uniform and comprehensible manner that conforms with
2712	definitions and methods approved by the State Board of
2713	Education. This information must include, at a minimum:
2714	a. Average length of stay of graduates in their positions.
2715	b. Satisfaction ratings of graduates' employers.
2716
2717	This information shall be reported through publications,
2718	including college and university catalogs and promotional
2719	materials sent to potential applicants, secondary school
2720	guidance counselors, and prospective employers of the
2721	institution's program graduates.
2722	(6)(5)PRESERVICE FIELD EXPERIENCE.--All postsecondary
2723	instructors, school district personnel and instructional
2724	personnel, and school sites preparing instructional personnel
2725	through preservice field experience courses and internships
2726	shall meet special requirements. District school boards are
2727	authorized to pay student teachers during their internships.
2728	(a) All instructors in postsecondary teacher preparation
2729	programs who instruct or supervise preservice field experience
2730	courses or internships shall have at least one of the following:
2731	specialized training in clinical supervision; a valid
2732	professional teaching certificate pursuant to ss. 1012.56 and
2733	1012.585; or at least 3 years of successful teaching experience
2734	in prekindergarten through grade 12.
2735	(b) All school district personnel and instructional
2736	personnel who supervise or direct teacher preparation students
2737	during field experience courses or internships must have
2738	evidence of "clinical educator" training and must successfully
2739	demonstrate effective classroom management strategies that
2740	consistently result in improved student performance. The State
2741	Board of Education shall approve the training requirements.
2742	(c) Preservice field experience programs must provide
2743	specific guidance and demonstration of effective classroom
2744	management strategies, strategies for incorporating technology
2745	into classroom instruction, strategies for incorporating
2746	scientifically researched, knowledge-based reading literacy and
2747	computational skills acquisition into classroom instruction,and
2748	ways to link instructional plans to the Sunshine State
2749	Standards, as appropriate. The length of structured field
2750	experiences may be extended to ensure that candidates achieve
2751	the competencies needed to meet certification requirements.
2752	(d) Postsecondary teacher preparation programs in
2753	cooperation with district school boards and approved private
2754	school associations shall select the school sites for preservice
2755	field experience activities. These sites must represent the full
2756	spectrum of school communities, including, but not limited to,
2757	schools located in urban settings. In order to be selected,
2758	school sites must demonstrate commitment to the education of
2759	public school students and to the preparation of future
2760	teachers.
2761	(7)(6)STANDARDS OF EXCELLENCE.--The State Board of
2762	Education shall approve standards of excellence for teacher
2763	preparation. These standards must exceed the requirements for
2764	program approval pursuant to subsection (4)(3)and must
2765	incorporate state and national recommendations for exemplary
2766	teacher preparation programs.
2767	(8)(7)NATIONAL BOARD STANDARDS.--The State Board of
2768	Education shall review standards and recommendations developed
2769	by the National Board for Professional Teaching Standards and
2770	may incorporate those parts deemed appropriate into criteria for
2771	continued state program approval, standards of excellence, and
2772	requirements for inservice education.
2773	(9)(8)COMMUNITY COLLEGES.--To the extent practical,
2774	postsecondary educational institutions offering teacher
2775	preparation programs shall establish articulation agreements on
2776	a core of liberal arts courses and introductory professional
2777	courses with field experience components which shall be offered
2778	at community colleges.
2779	(10)(9)PRETEACHER AND TEACHER EDUCATION PILOT
2780	PROGRAMS.--State universities and community colleges may
2781	establish preteacher education and teacher education pilot
2782	programs to encourage promising minority students to prepare for
2783	a career in education. These pilot programs shall be designed to
2784	recruit and provide additional academic, clinical, and
2785	counseling support for students whom the institution judges to
2786	be potentially successful teacher education candidates, but who
2787	may not meet teacher education program admission standards.
2788	Priority consideration shall be given to those pilot programs
2789	that are jointly submitted by community colleges and state
2790	universities.
2791	(a) These pilot programs shall be approved by the State
2792	Board of Education and shall be designed to provide help and
2793	support for program participants during the preteacher education
2794	period of general academic preparation at a community college or
2795	state university and during professional preparation in a state-
2796	approved teacher education program. Emphasis shall be placed on
2797	development of the basic skills needed by successful teachers.
2798	(b) State universities and community colleges may admit
2799	into the pilot program those incoming students who demonstrate
2800	an interest in teaching as a career, but who may not meet the
2801	requirements for entrance into an approved teacher education
2802	program.
2803	1. Flexibility may be given to colleges of education to
2804	develop and market innovative teacher training programs directed
2805	at specific target groups such as graduates from the colleges of
2806	arts and sciences, employed education paraprofessionals,
2807	substitute teachers, early federal retirees, and nontraditional
2808	college students. Programs must be submitted to the State Board
2809	of Education for approval.
2810	2. Academically successful graduates in the fields of
2811	liberal arts and science may be encouraged to embark upon a
2812	career in education.
2813	3. Models may be developed to provide a positive initial
2814	experience in teaching in order to encourage retention. Priority
2815	should be given to models that encourage minority graduates.
2816	(c) In order to be certified, a graduate from a pilot
2817	program shall meet all requirements for teacher certification
2818	specified by s. 1012.56. Should a graduate of a pilot program
2819	not meet the requirements of s. 1012.56, that person shall not
2820	be included in the calculations required by paragraph (5)(4)(a)
2821	and State Board of Education rules for continued program
2822	approval, or in the statutes used by the State Board of
2823	Education in deciding which teacher education programs to
2824	approve.
2825	(d) Institutions participating in the pilot program shall
2826	submit an annual report evaluating the success of the program to
2827	the Commissioner of Education by March 1 of each year. The
2828	report shall include, at a minimum,contain, but shall not be
2829	limited to:the number of pilot program participants, including
2830	the number participating in general education and the number
2831	admitted to approved teacher education programs, the number of
2832	pilot program graduates, and the number of pilot program
2833	graduates who met the requirements of s. 1012.56. The
2834	commissioner shall consider the number of participants
2835	recruited, the number of graduates, and the number of graduates
2836	successfully meeting the requirements of s. 1012.56 reported by
2837	each institution, and shall make an annual recommendation to the
2838	State Board of Education regarding the institution's continued
2839	participation in the pilot program.
