HB 0049A 2003
1	A bill to be entitled
2	An act relating to education; amending s. 17.076, F.S.;
3	providing an exception to a public-records exemption;
4	amending s. 20.055, F.S.; deleting a reference to the
5	Board of Regents; amending s. 24.121, F.S.; correcting a
6	cross-reference; amending s. 110.161, F.S.; including
7	employees of state universities in a definition for
8	purposes of a pretax benefits program; amending s.
9	112.215, F.S.; including employees of state university
10	boards of trustees in definition for purposes of the
11	deferred compensation program; amending s. 145.19, F.S.;
12	adding a cross-reference; providing for superintendent's
13	annual performance salary incentive to be added to
14	adjusted salary rate; amending s. 159.27, F.S.;
15	redesignating a developmental research school as a lab
16	school; amending s. 212.055, F.S.; deleting references to
17	the Florida Frugal Schools Program; amending s. 216.136,
18	F.S.; deleting reference to Chancellor of the State
19	University System, Executive Director of the State Board
20	of Community Colleges, and State Board of Nonpublic Career
21	Education; providing that the executive director of the
22	Commission for Independent Education is a member of the
23	Workforce Estimating Conference; amending s. 250.10, F.S.;
24	deleting a reference to the State Board of Community
25	Colleges; amending s. 287.064, F.S.; authorizing state
26	universities to continue to participate in the
27	consolidated equipment financing program; amending s.
28	316.615, F.S; replacing reference to the Commissioner of
29	Education with State Board of Education for purpose of
30	rulemaking; amending s. 402.305, F.S.; replacing reference
31	to the Department of Education with State Board of
32	Education for purpose of rulemaking; amending s. 409.1451,
33	F.S.; correcting a cross-reference; amending s. 440.38,
34	F.S.; including state universities as self-insurers for
35	purposes of workers compensation; amending ss. 445.012 and
36	445.0122, F.S.; deleting a reference to the Articulation
37	Coordinating Committee; providing for agreement of the
38	State Board of Education; amending s. 445.0123, F.S.;
39	deleting a reference to the State Board of Independent
40	Colleges and Universities and the State Board of Nonpublic
41	Career Education; requiring licensure of certain
42	postsecondary education institutions by the Commission for
43	Independent Education for determining eligibility for
44	certain students; amending s. 445.0124, F.S.; deleting a
45	reference to the Articulation Coordinating Committee;
46	providing for agreement of the State Board of Education;
47	amending ss. 455.2125 and 456.028, F.S.; deleting
48	reference to the State Board of Independent Colleges and
49	Universities, the State Board of Nonpublic Career
50	Education, and the State Board of Community Colleges;
51	requiring consultation with the Commission for Independent
52	Education and the State Board of Education; amending s.
53	458.347, F.S.; replacing a reference to State Board of
54	Community Colleges with State Board of Education; amending
55	s. 467.009, F.S.; deleting a reference to the licensing
56	authority of the State Board of Nonpublic Career
57	Education; providing licensing authority of the Commission
58	for Independent Education; amending s. 488.01, F.S.;
59	deleting a reference to the State Board of Nonpublic
60	Career Education; requiring a license from the Commission
61	for Independent Education for operating certain driver's
62	schools; amending s. 489.125, F.S.; replacing a reference
63	to the Commissioner of Education with State Board of
64	Education for purpose of rulemaking; amending s. 784.081,
65	F.S.; redesignating a developmental research school as a
66	lab school; amending ss. 817.566 and 817.567, F.S.;
67	correcting cross-references; deleting a reference to the
68	State Board of Independent Colleges and Universities;
69	providing licensing authority of the Commission for
70	Independent Education; amending s. 943.17, F.S.; replacing
71	a reference to the Department of Education with State
72	Board of Education for purpose of rulemaking; amending s.
73	943.22, F.S.; replacing a reference to accreditation by
74	the Accrediting Commission for Independent Colleges and
75	Schools with the Accrediting Council for Independent
76	Colleges and Schools; amending s. 1000.04, F.S.;
77	correcting reference to technical centers; amending s.
78	1001.26, F.S.; correcting a cross-reference; amending s.
79	1001.32, F.S.; deleting a reference to the rulemaking
80	authority of the Commissioner of Education; amending s.
81	1001.372, F.S.; correcting a cross-reference; amending s.
82	1001.42, F.S.; correcting a cross-reference; amending s.
83	1001.47, F.S.; providing calculation methodology for
84	salary for elected district school superintendents based
85	on county population; amending s. 1001.50, F.S.;
86	eliminating age as a criterion of compensation for
87	district school superintendents; amending s. 1001.51,
88	F.S.; deleting a reference to patrons; amending s.
89	1001.74, F.S.; adding a cross-reference relating to pretax
90	benefits for state university employees; amending ss.
91	1002.01 and 1002.20, F.S.; correcting a cross-reference;
92	amending s. 1002.32, F.S.; redesignating a developmental
93	research school as a lab school; correcting a cross-
94	reference; amending s. 1002.33, F.S.; correcting a
95	reference to federal law; deleting conflicting provisions
96	relating to charter school facilities; requiring certain
97	compliance for transportation of charter school students;
98	deleting provisions governing an obsolete pilot program;
99	amending s. 1002.42, F.S.; correcting cross-references;
100	amending s. 1002.43, F.S.; providing a reference to
101	regular school attendance; correcting a cross-reference;
102	amending s. 1003.22, F.S.; providing a reference to
103	prekindergarten; amending s. 1003.43, F.S.; deleting a
104	reference to waiver authority of the State Board of
105	Education; correcting date and name of the Korean
106	Conflict; amending s. 1003.52, F.S.; correcting a cross-
107	reference; amending s. 1003.63, F.S.; deleting reference
108	to the waiver authority of the State Board of Education;
109	amending s. 1004.24, F.S.; deleting an obsolete reference
110	to postaudit of financial accounts; providing for a
111	financial audit pursuant to s. 11.45, F.S.; amending s.
112	1004.26, F.S.; conforming university oversight of student
113	government; amending s. 1004.445, F.S.; deleting an
114	obsolete reference to postaudit of financial accounts;
115	providing for a financial audit pursuant to s. 11.45,
116	F.S.; amending s. 1005.04, F.S.; correcting punctuation;
117	amending s. 1006.14, F.S.; correcting punctuation;
118	amending s. 1006.21, F.S.; omitting references to
119	regulations; amending s. 1007.21, F.S.; conforming
120	references to parent or guardian; amending s. 1008.22,
121	F.S.; revising provisions relating to passing scores for
122	students taking the FCAT for the first time; amending s.
123	1008.25, F.S.; providing an exemption from retention for
124	certain grade 3 students with disabilities; revising a
125	reporting date; amending s. 1008.32, F.S.; requiring the
126	Commissioner of Education to report determinations of
127	probable cause; amending s. 1008.37, F.S.; correcting a
128	reporting date; amending s. 1009.21, F.S.; revising
129	provisions relating to determination of resident status
130	for tuition purposes; providing for reclassification;
131	amending s. 1009.24, F.S.; providing that nonresident
132	student fees must be sufficient to defray costs of
133	undergraduate education; amending s. 1009.29, F.S.;
134	correcting a reference to the number of state
135	universities; amending s. 1009.531, F.S.; including
136	International General Certificate of Secondary Education
137	and Advanced International Certificate of Education
138	courses in courses that are weighted for purposes of
139	determining initial eligibility for a Florida Bright
140	Futures Scholarship; amending s. 1009.532, F.S.; providing
141	for a one-time restoration of a scholarship award;
142	amending ss. 1009.534 and 1009.535, F.S.; including
143	Advanced International Certificate of Education students
144	as eligible for a Florida Academic Scholars award or a
145	Florida Medallion Scholars award; amending s. 1009.536,
146	F.S., relating to the Florida Gold Seal Vocational
147	Scholars award, to conform; amending ss. 1009.58 and
148	1009.61, F.S.; redesignating a developmental research
149	school as a lab school; amending ss. 1009.765 and 1009.77,
150	F.S.; replacing a reference to the Department of Education
151	with the State Board of Education for purpose of
152	rulemaking; creating s. 1010.10, F.S.; creating the
153	Florida Uniform Management of Institutional Funds Act;
154	providing definitions; providing for expenditure of
155	endowment funds by a governing board; providing for a
156	standard of conduct; providing investment authority;
157	providing for delegation of investment management;
158	providing for investment costs; providing for release of
159	restrictions on use or investment; providing for
160	uniformity of application and construction; providing for
161	retroactive effect; amending s. 1010.215, F.S.; replacing
162	a reference to revenues with funds; amending s. 1010.75,
163	F.S.; providing for disbursement of fees from the Teacher
164	Certification Examination Trust Fund; amending ss. 1011.24
165	and 1011.47, F.S.; redesignating developmental research
166	schools as lab schools; amending s. 1011.60, F.S.;
167	deleting a nonexistent cross-reference; authorizing a
168	decrease in days of instruction for certain students;
169	amending s. 1011.62, F.S.; redesignating a developmental
170	research school as a lab school; deleting a reference to
171	high school competency test; providing a reference to
172	performance grade category; amending s. 1011.70, F.S.;
173	changing references from the Department of Education to
174	the Agency for Health Care Administration; redesignating
175	developmental research schools as lab schools; authorizing
176	lab schools to participate in Medicaid certified school
177	match program on the same basis as school districts;
178	amending s. 1011.765, F.S.; requiring the Consortium of
179	Florida Education Foundations to administer funds
180	appropriated to the Florida Academic Improvement Trust
181	Fund; amending s. 1011.94, F.S., relating to the Trust
182	Fund for University Major Gifts; revising provisions
183	relating to use of proceeds; replacing references to the
184	State Board of Education with the Board of Governors;
185	providing limitations on matching funds; amending s.
186	1012.21, F.S.; providing references to the Department of
187	Education; amending s. 1012.585, F.S.; correcting the name
188	of a trust fund; correcting a cross-reference; amending s.
189	1012.61, F.S.; defining the term "educational support
190	employee"; amending ss. 1012.62, 1012.74, and 1012.79,
191	F.S.; correcting cross-references; amending s. 1012.795,
192	F.S.; designating an appointed representative of the
193	district school superintendent to receive records
194	concerning certain offenses; amending s. 1012.796, F.S.;
195	correcting a cross-reference; amending s. 1012.98, F.S.;
196	requiring consultation with state university faculty;
197	amending s. 1013.31, F.S.; deleting a reference to the
198	Division of Colleges and Universities; requiring the
199	Department of Education to validate university surveys in
200	accordance with State Board of Education approval of needs
201	and enrollment cycle; amending s. 1013.62, F.S.;
202	clarifying provisions relating to charter school
203	eligibility for capital outlay funding; amending ss.
204	1013.73 and 1013.74, F.S.; correcting cross-references;
205	amending s. 1005.31, F.S.; revising provisions relating to
206	licensure of institutions by the Commission for
207	Independent Education; amending s. 1005.32, F.S.;
208	providing for revocation or denial of license for
209	violation of provisions relating to discipline; amending
210	s. 1005.38, F.S.; providing for licensure activities of
211	the commission during certain investigations or
212	prosecution; amending s. 1009.531, F.S.; correcting a
213	cross-reference; repealing s. 445.049(2)(g) and (h), F.S.,
214	relating to the executive director of the State Board of
215	Community Colleges and the executive director of the State
216	Board for Career Education as members of the Digital
217	Divide Council; repealing s. 1006.20(10), F.S., relating
218	to reporting requirements; repealing s. 1006.57, F.S.,
219	relating to certain books furnished by the Clerk of the
220	Supreme Court; providing for construction of the act in
221	pari materia with laws enacted during the Regular Session
222	of the Legislature; providing effective dates.
223
224	Be It Enacted by the Legislature of the State of Florida:
225
226	Section 1. Subsection (5) of section 17.076, Florida
227	Statutes, is amended to read:
228	17.076 Direct deposit of funds.--
229	(5) All direct deposit records made prior to October 1,
230	1986, are exempt from the provisions of s. 119.07(1). With
231	respect to direct deposit records made on or after October 1,
232	1986, the names of the authorized financial institutions and the
233	account numbers of the beneficiaries are confidential and exempt
234	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
235	State Constitution. Notwithstanding this exemption and the
236	provisions of s. 119.07(3)(dd), the department may provide a
237	state university, upon request, with that university's employee
238	or vendor direct deposit authorization information on file with
239	the department in order to accommodate the transition to the
240	university accounting system. The state university shall
241	maintain the confidentiality of all such information provided by
242	the department.
243	Section 2. Paragraph (a) of subsection (1) of section
244	20.055, Florida Statutes, is amended to read:
245	20.055 Agency inspectors general.--
246	(1) For the purposes of this section:
247	(a) "State agency" means each department created pursuant
248	to this chapter, and also includes the Executive Office of the
249	Governor, the Department of Military Affairs, the Board of
250	Regents,the Fish and Wildlife Conservation Commission, the
251	Public Service Commission, and the state courts system.
252	Section 3. Paragraph (d) of subsection (5) of section
253	24.121, Florida Statutes, is amended to read:
254	24.121 Allocation of revenues and expenditure of funds for
255	public education.--
256	(5)
257	(d) No funds shall be released for any purpose from the
258	Educational Enhancement Trust Fund to any school district in
259	which one or more schools do not have an approved school
260	improvement plan pursuant to s. 1001.42(16) or do not comply
261	with school advisory council membership composition requirements
262	pursuant to s. 1001.452(1)229.58(1). Effective July 1, 2002,
263	the Commissioner of Education shall withhold disbursements from
264	the trust fund to any school district that fails to adopt the
265	performance-based salary schedule required by s. 1012.22(1).
266	Section 4. Subsection (2) of section 110.161, Florida
267	Statutes, is amended to read:
268	110.161 State employees; pretax benefits program.--
269	(2) As used in this section, "employee" means any
270	individual filling an authorized and established position in the
271	executive, legislative, or judicial branch of the state,
272	including the employees of the State Board of Administration and
273	state universities.
274	Section 5. Subsection (2) of section 112.215, Florida
275	Statutes, is amended to read:
276	112.215 Government employees; deferred compensation
277	program.--
278	(2) For the purposes of this section, the term "employee"
279	means any person, whether appointed, elected, or under contract,
280	providing services for the state; any state agency or county or
281	other political subdivision of the state; any municipality; any
282	state university board of trustees;or any constitutional county
283	officer under s. 1(d), Art. VIII of the State Constitution for
284	which compensation or statutory fees are paid.
285	Section 6. Subsection (2) of section 145.19, Florida
286	Statutes, is amended to read:
287	145.19 Annual percentage increases based on increase for
288	state career service employees; limitation.--
289	(2) Each fiscal year, the salaries of all officials listed
290	in this chapter and s. 1001.47 shall be adjusted by the annual
291	factor. The Department of Management Services shall certify the
292	annual factor and the cumulative annual factors. The adjusted
293	salary rate shall be the product, rounded to the nearest dollar,
294	of the salary rate granted by the appropriate section of this
295	chapter or s. 1001.47multiplied first by the initial factor,
296	then by the cumulative annual factor, and finally by the annual
297	factor. Any special qualification salary received under this
298	chapter or annual performance salary incentive available to
299	elected superintendents under s. 1001.47shall be added to such
300	adjusted salary rate, which special qualification salary shall
301	be $2,000, but shall not exceed $2,000.
302	Section 7. Paragraph (b) of subsection (22) of section
303	159.27, Florida Statutes, is amended to read:
304	159.27 Definitions.--The following words and terms, unless
305	the context clearly indicates a different meaning, shall have
306	the following meanings:
307	(22) "Educational facility" means:
308	(b) Property that comprises the buildings and equipment,
309	structures, and special education use areas that are built,
310	installed, or established to serve primarily the educational
311	purposes of operating any nonprofit private preschool,
312	kindergarten, elementary school, middle school, or high school
313	that is established under chapter 617 or chapter 623, or that is
314	owned or operated by an organization described in s. 501(c)(3)
315	of the United States Internal Revenue Code, or operating any
316	preschool, kindergarten, elementary school, middle school, or
317	high school that is owned or operated as part of the state's
318	system of public education, including, but not limited to, a
319	charter school or a labdevelopmental researchschool operated
320	under chapter 1002. The requirements of this part for the
321	financing of projects through local agencies shall also apply to
322	such schools. Bonds issued under the provisions of this part for
323	such schools shall not be deemed to constitute a debt,
324	liability, or obligation of the state or any political
325	subdivision thereof, or a pledge of the faith and credit of the
326	state or of any such political subdivision, but shall be payable
327	solely from the revenues provided therefor.
328	Section 8. Paragraphs (b) and (c) of subsection (6) of
329	section 212.055, Florida Statutes, are amended to read:
330	212.055 Discretionary sales surtaxes; legislative intent;
331	authorization and use of proceeds.--It is the legislative intent
332	that any authorization for imposition of a discretionary sales
333	surtax shall be published in the Florida Statutes as a
334	subsection of this section, irrespective of the duration of the
335	levy. Each enactment shall specify the types of counties
336	authorized to levy; the rate or rates which may be imposed; the
337	maximum length of time the surtax may be imposed, if any; the
338	procedure which must be followed to secure voter approval, if
339	required; the purpose for which the proceeds may be expended;
340	and such other requirements as the Legislature may provide.
341	Taxable transactions and administrative procedures shall be as
342	provided in s. 212.054.