2840	(11)(10)TEACHER EDUCATION PILOT PROGRAMS FOR HIGH-
2841	ACHIEVING STUDENTS.--Pilot teacher preparation programs may
2842	shall be established with the authorization of the Commissioner
2843	of Education at colleges and universities with state-approved
2844	teacher education programsat the University of Central Florida,
2845	the University of North Florida, and the University of South
2846	Florida. These programs shall include a year-long paid teaching
2847	assignment and competency-based learning experiences and shall
2848	be designed to encourage high-achieving students, as identified
2849	by the institution, to pursue a career in education. Priority
2850	consideration shall be given to students obtaining academic
2851	degrees in mathematics, science, engineering, reading, or
2852	identified critical shortage areas.Students chosen to
2853	participate in the pilot programs shall agree to teach for at
2854	least 31yearsyearafter they receive their degrees. Criteria
2855	for identifying high-achieving students shall be developed by
2856	the institution and shall include, at a minimum, requirements
2857	that the student have a 3.3 grade point average or above and
2858	that the student has demonstrated mastery of general knowledge
2859	pursuant to s. 1012.56. The year-long paid teaching assignment
2860	shall begin after completion of the equivalent of 3 years of the
2861	state university teacher preparation program.
2862	(a) Each pilot program shall be designed to include:
2863	1. A year-long paid teaching assignment at a low-
2864	performingspecifiedschool site during the fourth year of the
2865	state university teacher preparation program, which includes
2866	intense supervision by a support team trained in clinical
2867	education. The support team shall include a state university
2868	supervisor and experienced school-based mentors. A mentor
2869	teacher shall be assigned to each fourth year employed teacher
2870	to implement an individualized learning plan. This mentor
2871	teacher will be considered an adjunct professor for purposes of
2872	this program and may receive credit for time spent as a mentor
2873	teacher in the program. The mentor teacher must have a master's
2874	degree or above, a minimum of 3 years of teaching experience,
2875	and clinical education training or certification by the National
2876	Board forofProfessional Teaching Standards. Experiences and
2877	instruction may be delivered by other mentors, assigned
2878	teachers, professors, individualized learning, and
2879	demonstrations. Students in this paid teaching assignment shall
2880	assume full responsibility of all teaching duties.
2881	2. Professional education curriculum requirements that
2882	address the educator-accomplished practices and other
2883	competencies specified in state board rule.
2884	3. A modified instructional delivery system that provides
2885	onsite training during the paid teaching assignment in the
2886	professional education areas and competencies specified in this
2887	subsection. The institutions participating in this pilot program
2888	shall be given a waiver to provide a modified instructional
2889	delivery system meeting criteria that allows earned credit
2890	through nontraditional approaches. The modified system may
2891	provide for an initial evaluation of the candidate's
2892	competencies to determine an appropriate individualized
2893	professional development plan and may provide for earned credit
2894	by:
2895	a. Internet learning and competency acquisition.
2896	b. Learning acquired by observing demonstrations and being
2897	observed in application.
2898	c. Independent study or instruction by mentor teachers or
2899	adjunct teachers.
2900	4. Satisfactory demonstration of the educator-accomplished
2901	practices and content area competencies for program completion.
2902	5. For program completion, required achievement of passing
2903	scores on all tests required for certification by State Board of
2904	Education rules.
2905	(b) Beginning in July 2003, each institution participating
2906	in the pilot program shall submit to the Commissioner of
2907	Education an annual report evaluating the effectiveness of the
2908	program. The report shall include, but shall not be limited to,
2909	the number of students selected for the pilot program, the
2910	number of students successfully completing the pilot program,
2911	the number of program participants who passed all required
2912	examinations, the number of program participants who
2913	successfully demonstrated all required competencies, and a
2914	followup study to determine the number of pilot program
2915	completers who were employed in a teaching position and
2916	employers' satisfaction with the performance of pilot program
2917	completers based upon student performance.
2918	(c) This subsection shall be implemented to the extent
2919	specifically funded in the General Appropriations Act.
2920	(12)(11)RULES.--The State Board of Education shall adopt
2921	necessary rules pursuant to ss. 120.536(1) and 120.54 to
2922	implement this section.
2923	Section 38. Subsection (1) of section 1006.08, Florida
2924	Statutes, is amended to read:
2925	1006.08 District school superintendent duties relating to
2926	student discipline and school safety.--
2927	(1) The district school superintendent shall recommend
2928	plans to the district school board for the proper accounting for
2929	all students of school age, for the attendance and control of
2930	students at school, andfor the proper attention to health,
2931	safety, and other matters which will best promote the welfare of
2932	students. Each district school superintendent shall fully
2933	support the authority of his or her principals, teachers, and
2934	school bus drivers to remove disobedient, disrespectful,
2935	violent, abusive, uncontrollable, or disruptive students from
2936	the classroom and the school bus and, when appropriate and
2937	available, to place such students in an alternative educational
2938	setting.When the district school superintendent makes a
2939	recommendation for expulsion to the district school board, he or
2940	she shall give written notice to the student and the student' s
2941	parent of the recommendation, setting forth the charges against
2942	the student and advising the student and his or her parent of
2943	the student's right to due process as prescribed by ss. 120.569
2944	and 120.57(2). When district school board action on a
2945	recommendation for the expulsion of a student is pending, the
2946	district school superintendent may extend the suspension
2947	assigned by the principal beyond 10 school days if such
2948	suspension period expires before the next regular or special
2949	meeting of the district school board.
2950	Section 39. Paragraph (a) of subsection (1) of section
2951	1006.09, Florida Statutes, is amended to read:
2952	1006.09 Duties of school principal relating to student
2953	discipline and school safety.--
2954	(1)(a) Subject to law and to the rules of the State Board
2955	of Education and the district school board, the principal in
2956	charge of the school or the principal's designee shall develop
2957	policies for delegating to any teacher or other member of the
2958	instructional staff or to any bus driver transporting students
2959	of the school responsibility for the control and direction of
2960	students. Each school principal shall fully support the
2961	authority of his or her teachers and school bus drivers to
2962	remove disobedient, disrespectful, violent, abusive,
2963	uncontrollable, or disruptive students from the classroom and
2964	the school bus and, when appropriate and available, place such
2965	students in an alternative educational setting.The principal or
2966	the principal's designee must give full consideration toshall
2967	considerthe recommendation for discipline made by a teacher,
2968	other member of the instructional staff, or a bus driver when
2969	making a decision regarding student referral for discipline.