343	(6) SCHOOL CAPITAL OUTLAY SURTAX.--
344	(b) The resolution shall include a statement that provides
345	a brief and general description of the school capital outlay
346	projects to be funded by the surtax. If applicable, the
347	resolution must state that the district school board has been
348	recognized by the State Board of Education as having a Florida
349	Frugal Schools Program.The statement shall conform to the
350	requirements of s. 101.161 and shall be placed on the ballot by
351	the governing body of the county. The following question shall
352	be placed on the ballot:
353
354	_____FOR THE _____CENTS TAX
355	_____AGAINST THE _____CENTS TAX
356	(c) The resolution providing for the imposition of the
357	surtax shall set forth a plan for use of the surtax proceeds for
358	fixed capital expenditures or fixed capital costs associated
359	with the construction, reconstruction, or improvement of school
360	facilities and campuses which have a useful life expectancy of 5
361	or more years, and any land acquisition, land improvement,
362	design, and engineering costs related thereto. Additionally, the
363	plan shall include the costs of retrofitting and providing for
364	technology implementation, including hardware and software, for
365	the various sites within the school district. Surtax revenues
366	may be used for the purpose of servicing bond indebtedness to
367	finance projects authorized by this subsection, and any interest
368	accrued thereto may be held in trust to finance such projects.
369	Neither the proceeds of the surtax nor any interest accrued
370	thereto shall be used for operational expenses. If the district
371	school board has been recognized by the State Board of Education
372	as having a Florida Frugal Schools Program, the district's plan
373	for use of the surtax proceeds must be consistent with this
374	subsection and with uses assured under the Florida Frugal
375	Schools Program.
376	Section 9. Paragraph (b) of subsection (9) of section
377	216.136, Florida Statutes, is amended to read:
378	216.136 Consensus estimating conferences; duties and
379	principals.--
380	(9) WORKFORCE ESTIMATING CONFERENCE.--
381	(b) Principals.--The Commissioner of Education, the
382	Executive Office of the Governor, the director of the Office of
383	Tourism, Trade, and Economic Development, the director of the
384	Agency for Workforce Innovation, the executive director of the
385	Commission for Independent Education,the Chancellor of the
386	State University System, the Executive Director of the State
387	Board of Community Colleges, the chair of the State Board of
388	Nonpublic Career Education,the chair of Workforce Florida,
389	Inc., the coordinator of the Office of Economic and Demographic
390	Research, or their designees, and professional staff from the
391	Senate and the House of Representatives who have forecasting and
392	substantive expertise, are the principals of the Workforce
393	Estimating Conference. In addition to the designated principals
394	of the conference, nonprincipal participants of the conference
395	shall include a representative of the Florida Chamber of
396	Commerce and other interested parties. The principal
397	representing the Executive Office of the Governor shall preside
398	over the sessions of the conference.
399	Section 10. Subsection (7) of section 250.10, Florida
400	Statutes, is amended to read:
401	250.10 Appointment and duties of the Adjutant General.--
402	(7) The Adjutant General and representatives of the Board
403	of Regents, the State Board of Community Colleges,and the State
404	Board of Education shall design and develop a tuition assistance
405	program for members in good standing of the active Florida
406	National Guard who enroll in a public institution of higher
407	learning in the state in accordance with the provisions of
408	subsection (8).
409	(a) The program shall set forth application requirements
410	which include, but are not limited to, requirements that the
411	applicant shall:
412	1. Be 17 years of age or older.
413	2. Be presently domiciled in the state.
414	3. Be a member in good standing in the active Florida
415	National Guard at the beginning of and throughout the entire
416	academic term for which benefits are received.
417	4. Maintain continuous satisfactory participation in the
418	active Florida National Guard for any school term for which
419	exemption benefits are received.
420	5. Agree in writing to serve in the active Florida
421	National Guard for 3 years after completion of the studies for
422	which an exemption is granted.
423	(b) The program shall include, but not be limited to, the
424	following penalties:
425	1. When a member of the active Florida National Guard
426	receives an exemption from tuition and fees for any academic
427	term and fails to maintain satisfactory participation in the
428	Florida National Guard during such academic term, the exemption
429	shall immediately be forfeited and the member shall be required
430	to pay to the institution all tuition charges and student fees
431	for the current academic term for which the exemption has been
432	granted.
433	2. When a member of the active Florida National Guard
434	leaves the Florida National Guard during the 3-year period such
435	member had agreed to serve after completing the courses for
436	which exemptions were granted, the member shall be required to
437	reimburse the state for all tuition charges and student fees for
438	which such member received exemptions, unless the Adjutant
439	General determines there are justifiable extenuating
440	circumstances.
441	3. If the service of a member of the active Florida
442	National Guard is terminated or the member is placed on
443	scholastic probation while receiving exemption benefits, the
444	exemption shall be immediately forfeited and the member shall
445	pay to the institution all tuition charges and student fees for
446	the current academic term for which the member has received an
447	exemption.
448	(c) The program shall define those members of the active
449	Florida National Guard ineligible to participate in the program
450	and those courses of study not authorized for the program.
451	1. Such members shall include, but not be limited to:
452	a. Any member, commissioned officer or warrant officer or
453	enlisted person, who has a baccalaureate degree.
454	b. Any member who has 15 years or more of total military
455	service creditable toward retirement.
456	c. Any member who has not completed basic military
457	training.
458	2. Courses not authorized include noncredit courses,
459	courses which do not meet degree requirements, or courses which
460	do not meet requirements for completion of vocational-technical
461	training.
462	(d) The Adjutant General, together with the Board of
463	Regents, the State Board of Community Colleges,and the State
464	Board of Education, shall promulgate rules for the overall
465	policy, guidance, administration, implementation, and proper
466	utilization of the program. Such rules shall include, but not be
467	limited to, guidelines for certification by the Adjutant General
468	of a guard member's eligibility, procedures for notification to
469	an institution of a guard member's termination of eligibility,
470	and procedures for restitution when a guard member fails to
471	comply with the penalties described in paragraph (b).
472	Section 11. Subsections (1) through (6) of section
473	287.064, Florida Statutes, are amended to read:
474	287.064 Consolidated financing of deferred-payment
475	purchases.--
476	(1) The Division of Bond Finance of the State Board of
477	Administration and the Comptroller shall plan and coordinate
478	deferred-payment purchases made by or on behalf of the state or
479	its agencies or by or on behalf of state universities orstate
480	community colleges participating under this section pursuant to
481	s. 1001.74(5) or s. 1001.64(26), respectively. The Division of
482	Bond Finance shall negotiate and the Comptroller shall execute
483	agreements and contracts to establish master equipment financing
484	agreements for consolidated financing of deferred-payment,
485	installment sale, or lease purchases with a financial
486	institution or a consortium of financial institutions. As used
487	in this act, the term "deferred-payment" includes installment
488	sale and lease-purchase.
489	(a) The period during which equipment may be acquired
490	under any one master equipment financing agreement shall be
491	limited to not more than 3 years.
492	(b) Repayment of the whole or a part of the funds drawn
493	pursuant to the master equipment financing agreement may
494	continue beyond the period established pursuant to paragraph
495	(a).
496	(c) The interest rate component of any master equipment
497	financing agreement shall be deemed to comply with the interest
498	rate limitation imposed in s. 287.063 so long as the interest
499	rate component of every interagency, state university,or
500	community college agreement entered into under such master
501	equipment financing agreement complies with the interest rate
502	limitation imposed in s. 287.063. Such interest rate limitation
503	does not apply when the payment obligation under the master
504	equipment financing agreement is rated by a nationally
505	recognized rating service in any one of the three highest
506	classifications, which rating services and classifications are
507	determined pursuant to rules adopted by the Comptroller.
508	(2) Unless specifically exempted by the Comptroller, all
509	deferred-payment purchases, including those made by a state
510	university orcommunity college that is participating under this
511	section, shall be acquired by funding through master equipment
512	financing agreements. The Comptroller is authorized to exempt
513	any purchases from consolidated financing when, in his or her
514	judgment, alternative financing would be cost-effective or
515	otherwise beneficial to the state.
516	(3) The Comptroller may require agencies to enter into
517	interagency agreements and may require participating state
518	universities orcommunity colleges to enter into systemwide
519	agreements for the purpose of carrying out the provisions of
520	this act.
521	(a) The term of any interagency or systemwide agreement
522	shall expire on June 30 of each fiscal year but shall
523	automatically be renewed annually subject to appropriations and
524	deferred-payment schedules. The period of any interagency or
525	systemwide agreement shall not exceed the useful life of the
526	equipment for which the agreement was made as determined by the
527	Comptroller.
528	(b) The interagency or systemwide agreements may include,
529	but are not limited to, equipment costs, terms, and a pro rata
530	share of program and issuance expenses.
531	(4) Each state university orcommunity college may choose
532	to have its purchasing agreements involving administrative and
533	instructional materials consolidated under this section.
534	(5) The Comptroller is authorized to automatically debit
535	each agency's or state university'sfunds and each community
536	college's portion of the Community College Program Fund
537	consistently with the deferred-payment schedules.
538	(6) There is created the Consolidated Payment Trust Fund
539	in the Comptroller's office for the purpose of implementing the
540	provisions of this act. All funds debited from each agency,
541	state university, and eachcommunity college may be deposited in
542	the trust fund and shall be used to meet the financial
543	obligations incurred pursuant to this act. Any income from the
544	investment of funds may be used to fund administrative costs
545	associated with this program.
546	Section 12. Subsection (3) of section 316.615, Florida
547	Statutes, is amended to read:
548	316.615 School buses; physical requirements of drivers.--
549	(3) A person may not operate or cause to be operated a
550	motor vehicle covered by subsection (1) or subsection (2) when
551	transporting school children unless the operator has met the
552	physical examination requirements established by law and by rule
553	ofadopted by the State BoardCommissionerof Education. The
554	operator of such a motor vehicle shall pass an annual physical
555	examination and have posted in the vehicle a certificate to
556	drive the vehicle.
557	Section 13. Paragraph (b) of subsection (1) and paragraph
558	(b) of subsection (7) of section 402.305, Florida Statutes, are
559	amended to read:
560	402.305 Licensing standards; child care facilities.--
561	(1) LICENSING STANDARDS.--The department shall establish
562	licensing standards that each licensed child care facility must
563	meet regardless of the origin or source of the fees used to
564	operate the facility or the type of children served by the
565	facility.
566	(b) All standards established under ss. 402.301-402.319
567	must be consistent with the rules adopted by the State Fire
568	Marshal for child care facilities. However, if the facility is
569	operated in a public school, the department shall use the public
570	school fire code, as provided in the rules of the State Board
571	Departmentof Education, as the minimum standard for firesafety.
572	(7) SANITATION AND SAFETY.--
573	(b) In the case of a child care program for school-age
574	children attending before and after school programs on the
575	public school site, the department shall use the public school
576	fire code, as adoptedpromulgated in the rules of the State
577	BoardDepartmentof Education, as the minimum standard for fire
578	safety. In the case of a child care program for school-age
579	children attending before-school and after-school programs on a
580	site operated by a municipality, the department shall adopt
581	rules for such site and intended use.
582	Section 14. Paragraph (b) of subsection (5) of section
583	409.1451, Florida Statutes, is amended to read:
584	409.1451 Independent living transition services.--
585	(5) PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
586	FORMERLY IN FOSTER CARE.--Based on the availability of funds,
587	the department shall provide or arrange for the following
588	services to young adults formerly in foster care who meet the
589	prescribed conditions and are determined eligible by the
590	department. The categories of services available to assist a
591	young adult formerly in foster care to achieve independence are:
592	(b) Road-to-Independence Scholarship Program.--
593	1. The Road-to-Independence Scholarship Program is
594	intended to help eligible students who are former foster
595	children in this state to receive the educational and vocational
596	training needed to achieve independence. The amount of the award
597	shall equal the earnings that the student would have been
598	eligible to earn working a 40-hour-a-week federal minimum wage
599	job, after considering other grants and scholarships that are in
600	excess of the educational institutions' fees and costs, and
601	contingent upon available funds. Students eligible for the Road-
602	to-Independence Scholarship Program may also be eligible for
603	educational fee waivers for workforce development postsecondary
604	programs, community colleges, and universities, pursuant to s.
605	1009.25(2)(c).
606	2. A young adult 18 to 21 years of age is eligible for the
607	initial award, and a young adult under 23 years of age is
608	eligible for renewal awards, if he or she:
609	a. Is a dependent child, pursuant to chapter 39, and is
610	living in licensed foster care or in subsidized independent
611	living at the time of his or her 18th birthday;
612	b. Has spent at least 6 months living in foster care
613	before reaching his or her 18th birthday;
614	c. Is a resident of this state as defined in s. 1009.40;
615	and
616	d. Meets one of the following qualifications:
617	(I) Has earned a standard high school diploma or its
618	equivalent as described in s. 1003.425 or s. 1003.43 or s.
619	1003.435, and has been admitted for full-time enrollment in an
620	eligible postsecondary education institution as defined in s.
621	1009.533;
622	(II) Is enrolled full time in an accredited high school,
623	is within 2 years of graduation, and has maintained a grade
624	point average of at least 2.0 on a scale of 4.0 for the two
625	semesters preceding the date of his or her 18th birthday; or
626	(III) Is enrolled full time in an accredited adult
627	education program designed to provide the student with a high
628	school diploma or its equivalent, is making satisfactory
629	progress in that program as certified by the program, and is
630	within 2 years of graduation.
631	3.a. The department must advertise the availability of the
632	program and must ensure that the children and young adults
633	leaving foster care, foster parents, or family services
634	counselors are informed of the availability of the program and
635	the application procedures.
636	b. A young adult must apply for the initial award during
637	the 6 months immediately preceding his or her 18th birthday. A
638	young adult who fails to make an initial application, but who
639	otherwise meets the criteria for an initial award, may make one
640	application for the initial award if such application is made
641	before the young adult's 21st birthday.
642	c. If funding for the program is available, the department
643	shall issue awards from the scholarship program for each young
644	adult who meets all the requirements of the program.
645	d. An award shall be issued at the time the eligible
646	student reaches 18 years of age.
647	e. If the award recipient transfers from one eligible
648	institution to another and continues to meet eligibility
649	requirements, the award must be transferred with the recipient.
650	f. Scholarship funds awarded to any eligible young adult
651	under this program are in addition to any other services
652	provided to the young adult by the department through its
653	independent living transition services.
654	g. The department shall provide information concerning
655	young adults receiving the Road-to-Independence Scholarship to
656	the Department of Education for inclusion in the student
657	financial assistance database, as provided in s. 1009.94.
658	h. Scholarship funds shall be terminated when the young
659	adult has attained a bachelor of arts or bachelor of science
660	degree, or equivalent undergraduate degree, or reaches 23 years
661	of age, whichever occurs earlier.
662	i. The department shall evaluate and renew each award
663	annually during the 90-day period before the young adult's
664	birthday. In order to be eligible for a renewal award for the
665	subsequent year, the young adult must:
666	(I) Complete at least 12 semester hours or the equivalent
667	in the last academic year in which the young adult earned a
668	scholarship, except for a young adult who meets the requirements
669	of s. 1009.41.
670	(II) Maintain the cumulative grade point average required
671	by the scholarship program, except that, if the young adult's
672	grades are insufficient to renew the scholarship at any time
673	during the eligibility period, the young adult may restore
674	eligibility by improving the grade point average to the required
675	level.
676	j. Scholarship funds may be terminated during the interim
677	between an award and the evaluation for a renewal award if the
678	department determines that the award recipient is no longer
679	enrolled in an educational institution as defined in sub-
680	subparagraph 2.d., or is no longer a state resident. The
681	department shall notify a student who is terminated and inform
682	the student of his or her right to appeal.
683	k. An award recipient who does not qualify for a renewal
684	award or who chooses not to renew the award may subsequently
685	apply for reinstatement. An application for reinstatement must
686	be made before the young adult reaches 23 years of age, and a
687	student may not apply for reinstatement more than once. In order
688	to be eligible for reinstatement, the young adult must meet the
689	eligibility criteria and the criteria for award renewal for the
690	scholarship program.
691	l. A young adult receiving continued services of the
692	foster care program under former s. 409.145(3) must transfer to
693	the scholarship program by July 1, 2003.
694	Section 15. Subsection (6) of section 440.38, Florida
695	Statutes, is amended to read:
696	440.38 Security for compensation; insurance carriers and
697	self-insurers.--
698	(6) The state and its boards, bureaus, departments, and
699	agencies and all of its political subdivisions which employ
700	labor, and the state universities,shall be deemed self-insurers
701	under the terms of this chapter, unless they elect to procure
702	and maintain insurance to secure the benefits of this chapter to
703	their employees; and they are hereby authorized to pay the
704	premiums for such insurance.
705	Section 16. Subsection (5) of section 445.012, Florida
706	Statutes, is amended to read:
707	445.012 Careers for Florida's Future Incentive Grant
708	Program.--
709	(5) A recipient who is pursuing a baccalaureate degree
710	shall receive $100 for each lower-division credit hour in which
711	the student is enrolled at an eligible college or university, up
712	to a maximum of $1,500 per semester, and $200 for each upper-
713	division credit hour in which the student is enrolled at an
714	eligible college or university, up to a maximum of $3,000 per
715	semester. For purposes of this section, a student is pursuing a
716	baccalaureate degree if he or she is in a program that
717	articulates into a baccalaureate degree program by agreement of
718	the State Board of EducationArticulation Coordinating
719	Committee. A student in an applied technology diploma program, a
720	certificate career education program, or a degree career
721	education program that does not articulate into a baccalaureate
722	degree program shall receive $2 for each vocational contact
723	hour, or the equivalent, for certificate programs, or $60 for
724	each credit hour, or the equivalent, for degree career education
725	programs and applied technology programs for which the student
726	is enrolled at an eligible college, technical center, or
727	nonpublic career education school.
728	Section 17. Subsection (5) of section 445.0122, Florida
729	Statutes, is amended to read:
730	445.0122 Student eligibility requirements for renewal
731	awards.--
732	(5) A student maintains eligibility for an award for 4
733	years following receipt of the initial award for courses in the
734	lower division and 4 years following receipt of the initial
735	award for courses in the upper division. For purposes of this
736	subsection, lower-division courses include courses in an
737	eligible applied technology diploma program or a certificate or
738	degree career education program that does not articulate into a
739	baccalaureate degree program by agreement of the State Board of
740	EducationArticulation Coordinating Committee, as well as
741	courses in associate in arts and associate in science degree
742	programs that articulate into a baccalaureate degree program.
743	Section 18. Subsections (4) and (5) of section 445.0123,
744	Florida Statutes, are amended to read:
745	445.0123 Eligible postsecondary education institutions.--A
746	student is eligible for an award or the renewal of an award from
747	the Careers for Florida's Future Incentive Grant Program if the
748	student meets the requirements for the program as described in
749	ss. 445.012-445.0125 and is enrolled in a postsecondary
750	education institution that meets the description of any one of
751	the following:
752	(4) An independent postsecondary education institution in
753	this state which is licensed by the Commission for Independent
754	EducationState Board of Independent Colleges and Universities
755	and which:
756	(a) Shows evidence of sound financial condition; and
757	(b) Has operated in this state for at least 3 years
758	without having its approval, accreditation, or license placed on
759	probation.
760	(5) An independent postsecondary education institution in
761	this state which is licensed by the Commission for Independent
762	EducationState Board of Nonpublic Career Educationand which:
763	(a) Has a program-completion and placement rate of at
764	least the rate required by current state law, the Florida
765	Administrative Code, or the Department of Education for an
766	institution at its level;
767	(b) Shows evidence of sound financial condition; and
768	(c)1. Is accredited at the institutional level by an
769	accrediting agency recognized by the United States Department of
770	Education and has operated in this state for at least 3 years
771	during which there has been no complaint for which probable
772	cause has been found; or
773	2. Has operated in this state for 5 years during which
774	there has been no complaint for which probable cause has been
775	found.
776	Section 19. Subsections (2) and (4) of section 445.0124,
777	Florida Statutes, are amended to read:
778	445.0124 Eligible programs.--
779	(2) Eligible lower-division programs are those programs
780	that prepare a student for admission to a degree program that
781	prepares students for employment in targeted career occupations
782	listed in subsection (3). These programs include any associate
783	in science degree program that articulates into a baccalaureate
784	degree program by agreement of the State Board of Education
785	Articulation Coordinating Committee.
786	(4) Eligible career education programs are those programs
787	in the following business sectors: information
788	technology/telecommunications, biomedical technology,
789	manufacturing-electronics, aviation/transportation, and skilled
790	building trades. Workforce Florida, Inc., must determine
791	eligible programs within these sectors annually in cooperation
792	with the State Board of Community Colleges and the Department of
793	Education.
794	Section 20. Section 455.2125, Florida Statutes, is amended
795	to read:
796	455.2125 Consultation with postsecondary education boards
797	prior to adoption of changes to training requirements.--Any
798	state agency or board that has jurisdiction over the regulation
799	of a profession or occupation shall consult with the Commission
800	for Independent EducationState Board of Independent Colleges
801	and Universities, the State Board of Nonpublic Career Education,
802	the Board of Regents, and the State Board of EducationCommunity
803	Collegesprior to adopting any changes to training requirements
804	relating to entry into the profession or occupation. This
805	consultation must allow the educational board to provide advice
806	regarding the impact of the proposed changes in terms of the
807	length of time necessary to complete the training program and
808	the fiscal impact of the changes. The educational board must be
809	consulted only when an institution offering the training program
810	falls under its jurisdiction.
811	Section 21. Section 456.028, Florida Statutes, is amended
812	to read:
813	456.028 Consultation with postsecondary education boards
814	prior to adoption of changes to training requirements.--Any
815	state agency or board that has jurisdiction over the regulation
816	of a profession or occupation shall consult with the Commission
817	for Independent EducationState Board of Independent Colleges
818	and Universities, the State Board of Nonpublic Career Education,
819	the Board of Regents, and the State Board of EducationCommunity
820	Collegesprior to adopting any changes to training requirements
821	relating to entry into the profession or occupation. This
822	consultation must allow the educational board to provide advice
823	regarding the impact of the proposed changes in terms of the
824	length of time necessary to complete the training program and
825	the fiscal impact of the changes. The educational board must be
826	consulted only when an institution offering the training program
827	falls under its jurisdiction.
828	Section 22. Paragraph (c) of subsection (6) of section
829	458.347, Florida Statutes, is amended to read:
830	458.347 Physician assistants.--
831	(6) PROGRAM APPROVAL.--
832	(c) Any community college with the approval of the State
833	Board of EducationCommunity Collegesmay conduct a physician
834	assistant program which shall apply for national accreditation
835	through the American Medical Association's Committee on Allied
836	Health, Education, and Accreditation, or its successor
837	organization, and which may admit unlicensed physicians, as
838	authorized in subsection (7), who are graduates of foreign
839	medical schools listed with the World Health Organization. The
840	unlicensed physician must have been a resident of this state for
841	a minimum of 12 months immediately prior to admission to the
842	program. An evaluation of knowledge base by examination shall be
843	required to grant advanced academic credit and to fulfill the
844	necessary requirements to graduate. A minimum of one 16-week
845	semester of supervised clinical and didactic education, which
846	may be completed simultaneously, shall be required before
847	graduation from the program. All other provisions of this
848	section shall remain in effect.
849	Section 23. Subsection (8) of section 467.009, Florida
850	Statutes, is amended to read:
851	467.009 Midwifery programs; education and training
852	requirements.--
853	(8) Nonpublic educational institutions that conduct
854	approved midwifery programs shall be accredited by a member of
855	the Commission on Recognition of Postsecondary Accreditation and
856	shall be licensed by the Commission for Independent Education
857	State Board of Nonpublic Career Education.
858	Section 24. Section 488.01, Florida Statutes, is amended
859	to read:
860	488.01 License to engage in business of operating a
861	driver's school required.--The Department of Highway Safety and
862	Motor Vehicles shall oversee and license all commercial driver's
863	schools except truck driving schools. All commercial truck
864	driving schools shall be required to be licensed pursuant to
865	chapter 1005, and additionally shall be subject to the
866	provisions of ss. 488.04 and 488.05. No person, group,
867	organization, institution, business entity, or corporate entity
868	may engage in the business of operating a driver's school
869	without first obtaining a license therefor from the Department
870	of Highway Safety and Motor Vehicles pursuant to this chapter or
871	from the Commission for Independent EducationState Board of
872	Nonpublic Career Educationpursuant to chapter 1005.
873	Section 25. Section 489.125, Florida Statutes, is amended
874	to read:
875	489.125 Prequalification of certificateholders.--Any
876	person holding a certificate shall be prequalified to bid by a
877	district school board pursuant to uniform prequalification of
878	contractors criteria adopted by rule of the State Board
879	Commissionerof Education. This section does not supersede any
880	small, woman-owned or minority-owned business enterprise
881	preference program adopted by a district school board. A
882	district school board may not modify or supplement the uniform
883	prequalification criteria adopted by rule. A person holding a
884	certificate must apply to each board for prequalification
885	consideration.
886	Section 26. Section 784.081, Florida Statutes, is amended
887	to read:
888	784.081 Assault or battery on specified officials or
889	employees; reclassification of offenses.--Whenever a person is
890	charged with committing an assault or aggravated assault or a
891	battery or aggravated battery upon any elected official or
892	employee of: a school district; a private school; the Florida
893	School for the Deaf and the Blind; a university lab
894	developmental researchschool; a state university or any other
895	entity of the state system of public education, as defined in s.
896	1000.04; an employee or protective investigator of the
897	Department of Children and Family Services; or an employee of a
898	lead community-based provider and its direct service contract
899	providers, when the person committing the offense knows or has
900	reason to know the identity or position or employment of the
901	victim, the offense for which the person is charged shall be
902	reclassified as follows:
903	(1) In the case of aggravated battery, from a felony of
904	the second degree to a felony of the first degree.
905	(2) In the case of aggravated assault, from a felony of
906	the third degree to a felony of the second degree.
907	(3) In the case of battery, from a misdemeanor of the
908	first degree to a felony of the third degree.
909	(4) In the case of assault, from a misdemeanor of the
910	second degree to a misdemeanor of the first degree.
911	Section 27. Section 817.566, Florida Statutes, is amended
912	to read:
913	817.566 Misrepresentation of association with, or academic
914	standing at, postsecondary educational institution.--Any person
915	who, with intent to defraud, misrepresents his or her
916	association with, or academic standing or other progress at, any
917	postsecondary educational institution by falsely making,
918	altering, simulating, or forging a document, degree,
919	certificate, diploma, award, record, letter, transcript, form,
920	or other paper; or any person who causes or procures such a
921	misrepresentation; or any person who utters and publishes or
922	otherwise represents such a document, degree, certificate,
923	diploma, award, record, letter, transcript, form, or other paper
924	as true, knowing it to be false, is guilty of a misdemeanor of
925	the first degree, punishable as provided in s. 775.082 or s.
926	775.083. Individuals who present a religious academic degree
927	from any college, university, seminary, or institution which is
928	not licensed by the Commission for Independent EducationState
929	Board of Independent Colleges and Universitiesor which is not
930	exempt pursuant to the provisions of s. 1005.06(1)(e)246.085
931	shall disclose the religious nature of the degree upon
932	presentation.
933	Section 28. Subsection (1) of section 817.567, Florida
934	Statutes, is amended to read:
935	817.567 Making false claims of academic degree or title.--
936	(1) No person in the state may claim, either orally or in
937	writing, to possess an academic degree, as defined in s.
938	1005.02, or the title associated with said degree, unless the
939	person has, in fact, been awarded said degree from an
940	institution that is:
941	(a) Accredited by a regional or professional accrediting
942	agency recognized by the United States Department of Education
943	or the Commission on Recognition of Postsecondary Accreditation;
944	(b) Provided, operated, and supported by a state
945	government or any of its political subdivisions or by the
946	Federal Government;
947	(c) A school, institute, college, or university chartered
948	outside the United States, the academic degree from which has
949	been validated by an accrediting agency approved by the United
950	States Department of Education as equivalent to the
951	baccalaureate or postbaccalaureate degree conferred by a
952	regionally accredited college or university in the United
953	States;
954	(d) Licensed by the Commission for Independent Education
955	State Board of Independent Colleges and Universitiespursuant to
956	ss. 1005.01-1005.38 or exempt from licensure pursuant to s.
957	1005.06(1)(e)s. 246.085; or
958	(e) A religious seminary, institute, college, or
959	university which offers only educational programs that prepare
960	students for a religious vocation, career, occupation,
961	profession, or lifework, and the nomenclature of whose
962	certificates, diplomas, or degrees clearly identifies the
963	religious character of the educational program.
964	Section 29. Subsection (4) of section 943.17, Florida
965	Statutes, is amended to read:
966	943.17 Basic recruit, advanced, and career development
967	training programs; participation; cost; evaluation.--The
968	commission shall, by rule, design, implement, maintain,
969	evaluate, and revise entry requirements and job-related
970	curricula and performance standards for basic recruit, advanced,
971	and career development training programs and courses. The rules
972	shall include, but are not limited to, a methodology to assess
973	relevance of the subject matter to the job, student performance,
974	and instructor competency.
975	(4) The commission may, by rule, establish a sponsorship
976	program for prospective officers. The rule shall specify the
977	provisions of s. 943.13 that must be satisfied prior to the
978	prospective officer's enrollment in a basic recruit training
979	course. However, the rule shall not conflict with any laws or
980	rules of the State BoardDepartmentof Education relating to
981	student enrollment.
982	Section 30. Paragraph (a) of subsection (1) of section
983	943.22, Florida Statutes, is amended to read:
984	943.22 Salary incentive program for full-time officers.--
985	(1) For the purpose of this section, the term:
986	(a) "Accredited college, university, or community college"
987	means a college, university, or community college which has been
988	accredited by the Southern Association of Colleges and Schools,
989	another regional accrediting agency, or the Accrediting Council
990	Commissionfor Independent Colleges and Schools.
991	Section 31. Subsection (1) of section 1000.04, Florida
992	Statutes, is amended to read:
993	1000.04 Components for the delivery of public education
994	within the Florida K-20 education system.--Florida's K-20
995	education system provides for the delivery of public education
996	through publicly supported and controlled K-12 schools,
997	community colleges, state universities and other postsecondary
998	educational institutions, other educational institutions, and
999	other educational services as provided or authorized by the
1000	Constitution and laws of the state.
1001	(1) PUBLIC K-12 SCHOOLS.--The public K-12 schools include
1002	charter schools and consist of kindergarten classes; elementary,
1003	middle, and high school grades and special classes; workforce
1004	development education; areatechnical centers; adult, part-time,
1005	career and technical, and evening schools, courses, or classes,
1006	as authorized by law to be operated under the control of
1007	district school boards; and lab schools operated under the
1008	control of state universities.
1009	Section 32. Paragraph (a) of subsection (2) of section
1010	1001.26, Florida Statutes, is amended to read:
1011	1001.26 Public broadcasting program system.--
1012	(2)(a) The Department of Education is responsible for
1013	implementing the provisions of this section pursuant to s.
1014	282.102part III of chapter 287and may employ personnel,
1015	acquire equipment and facilities, and perform all duties
1016	necessary for carrying out the purposes and objectives of this
1017	section.
1018	Section 33. Subsection (1) of section 1001.32, Florida
1019	Statutes, is amended to read:
1020	1001.32 Management, control, operation, administration,
1021	and supervision.--The district school system must be managed,
1022	controlled, operated, administered, and supervised as follows:
1023	(1) DISTRICT SYSTEM.--The district school system shall be
1024	considered as a part of the state system of public education.
1025	All actions of district school officials shall be consistent and
1026	in harmony with state laws and with rules and minimum standards
1027	of the state board and the commissioner. District school
1028	officials, however, shall have the authority to provide
1029	additional educational opportunities, as desired, which are
1030	authorized, but not required, by law or by the district school
1031	board.
1032	Section 34. Subsection (3) of section 1001.372, Florida
1033	Statutes, is amended to read:
1034	1001.372 District school board meetings.--
1035	(3) REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The
1036	presiding officer of any district school board may order the
1037	removal, from a public meeting held by the district school
1038	board, of any person interfering with the expeditious or orderly
1039	process of such meeting, provided such officer has first issued
1040	a warning that continued interference with the orderly processes
1041	of the meeting will result in removal. Any law enforcement
1042	authority or a sergeant-at-arms designated by the officer shall
1043	remove any person ordered removed pursuant to this subsection
1044	section.
1045	Section 35. Paragraph (m) of subsection (4) of section
1046	1001.42, Florida Statutes, is amended to read:
1047	1001.42 Powers and duties of district school board.--The
1048	district school board, acting as a board, shall exercise all
1049	powers and perform all duties listed below:
1050	(4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
1051	SCHOOLS.--Adopt and provide for the execution of plans for the
1052	establishment, organization, and operation of the schools of the
1053	district, including, but not limited to, the following:
1054	(m) Alternative education programs for students in
1055	residential care facilities.--Provide, in accordance with the
1056	provisions of s. 1003.58chapter 1006, educational programs
1057	according to rules of the State Board of Education to students
1058	who reside in residential care facilities operated by the
1059	Department of Children and Family Services.
1060	Section 36. Subsection (2) of section 1001.47, Florida
1061	Statutes, is amended, subsections(3), (4), and (5) are
1062	renumbered as subsections (4), (5), and (6), respectively, and a
1063	new subsection (3) is added to that section, to read:
1064	1001.47 District school superintendent; salary.--
1065	(2) Each elected district school superintendent shall
1066	receive a base salary, the amounts indicated below, based on the
1067	population of the county the elected superintendent serves. In
1068	addition, compensation shall be made for population increments
1069	over the minimum for each population group, which shall be
1070	determined by multiplying the population in excess of the
1071	minimum for the group times the group rate. The product of such
1072	calculation shall be added to the base salary to determine the
1073	adjusted base salary. Laws that increase the base salary
1074	provided in this subsection shall contain provisions on no other
1075	subject.
1076
1077	@_@2@_@
1078	Minimum Maximum
1079	I -0- 49,999 $21,250 $0.07875
1080	II 50,000 99,999 24,400 0.06300
1081	III 100,000 199,999 27,550 0.02625
1082	IV 200,000 399,999 30,175 0.01575
1083	V 400,000 999,999 33,325 0.00525
1084	@_@9@_@
1085	Notwithstanding the provisions of chapter 145 to the contrary,
1086	the annual salaries of elected district school superintendents
1087	for 1993 and each year thereafter shall be established at the
1088	same amounts as the district school superintendents were paid
1089	for fiscal year 1991-1992, adjusted by each annual increase
1090	provided for in chapter 145.
1091	(3) The adjusted base salaries of elected district school
1092	superintendents shall be increased annually as provided for in
1093	s. 145.19. Any salary previously paid to elected
1094	superintendents, including the salary calculated for fiscal year
1095	2002-2003, which was consistent with chapter 145 and s. 230.303,
1096	Florida Statutes (2001), is hereby ratified and validated.
1097	Section 37. Paragraph (f) of subsection (3) of section
1098	1001.50, Florida Statutes, is amended to read:
1099	1001.50 Superintendents employed under Art. IX of the
1100	State Constitution.--
1101	(3) The district school board of each such district shall
1102	pay to the district school superintendent a reasonable annual
1103	salary. In determining the amount of compensation to be paid,
1104	the board shall take into account such factors as:
1105	(f) The educational qualifications and,professional
1106	experience, and ageof the candidate for the position of
1107	district school superintendent.