2970	Section 40. Section 1012.05, Florida Statutes, is amended
2971	to read:
2972	1012.05 Teacher recruitment and retention.--
2973	(1) The Department of Education, in cooperation with
2974	teacher organizations, district personnel offices, and schools,
2975	colleges, and departments of alleducation inpublic and
2976	nonpublic postsecondary educational institutions, shall
2977	concentrate on the recruitment of qualified teachers.
2978	(2) The Department of Education shall:
2979	(a) Develop and implement a system for posting teaching
2980	vacancies and establish a database of teacher applicants that is
2981	accessible within and outside the state.
2982	(b) Advertise in major newspapers, national professional
2983	publications, and other professional publications and in public
2984	and nonpublic postsecondary educational institutionsschools of
2985	education.
2986	(c) Utilize state and nationwide toll-free numbers.
2987	(d) Conduct periodic communications with district
2988	personnel directors regarding applicants.
2989	(e) Provide district access to the applicant database by
2990	computer or telephone.
2991	(f) Develop and distribute promotional materials related
2992	to teaching as a career.
2993	(g) Publish and distribute information pertaining to
2994	employment opportunities, application procedures, and all routes
2995	toward teacher certification in Florida, and teacher salaries.
2996	(h) Provide information related to certification
2997	procedures.
2998	(i) Develop and sponsor the Florida Future Educator of
2999	America Program throughout the state.
3000	(j) Develop, in consultation with school district staff
3001	including, but not limited to, district school superintendents,
3002	district school board members, and district human resources
3003	personnel, a long-range plan for educator recruitment and
3004	retention.
3005	(k) Identify best practices for retaining high-quality
3006	teachers.
3007	(l) Develop, in consultation with Workforce Florida, Inc.,
3008	and the Agency for Workforce Innovation, created pursuant to ss.
3009	445.004 and 20.50, respectively, a plan for accessing and
3010	identifying available resources in the state's workforce system
3011	for the purpose of enhancing teacher recruitment and retention.
3012	(m) Develop and implement a First Response Center to
3013	provide educator candidates one-stop shopping for information on
3014	teaching careers in Florida and establish the Teacher Lifeline
3015	Network to provide on-line support to beginning teachers and
3016	those needing assistance.
3017	(3) The Department of Education, in cooperation with
3018	district personnel offices, shall sponsor a job fair in a
3019	central part of the state to match in-state educators and
3020	potential educators and out-of-state educators and potential
3021	educatorswith teaching opportunities in this state.
3022	(4) Subject to proviso in the General Appropriations Act,
3023	the Commissioner of Education may use funds appropriated by the
3024	Legislature and funds from federal grants and other sources to
3025	provide incentives for teacher recruitment and preparation
3026	programs. The purpose of the use of such funds is to recruit and
3027	prepare individuals who do not graduate from state-approved
3028	teacher preparation programs to teach in a Florida public
3029	school. The commissioner may contract with entities other than,
3030	and including, approved teacher preparation programs to provide
3031	intensive teacher training leading to passage of the required
3032	certification exams for the desired subject area or coverage.
3033	The commissioner shall survey school districts to evaluate the
3034	effectiveness of such programs.
3035	Section 41. Section 1012.231, Florida Statutes, is created
3036	to read:
3037	1012.231 BEST Florida Teaching salary career ladder
3038	program; assignment of teachers.--
3039	(1) SALARY CAREER LADDER FOR CLASSROOM
3040	TEACHERS.--Beginning with the 2004-2005 academic year, each
3041	district school board shall implement a salary career ladder for
3042	classroom teachers as defined in s. 1012.01(2)(a). Performance
3043	shall be defined as designated in s. 1012.34(3)(a)1.-7. District
3044	school boards shall designate categories of classroom teachers
3045	reflecting these salary career ladder levels as follows:
3046	(a) Associate teacher.--Classroom teachers in the school
3047	district who have not yet received a professional certificate or
3048	those with a professional certificate who are evaluated as low-
3049	performing teachers.
3050	(b) Professional teacher.--Classroom teachers, in the
3051	school district who have received a professional certificate.
3052	(c) Lead teacher.--Classroom teachers in the school
3053	district who are responsible for leading others in the school as
3054	department chair, lead teacher, grade-level leader, intern
3055	coordinator, or professional development coordinator. Lead
3056	teachers must participate on a regular basis in the direct
3057	instruction of students and serve as faculty for professional
3058	development activities as determined by the State Board of
3059	Education. To be eligible for designation as a lead teacher, a
3060	teacher must demonstrate outstanding performance pursuant to s.
3061	1012.34(3)(a)1.-7. and must have been a "professional teacher"
3062	pursuant to paragraph (b) for at least 1 year.
3063	(d) Mentor teacher.--Classroom teachers in the school
3064	district who serve as regular mentors to other teachers who are
3065	either not performing satisfactorily or who strive to become
3066	more proficient. Mentor teachers must serve as faculty-based
3067	professional development coordinators and regularly demonstrate
3068	and share their expertise with other teachers in order to remain
3069	mentor teachers. Mentor teachers must also participate on a
3070	regular basis in the direct instruction of low-performing
3071	students. To be eligible for designation as a mentor teacher, a
3072	teacher must demonstrate outstanding performance pursuant to s.
3073	1012.34(3)(a)1.-7. and must have been a "lead teacher" pursuant
3074	to paragraph (c) for at least two years.
3075
3076	Promotion of a teacher to a higher level on the salary career
3077	ladder shall be based upon prescribed performance criteria and
3078	not based upon length of service.
3079	(2) TEACHER ASSIGNMENT.--School districts may not assign a
3080	higher percentage than the school district average of first-time
3081	teachers, temporarily certified teachers, teachers in need of
3082	improvement, or out-of-field teachers to schools with above the
3083	school district average of minority and economically
3084	disadvantaged students or schools that are graded "D" or "F."