1108	Section 38. Subsection (16) of section 1001.51, Florida
1109	Statutes, is amended to read:
1110	1001.51 Duties and responsibilities of district school
1111	superintendent.--The district school superintendent shall
1112	exercise all powers and perform all duties listed below and
1113	elsewhere in the law, provided that, in so doing, he or she
1114	shall advise and counsel with the district school board. The
1115	district school superintendent shall perform all tasks necessary
1116	to make sound recommendations, nominations, proposals, and
1117	reports required by law to be acted upon by the district school
1118	board. All such recommendations, nominations, proposals, and
1119	reports by the district school superintendent shall be either
1120	recorded in the minutes or shall be made in writing, noted in
1121	the minutes, and filed in the public records of the district
1122	school board. It shall be presumed that, in the absence of the
1123	record required in this section, the recommendations,
1124	nominations, and proposals required of the district school
1125	superintendent were not contrary to the action taken by the
1126	district school board in such matters.
1127	(16) VISITATION OF SCHOOLS.--Visit the schools; observe
1128	the management and instruction; give suggestions for
1129	improvement; and advise supervisors, principals, teachers,
1130	patrons,and other citizens with the view of promoting interest
1131	in education and improving the school conditions of the
1132	district.
1133	Section 39. Subsection (19) of section 1001.74, Florida
1134	Statutes, is amended to read:
1135	1001.74 Powers and duties of university boards of
1136	trustees.--
1137	(19) Each board of trustees shall establish the personnel
1138	program for all employees of the university, including the
1139	president, pursuant to the provisions of chapter 1012 and, in
1140	accordance with rules and guidelines of the State Board of
1141	Education, including: compensation and other conditions of
1142	employment, recruitment and selection, nonreappointment,
1143	standards for performance and conduct, evaluation, benefits and
1144	hours of work, leave policies, recognition and awards,
1145	inventions and works, travel, learning opportunities, exchange
1146	programs, academic freedom and responsibility, promotion,
1147	assignment, demotion, transfer, tenure and permanent status,
1148	ethical obligations and conflicts of interest, restrictive
1149	covenants, disciplinary actions, complaints, appeals and
1150	grievance procedures, and separation and termination from
1151	employment. The Department of Management Services shall retain
1152	authority over state university employees for programs
1153	established in ss. 110.123, 110.1232, 110.1234, and 110.1238,
1154	and 110.161and in chapters 121, 122, and 238.
1155	Section 40. Subsection (2) of section 1002.01, Florida
1156	Statutes, is amended to read:
1157	1002.01 Definitions.--
1158	(2) A "private school" is a nonpublic school defined as an
1159	individual, association, copartnership, or corporation, or
1160	department, division, or section of such organizations, that
1161	designates itself as an educational center that includes
1162	kindergarten or a higher grade or as an elementary, secondary,
1163	business, technical, or trade school below college level or any
1164	organization that provides instructional services that meet the
1165	intent of s. 1003.01(13)1003.01(14)or that gives preemployment
1166	or supplementary training in technology or in fields of trade or
1167	industry or that offers academic, literary, or career and
1168	technical training below college level, or any combination of
1169	the above, including an institution that performs the functions
1170	of the above schools through correspondence or extension, except
1171	those licensed under the provisions of chapter 1005. A private
1172	school may be a parochial, religious, denominational, for-
1173	profit, or nonprofit school. This definition does not include
1174	home education programs conducted in accordance with s. 1002.41.
1175	Section 41. Paragraph (b) of subsection (2) of section
1176	1002.20, Florida Statutes, is amended to read:
1177	1002.20 K-12 student and parent rights.--K-12 students and
1178	their parents are afforded numerous statutory rights including,
1179	but not limited to, the following:
1180	(2) ATTENDANCE.--
1181	(b) Regular school attendance.--Parents of students who
1182	have attained the age of 6 years by February 1 of any school
1183	year but who have not attained the age of 16 years must comply
1184	with the compulsory school attendance laws. Parents have the
1185	option to comply with the school attendance laws by attendance
1186	of the student in a public school; a parochial, religious, or
1187	denominational school; a private school; a home education
1188	program; or a private tutoring program, in accordance with the
1189	provisions of s. 1003.01(13)1003.01(14).
1190	Section 42. Paragraph (a) of subsection (3) and paragraph
1191	(a) of subsection (11) of section 1002.32, Florida Statutes, are
1192	amended to read:
1193	1002.32 Developmental research (laboratory) schools.--
1194	(3) MISSION.--The mission of a lab school shall be the
1195	provision of a vehicle for the conduct of research,
1196	demonstration, and evaluation regarding management, teaching,
1197	and learning. Programs to achieve the mission of a lab school
1198	shall embody the goals and standards established pursuant to ss.
1199	1000.03(5) and 1001.23(2) and shall ensure an appropriate
1200	education for its students.
1201	(a) Each lab school shall emphasize mathematics, science,
1202	computer science, and foreign languages. The primary goal of a
1203	lab school is to enhance instruction and research in such
1204	specialized subjects by using the resources available on a state
1205	university campus, while also providing an education in
1206	nonspecialized subjects. Each lab school shall provide
1207	sequential elementary and secondary instruction where
1208	appropriate. A lab school may not provide instruction at grade
1209	levels higher than grade 12 without authorization from the State
1210	Board of Education. Each labdevelopmental researchschool shall
1211	develop and implement a school improvement plan pursuant to s.
1212	1003.02(3).
1213	(11) EXCEPTIONS TO LAW.--To encourage innovative practices
1214	and facilitate the mission of the lab schools, in addition to
1215	the exceptions to law specified in s. 1001.23(2), the following
1216	exceptions shall be permitted for lab schools:
1217	(a) The methods and requirements of the following statutes
1218	shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
1219	1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
1220	1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
1221	1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
1222	1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
1223	1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4); 1006.23;
1224	1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
1225	1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
1226	1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
1227	1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
1228	1011.73; and 1011.74; and 1013.77.
1229	Section 43. Paragraph (c) of subsection (18), paragraphs
1230	(c), (d), and (e) of subsection(19), paragraph (c) of subsection
1231	(21), and subsections (25) and (26) of section 1002.33, Florida
1232	Statutes, are amended to read:
1233	1002.33 Charter schools.--
1234	(18) FUNDING.--Students enrolled in a charter school,
1235	regardless of the sponsorship, shall be funded as if they are in
1236	a basic program or a special program, the same as students
1237	enrolled in other public schools in the school district. Funding
1238	for a charter lab school shall be as provided in s. 1002.32.
1239	(c) If the district school board is providing programs or
1240	services to students funded by federal funds, any eligible
1241	students enrolled in charter schools in the school district
1242	shall be provided federal funds for the same level of service
1243	provided students in the schools operated by the district school
1244	board. Pursuant to provisions of 20 U.S.C. ss. 8061-806620
1245	U.S.C. 8061 s. 10306, all charter schools shall receive all
1246	federal funding for which the school is otherwise eligible,
1247	including Title I funding, not later than 5 months after the
1248	charter school first opens and within 5 months after any
1249	subsequent expansion of enrollment.
1250	(19) FACILITIES.--
1251	(c) Charter school facilities shall utilize facilities
1252	which comply with the Florida Building Code, pursuant to chapter
1253	553, and the Florida Fire Prevention Code, pursuant to chapter
1254	633.
1255	(c)(d)Charter school facilities are exempt from
1256	assessments of fees for building permits, except as provided in
1257	s. 553.80, and from assessments of impact fees or service
1258	availability fees.
1259	(d)(e)If a district school board facility or property is
1260	available because it is surplus, marked for disposal, or
1261	otherwise unused, it shall be provided for a charter school's
1262	use on the same basis as it is made available to other public
1263	schools in the district. A charter school receiving property
1264	from the school district may not sell or dispose of such
1265	property without written permission of the school district.
1266	Similarly, for an existing public school converting to charter
1267	status, no rental or leasing fee for the existing facility or
1268	for the property normally inventoried to the conversion school
1269	may be charged by the district school board to the parents and
1270	teachers organizing the charter school. The charter organizers
1271	shall agree to reasonable maintenance provisions in order to
1272	maintain the facility in a manner similar to district school
1273	board standards. The Public Education Capital Outlay maintenance
1274	funds or any other maintenance funds generated by the facility
1275	operated as a conversion school shall remain with the conversion
1276	school.
1277	(21) SERVICES.--
1278	(c) Transportation of charter school students shall be
1279	provided by the charter school consistent with the requirements
1280	of subpart I.e. of chapter 1006 and s. 1012.45. The governing
1281	body of the charter school may provide transportation through an
1282	agreement or contract with the district school board, a private
1283	provider, or parents. The charter school and the sponsor shall
1284	cooperate in making arrangements that ensure that transportation
1285	is not a barrier to equal access for all students residing
1286	within a reasonable distance of the charter school as determined
1287	in its charter.
1288	(25) CONVERSION CHARTER SCHOOL PILOT PROGRAM.--
1289	(a) The conversion charter school pilot program is hereby
1290	established with the intent to provide incentives for local
1291	school districts to approve conversion charter schools.
1292	(b) The conversion charter school pilot program shall be a
1293	statewide pilot program in which 10 schools shall be selected
1294	based on a competitive application process in accordance with
1295	this section.
1296	(c) The purpose of the pilot program is to produce
1297	significant improvements in student achievement and school
1298	management, to encourage and measure the use of innovative
1299	learning methods, and to make the school the unit for
1300	improvement.
1301	(d) Each school principal or a majority of the parents of
1302	students attending the school, a majority of the school's
1303	teachers, or a majority of the members of the school advisory
1304	council may apply to the school district to participate in this
1305	pilot program on forms which shall be provided by the Department
1306	of Education. The forms shall include acknowledgment by the
1307	school principal of applicable provisions of this section and s.
1308	1013.62. For purposes of this paragraph, "a majority of the
1309	parents of students attending the school" means more than 50
1310	percent of the parents voting whose children are enrolled at the
1311	school, provided that a majority of the parents eligible to vote
1312	participate in the ballot process; and "a majority of the
1313	school's teachers" means more than 50 percent of the teachers
1314	employed at the school, according to procedures established by
1315	rule of the State Board of Education pursuant to subsections (3)
1316	and (4).
1317	(e) A person or group who has applied to participate in
1318	the pilot program created by this section, pursuant to paragraph
1319	(d), shall not be subject to an unlawful reprisal, as defined by
1320	paragraph (4)(a), as a consequence of such application. The
1321	procedures established by subsections (3) and (4) shall apply to
1322	any alleged unlawful reprisal which occurs as a consequence of
1323	such application.
1324	(f) A district school board shall receive and review all
1325	applications by school principals, parents, teachers, or school
1326	advisory council members to participate in the pilot project;
1327	shall select the best applications; and shall submit these
1328	applications, together with the district school board's letter
1329	of endorsement and commitment of support and cooperation toward
1330	the success of program implementation, for review by the
1331	statewide selection panel established pursuant to paragraph (g).
1332	(g) A conversion charter school pilot program statewide
1333	selection panel is established. The panel shall be comprised of
1334	the following nine members who are not elected public officials:
1335	1. Three members shall be appointed by the Governor.
1336	2. Two members shall be appointed by the Commissioner of
1337	Education.
1338	3. Two members shall be appointed by the President of the
1339	Senate.
1340	4. Two members shall be appointed by the Speaker of the
1341	House of Representatives.
1342
1343	The panel shall review the conversion charter school pilot
1344	program applications submitted by the district school boards and
1345	shall select the 10 applications which the panel deems best
1346	comply with the purpose of the program pursuant to paragraph
1347	(c).
1348	(h) Each district school board in which there is a school
1349	selected by the statewide panel for participation in the pilot
1350	program shall receive a grant as provided in the General
1351	Appropriations Act:
1352	1. One hundred thousand dollars for planning and
1353	development for each conversion charter school selected; and
1354	2.a. Eighty thousand dollars for each conversion charter
1355	school selected with 500 or fewer students;
1356	b. One hundred thousand dollars for each conversion
1357	charter school selected with more than 500 but fewer than 1,001
1358	students; or
1359	c. One hundred twenty thousand dollars for each conversion
1360	charter school selected with more than 1,000 students.
1361
1362	The Commissioner of Education may reduce the district's FEFP
1363	funding entitlement by the amount of the grant awarded under
1364	this subsection if he or she determines that the district has
1365	failed to comply with its letter of endorsement and commitment
1366	of support and cooperation submitted under paragraph (f).
1367	(i) Each conversion charter school selected for
1368	participation in the pilot program shall make annual progress
1369	reports to the district school board and the Commissioner of
1370	Education detailing the school's progress in achieving the
1371	purpose of the program as described in paragraph (c).
1372	(25)(26)RULEMAKING.--The Department of Education, after
1373	consultation with school districts and charter school directors,
1374	shall recommend that the State Board of Education adopt rules to
1375	implement specific subsections of this section. Such rules shall
1376	require minimum paperwork and shall not limit charter school
1377	flexibility authorized by statute.
1378	Section 44. Subsections (7) and (14) of section 1002.42,
1379	Florida Statutes, are amended to read:
1380	1002.42 Private schools.--
1381	(7) ATTENDANCE REQUIREMENTS.--Attendance of a student at a
1382	private, parochial, religious, or denominational school
1383	satisfies the attendance requirements of ss. 1003.01(13)
1384	1003.01(14)and 1003.21(1).
1385	(14) BUS DRIVER TRAINING.--Private school bus drivers may
1386	participate in a district school board's bus driver training
1387	program, if the district school board makes the program
1388	available pursuant to s. 1012.45(4)1006.26.
1389	Section 45. Subsection (1) of section 1002.43, Florida
1390	Statutes, is amended to read:
1391	1002.43 Private tutoring programs.--
1392	(1) Regular school attendance as defined in s. 1003.01(13)
1393	1003.01(14)may be achieved by attendance in a private tutoring
1394	program if the person tutoring the student meets the following
1395	requirements:
1396	(a) Holds a valid Florida certificate to teach the
1397	subjects or grades in which instruction is given.
1398	(b) Keeps all records and makes all reports required by
1399	the state and district school board and makes regular reports on
1400	the attendance of students in accordance with the provisions of
1401	s. 1003.23(2).
1402	(c) Requires students to be in actual attendance for the
1403	minimum length of time prescribed by s. 1011.60(2).
1404	Section 46. Subsection (4) of section 1003.22, Florida
1405	Statutes, is amended to read:
1406	1003.22 School-entry health examinations; immunization
1407	against communicable diseases; exemptions; duties of Department
1408	of Health.--
1409	(4) Each district school board and the governing authority
1410	of each private school shall establish and enforce as policy
1411	that, prior to admittance to or attendance in a public or
1412	private school, grades prekindergartenkindergartenthrough 12,
1413	each child present or have on file with the school a
1414	certification of immunization for the prevention of those
1415	communicable diseases for which immunization is required by the
1416	Department of Health and further shall provide for appropriate
1417	screening of its students for scoliosis at the proper age. Such
1418	certification shall be made on forms approved and provided by
1419	the Department of Health and shall become a part of each
1420	student's permanent record, to be transferred when the student
1421	transfers, is promoted, or changes schools. The transfer of such
1422	immunization certification by Florida public schools shall be
1423	accomplished using the Florida Automated System for Transferring
1424	Education Records and shall be deemed to meet the requirements
1425	of this section.
1426	Section 47. Paragraph (c) of subsection (1) and subsection
1427	(12) of section 1003.43, Florida Statutes, are amended to read:
1428	1003.43 General requirements for high school graduation.--
1429	(1) Graduation requires successful completion of either a
1430	minimum of 24 academic credits in grades 9 through 12 or an
1431	International Baccalaureate curriculum. The 24 credits shall be
1432	distributed as follows:
1433	(c) Three credits in science, two of which must have a
1434	laboratory component. The State Board of Education may grant an
1435	annual waiver of the laboratory requirement to a district school
1436	board that certifies that its laboratory facilities are
1437	inadequate, provided the district school board submits a capital
1438	outlay plan to provide adequate facilities and makes the funding
1439	of this plan a priority of the district school board.
1440	Agriscience Foundations I, the core course in secondary
1441	Agriscience and Natural Resources programs, counts as one of the
1442	science credits.
1443
1444	District school boards may award a maximum of one-half credit in
1445	social studies and one-half elective credit for student
1446	completion of nonpaid voluntary community or school service
1447	work. Students choosing this option must complete a minimum of
1448	75 hours of service in order to earn the one-half credit in
1449	either category of instruction. Credit may not be earned for
1450	service provided as a result of court action. District school
1451	boards that approve the award of credit for student volunteer
1452	service shall develop guidelines regarding the award of the
1453	credit, and school principals are responsible for approving
1454	specific volunteer activities. A course designated in the Course
1455	Code Directory as grade 9 through grade 12 that is taken below
1456	the 9th grade may be used to satisfy high school graduation
1457	requirements or Florida Academic Scholars award requirements as
1458	specified in a district school board's student progression plan.
1459	A student shall be granted credit toward meeting the
1460	requirements of this subsection for equivalent courses, as
1461	identified pursuant to s. 1007.271(6), taken through dual
1462	enrollment.
1463	(12) The Commissioner of Education may award a standard
1464	high school diploma to honorably discharged veterans who started
1465	high school between 1946 and 1950 and were scheduled to graduate
1466	between 1950 and 1954, but were inducted into the United States
1467	Armed Forces between June 27, 1950, and January 31,1954, and
1468	served during the Korean ConflictWarprior to completing the
1469	necessary high school graduation requirements. Upon the
1470	recommendation of the commissioner, the State Board of Education
1471	may develop criteria and guidelines for awarding such diplomas.