3085	District school boards are authorized to provide salary
3086	incentives to meet this requirement. No district school board
3087	shall sign a collective bargaining agreement that fails to
3088	provide sufficient incentives to meet this requirement.
3089	(3) STATE BOARD AND SCHOOL DISTRICT PLANS.--The State
3090	Board of Education shall develop a long-range plan to implement
3091	a differentiated pay model for teachers beginning in the 2004-
3092	2005 academic year, based upon the differentiated classroom
3093	teacher categories in subsection (1). No later than December 1,
3094	2003, the State Board of Education shall approve guidelines and
3095	criteria for the district plans. District school boards shall
3096	develop plans to implement the salary career ladder prescribed
3097	in this section and submit these plans to the State Board of
3098	Education by March 1, 2004.
3099	Section 42. Section 1012.27, Florida Statutes, is amended
3100	to read:
3101	1012.27 Public school personnel; powers and duties of
3102	district school superintendent.--The district school
3103	superintendent isshall be responsible, as required herein,for
3104	directing the work of the personnel, subject to the requirements
3105	of this chapter, and in addition the district school
3106	superintendent shall performhave the following duties:
3107	(1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--
3108	(a) Recommend to the district school board duties and
3109	responsibilities which need to be performed and positions which
3110	need to be filled to make possible the development of an
3111	adequate school program in the district.
3112	(b) Recommend minimum qualifications of personnel for
3113	these various positions, and nominate in writing persons to fill
3114	such positions.
3115
3116	The district school superintendent's recommendations for filling
3117	instructional positions at the school level must consider
3118	nominations received from school principals of the respective
3119	schools. Before transferring a teacher who holds a professional
3120	teaching certificate from one school to another, the district
3121	school superintendent shall consult with the principal of the
3122	receiving school and allow the principal to review the teacher's
3123	records and interview the teacher. If, in the judgment of the
3124	principal, students would not benefit from the placement, an
3125	alternative placement may be sought.
3126	(2) COMPENSATION AND SALARY SCHEDULES.--Prepare and
3127	recommend to the district school board for adoption a salary
3128	schedule or salary schedules. The district school superintendent
3129	must recommend a salary schedule for instructional personnel
3130	which bases a portion of each employee's compensation on
3131	performance demonstrated under s. 1012.34. In developing the
3132	recommended salary schedule, the district school superintendent
3133	shall include input from parents, teachers, and representatives
3134	of the business community. Beginning with the 2004-2005 academic
3135	year, the recommended salary schedule for classroom teachers
3136	shall be consistent with the district's career ladder based upon
3137	s. 1012.231.
3138	(3) CONTRACTS AND TERMS OF SERVICE.--Recommend to the
3139	district school board terms for contracting with employees and
3140	prepare such contracts as are approved.
3141	(4) TRANSFER.--Recommend employees for transfer and
3142	transfer any employee during any emergency and report the
3143	transfer to the district school board at its next regular
3144	meeting.
3145	(5) SUSPENSION AND DISMISSAL.--Suspend members of the
3146	instructional staff and other school employees during
3147	emergencies for a period extending to and including the day of
3148	the next regular or special meeting of the district school board
3149	and notify the district school board immediately of such
3150	suspension. When authorized to do so, serve notice on the
3151	suspended member of the instructional staff of charges made
3152	against him or her and of the date of hearing. Recommend
3153	employees for dismissal under the terms prescribed herein.
3154	(6) DIRECT WORK OF EMPLOYEES AND SUPERVISE
3155	INSTRUCTION.--Direct or arrange for the proper direction and
3156	improvement, under rules of the district school board, of the
3157	work of all members of the instructional staff and other
3158	employees of the district school system, supervise or arrange
3159	under rules of the district school board for the supervision of
3160	instruction in the district, and take such steps as are
3161	necessary to bring about continuous improvement.
3162	Section 43. Subsections (1), (2), (3), (4), and (5) of
3163	section 1012.56, Florida Statutes, are amended to read:
3164	1012.56 Educator certification requirements.--
3165	(1) APPLICATION.--Each person seeking certification
3166	pursuant to this chapter shall submit a completed application
3167	containing the applicant's social security number to the
3168	Department of Education and remit the fee required pursuant to
3169	s. 1012.59 and rules of the State Board of Education. Pursuant
3170	to the federal Personal Responsibility and Work Opportunity
3171	Reconciliation Act of 1996, each party is required to provide
3172	his or her social security number in accordance with this
3173	section. Disclosure of social security numbers obtained through
3174	this requirement isshall belimited to the purpose of
3175	administration of the Title IV-D program of the Social Security
3176	Act for child support enforcement. Pursuant to s. 120.60, the
3177	department shall issue within 90 calendar days after the stamped
3178	receipted date of the completed application:
3179	(a) A certificate covering the classification, level, and
3180	area for which the applicant is deemed qualified; or
3181	(b) An official statement of status of eligibility. The
3182	statement of status of eligibility must advise the applicant of
3183	any qualifications that must be completed to qualify for
3184	certification. Each statement of status of eligibility is valid
3185	for 32years after its date of issuance, except as provided in
3186	paragraph (2)(d). A statement of status of eligibility may be
3187	reissued for one additional 2-year period if application is made
3188	while the initial statement of status of eligibility is valid or
3189	within 1 year after the initial statement expires, and if the
3190	certification subject area is authorized to be issued by the
3191	state board at the time the application requesting a reissued
3192	statement of status of eligibility is received.
3193	(2) ELIGIBILITY CRITERIA.--To be eligible to seek
3194	certification pursuant to this chapter, a person must:
3195	(a) Be at least 18 years of age.
3196	(b) File a written statement, under oath, that the
3197	applicant subscribes to and will uphold the principles
3198	incorporated in the Constitution of the United States and the
3199	Constitution of the State of Florida.
3200	(c) Document receipt of a bachelor's or higher degree from
3201	an accredited institution of higher learning, or a nonaccredited
3202	institution of higher learning that the Department of Education
3203	has identified as having a quality program resulting in a
3204	bachelor's degree, or higher. Each applicant seeking initial
3205	certification must have attained at least a 2.5 overall grade
3206	point average on a 4.0 scale in the applicant's major field of
3207	study. The applicant may document the required education by
3208	submitting official transcripts from institutions of higher
3209	education or by authorizing the direct submission of such
3210	official transcripts through established electronic network
3211	systems. The bachelor's or higher degree may not be required in
3212	areas approved in rule by the State Board of Education as
3213	nondegreed areas.