1472	Section 48. Subsection (4) of section 1003.52, Florida
1473	Statutes, is amended to read:
1474	1003.52 Educational services in Department of Juvenile
1475	Justice programs.--
1476	(4) Educational services shall be provided at times of the
1477	day most appropriate for the juvenile justice program. School
1478	programming in juvenile justice detention, commitment, and
1479	rehabilitation programs shall be made available by the local
1480	school district during the juvenile justice school year, as
1481	defined in s. 1003.01(11)1003.01(12).
1482	Section 49. Paragraph (a) of subsection (7) of section
1483	1003.63, Florida Statutes, is amended to read:
1484	1003.63 Deregulated public schools pilot program.--
1485	(7) EXEMPTION FROM STATUTES.--
1486	(a) A deregulated public school shall operate in
1487	accordance with its proposal and shall be exempt from all
1488	statutes of the Florida K-20 Education Code, except those
1489	pertaining to civil rights and student health, safety, and
1490	welfare, or as otherwise required by this section. A deregulated
1491	public school shall not be exempt from the following statutes:
1492	chapter 119, relating to public records, ands. 286.011,
1493	relating to public meetings and records, public inspection, and
1494	penalties, and chapters 1010 and 1011 if exemption. The school
1495	district, upon request of a deregulated public school, may apply
1496	to the State Board of Education for a waiver of provisions of
1497	law applicable to deregulated public schools under this section,
1498	except that the provisions of chapter 1010 or chapter 1011 shall
1499	not be eligible for waiver if the waiverwould affect funding
1500	allocations or create inequity in public school funding. The
1501	State Board of Education may grant the waiver if necessary to
1502	implement the school program.
1503	Section 50. Subsection (5) of section 1004.24, Florida
1504	Statutes, is amended to read:
1505	1004.24 State Board of Education authorized to secure
1506	liability insurance.--
1507	(5) Each self-insurance program council shall make
1508	provision for an annual financial audit pursuant to s. 11.45
1509	postaudit of its financialaccounts to be conducted by an
1510	independent certified public accountant. The annual audit report
1511	must include a management letter and shall be submitted to the
1512	State Board of Education for review. The State Board of
1513	Education shall have the authority to require and receive from
1514	the self-insurance program council or from its independent
1515	auditor any detail or supplemental data relative to the
1516	operation of the self-insurance program.
1517	Section 51. Subsections (1) and (5) of section 1004.26,
1518	Florida Statutes, are amended to read:
1519	1004.26 University student governments.--
1520	(1) A student government is created on the main campus of
1521	each state university. In addition, each university board of
1522	trustees may establish a student government on any branch campus
1523	or center. Each student government is a part of the university
1524	at which it is established.
1525	(5) Each student government is a part of the university at
1526	which it is established. If an internal procedure of the
1527	university student government is disapproved by the university
1528	president under s. 229.0082(15), a member of the university
1529	board of trustees may request a review of the disapproved
1530	procedure at the next meeting of the board of trustees.
1531	Section 52. Paragraph (d) of subsection (3) of section
1532	1004.445, Florida Statutes, is amended to read:
1533	1004.445 Florida Alzheimer's Center and Research
1534	Institute.--
1535	(3) The State Board of Education shall provide in the
1536	agreement with the not-for-profit corporation for the following:
1537	(d) Preparation of an annual financial audit pursuant to
1538	s. 11.45postaudit of the not-for-profit corporation's financial
1539	accounts and the financialaccounts of any subsidiaries to be
1540	conducted by an independent certified public accountant. The
1541	annual audit report shall include management letters and shall
1542	be submitted to the Auditor General and the State Board of
1543	Education for review. The State Board of Education, the Auditor
1544	General, and the Office of Program Policy Analysis and
1545	Government Accountability shall have the authority to require
1546	and receive from the not-for-profit corporation and any
1547	subsidiaries, or from their independent auditor, any detail or
1548	supplemental data relative to the operation of the not-for-
1549	profit corporation or subsidiary.
1550	Section 53. Subsection (1) of section 1005.04, Florida
1551	Statutes, is amended to read:
1552	1005.04 Fair consumer practices.--
1553	(1) Every institution that is under the jurisdiction of
1554	the commission or is exempt from the jurisdiction or purview of
1555	the commission pursuant to s. 1005.06(1)(c) or (f) and that
1556	either directly or indirectly solicits for enrollment any
1557	student shall:
1558	(a) Disclose to each prospective student a statement of
1559	the purpose of such institution, its educational programs and
1560	curricula, a description of its physical facilities, its status
1561	regarding licensure, its fee schedule and policies regarding
1562	retaining student fees if a student withdraws, and a statement
1563	regarding the transferability of credits to and from other
1564	institutions. The institution shall make the required
1565	disclosures in writing at least 1 week prior to enrollment or
1566	collection of any tuition from the prospective student. The
1567	required disclosures may be made in the institution's current
1568	catalog;.
1569	(b) Use a reliable method to assess, before accepting a
1570	student into a program, the student's ability to complete
1571	successfully the course of study for which he or she has
1572	applied;
1573	(c) Inform each student accurately about financial
1574	assistance and obligations for repayment of loans; describe any
1575	employment placement services provided and the limitations
1576	thereof; and refrain from promising or implying guaranteed
1577	placement, market availability, or salary amounts;
1578	(d) Provide to prospective and enrolled students accurate
1579	information regarding the relationship of its programs to state
1580	licensure requirements for practicing related occupations and
1581	professions in Florida;
1582	(e) Ensure that all advertisements are accurate and not
1583	misleading;
1584	(f) Publish and follow an equitable prorated refund policy
1585	for all students, and follow both the federal refund guidelines
1586	for students receiving federal financial assistance and the
1587	minimum refund guidelines set by commission rule;
1588	(g) Follow the requirements of state and federal laws that
1589	require annual reporting with respect to crime statistics and
1590	physical plant safety and make those reports available to the
1591	public; and
1592	(h) Publish and follow procedures for handling student
1593	complaints, disciplinary actions, and appeals.
1594	Section 54. Subsection (5) of section 1006.14, Florida
1595	Statutes, is amended to read:
1596	1006.14 Secret societies prohibited in public K-12
1597	schools.--
1598	(5) It is unlawful for any student enrolled in any public
1599	K-12 school to be a member of, to join or to become a member of
1600	or to pledge himself or herself to become a member of any secret
1601	fraternity, sorority, or group wholly or partly formed from the
1602	membership of students attending public K-12 schools or to take
1603	part in the organization or formation of any such fraternity,
1604	sorority, or secret society; provided that this does not prevent
1605	any student from belonging to any organization fostered and
1606	promoted by the school authorities,;or approved and accepted by
1607	the school authorities and whose membership is selected on the
1608	basis of good character, good scholarship, leadership ability,
1609	and achievement.
1610	Section 55. Subsections (1) and (2) of section 1006.21,
1611	Florida Statutes, are amended to read:
1612	1006.21 Duties of district school superintendent and
1613	district school board regarding transportation.--
1614	(1) The district school superintendent shall ascertain
1615	which students should be transported to school or to school
1616	activities, determine the most effective arrangement of
1617	transportation routes to accommodate these students; recommend
1618	such routing to the district school board; recommend plans and
1619	procedures for providing facilities for the economical and safe
1620	transportation of students; recommend such rules and regulations
1621	as may be necessary and see that all rules and regulations
1622	relating to the transportation of students approved by the
1623	district school board, as well as rulesregulations of the State
1624	Board of Educationstate board, are properly carried into
1625	effect, as prescribed in this chapter.
1626	(2) After considering recommendations of the district
1627	school superintendent, the district school board shall make
1628	provision for the transportation of students to the public
1629	schools or school activities they are required or expected to
1630	attend; authorize transportation routes arranged efficiently and
1631	economically; provide the necessary transportation facilities,
1632	and, when authorized under rules of the State Board of Education
1633	and if more economical to do so, provide limited subsistence in
1634	lieu thereof; and adopt the necessary rules and regulationsto
1635	ensure safety, economy, and efficiency in the operation of all
1636	buses, as prescribed in this chapter.
1637	Section 56. Subsection (1) and paragraphs (a) and (b) of
1638	subsection (2) of section 1007.21, Florida Statutes, are amended
1639	to read:
1640	1007.21 Readiness for postsecondary education and the
1641	workplace.--
1642	(1) It is the intent of the Legislature that students and
1643	parents set early achievement and career goals for the student's
1644	post-high school experience. This section sets forth a model
1645	which schools, through their school advisory councils, may
1646	choose to implement to ensure that students are ready for
1647	postsecondary education and the workplace. If such a program is
1648	adopted, students and their parents shall have the option of
1649	participating in this model to plan the student's secondary
1650	level course of study. Parents and students are to become
1651	partners with school personnel in educational choice. Clear
1652	academic course expectations shall be made available to all
1653	students by allowing both student and parent or guardianchoice.
1654	(2)(a) Students entering the 9th grade and their parents
1655	shall be active participants in choosing an end-of-high-school
1656	student destination based upon both student and parent or
1657	guardiangoals. Four or more destinations should be available
1658	with bridges between destinations to enable students to shift
1659	destinations should they choose to change goals. The
1660	destinations shall accommodate the needs of students served in
1661	exceptional education programs to the extent appropriate for
1662	individual students. Exceptional education students may continue
1663	to follow the courses outlined in the district school board
1664	student progression plan. Participating students and their
1665	parents shall choose among destinations, which must include:
1666	1. Four-year college or university, community college plus
1667	university, or military academy.
1668	2. Two-year postsecondary degree.
1669	3. Postsecondary career and technical certificate.
1670	4. Immediate employment or entry-level military.
1671	(b) The student progression model toward a chosen
1672	destination shall include:
1673	1. A "path" of core courses leading to each of the
1674	destinations provided in paragraph (a).
1675	2. A recommended group of electives which shall help
1676	define each path.
1677	3. Provisions for a teacher, school administrator, other
1678	school staff member, or community volunteer to be assigned to a
1679	student as an "academic advocate" if parental or guardian
1680	involvement is lacking.
1681	Section 57. Paragraph (c) of subsection (3) of section
1682	1008.22, Florida Statutes, is amended to read:
1683	1008.22 Student assessment program for public schools.--
1684	(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1685	design and implement a statewide program of educational
1686	assessment that provides information for the improvement of the
1687	operation and management of the public schools, including
1688	schools operating for the purpose of providing educational
1689	services to youth in Department of Juvenile Justice programs.
1690	Pursuant to the statewide assessment program, the commissioner
1691	shall:
1692	(c) Develop and implement a student achievement testing
1693	program known as the Florida Comprehensive Assessment Test
1694	(FCAT) as part of the statewide assessment program, to be
1695	administered annually in grades 3 through 10 to measure reading,
1696	writing, science, and mathematics. Other content areas may be
1697	included as directed by the commissioner. The testing program
1698	must be designed so that:
1699	1. The tests measure student skills and competencies
1700	adopted by the State Board of Education as specified in
1701	paragraph (a). The tests must measure and report student
1702	proficiency levels in reading, writing, mathematics, and
1703	science. The commissioner shall provide for the tests to be
1704	developed or obtained, as appropriate, through contracts and
1705	project agreements with private vendors, public vendors, public
1706	agencies, postsecondary educational institutions, or school
1707	districts. The commissioner shall obtain input with respect to
1708	the design and implementation of the testing program from state
1709	educators and the public.
1710	2. The testing program will include a combination of norm-
1711	referenced and criterion-referenced tests and include, to the
1712	extent determined by the commissioner, questions that require
1713	the student to produce information or perform tasks in such a
1714	way that the skills and competencies he or she uses can be
1715	measured.
1716	3. Each testing program, whether at the elementary,
1717	middle, or high school level, includes a test of writing in
1718	which students are required to produce writings that are then
1719	scored by appropriate methods.
1720	4. A score is designated for each subject area tested,
1721	below which score a student's performance is deemed inadequate.
1722	The school districts shall provide appropriate remedial
1723	instruction to students who score below these levels.
1724	5. Students must earn a passing score on the grade 10
1725	assessment test described in this paragraph in reading, writing,
1726	and mathematics to qualify for a regular high school diploma.
1727	The State Board of Education shall designate a passing score for
1728	each part of the grade 10 assessment test. In establishing
1729	passing scores, the state board shall consider any possible
1730	negative impact of the test on minority students. All students
1731	who took the grade 10 FCAT during the 2000-2001 school year
1732	shall be required to earn the passing scores in reading and
1733	mathematics established by the State Board of Education for the
1734	March 2001 test administration. Such students who did not earn
1735	the established passing scores and must repeat the grade 10 FCAT
1736	are required to earn the passing scores established for the
1737	March 2001 test administration. All students who take the grade
1738	10 FCAT for the first time in March 2002 and thereaftershall be
1739	required to earn the passing scores in reading and mathematics
1740	established by the State Board of Education for the March 2002
1741	test administration. The State Board of Education shall adopt
1742	rules which specify the passing scores for the grade 10 FCAT.
1743	Any such rules, which have the effect of raising the required
1744	passing scores, shall only apply to students taking the grade 10
1745	FCAT for the first timeafter such rules are adopted by the
1746	State Board of Education.
1747	6. Participation in the testing program is mandatory for
1748	all students attending public school, including students served
1749	in Department of Juvenile Justice programs, except as otherwise
1750	prescribed by the commissioner. If a student does not
1751	participate in the statewide assessment, the district must
1752	notify the student's parent and provide the parent with
1753	information regarding the implications of such nonparticipation.
1754	If modifications are made in the student's instruction to
1755	provide accommodations that would not be permitted on the
1756	statewide assessment tests, the district must notify the
1757	student's parent of the implications of such instructional
1758	modifications. A parent must provide signed consent for a
1759	student to receive instructional modifications that would not be
1760	permitted on the statewide assessments and must acknowledge in
1761	writing that he or she understands the implications of such
1762	accommodations. The State Board of Education shall adopt rules,
1763	based upon recommendations of the commissioner, for the
1764	provision of test accommodations and modifications of procedures
1765	as necessary for students in exceptional education programs and
1766	for students who have limited English proficiency.
1767	Accommodations that negate the validity of a statewide
1768	assessment are not allowable.
1769	7. A student seeking an adult high school diploma must
1770	meet the same testing requirements that a regular high school
1771	student must meet.
1772	8. District school boards must provide instruction to
1773	prepare students to demonstrate proficiency in the skills and
1774	competencies necessary for successful grade-to-grade progression
1775	and high school graduation. If a student is provided with
1776	accommodations or modifications that are not allowable in the
1777	statewide assessment program, as described in the test manuals,
1778	the district must inform the parent in writing and must provide
1779	the parent with information regarding the impact on the
1780	student's ability to meet expected proficiency levels in
1781	reading, writing, and math. The commissioner shall conduct
1782	studies as necessary to verify that the required skills and
1783	competencies are part of the district instructional programs.
1784	9. The Department of Education must develop, or select,
1785	and implement a common battery of assessment tools that will be
1786	used in all juvenile justice programs in the state. These tools
1787	must accurately measure the skills and competencies established
1788	in the Florida Sunshine State Standards.
1789
1790	The commissioner may design and implement student testing
1791	programs, for any grade level and subject area, necessary to
1792	effectively monitor educational achievement in the state.
1793	Section 58. Paragraph (b) of subsection (6) and paragraph
1794	(b) subsection (7) of section 1008.25, Florida Statutes, are
1795	amended to read:
1796	1008.25 Public school student progression; remedial
1797	instruction; reporting requirements.--
1798	(6) ELIMINATION OF SOCIAL PROMOTION.--
1799	(b) The district school board may only exempt students
1800	from mandatory retention, as provided in paragraph (5)(b), for
1801	good cause. Good cause exemptions shall be limited to the
1802	following:
1803	1. Limited English proficient students who have had less
1804	than 2 years of instruction in an English for Speakers of Other
1805	Languages program.
1806	2. Students with disabilities whose individual education
1807	plan indicates that participation in the statewide assessment
1808	program is not appropriate, consistent with the requirements of
1809	State Board of Education rule.
1810	3. Students who demonstrate an acceptable level of
1811	performance on an alternative standardized reading assessment
1812	approved by the State Board of Education.
1813	4. Students who demonstrate, through a student portfolio,
1814	that the student is reading on grade level as evidenced by
1815	demonstration of mastery of the Sunshine State Standards in
1816	reading equal to at least a Level 2 performance on the FCAT.
1817	5. Students with disabilities who participate in the FCAT
1818	and who have an individual education plan or a Section 504 plan
1819	that reflects that the student has received the intensive
1820	remediation in reading, as required by paragraph(4)(b), for more
1821	than 2 years but still demonstrates a deficiency in reading and
1822	was previously retained in kindergarten, grade 1, or grade 2, or
1823	grade 3.
1824	6. Students who have received the intensive remediation in
1825	reading as required by paragraph (4)(b) for 2 or more years but
1826	still demonstrate a deficiency in reading and who were
1827	previously retained in kindergarten, grade 1, or grade 2 for a
1828	total of 2 years. Intensive reading instruction for students so
1829	promoted must include an altered instructional day based upon an
1830	academic improvement plan that includes specialized diagnostic
1831	information and specific reading strategies for each student.
1832	The district school board shall assist schools and teachers to
1833	implement reading strategies that research has shown to be
1834	successful in improving reading among low performing readers.
1835	(7) ANNUAL REPORT.--
1836	(b) Beginning with the 2001-2002 school year, each
1837	district school board must annually publish in the local
1838	newspaper, and report in writing to the State Board of Education
1839	by October 1September 1of each year, the following information
1840	on the prior school year:
1841	1. The provisions of this section relating to public
1842	school student progression and the district school board's
1843	policies and procedures on student retention and promotion.
1844	2. By grade, the number and percentage of all students in
1845	grades 3 through 10 performing at Levels 1 and 2 on the reading
1846	portion of the FCAT.
1847	3. By grade, the number and percentage of all students
1848	retained in grades 3 through 10.
1849	4. Information on the total number of students who were
1850	promoted for good cause, by each category of good cause as
1851	specified in paragraph (6)(b).
1852	5. Any revisions to the district school board's policy on
1853	student retention and promotion from the prior year.
1854	Section 59. Subsection (2) of section 1008.32, Florida
1855	Statutes, is amended to read:
1856	1008.32 State Board of Education oversight enforcement
1857	authority.--The State Board of Education shall oversee the
1858	performance of district school boards and public postsecondary
1859	educational institution boards in enforcement of all laws and
1860	rules. District school boards and public postsecondary
1861	educational institution boards shall be primarily responsible
1862	for compliance with law and state board rule.
1863	(2) The Commissioner of Education may investigate
1864	allegations of noncompliance with law or state board rule and
1865	determine probable cause., The commissioner shall report
1866	determinations of probable causeto the State Board of Education
1867	which shall require the district school board or public
1868	postsecondary educational institution board to document
1869	compliance with law or state board rule.
1870	Section 60. Subsection (2) of section 1008.37, Florida
1871	Statutes, is amended to read:
1872	1008.37 Postsecondary feedback of information to high
1873	schools.--
1874	(2) The Commissioner of Education shall report, by high
1875	school, to the State Board of Education and the Legislature, no
1876	later than November 3031of each year, on the number of prior
1877	year Florida high school graduates who enrolled for the first
1878	time in public postsecondary education in this state during the
1879	previous summer, fall, or spring term, indicating the number of
1880	students whose scores on the common placement test indicated the
1881	need for remediation through college-preparatory or vocational-
1882	preparatory instruction pursuant to s. 1004.91 or s. 1008.30.
1883	Section 61. Paragraphs (a) and (b) of subsection (2) of
1884	section 1009.21, Florida Statutes, are amended, and paragraph
1885	(d) is added to that subsection, to read:
1886	1009.21 Determination of resident status for tuition
1887	purposes.--Students shall be classified as residents or
1888	nonresidents for the purpose of assessing tuition in community
1889	colleges and state universities.
1890	(2)(a) To qualify as a resident for tuition purposes:
1891	1. A person or, if that person is a dependent child, his
1892	or her parent or parents must have established legal residence
1893	in this state and must have maintained legal residence in this
1894	state for at least 12 months immediately prior to his or her
1895	initial enrollment at a Florida postsecondary educational
1896	institution. For purposes of this section, the term "initial
1897	enrollment" is defined as the first day of classqualification.
1898	2. Every applicant for admission to an institution of
1899	higher education shall be required to make a statement as to his
1900	or her length of residence in the state and, further, shall
1901	establish that his or her presence or, if the applicant is a
1902	dependent child, the presence of his or her parent or parents in
1903	the state currently is, and during the requisite 12-month
1904	qualifying period was, for the purpose of maintaining a bona
1905	fide domicile, rather than for the purpose of maintaining a mere
1906	temporary residence or abode incident to enrollment in an
1907	institution of higher education.
1908	(b) However, with respect to a dependent child living with
1909	an adult relative other than the child's parent, such child may
1910	qualify as a resident for tuition purposes if the adult relative
1911	is a legal resident who has maintained legal residence in this
1912	state for at least 12 months immediately prior to the child's
1913	initial enrollment at a Florida postsecondary educational
1914	institutionqualification, provided the child has resided
1915	continuously with such relative for the 5 years immediately
1916	prior to the child's initial enrollmentqualification, during
1917	which time the adult relative has exercised day-to-day care,
1918	supervision, and control of the child.
1919	(d) A person who is classified as a nonresident for
1920	tuition purposes may become eligible for reclassification as a
1921	resident for tuition purposes if that person, or if that person
1922	is a dependent child, his or her parent, presents documentation
1923	that supports permanent residency in this state, such as
1924	documentation of permanent full-time employment for the previous
1925	12 months or the purchase of a home in this state and residence
1926	therein for the prior 12 months.
1927	Section 62. Subsection (3) of section 1009.24, Florida
1928	Statutes, is amended to read:
1929	1009.24 State university student fees.--
1930	(3) Within proviso in the General Appropriations Act and
1931	law, each board of trustees shall set university tuition and
1932	fees. The sum of the activity and service, health, and athletic
1933	fees a student is required to pay to register for a course shall
1934	not exceed 40 percent of the tuition established in law or in
1935	the General Appropriations Act. No university shall be required
1936	to lower any fee in effect on the effective date of this act in
1937	order to comply with this subsection. Within the 40 percent cap,
1938	universities may not increase the aggregate sum of activity and
1939	service, health, and athletic fees more than 5 percent per year
1940	unless specifically authorized in law or in the General
1941	Appropriations Act. This subsection does not prohibit a
1942	university from increasing or assessing optional fees related to
1943	specific activities if payment of such fees is not required as a
1944	part of registration for courses. Except as otherwise provided
1945	by law, the sum of nonresident tuition and out-of-state fees
1946	charged to undergraduates shall be sufficient to defray the full
1947	cost of undergraduate education.
1948	Section 63. Subsection (1) of section 1009.29, Florida
1949	Statutes, is amended to read:
1950	1009.29 Increased fees for funding financial aid
1951	program.--
1952	(1) Student tuition and registration fees at each state
1953	university and community college shall include up to $4.68 per
1954	quarter, or $7.02 per semester, per full-time student, or the
1955	per-student credit hour equivalents of such amounts. The fees
1956	provided for by this section shall be adjusted from time to
1957	time, as necessary, to comply with the debt service coverage
1958	requirements of the student loan revenue bonds issued pursuant
1959	to s. 1009.79. If the Division of Bond Finance of the State
1960	Board of Education and the Commissioner of Education determine
1961	that such fees are no longer required as security for revenue
1962	bonds issued pursuant to ss. 1009.78-1009.88, moneys previously
1963	collected pursuant to this section which are held in escrow,
1964	after administrative expenses have been met and up to $150,000
1965	has been used to establish a financial aid data processing
1966	system for the state universities incorporating the necessary
1967	features to meet the needs of all 11nineuniversities for
1968	application through disbursement processing, shall be
1969	reallocated to the generating institutions to be used for
1970	student financial aid programs, including, but not limited to,
1971	scholarships and grants for educational purposes. Upon such
1972	determination, such fees shall no longer be assessed and
1973	collected.
1974	Section 64. Paragraph (e) of subsection (1) and paragraph
1975	(a) of subsection (3) of section 1009.531, Florida Statutes, are
1976	amended to read:
1977	1009.531 Florida Bright Futures Scholarship Program;
1978	student eligibility requirements for initial awards.--
1979	(1) To be eligible for an initial award from any of the
1980	three types of scholarships under the Florida Bright Futures
1981	Scholarship Program, a student must:
1982	(e) Not have been found guilty of, or pledpleadnolo
1983	contendere to, a felony charge, unless the student has been
1984	granted clemency by the Governor and Cabinet sitting as the
1985	Executive Office of Clemency.
1986	(3) For purposes of calculating the grade point average to
1987	be used in determining initial eligibility for a Florida Bright
1988	Futures Scholarship, the department shall assign additional
1989	weights to grades earned in the following courses:
1990	(a) Courses identified in the course code directory as
1991	Advanced Placement, pre-International Baccalaureate, or
1992	International Baccalaureate, International General Certificate
1993	of Secondary Education, or Advanced International Certificate of
1994	Education.
1995
1996	The department may assign additional weights to courses, other
1997	than those described in paragraphs (a) and (b), that are
1998	identified by the Department of Education as containing rigorous
1999	academic curriculum and performance standards. The additional
2000	weight assigned to a course pursuant to this subsection shall
2001	not exceed 0.5 per course. The weighted system shall be
2002	developed and distributed to all high schools in the state prior
2003	to January 1, 1998. The department may determine a student's
2004	eligibility status during the senior year before graduation and
2005	may inform the student of the award at that time.
2006	Section 65. Paragraph (b) of subsection (1) of section
2007	1009.532, Florida Statutes, is amended to read:
2008	1009.532 Florida Bright Futures Scholarship Program;
2009	student eligibility requirements for renewal awards.--
2010	(1) To be eligible to renew a scholarship from any of the
2011	three types of scholarships under the Florida Bright Futures
2012	Scholarship Program, a student must:
2013	(b) Maintain the cumulative grade point average required
2014	by the scholarship program, except that:
2015	1. If a recipient's grades fall beneath the average
2016	required to renew a Florida Academic Scholarship, but are
2017	sufficient to renew a Florida Medallion Scholarship or a Florida
2018	Gold Seal Vocational Scholarship, the Department of Education
2019	may grant a renewal from one of those other scholarship
2020	programs, if the student meets the renewal eligibility
2021	requirements; or
2022	2. If, at any time during the eligibility period, a
2023	student's grades are insufficient to renew the scholarship, the
2024	student may restore eligibility by improving the grade point
2025	average to the required level. A student is eligible for such a
2026	restoration one timereinstatement only once. The Legislature
2027	encourages education institutions to assist students to
2028	calculate whether or not it is possible to raise the grade point
2029	average during the summer term. If the institution determines
2030	that it is possible, the education institution may so inform the
2031	department, which may reserve the student's award if funds are
2032	available. The renewal, however, must not be granted until the
2033	student achieves the required cumulative grade point average. If
2034	the summer term is not sufficient to raise the grade point
2035	average to the required renewal level, the student's next
2036	opportunity for renewal is the fall semester of the following
2037	academic year.
2038	Section 66. Paragraphs (b), (c), and (e) of subsection (1)
2039	of section 1009.534, Florida Statutes, are amended, paragraph
2040	(f) is added to that subsection, and subsection (3) of that
2041	section is amended, to read:
2042	1009.534 Florida Academic Scholars award.--
2043	(1) A student is eligible for a Florida Academic Scholars
2044	award if the student meets the general eligibility requirements
2045	for the Florida Bright Futures Scholarship Program and the
2046	student:
2047	(b) Has attended a home education program according to s.
2048	1002.41 during grades 11 and 12 or has completed the
2049	International Baccalaureate curriculum but failed to earn the
2050	International Baccalaureate Diploma or has completed the
2051	Advanced International Certificate of Education curriculum but
2052	failed to earn the Advanced International Certificate of
2053	Education Diploma, and has attained at least the score
2054	identified by rules of the State BoardDepartmentof Education
2055	on the combined verbal and quantitative parts of the Scholastic
2056	Aptitude Test, the Scholastic Assessment Test, or the recentered
2057	Scholastic Assessment Test of the College Entrance Examination,
2058	or an equivalent score on the ACT Assessment Program; or
2059	(c) Has been awarded an International Baccalaureate
2060	Diploma from the International Baccalaureate Organization
2061	Office; or
2062	(e) Has been recognized by the National Hispanic
2063	Recognition Program as a scholar recipient; or
2064	(f) Has been awarded an Advanced International Certificate
2065	of Education Diploma from the University of Cambridge
2066	International Examinations Office.
2067
2068	A student must complete a program of community service work, as
2069	approved by the district school board or the administrators of a
2070	nonpublic school, which shall include a minimum of 75 hours of
2071	service work and require the student to identify a social
2072	problem that interests him or her, develop a plan for his or her
2073	personal involvement in addressing the problem, and, through
2074	papers or other presentations, evaluate and reflect upon his or
2075	her experience.
2076	(3) To be eligible for a renewal award as a Florida
2077	Academic Scholar, a student must maintain the equivalent of a
2078	cumulative grade point average of 3.0 on a 4.0 scale with an
2079	opportunity for restoration one timeone reinstatementas
2080	provided in this chapter.
2081	Section 67. Paragraph (b) of subsection (1) and subsection
2082	(3) of section 1009.535, Florida Statutes, are amended to read:
2083	1009.535 Florida Medallion Scholars award.--
2084	(1) A student is eligible for a Florida Medallion Scholars
2085	award if the student meets the general eligibility requirements
2086	for the Florida Bright Futures Scholarship Program and the
2087	student:
2088	(b) Has attended a home education program according to s.
2089	1002.41 during grades 11 and 12 or has completed the
2090	International Baccalaureate curriculum but failed to earn the
2091	International Baccalaureate Diploma or has completed the
2092	Advanced International Certificate of Education curriculum but
2093	failed to earn the Advanced International Certificate of
2094	Education Diploma, and has attained at least the score
2095	identified by rules of the State BoardDepartmentof Education
2096	on the combined verbal and quantitative parts of the Scholastic
2097	Aptitude Test, the Scholastic Assessment Test, or the recentered
2098	Scholastic Assessment Test of the College Entrance Examination,
2099	or an equivalent score on the ACT Assessment Program; or
2100	(3) To be eligible for a renewal award as a Florida
2101	Medallion Scholar, a student must maintain the equivalent of a
2102	cumulative grade point average of 2.75 on a 4.0 scale with an
2103	opportunity for restorationreinstatementone time as provided
2104	in this chapter.
2105	Section 68. Subsection (3) of section 1009.536, Florida
2106	Statutes, is amended to read:
2107	1009.536 Florida Gold Seal Vocational Scholars award.--The
2108	Florida Gold Seal Vocational Scholars award is created within
2109	the Florida Bright Futures Scholarship Program to recognize and
2110	reward academic achievement and career and technical preparation
2111	by high school students who wish to continue their education.
2112	(3) To be eligible for a renewal award as a Florida Gold
2113	Seal Vocational Scholar, a student must maintain the equivalent
2114	of a cumulative grade point average of 2.75 on a 4.0 scale with
2115	an opportunity for restorationreinstatementone time as
2116	provided in this chapter.
2117	Section 69. Subsection (2) of section 1009.58, Florida
2118	Statutes, is amended to read:
2119	1009.58 Critical teacher shortage tuition reimbursement
2120	program.--
2121	(2) The State Board of Education shall adopt rules to
2122	implement the critical teacher shortage tuition reimbursement
2123	program. Any full-time public school employee or lab
2124	developmental researchschool employee certified to teach in
2125	this state is eligible for the program. For the purposes of this
2126	program, tuition reimbursement shall be limited to courses in
2127	critical teacher shortage areas as determined by the State Board
2128	of Education. Such courses shall be:
2129	(a) Graduate-level courses leading to a master's,
2130	specialist, or doctoral degree;
2131	(b) Graduate-level courses leading to a new certification
2132	area; or
2133	(c) State-approved undergraduate courses leading to an
2134	advanced degree or new certification area.
2135	Section 70. Section 1009.61, Florida Statutes, is amended
2136	to read:
2137	1009.61 Teacher/Quest Scholarship Program.--The
2138	Teacher/Quest Scholarship Program is created for the purpose of
2139	providing teachers with the opportunity to enhance their
2140	knowledge of science, mathematics, and computer applications in
2141	business, industry, and government. A school district or lab
2142	developmental researchschool may propose that one or more
2143	teachers be granted a Teacher/Quest Scholarship by submitting to
2144	the Department of Education:
2145	(1) A project proposal specifying activities a teacher
2146	will carry out to improve his or her:
2147	(a) Understanding of mathematical, scientific, or
2148	computing concepts;
2149	(b) Ability to apply and demonstrate such concepts through
2150	instruction;
2151	(c) Knowledge of career and technical requirements for
2152	competency in mathematics, science, and computing; and
2153	(d) Ability to integrate and apply technological concepts
2154	from all three fields; and
2155	(2) A contractual agreement with a private corporation or
2156	governmental agency that implements the project proposal and
2157	guarantees employment to the teacher during a summer or other
2158	period when schools are out of session. The agreement must
2159	stipulate a salary rate that does not exceed regular rates of
2160	pay and a gross salary amount consistent with applicable
2161	statutory and contractual provisions for the teacher's
2162	employment. The teacher's compensation shall be provided for on
2163	an equally matched basis by funds from the employing corporation
2164	or agency.
2165	Section 71. Section 1009.765, Florida Statutes, is amended
2166	to read:
2167	1009.765 Ethics in Business scholarships for community
2168	colleges and independent postsecondary educational
2169	institutions.--When the Department of Insurance receives a $6
2170	million settlement as specified in the Consent Order of the
2171	Treasurer and Insurance Commissioner, case number 18900-96-c,
2172	that portion of the $6 million not used to satisfy the
2173	requirements of section 18 of the Consent Order must be
2174	transferred from the Insurance Commissioner's Regulatory Trust
2175	Fund to the State Student Financial Assistance Trust Fund is
2176	appropriated from the State Student Financial Assistance Trust
2177	Fund to provide Ethics in Business scholarships to students
2178	enrolled in public community colleges and independent
2179	postsecondary educational institutions eligible to participate
2180	in the William L. Boyd, IV, Florida Resident Access Grant
2181	Program under s. 1009.89. The funds shall be allocated to
2182	institutions for scholarships in the following ratio: Two-thirds
2183	for community colleges and one-third for eligible independent
2184	institutions. The Department of Education shall administer the
2185	scholarship program for students attending community colleges
2186	and independent institutions. These funds must be allocated to
2187	institutions that provide an equal amount of matching funds
2188	generated by private donors for the purpose of providing Ethics
2189	in Business scholarships. Public funds may not be used to
2190	provide the match, nor may funds collected for other purposes.