3214	(d) Submit to a fingerprint check from the Department of
3215	Law Enforcement and the Federal Bureau of Investigation pursuant
3216	to s. 1012.32. If the fingerprint reports indicate a criminal
3217	history or if the applicant acknowledges a criminal history, the
3218	applicant's records shall be referred to the Bureau of Educator
3219	Standards for review and determination of eligibility for
3220	certification. If the applicant fails to provide the necessary
3221	documentation requested by the Bureau of Educator Standards
3222	within 90 days after the date of the receipt of the certified
3223	mail request, the statement of eligibility and pending
3224	application shall become invalid.
3225	(e) Be of good moral character.
3226	(f) Be competent and capable of performing the duties,
3227	functions, and responsibilities of an educator.
3228	(g) Demonstrate mastery of general knowledge, pursuant to
3229	subsection (3).
3230	(h) Demonstrate mastery of subject area knowledge,
3231	pursuant to subsection(4).
3232	(i) Demonstrate mastery of professional preparation and
3233	education competence, pursuant to subsection (5).
3234	(3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
3235	demonstrating mastery of general knowledge are:
3236	(a) Achievement of passing scores on basic skills
3237	examination required by state board rule;
3238	(b) Achievement of passing scores on the College Level
3239	Academic Skills Test earned prior to July 1, 2002;
3240	(c) A valid professionalstandard teaching certificate
3241	issued by another state that requires an examination of mastery
3242	of general knowledge;
3243	(d) A valid standard teaching certificate issued by
3244	another state andvalid certificate issued by the National Board
3245	for Professional Teaching Standards; or
3246	(e) Documentation of two semesters of successful teaching
3247	in a community college, state university, or private college or
3248	university that awards an associate or higher degree and is an
3249	accredited institution or an institution of higher education
3250	identified by the Department of Education as having a quality
3251	program.A valid standard teaching certificate issued by another
3252	state and documentation of 2 years of continuous successful
3253	full-time teaching or administrative experience during the 5-
3254	year period immediately preceding the date of application for
3255	certification.
3256	(4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
3257	of demonstrating mastery of subject area knowledge are:
3258	(a) Achievement of passing scores on subject area
3259	examinations required by state board rule;
3260	(b) Completion of the subject area specialization
3261	requirements specified in state board rule and verification of
3262	the attainment of the essential subject matter competencies by
3263	the district school superintendent of the employing school
3264	district or chief administrative officer of the employing state-
3265	supported or private school for a subject area for which a
3266	subject area examination has not been developed and required by
3267	state board rule;
3268	(c) Completion of the graduate levelsubject area
3269	specialization requirements specified in state board rule for a
3270	subject coverage requiring a master's or higher degree and
3271	achievement of a passing score on the subject area examination
3272	specified in state board rule;
3273	(d) A valid professionalstandard teaching certificate
3274	issued by another state that requires an examination of mastery
3275	of subject area knowledge; or
3276	(e) A valid standard teaching certificate issued by
3277	another state andvalid certificate issued by the National Board
3278	for Professional Teaching Standards.; or
3279	(f) A valid standard teaching certificate issued by
3280	another state and documentation of 2 years of continuous
3281	successful full-time teaching or administrative experience
3282	during the 5-year period immediately preceding the date of
3283	application for certification.
3284	(5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
3285	COMPETENCE.--Acceptable means of demonstrating mastery of
3286	professional preparation and education competence are:
3287	(a) Completion of an approved teacher preparation program
3288	at a postsecondary educational institution within this state and
3289	achievement of a passing score on the professional education
3290	competency examination required by state board rule;
3291	(b) Completion of a teacher preparation program at a
3292	postsecondary educational institution outside Florida and
3293	achievement of a passing score on the professional education
3294	competency examination required by state board rule;
3295	(c) A valid professionalstandard teaching certificate
3296	issued by another state that requires an examination of mastery
3297	of professional education competence;
3298	(d) A valid standard teaching certificate issued by
3299	another state andvalid certificate issued by the National Board
3300	for Professional Teaching Standards;
3301	(e) Documentation of two semesters of successful teaching
3302	in a community college, state university, or private college or
3303	university that awards an associate or higher degree and is an
3304	accredited institution or an institution of higher education
3305	identified by the Department of Education as having a quality
3306	programA valid standard teaching certificate issued by another
3307	state and documentation of 2 years of continuous successful
3308	full-time teaching or administrative experience during the 5-
3309	year period immediately preceding the date of application for
3310	certification;
3311	(f) Completion of professional preparation courses as
3312	specified in state board rule, successful completion of a
3313	professional education competence demonstration program pursuant
3314	to paragraph (7)(b), and achievement of a passing score on the
3315	professional education competency examination required by state
3316	board rule; or
3317	(g) Successful completion of a professional preparation
3318	alternative certification and education competency program,
3319	outlined in paragraph (7)(a).
3320	Section 44. Subsection (1) of section 1012.57, Florida
3321	Statutes, is amended to read:
3322	1012.57 Certification of adjunct educators.--
3323	(1) Notwithstanding the provisions of ss. 1012.32,
3324	1012.55, and 1012.56, or any other provision of law or rule to
3325	the contrary, district school boards shall adopt rules to allow
3326	for the issuance ofmay issuean adjunct teaching certificate to
3327	any applicant who fulfills the requirements of s. 1012.56(2)(a)-
3328	(f) and who has expertise in the subject area to be taught. An
3329	applicant shall be considered to have expertise in the subject
3330	area to be taught if the applicant has at least a minor in the
3331	subject area or demonstrates sufficient subject area mastery
3332	through passage of a subject area testas determined by district
3333	school board policy. The adjunct teaching certificate shall be
3334	used for part-time teaching positions. The intent of this
3335	provision is to allow school districts to tap the wealth of
3336	talent and expertise represented in Florida's citizens who may
3337	wish to teach part-time in a Florida public school by permitting
3338	school districts to issue adjunct certificates to qualified
3339	applicants. Adjunct certificateholders should be used as a
3340	strategy to reduce the teacher shortage; thus, adjunct
3341	certificateholders should supplement a school's instructional
3342	staff, not supplant it. Each school principal shall assign an
3343	experienced peer mentor to assist the adjunct teaching
3344	certificateholder during the certificateholder's first year of
3345	teaching, and an adjunct certificateholder may participate in a
3346	district's new teacher training program. District school boards
3347	shall provide the adjunct teaching certificateholder an
3348	orientation in classroom management prior to assigning the
3349	certificateholder to a school. Each adjunct teaching certificate
3350	is valid for 5 school years and is renewable if:
3351	(a) The applicant completes a minimum of 60 inservice
3352	points or 3 semester hours of college credit. The earned credits
3353	must include instruction in classroom management, district
3354	school board procedures, school culture, and other activities
3355	that enhance the professional teaching skills of the
3356	certificateholder.
3357	(b)the applicant has received satisfactory performance
3358	evaluations during each year of teaching under adjunct teaching
3359	certification.
3360	Section 45. Paragraph (a) of subsection (1), subsection
3361	(2), and paragraph (a) of subsection (3) of section 1012.585,
3362	Florida Statutes, are amended to read:
3363	1012.585 Process for renewal of professional
3364	certificates.--
3365	(1)(a) District school boards in this stateshall renew
3366	state-issued professional certificates as follows:
3367	1. Each district school board shall renew state-issued
3368	professional certificates for individuals who hold a state-
3369	issued professional certificate by this stateand are employed
3370	by that district pursuant to criteria established in subsections
3371	(2), (3), and (4) and rules of the State Board of Education.
3372	2. The employing school district may charge the individual
3373	an application fee not to exceed the amount charged by the
3374	Department of Education for such services, including associated
3375	late renewal fees. Each district school board shall transmit
3376	monthly to the department a fee in an amount established by the
3377	State Board of Education for each renewed certificate. The fee
3378	shall not exceed the actual cost for maintenance and operation
3379	of the statewide certification database and for the actual costs
3380	incurred in printing and mailing such renewed certificates. As
3381	defined in current rules of the state board, the department
3382	shall contribute a portion of such fee for purposes of funding
3383	the Educator Recovery Network established in s. 1012.798. The
3384	department shall deposit all funds into the Educational
3385	Certification Trust Fund for use as specified in s. 1012.59.
3386	(2)(a) All professional certificates, except a
3387	nonrenewable professional certificate, shall be renewable for
3388	successive periods not to exceed 5 years after the date of
3389	submission of documentation of completion of the requirements
3390	for renewal provided in subsection (3). Only one renewal may be
3391	granted during each 5-year validity period of a professional
3392	certificate.
3393	(b) A teacher with national certification from the
3394	National Board for Professional Teaching Standards is deemed to
3395	meet state renewal requirements for the life of the teacher's
3396	national certificate in the subject shown on the national
3397	certificate. A complete renewal application and fee shall be
3398	submitted. The Commissioner of Education shall notify teachers
3399	of the renewal application and fee requirements.
3400	(c) If the renewal application form is not received by the
3401	department or by the employing school district before the
3402	expiration of the professional certificate, the application
3403	form, application fee, and a late fee must be submitted before
3404	July 1 of the year following expiration of the certificate in
3405	order to renew the professional certificate.
3406	(d) The State Board of Education shall adopt rules to
3407	allow a 1-year extension of the validity period of a
3408	professional certificate in the event of serious illness,
3409	injury, or other extraordinary extenuating circumstances of the
3410	applicant. The department shall grant such 1-year extension upon
3411	written request by the applicant or by the district school
3412	superintendent or the governing authority of a university lab
3413	school, state-supported school, or private school that employs
3414	the applicant.
3415	(3) For the renewal of a professional certificate, the
3416	following requirements must be met:
3417	(a) The applicant must earn a minimum of 6 college credits
3418	or 120 inservice points or a combination thereof. For each area
3419	of specialization to be retained on a certificate, the applicant
3420	must earn at least 3 of the required credit hours or equivalent
3421	inservice points in the specialization area. Education in
3422	"clinical educator" training pursuant to s. 1004.04(6)(b)
3423	1004.04(5)(b)and credits or points that provide training in the
3424	area of scientifically researched, knowledge-based reading
3425	literacy and computational skills acquisition,exceptional
3426	student education, normal child development, and the disorders
3427	of development may be applied toward any specialization area.
3428	Credits or points that provide training in the areas of drug
3429	abuse, child abuse and neglect, strategies in teaching students
3430	having limited proficiency in English, or dropout prevention, or
3431	training in areas identified in the educational goals and
3432	performance standards adopted pursuant to ss. 1000.03(5) and
3433	1001.23 may be applied toward any specialization area. Credits
3434	or points earned through approved summer institutes may be
3435	applied toward the fulfillment of these requirements. Inservice
3436	points may also be earned by participation in professional
3437	growth components approved by the State Board of Education and
3438	specified pursuant to s. 1012.98 in the district's approved
3439	master plan for inservice educational training, including, but
3440	not limited to, serving as a trainer in an approved teacher
3441	training activity, serving on an instructional materials
3442	committee or a state board or commission that deals with
3443	educational issues, or serving on an advisory council created
3444	pursuant to s. 1001.452.
3445	Section 46. Section 1012.586, Florida Statutes, is created
3446	to read:
3447	1012.586 Additions or changes to certificates; duplicate
3448	certificates.--A school district may process via a Department of
3449	Education website certificates for the following applications of
3450	public school employees:
3451	(1) Addition of a subject coverage or endorsement to a
3452	valid Florida certificate on the basis of the completion of the
3453	appropriate subject area testing requirements of s.
3454	1012.56(4)(a) or the completion of the requirements of an
3455	approved school district program or the inservice components for
3456	an endorsement.
3457	(2) A reissued certificate to reflect a name change.
3458	(3) A duplicate certificate to replace a lost or damaged
3459	certificate.
3460
3461	The employing school district shall charge the employee a fee
3462	not to exceed the amount charged by the Department of Education
3463	for such services. Each district school board shall retain a
3464	portion of the fee as defined in the rules of the State Board of
3465	Education. The portion sent to the department shall be used for
3466	maintenance of the technology system, the web application, and
3467	posting and mailing of the certificate.