2191	Notwithstanding any other provision of law, the State Board of
2192	Administration shall have the authority to invest the funds
2193	appropriated under this section. The State BoardDepartmentof
2194	Education may adopt rules for administration of the program.
2195	Section 72. Subsection (7) of section 1009.77, Florida
2196	Statutes, is amended to read:
2197	1009.77 Florida Work Experience Program.--
2198	(7) The State BoardDepartmentof Education shall
2199	prescribe such rules for the program as are necessary for its
2200	administration, for the determination of eligibility and
2201	selection of institutions to receive funds for students, to
2202	ensure the proper expenditure of funds, and to provide an
2203	equitable distribution of funds between students at public and
2204	independent colleges and universities.
2205	Section 73. Effective upon this act becoming a law and
2206	operating retroactively to January 7, 2003, section 1010.10,
2207	Florida Statutes, is created to read:
2208	1010.10 Florida Uniform Management of Institutional Funds
2209	Act.--
2210	(1) POPULAR NAME.--This section shall be known by the
2211	popular name the "Florida Uniform Management of Institutional
2212	Funds Act."
2213	(2) DEFINITIONS.--As used in this section:
2214	(a) "Endowment fund" means an institutional fund, or any
2215	part thereof, not wholly expendable by the institution on a
2216	current basis under the terms of the applicable gift instrument.
2217	(b) "Governing board" means the body responsible for the
2218	management of an institution or an institutional fund.
2219	(c) "Institution" means an incorporated or unincorporated
2220	organization organized and operated exclusively for the
2221	advancement of educational purposes, or a governmental entity to
2222	the extent that it holds funds exclusively for educational
2223	purposes.
2224	(d) "Institutional fund" means a fund held by an
2225	institution for its exclusive use, benefit, or purposes. The
2226	term excludes a fund held for an institution by a trustee that
2227	is not an institution. The term also excludes a fund in which a
2228	beneficiary that is not an institution has an interest other
2229	than possible rights that could arise upon violation or failure
2230	of the purposes of the fund.
2231	(e) "Instrument" means a will, deed, grant, conveyance,
2232	agreement, memorandum, electronic record, writing, or other
2233	governing document, including the terms of any institutional
2234	solicitations from which an institutional fund resulted, under
2235	which property is transferred to or held by an institution as an
2236	institutional fund.
2237	(3) EXPENDITURE OF ENDOWMENT FUNDS.--
2238	(a) A governing board may expend so much of an endowment
2239	fund as the governing board determines to be prudent for the
2240	uses and purposes for which the endowment fund is established,
2241	consistent with the goal of conserving the purchasing power of
2242	the endowment fund. In making its determination, the governing
2243	board shall use reasonable care, skill, and caution in
2244	considering the following:
2245	1. Purposes of the institution.
2246	2. Intent of the donors of the endowment fund.
2247	3. Terms of the applicable instrument.
2248	4. Long-term and short-term needs of the institution in
2249	carrying out its purposes.
2250	5. General economic conditions.
2251	6. Possible effect of inflation or deflation.
2252	7. Other resources of the institution.
2253	8. Perpetuation of the endowment.
2254
2255	Expenditures made under this paragraph will be considered to be
2256	prudent if the amount expended is consistent with the goal of
2257	preserving the purchasing power of the endowment fund.
2258	(b) A restriction upon the expenditure of an endowment
2259	fund may not be implied from a designation of a gift as an
2260	endowment, or from a direction or authorization in the
2261	instrument to use only "income," "interest," "dividends," or
2262	"rents, issues, or profits," or "to preserve the principal
2263	intact," or words of similar import.
2264	(c) The provisions of paragraph (a) shall not apply to an
2265	instrument if the instrument so indicates by stating, "I direct
2266	that the expenditure provision of paragraph (a) of subsection
2267	(3) of the Florida Uniform Management of Institutional Funds Act
2268	not apply to this gift" or words of similar import.
2269	(d) This subsection does not limit the authority of a
2270	governing board to expend funds as permitted under other law,
2271	the terms of the instrument, or the charter of the institution.
2272	(e) Except as otherwise provided, this subsection applies
2273	to instruments executed or in effect before or after the
2274	effective date of this section.
2275	(4) STANDARD OF CONDUCT.--
2276	(a) Members of a governing board shall invest and manage
2277	an institutional fund as a prudent investor would by considering
2278	the purposes, distribution requirements, and other circumstances
2279	of the fund. In satisfying this standard, the governing board
2280	shall exercise reasonable care, skill, and caution.
2281	(b) A governing board's investment and management
2282	decisions about individual assets shall be made not in isolation
2283	but in the context of the institutional fund's portfolio of
2284	investments as a whole and as a part of an overall investment
2285	strategy having risk and return objectives reasonably suited to
2286	the fund and to the institution.
2287	(c) Among circumstances that a governing board shall
2288	consider are:
2289	1. Long-term and short-term needs of the institution in
2290	carrying out its purposes.
2291	2. Its present and anticipated financial resources.
2292	3. General economic conditions.
2293	4. Possible effect of inflation or deflation.
2294	5. Expected tax consequences, if any, of investment
2295	decisions or strategies.
2296	6. The role that each investment or course of action plays
2297	within the overall investment portfolio of the institutional
2298	fund.
2299	7. Expected total return from income and appreciation of
2300	its investments.
2301	8. Other resources of the institution.
2302	9. Needs of the institution and the institutional fund for
2303	liquidity, regularity of income, and preservation or
2304	appreciation of capital.
2305	10. An asset's special relationship or special value, if
2306	any, to the purposes of the applicable gift instrument or to the
2307	institution.
2308	(d) A governing board shall make a reasonable effort to
2309	verify the facts relevant to the investment and management of
2310	institutional fund assets.
2311	(e) A governing board shall diversify the investments of
2312	an institutional fund unless the board reasonably determines
2313	that, because of special circumstances, the purposes of the fund
2314	are better served without diversifying.
2315	(f) A governing board shall invest and manage the assets
2316	of an institutional fund solely in the interest of the
2317	institution.
2318	(5) INVESTMENT AUTHORITY.--In addition to an investment
2319	otherwise authorized by law or by the applicable gift
2320	instrument, and without restriction to investments a fiduciary
2321	may make, the governing board, subject to any specific
2322	limitations set forth in the applicable gift instrument or in
2323	the applicable law other than law relating to investments by a
2324	fiduciary:
2325	(a) Within a reasonable time after receiving property,
2326	shall review the property and make and implement decisions
2327	concerning the retention and disposition of the assets in order
2328	to bring the portfolio of the institutional fund into compliance
2329	with the purposes, terms, distribution requirements, and other
2330	circumstances of the institution and with the requirements of
2331	this section.
2332	(b) May invest in any kind of property or type of
2333	investment consistent with the standards of this section.
2334	(c) May include all or any part of an institutional fund
2335	in any pooled or common fund maintained by the institution.
2336	(d) May invest all or any part of the institutional fund
2337	in any other pooled or common fund available for investment,
2338	including shares or interests in regulated investment companies,
2339	mutual funds, common trust funds, investment partnerships, real
2340	estate investment trusts, or similar organizations in which
2341	funds are commingled and investment determinations are made by
2342	persons other than the governing board.
2343	(6) DELEGATION OF INVESTMENT MANAGEMENT.--
2344	(a) Except as otherwise provided by applicable law
2345	relating to governmental institutions or funds, a governing
2346	board may delegate investment and management functions that a
2347	prudent governing body could properly delegate under the
2348	circumstances. A governing board shall exercise reasonable care,
2349	skill, and caution in:
2350	1. Selecting an agent.
2351	2. Establishing the scope and terms of the delegation
2352	consistent with the purposes of the institutional fund.
2353	3. Periodically reviewing the agent's actions in order to
2354	monitor the agent's performance and the agent's compliance with
2355	the terms of the delegation.
2356	(b) In performing a delegated function, an agent owes a
2357	duty to the governing board to exercise reasonable care to
2358	comply with the terms of the delegation.
2359	(c) The members of a governing board who comply with the
2360	requirements of paragraph (a) are not liable for the decisions
2361	or actions of the agent to whom the function was delegated.
2362	(d) By accepting the delegation of an investment or
2363	management function from a governing board of an institution
2364	that is subject to the laws of this state, an agent submits to
2365	the jurisdiction of the courts of this state in all actions
2366	arising from the delegation.
2367	(7) INVESTMENT COSTS.--In investing and managing trust
2368	assets, a governing board may only incur costs that are
2369	appropriate and reasonable in relation to the assets and the
2370	purposes of the institution.
2371	(8) RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--
2372	(a) With the written consent of the donor, a governing
2373	board may release, in whole or in part, a restriction imposed by
2374	the applicable instrument on the use or investment of an
2375	institutional fund.
2376	(b) If written consent of the donor cannot be obtained by
2377	reason of the donor's death, disability, unavailability, or
2378	impossibility of identification, a governing board may release,
2379	in whole or in part, a restriction imposed by the applicable
2380	instrument on the use or investment of an institutional fund if
2381	the fund has a total value of less than $100,000 and if the
2382	governing board, in its fiduciary judgment, concludes that the
2383	value of the fund is insufficient to justify the cost of
2384	administration as a separate institutional fund.
2385	(c) If written consent of the donor cannot be obtained by
2386	reason of the donor's death, disability, unavailability, or
2387	impossibility of identification, a governing board may apply in
2388	the name of the institution to the circuit court of the county
2389	in which the institution is located for release of a restriction
2390	imposed by the applicable instrument on the use or investment of
2391	an institutional fund. The Attorney General shall be notified of
2392	the application and shall be given an opportunity to be heard.
2393	If the court finds that the restriction is unlawful,
2394	impracticable, impossible to achieve, or wasteful, it may by
2395	order release the restriction in whole or in part. A release
2396	under this subsection may not change an endowment fund to a fund
2397	that is not an endowment fund.
2398	(d) A release under this subsection may not allow a fund
2399	to be used for purposes other than the educational purposes of
2400	the institution affected.
2401	(e) This subsection does not limit the application of the
2402	doctrine of cy pres.
2403	(9) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This act
2404	shall be so applied and construed as to effectuate its general
2405	purpose to make uniform the law with respect to the subject of
2406	this act among those states which enact it.
2407	Section 74. Subsection (5) of section 1010.215, Florida
2408	Statutes, is amended to read:
2409	1010.215 Educational funding accountability.--
2410	(5) The annual school public accountability report
2411	required by ss. 1001.42(16) and 1008.345 must include a school
2412	financial report. The purpose of the school financial report is
2413	to better inform parents and the public concerning how funds
2414	revenueswere spent to operate the school during the prior
2415	fiscal year. Each school's financial report must follow a
2416	uniform, districtwide format that is easy to read and
2417	understand.
2418	(a) Total revenue must be reported at the school,
2419	district, and state levels. The revenue sources that must be
2420	addressed are state and local funds, other than lottery funds;
2421	lottery funds; federal funds; and private donations.
2422	(b) Expenditures must be reported as the total
2423	expenditures per unweighted full-time equivalent student at the
2424	school level and the average expenditures per full-time
2425	equivalent student at the district and state levels in each of
2426	the following categories and subcategories:
2427	1. Teachers, excluding substitute teachers, and education
2428	paraprofessionals who provide direct classroom instruction to
2429	students enrolled in programs classified by s. 1011.62 as:
2430	a. Basic programs;
2431	b. Students-at-risk programs;
2432	c. Special programs for exceptional students;
2433	d. Career education programs; and
2434	e. Adult programs.
2435	2. Substitute teachers.
2436	3. Other instructional personnel, including school-based
2437	instructional specialists and their assistants.
2438	4. Contracted instructional services, including training
2439	for instructional staff and other contracted instructional
2440	services.
2441	5. School administration, including school-based
2442	administrative personnel and school-based education support
2443	personnel.
2444	6. The following materials, supplies, and operating
2445	capital outlay:
2446	a. Textbooks;
2447	b. Computer hardware and software;
2448	c. Other instructional materials;
2449	d. Other materials and supplies; and
2450	e. Library media materials.
2451	7. Food services.
2452	8. Other support services.
2453	9. Operation and maintenance of the school plant.
2454	(c) The school financial report must also identify the
2455	types of district-level expenditures that support the school's
2456	operations. The total amount of these district-level
2457	expenditures must be reported and expressed as total
2458	expenditures per full-time equivalent student.
2459	Section 75. Section 1010.75, Florida Statutes, is amended
2460	to read:
2461	1010.75 Teacher Certification Examination Trust Fund.--The
2462	proceeds for the certification examination fee levied pursuant
2463	to s. 1012.59 shall be remitted by the Department of Education
2464	to the Treasurer for deposit into and disbursed fromforthe
2465	"Teacher Certification Examination Trust Fund" as re-created by
2466	chapter 99-28, Laws of Florida.
2467	Section 76. Section 1011.24, Florida Statutes, is amended
2468	to read:
2469	1011.24 Special district units.--For the purposes of
2470	funding through this chapter and chapter 1013, labdevelopmental
2471	researchschools shall be designated as special school
2472	districts. Such districts shall be accountable to the Department
2473	of Education for budget requests and reports on expenditures.
2474	Section 77. Subsection (2) of section 1011.47, Florida
2475	Statutes, is amended to read:
2476	1011.47 Auxiliary enterprises; contracts, grants, and
2477	donations.--As used in s. 19(f)(3), Art. III of the State
2478	Constitution, the term:
2479	(2) "Contracts, grants, and donations" includes
2480	noneducational and general funding sources in support of
2481	research, public services, and training. The term includes
2482	grants and donations, sponsored-research contracts, and
2483	Department of Education funding for labdevelopmental research
2484	schools and other activities for which the funds are deposited
2485	outside the State Treasury.
2486	Section 78. Subsection (2) of section 1011.60, Florida
2487	Statutes, is amended to read:
2488	1011.60 Minimum requirements of the Florida Education
2489	Finance Program.--Each district which participates in the state
2490	appropriations for the Florida Education Finance Program shall
2491	provide evidence of its effort to maintain an adequate school
2492	program throughout the district and shall meet at least the
2493	following requirements:
2494	(2) MINIMUM TERM.--Operate all schools for a term of at
2495	least 180 actual teaching days as prescribed in s. 1003.01(14)
2496	or the equivalent on an hourly basis as specified by rules of
2497	the State Board of Education each school year. The State Board
2498	of Education may prescribe procedures for altering, and, upon
2499	written application, may alter, this requirement during a
2500	national, state, or local emergency as it may apply to an
2501	individual school or schools in any district or districts if, in
2502	the opinion of the board, it is not feasible to make up lost
2503	days, and the apportionment may, at the discretion of the
2504	Commissioner of Education and if the board determines that the
2505	reduction of school days is caused by the existence of a bona
2506	fide emergency, be reduced for such district or districts in
2507	proportion to the decrease in the length of term in any such
2508	school or schools. A strike, as defined in s. 447.203(6), by
2509	employees of the school district may not be considered an
2510	emergency. The State Board of Education may authorize a decrease
2511	in the minimum number of days of instruction by up to 4 days for
2512	grade 12 students for purposes of graduation without
2513	proportionate reduction in funding.
2514	Section 79. Paragraphs (f) and (h) of subsection (1) of
2515	section 1011.62, Florida Statutes, are amended to read:
2516	1011.62 Funds for operation of schools.--If the annual
2517	allocation from the Florida Education Finance Program to each
2518	district for operation of schools is not determined in the
2519	annual appropriations act or the substantive bill implementing
2520	the annual appropriations act, it shall be determined as
2521	follows:
2522	(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2523	OPERATION.--The following procedure shall be followed in
2524	determining the annual allocation to each district for
2525	operation:
2526	(f) Supplemental academic instruction; categorical fund.--
2527	1. There is created a categorical fund to provide
2528	supplemental academic instruction to students in kindergarten
2529	through grade 12. This paragraph may be cited as the
2530	"Supplemental Academic Instruction Categorical Fund."
2531	2. Categorical funds for supplemental academic instruction
2532	shall be allocated annually to each school district in the
2533	amount provided in the General Appropriations Act. These funds
2534	shall be in addition to the funds appropriated on the basis of
2535	FTE student membership in the Florida Education Finance Program
2536	and shall be included in the total potential funds of each
2537	district. These funds shall be used to provide supplemental
2538	academic instruction to students enrolled in the K-12 program.
2539	Supplemental instruction strategies may include, but are not
2540	limited to: modified curriculum, reading instruction, after-
2541	school instruction, tutoring, mentoring, class size reduction,
2542	extended school year, intensive skills development in summer
2543	school, and other methods for improving student achievement.
2544	Supplemental instruction may be provided to a student in any
2545	manner and at any time during or beyond the regular 180-day term
2546	identified by the school as being the most effective and
2547	efficient way to best help that student progress from grade to
2548	grade and to graduate.
2549	3. Effective with the 1999-2000 fiscal year, funding on
2550	the basis of FTE membership beyond the 180-day regular term
2551	shall be provided in the FEFP only for students enrolled in
2552	juvenile justice education programs. Funding for instruction
2553	beyond the regular 180-day school year for all other K-12
2554	students shall be provided through the supplemental academic
2555	instruction categorical fund and other state, federal, and local
2556	fund sources with ample flexibility for schools to provide
2557	supplemental instruction to assist students in progressing from
2558	grade to grade and graduating.
2559	4. The Florida State University School, as a lab
2560	developmental researchschool, is authorized to expend from its
2561	FEFP or Lottery Enhancement Trust Fund allocation the cost to
2562	the student of remediation in reading, writing, or mathematics
2563	for any graduate who requires remediation at a postsecondary
2564	educational institution.
2565	5. Beginning in the 1999-2000 school year, dropout
2566	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
2567	(b), and (c), and 1003.54 shall be included in group 1 programs
2568	under subparagraph (d)3.