3468	Section 47. Subsection (2), paragraph (b) of subsection
3469	(3), and subsections (5), (6),(7), (8), (9), (10), and (11) of
3470	section 1012.98, Florida Statutes, are amended to read:
3471	1012.98 School Community Professional Development Act.--
3472	(2) The school community includes students and parents,
3473	administrative personnel, managers, instructional personnel,
3474	support personnel, members of district school boards, members of
3475	school advisory councils, parents,business partners, and
3476	personnel that provide health and social services to students
3477	school children. School districts may identify and include
3478	additional members of the school community in the professional
3479	development activities required by this section.
3480	(3) The activities designed to implement this section
3481	must:
3482	(b) Assist the school community in providing stimulating,
3483	scientifically research-basededucational activities that
3484	encourage and motivate students to achieve at the highest levels
3485	and to become active learners.
3486	(5)(a) The Department of Education shall provide a system
3487	for the recruitment, preparation, and professional development
3488	of school administrative personnel. This system shall:
3489	1. Identify the knowledge, competencies, and skills
3490	necessary for effective school management and instructional
3491	leadership that align with student performance standards and
3492	accountability measures.
3493	2. Include performance evaluation methods.
3494	3. Provide for alternate means for preparation of school
3495	administrative personnel which may include programs designed by
3496	school districts and postsecondary educational institutions
3497	pursuant to guidelines developed by the commissioner. Such
3498	preparation programs shall be approved by the Department of
3499	Education.
3500	4. Provide for the hiring of qualified out-of-state school
3501	administrative personnel.
3502	5. Provide advanced educational opportunities for school-
3503	based instructional leaders.
3504	(b) The Commissioner of Education shall appoint a task
3505	force that includes a district school superintendent, a district
3506	school board member, a principal, an assistant principal, a
3507	teacher, a dean of a college of education, and parents. The task
3508	force shall convene periodically to provide recommendations to
3509	the department in the areas of recruitment, certification,
3510	preparation, professional development, and evaluation of school
3511	administrators.
3512	(5)(6)Each district school board shall provide funding
3513	for the professional development system as required by s.
3514	1011.62 and the General Appropriations Act, and shall direct
3515	expenditures from other funding sources to strengthen the system
3516	and make it uniform and coherent. A school district may
3517	coordinate its professional development program with that of
3518	another district, with an educational consortium, or with a
3519	community college or university, especially in preparing and
3520	educating personnel. Each district school board shall make
3521	available inservice activities to instructional personnel of
3522	nonpublic schools in the district and the state certified
3523	teachers who are not employed by the district school board on a
3524	fee basis not to exceed the cost of the activity per all
3525	participants.
3526	(6)(7)An organization of private schools which has no
3527	fewer than 10 member schools in this state, which publishes and
3528	files with the Department of Education copies of its standards,
3529	and the member schools of which comply with the provisions of
3530	part II of chapter 1003, relating to compulsory school
3531	attendance, may also develop aprofessional development system
3532	that includes a master plan for inservice activities. The system
3533	and inservice plan must be submitted to the commissioner for
3534	approval pursuant to rules of the State Board of Education.
3535	(7)(8)The Department of Education shall design methods by
3536	which the state and district school boards may evaluate and
3537	improve the professional development system. The evaluation must
3538	include an annual assessment of data that indicate progress or
3539	lack of progress of all students. If the review of the data
3540	indicates progress, the department shall identify the best
3541	practices that contributed to the progress. If the review of the
3542	data indicates a lack of progress, the department shall
3543	investigate the causes of the lack of progress, provide
3544	technical assistance, and require the school district to employ
3545	a different approach to professional development. The department
3546	shall report annually to the State Board of Education and the
3547	Legislature any school district that, in the determination of
3548	the department, has failed to provide an adequate professional
3549	development system. This report must include the results of the
3550	department's investigation and of any intervention provided.
3551	(8)(9)The State Board of Education may adopt rules
3552	pursuant to ss. 120.536(1) and 120.54 to administer this
3553	section.
3554	(9)(10)This section does not limit or discourage a
3555	district school board from contracting with independent entities
3556	for professional development services and inservice education if
3557	the district school board can demonstrate to the Commissioner of
3558	Educationbelievesthat, through such a contract, a better
3559	product can be acquired or its goals for education improvement
3560	can be better met.
3561	(10)(11)For teachers, managers, and administrative
3562	personnel who have been evaluated as less than satisfactory, a
3563	district school board shall require participation in specific
3564	professional development programs as part of the improvement
3565	prescription.
3566	Section 48. Paragraph (b) of subsection (1) of section
3567	1009.531, Florida Statutes, is amended to read:
3568	1009.531 Florida Bright Futures Scholarship Program;
3569	student eligibility requirements for initial awards.--
3570	(1) To be eligible for an initial award from any of the
3571	three types of scholarships under the Florida Bright Futures
3572	Scholarship Program, a student must:
3573	(b) Earn a standard Florida high school diploma or its
3574	equivalent as described in s. 1003.429, s. 1003.43, or s.
3575	1003.4351003.45unless:
3576	1. The student is enrolled full time in the early
3577	admission program of an eligible postsecondary education
3578	institution or completes a home education program according to
3579	s. 1002.41; or
3580	2. The student earns a high school diploma from a non-
3581	Florida school while living with a parent or guardian who is on
3582	military or public service assignment away from Florida.
3583	Section 49. Part VIII of chapter 159, Florida Statutes,
3584	consisting of sections 159.831, 159.832, 159.833, 159.834, and
3585	159.835, is created to read:
3586	159.831 Short title.--This part may be cited as the
3587	"Florida Qualified Public Educational Facilities Private
3588	Activity Bond Allocation Act."
3589	159.832 Purpose.--The purpose of this part is to allocate
3590	the state volume limitation imposed by s. 142(k)(5)(A) of the
3591	code on private activity bonds to finance qualified public
3592	educational facilities. No private activity bond subject to the
3593	limitation in s. 142(k)(5)(A) of the code shall be issued in
3594	this state unless a written confirmation therefor is issued
3595	pursuant to this part.
3596	159.833 Definitions.--As used in this part, the term:
3597	(1) "Board" means the State Board of Education, created
3598	pursuant to Section 2, Article IX of the State Constitution.
3599	(2) "Code" means the Internal Revenue Code of 1986, as
3600	amended, and the regulations and rulings issued thereunder.
3601	(3) "Commissioner" means the Commissioner of Education.
3602	(4) "Department" means the Department of Education,
3603	created pursuant to s. 20.15.
3604	(5) "Issued" has the same meaning as in the code.
3605	(6) "Private activity bond" means any bond described in s.
3606	141 of the code.
3607	(7) "Qualified Public Educational Facility" means a
3608	facility described in s. 142(k)(1) of the code.
3609	159.834 Allocation of state volume limitation.--
3610	(1) By February 1, 2004, the board shall establish a
3611	program for allocating the state volume limitation imposed by s.
3612	142(k)(5)(A) of the code on private activity bonds to finance
3613	qualified public educational facilities. Such program shall
3614	include objective criteria to be considered in determining
3615	whether to grant a request for such volume limitation,
3616	including, but not limited to, the need for a qualified public
3617	educational facility in the area proposed in the application,
3618	the number of students to be served by such facility, and the
3619	cost effectiveness of the proposed facility. The program shall
3620	be administered by the department.
3621	(2) The department shall annually determine the amount of
3622	private activity bonds for qualified public educational
3623	facilities permitted to be issued in this state under s. 142
3624	(k)(5) of the code and shall make such information available
3625	upon request to any person or agency.
3626	(3) The department shall ensure that any volume limitation
3627	unused at the end of each calendar year is carried forward
3628	pursuant to s. 142(k)(5)(B)(ii) of the code.
3629	(4) The commissioner shall sign any certificate required
3630	by the code relating to the allocation of the state volume
3631	limitation on private activity bonds to finance qualified public
3632	educational facilities.
3633	159.835 Rules.--The board and the department shall adopt
3634	any rules necessary to ensure the orderly implementation and
3635	administration of this act.
3636	Section 50. Paragraph (c) of subsection (1) of section
3637	1012.22, Florida Statutes, is amended to read:
3638	1012.22 Public school personnel; powers and duties of the
3639	district school board.--The district school board shall:
3640	(1) Designate positions to be filled, prescribe
3641	qualifications for those positions, and provide for the
3642	appointment, compensation, promotion, suspension, and dismissal
3643	of employees as follows, subject to the requirements of this
3644	chapter:
3645	(c) Compensation and salary schedules.--
3646	1. The district school board shall adopt a salary schedule
3647	or salary schedules designed to furnish incentives for
3648	improvement in training and for continued efficient service to
3649	be used as a basis for paying all school employees and fix and
3650	authorize the compensation of school employees on the basis
3651	thereof.
3652	2. A district school board, in determining the salary
3653	schedule for instructional personnel, must base a portion of
3654	each employee's compensation on performance demonstrated under
3655	s. 1012.34, must consider the prior teaching experience of a
3656	person who has been designated state teacher of the year by any
3657	state in the United States, and must consider prior professional
3658	experience in the field of education gained in positions in
3659	addition to district level instructional and administrative
3660	positions.
3661	3. In developing the salary schedule, the district school
3662	board shall seek input from parents, teachers, and
3663	representatives of the business community.
3664	4. Beginning with the 2002-2003 fiscal year, each district
3665	school board must adopt a performance-pay policy for school
3666	administrators and instructional personnel. The district's
3667	performance-pay policy is subject to negotiation as provided in
3668	chapter 447; however, the adopted salary schedule must allow
3669	school administrators and instructional personnel who
3670	demonstrate outstanding performance, as measured under s.
3671	1012.34, to earn a 5-percent supplement in addition to their
3672	individual, negotiated salary. The supplements shall be funded
3673	from the performance-pay reserve funds adopted in the salary
3674	schedule. Beginning with the 2004-2005 academic year, the
3675	district's 5-percent performance-pay policy must provide for the
3676	evaluation of classroom teachers within each level of the salary
3677	career ladder provided in s. 1012.231.The Commissioner of
3678	Education shall determine whether the district school board's
3679	adopted salary schedule complies with the requirement for
3680	performance-based pay. If the district school board fails to
3681	comply with this section, the commissioner shall withhold
3682	disbursements from the Educational Enhancement Trust Fund to the
3683	district until compliance is verified.
3684	Section 51. Section 1012.987, Florida Statutes, is created
3685	to read:
3686	1012.987 Education leadership development.--The State
3687	Board of Education shall adopt rules through which school
3688	principals may earn a principal leadership designation based on
3689	teacher retention, overall student performance, and school
3690	grade.
3691	Section 52. (1) In order to ensure that the construction
3692	of new and expanded education facilities provides the best long-
3693	term value, school districts shall compare the following life-
3694	cycle costs of materials used by competing providers when
3695	constructing or expanding school capacity:
3696	(a) The anticipated annual energy consumption;
3697	(b) The relative resistance to damage by wind loads and
3698	associated debris;
3699	(c) The resistance to wood-destroying organisms;
3700	(d) The perpetual maintenance costs;
3701	(e) The resistance to fire; and
3702	(f) A comparison of the annual insurance costs.
3703	(2) School districts may rely on the information provided
3704	by contractors if the contractor's analysis is based on the best
3705	currently available methods, including those of the National
3706	Institute of Standards and Technology, the Department of Housing
3707	and Urban Development, and other federal and state agencies and
3708	technical or professional societies.
3709	Section 53. If any provision of this act or its
3710	application to any person or circumstance is held invalid, the
3711	invalidity does not affect other provisions or applications of
3712	the act which can be given effect without the invalid provision
3713	or application, and to this end the provisions of this act are
3714	severable.
3715	Section 54. If any law that is amended by this act was
3716	also amended by a law enacted at the 2003 Regular Session of the
3717	Legislature, such laws shall be construed as if they had been
3718	enacted during the same session of the Legislature, and full
3719	effect should be given to each if that is possible.
3720	Section 55. Except as otherwise expressly provided in this
3721	act, this act shall take effect July 1, 2003, and the changes
3722	effected by this act to the Deferred Retirement Option Program
3723	shall take effect June 1, 2003.