2569	(h) Small, isolated high schools.--Districts which levy
2570	the maximum nonvoted discretionary millage, exclusive of millage
2571	for capital outlay purposes levied pursuant to s. 1011.71(2),
2572	may calculate full-time equivalent students for small, isolated
2573	high schools by multiplying the number of unweighted full-time
2574	equivalent students times 2.75; provided the school has attained
2575	a performance grade category "C" or better, pursuant to s.
2576	1008.34, for the previous yearpercentage of students at such
2577	school passing both parts of the high school competency test, as
2578	defined by law and rule, has been equal to or higher than such
2579	percentage for the state or district, whichever is greater. For
2580	the purpose of this section, the term "small, isolated high
2581	school" means any high school which is located no less than 28
2582	miles by the shortest route from another high school; which has
2583	been serving students primarily in basic studies provided by
2584	sub-subparagraphs (c)1.b. and c. and may include subparagraph
2585	(c)4.; and which has a membership of no more than 100 students,
2586	but no fewer than 28 students, in grades 9 through 12.
2587	Section 80. Subsections (2) and (5) of section 1011.70,
2588	Florida Statutes, are amended to read:
2589	1011.70 Medicaid certified school funding maximization.--
2590	(2) The Agency for Health Care AdministrationDepartment
2591	of Educationshall monitor compliance of each participating
2592	school district with the Medicaid provider agreements. In
2593	addition, the Agency for Health Care Administrationdepartment
2594	shall develop standardized recordkeeping procedures for the
2595	school districts that meet Medicaid requirements for audit
2596	purposes.
2597	(5) LabDevelopmental researchschools, as authorized
2598	under s. 1002.32, shall be authorized to participate in the
2599	Medicaid certified school match program on the same basis as
2600	school districtssubject to the provisions of subsections (1)-
2601	(4) and ss. 409.9071 and 409.908(21).
2602	Section 81. Paragraphs (a) and (c) of subsection (2) and
2603	paragraph (a) of subsection (3) of section 1011.765, Florida
2604	Statutes, are amended to read:
2605	1011.765 Florida Academic Improvement Trust Fund matching
2606	grants.--
2607	(2) ALLOCATION OF THE TRUST FUND.--Funds appropriated to
2608	the Florida Academic Improvement Trust Fund shall be allocated
2609	by the Consortium of Florida Education FoundationsDepartment of
2610	Educationin the following manner:
2611	(a) For every year in which there is a legislative
2612	appropriation to the trust fund, an equal amount of the annual
2613	appropriation, to be determined by dividing the total
2614	legislative appropriation by the number of local education
2615	foundations as well as the Florida School for the Deaf and the
2616	Blind, must be reserved for each public school district
2617	education foundation and the Florida School for the Deaf and the
2618	Blind Endowment Fund to provide each foundation and the Florida
2619	School for the Deaf and the Blind with an opportunity to receive
2620	and match appropriated funds. Trust funds that remain unmatched
2621	by contribution on January 15April 1of any year shall be made
2622	available for matching by any public school district education
2623	foundation and by the Florida School for the Deaf and the Blind
2624	which shall have an opportunity to apply for excess trust funds
2625	prior to the award of such funds.
2626	(c) Funds sufficient to provide the match shall be
2627	transferred from the state trust fund to the Consortium of
2628	Florida Education Foundationspublic school education foundation
2629	or to the Florida School for the Deaf and the Blind Endowment
2630	Fund upon certificationnotificationthat a proportionate amount
2631	has been received and deposited by the individual foundation or
2632	the Florida School for the Deaf and the Blindschool into its
2633	own trust fund.
2634	(3) GRANT ADMINISTRATION.--
2635	(a) Each public school district education foundation and
2636	the Florida School for the Deaf and the Blind participating in
2637	the Florida Academic Improvement Trust Fund shall separately
2638	account for all funds received pursuant to this section, and may
2639	establish its own academic improvement trust fund as a
2640	depository for the private contributions, state matching funds,
2641	and earnings on investments of such funds. State matching funds
2642	shall be administered by the Consortium of Florida Education
2643	Foundations andtransferred to the public school district
2644	education foundation or to the Florida School for the Deaf and
2645	the Blind Endowment Fund upon certificationnotificationthat
2646	the foundation or school has received and deposited private
2647	contributions that meet the criteria for matching as provided in
2648	this section. The public school district education foundations
2649	and the Florida School for the Deaf and the Blind are
2650	responsible for the maintenance, investment, and administration
2651	of their academic improvement trust funds.
2652	Section 82. Section 1011.94, Florida Statutes, is amended
2653	to read:
2654	1011.94 Trust Fund for University Major Gifts.--
2655	(1) There is established a Trust Fund for University Major
2656	Gifts. The purpose of the trust fund is to enable each
2657	university and New College to provide donors with an incentive
2658	in the form of matching grants for donations for the
2659	establishment of permanent endowments and sales tax exemption
2660	matching funds received pursuant to s. 212.08(5)(j), which must
2661	be invested, with the proceeds of the investment used to support
2662	university priorities as established by the university board of
2663	trusteeslibraries and instruction and research programs, as
2664	defined by the State Board of Education. All funds appropriated
2665	for the challenge grants, new donors, major gifts, sales tax
2666	exemption matching funds pursuant to s. 212.08(5)(j), or eminent
2667	scholars program must be deposited into the trust fund and
2668	invested pursuant to s. 18.125 until the Board of Governors
2669	State Board of Educationallocates the funds to universities to
2670	match private donations. Notwithstanding s. 216.301 and pursuant
2671	to s. 216.351, any undisbursed balance remaining in the trust
2672	fund and interest income accruing to the portion of the trust
2673	fund which is not matched and distributed to universities must
2674	remain in the trust fund and be used to increase the total funds
2675	available for challenge grants. Funds deposited in the trust
2676	fund for the sales tax exemption matching program authorized in
2677	s. 212.08(5)(j), and interest earnings thereon, shall be
2678	maintained in a separate account within the Trust Fund for
2679	University Major Gifts, and may be used only to match qualified
2680	sales tax exemptions that a certified business designates for
2681	use by state universities and community colleges to support
2682	research and development projects requested by the certified
2683	business. The Board of GovernorsState Board of Educationmay
2684	authorize any university to encumber the state matching portion
2685	of a challenge grant from funds available under s. 1011.45.
2686	(2) The Board of GovernorsState Board of Educationshall
2687	specify the process for submission, documentation, and approval
2688	of requests for matching funds, accountability for endowments
2689	and proceeds of endowments, allocations to universities,
2690	restrictions on the use of the proceeds from endowments, and
2691	criteria used in determining the value of donations.
2692	(3)(a) The Board of GovernorsState Board of Education
2693	shall allocate the amount appropriated to the trust fund to each
2694	university and New College based on the amount of the donation
2695	and the restrictions applied to the donation.
2696	(b) Donations for a specific purpose must be matched in
2697	the following manner:
2698	1. Each university that raises at least $100,000 but no
2699	more than $599,999 from a private source must receive a matching
2700	grant equal to 50 percent of the private contribution.
2701	2. Each university that raises a contribution of at least
2702	$600,000 but no more than $1 million from a private source must
2703	receive a matching grant equal to 70 percent of the private
2704	contribution.
2705	3. Each university that raises a contribution in excess of
2706	$1 million but no more than $1.5 million from a private source
2707	must receive a matching grant equal to 75 percent of the private
2708	contribution.
2709	4. Each university that raises a contribution in excess of
2710	$1.5 million but no more than $2 million from a private source
2711	must receive a matching grant equal to 80 percent of the private
2712	contribution.
2713	5. Each university that raises a contribution in excess of
2714	$2 million from a private source must receive a matching grant
2715	equal to 100 percent of the private contribution.
2716	6. The amount of matching funds used to match a single
2717	gift in any given year shall be limited to $3 million. The total
2718	amount of matching funds available for any single gift shall be
2719	limited to $15 million, to be distributed in equal amounts of $3
2720	million per year over a period of 5 years.
2721	(c) The Board of GovernorsState Board of Educationshall
2722	encumber state matching funds for any pledged contributions, pro
2723	rata, based on the requirements for state matching funds as
2724	specified for the particular challenge grant and the amount of
2725	the private donations actually received by the university for
2726	the respective challenge grant.
2727	(4) Matching funds may be provided for contributions
2728	encumbered or pledged under the Eminent Scholars Act prior to
2729	July 1, 1994, and for donations or pledges of any amount equal
2730	to or in excess of the prescribed minimums which are pledged for
2731	the purpose of this section.
2732	(5)(a) Each university foundation and New College
2733	Foundation shall establish a challenge grant account for each
2734	challenge grant as a depository for private contributions and
2735	state matching funds to be administered on behalf of the Board
2736	of GovernorsState Board of Education, the university, or New
2737	College. State matching funds must be transferred to a
2738	university foundation or New College Foundation upon
2739	notification that the university or New College has received and
2740	deposited the amount specified in this section in a foundation
2741	challenge grant account.
2742	(b) The foundation serving a university and New College
2743	Foundation each has the responsibility for the maintenance and
2744	investment of its challenge grant account and for the
2745	administration of the program on behalf of the university or New
2746	College, pursuant to procedures specified by the Board of
2747	GovernorsState Board of Education. Each foundation shall
2748	include in its annual report to the Board of GovernorsState
2749	Board of Educationinformation concerning collection and
2750	investment of matching gifts and donations and investment of the
2751	account.
2752	(c) A donation of at least $600,000 and associated state
2753	matching funds may be used to designate an Eminent Scholar
2754	Endowed Chair pursuant to procedures specified by the Board of
2755	GovernorsState Board of Education.
2756	(6) The donations, state matching funds, or proceeds from
2757	endowments established under this section may not be expended
2758	for the construction, renovation, or maintenance of facilities
2759	or for the support of intercollegiate athletics.
2760	Section 83. Subsections (1) and (3) of section 1012.21,
2761	Florida Statutes, are amended to read:
2762	1012.21 Department of Education duties; K-12 personnel.--
2763	(1) PERIODIC CRIMINAL HISTORY RECORD CHECKS.--In
2764	cooperation with the Florida Department of Law Enforcement, the
2765	department of Educationmay periodically perform criminal
2766	history record checks on individuals who hold a certificate
2767	pursuant to s. 1012.56 or s. 1012.57.
2768	(3) SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE TO
2769	CHILD SUPPORT DELINQUENCY.--The department of Educationshall
2770	allow applicants for new or renewal certificates and renewal
2771	certificate holders to be screened by the Title IV-D child
2772	support agency pursuant to s. 409.2598 to assure compliance with
2773	an obligation for support, as defined in s. 409.2554. The
2774	purpose of this section is to promote the public policy of this
2775	state as established in s. 409.2551. The department shall, when
2776	directed by the court, deny the application of any applicant
2777	found to have a delinquent support obligation. The department
2778	shall issue or reinstate the certificate without additional
2779	charge to the certificate holder when notified by the court that
2780	the certificate holder has complied with the terms of the court
2781	order. The department shall not be held liable for any
2782	certificate denial or suspension resulting from the discharge of
2783	its duties under this section.
2784	Section 84. Paragraph (a) of subsection (1) and paragraph
2785	(a) of subsection (3) of section 1012.585, Florida Statutes, are
2786	amended to read:
2787	1012.585 Process for renewal of professional
2788	certificates.--
2789	(1)(a) District school boards in this state shall renew
2790	state-issued professional certificates as follows:
2791	1. Each district school board shall renew state-issued
2792	professional certificates for individuals who hold a
2793	professional certificate by this state and are employed by that
2794	district pursuant to criteria established in subsections (2),
2795	(3), and (4) and rules of the State Board of Education.
2796	2. The employing school district may charge the individual
2797	an application fee not to exceed the amount charged by the
2798	Department of Education for such services, including associated
2799	late renewal fees. Each district school board shall transmit
2800	monthly to the department a fee in an amount established by the
2801	State Board of Education for each renewed certificate. The fee
2802	shall not exceed the actual cost for maintenance and operation
2803	of the statewide certification database and for the actual costs
2804	incurred in printing and mailing such renewed certificates. As
2805	defined in current rules of the state board, the department
2806	shall contribute a portion of such fee for purposes of funding
2807	the Educator Recovery Network established in s. 1012.798. The
2808	department shall deposit all funds into the Educational
2809	Certification and ServiceTrust Fund for use as specified in s.
2810	1012.59.
2811	(3) For the renewal of a professional certificate, the
2812	following requirements must be met:
2813	(a) The applicant must earn a minimum of 6 college credits
2814	or 120 inservice points or a combination thereof. For each area
2815	of specialization to be retained on a certificate, the applicant
2816	must earn at least 3 of the required credit hours or equivalent
2817	inservice points in the specialization area. Education in
2818	"clinical educator" training pursuant to s. 1004.04(5)(b) and
2819	credits or points that provide training in the area of
2820	exceptional student education, normal child development, and the
2821	disorders of development may be applied toward any
2822	specialization area. Credits or points that provide training in
2823	the areas of drug abuse, child abuse and neglect, strategies in
2824	teaching students having limited proficiency in English, or
2825	dropout prevention, or training in areas identified in the
2826	educational goals and performance standards adopted pursuant to
2827	ss. 1000.03(5) and 1008.3451001.23may be applied toward any
2828	specialization area. Credits or points earned through approved
2829	summer institutes may be applied toward the fulfillment of these
2830	requirements. Inservice points may also be earned by
2831	participation in professional growth components approved by the
2832	State Board of Education and specified pursuant to s. 1012.98 in
2833	the district's approved master plan for inservice educational
2834	training, including, but not limited to, serving as a trainer in
2835	an approved teacher training activity, serving on an
2836	instructional materials committee or a state board or commission
2837	that deals with educational issues, or serving on an advisory
2838	council created pursuant to s. 1001.452.
2839	Section 85. Paragraph (a) of subsection (2) of section
2840	1012.61, Florida Statutes, is amended to read:
2841	1012.61 Sick leave.--
2842	(2) PROVISIONS GOVERNING SICK LEAVE.--The following
2843	provisions shall govern sick leave:
2844	(a) Extent of leave.--
2845	1. Each member of the instructional staff employed on a
2846	full-time basis is entitled to 4 days of sick leave as of the
2847	first day of employment of each contract year and shall
2848	thereafter earn 1 day of sick leave for each month of
2849	employment, which shall be credited to the member at the end of
2850	that month and which may not be used before it is earned and
2851	credited to the member. Each other employee shall be credited
2852	with 4 days of sick leave at the end of the first month of
2853	employment of each contract year and shall thereafter be
2854	credited for 1 day of sick leave for each month of employment,
2855	which shall be credited to the employee at the end of the month
2856	and which may not be used before it is earned and credited to
2857	the employee. However, each member of the instructional staff
2858	and each other employee is entitled to earn no more than 1 day
2859	of sick leave times the number of months of employment during
2860	the year of employment. If the employee terminates his or her
2861	employment and has not accrued the 4 days of sick leave
2862	available to him or her, the district school board may withhold
2863	the average daily amount for the days of sick leave used but
2864	unearned by the employee. Such leave may be taken only when
2865	necessary because of sickness as prescribed in this section. The
2866	sick leave shall be cumulative from year to year. There shall be
2867	no limit on the number of days of sick leave which a member of
2868	the instructional staff or an educational support employee may
2869	accrue, except that at least one-half of this cumulative leave
2870	must be established within the district granting such leave.
2871	2. A district school board may establish policies and
2872	prescribe standards to permit an employee to be absent 6 days
2873	each school year for personal reasons. However, such absences
2874	for personal reasons must be charged only to accrued sick leave,
2875	and leave for personal reasons is noncumulative.
2876	3. District school boards may adopt rules permitting the
2877	annual payment for accumulated sick leave that is earned for
2878	that year and that is unused at the end of the school year,
2879	based on the daily rate of pay of the employee multiplied by up
2880	to 80 percent. Days for which such payment is received shall be
2881	deducted from the accumulated leave balance. Such annual payment
2882	may apply only to instructional staff and educational support
2883	employees.
2884	4. A district school board may establish policies to
2885	provide terminal pay for accumulated sick leave to instructional
2886	staff and educational support employees of the district school
2887	board. If termination of employment is by death of the employee,
2888	any terminal pay to which the employee may have been entitled
2889	may be made to his or her beneficiary. However, such terminal
2890	pay may not exceed an amount determined as follows:
2891	a. During the first 3 years of service, the daily rate of
2892	pay multiplied by 35 percent times the number of days of
2893	accumulated sick leave.
2894	b. During the next 3 years of service, the daily rate of
2895	pay multiplied by 40 percent times the number of days of
2896	accumulated sick leave.
2897	c. During the next 3 years of service, the daily rate of
2898	pay multiplied by 45 percent times the number of days of
2899	accumulated sick leave.
2900	d. During the next 3 years of service, the daily rate of
2901	pay multiplied by 50 percent times the number of days of
2902	accumulated sick leave.
2903	e. During and after the 13th year of service, the daily
2904	rate of pay multiplied by 100 percent times the number of days
2905	of accumulated sick leave.
2906	5. A district school board may establish policies to
2907	provide terminal pay for accumulated sick leave to any full-time
2908	employee of the district school board other than instructional
2909	staff or educational support employees as defined in this
2910	section. If termination of the employee is by death of the
2911	employee, any terminal pay to which the employee may have been
2912	entitled may be made to the employee's beneficiary.
2913	a. Terminal pay may not exceed one-fourth of all unused
2914	sick leave accumulated on or after July 1, 2001, and may not
2915	exceed a maximum of 60 days of actual payment. This limit does
2916	not impair any contractual agreement established before July 1,
2917	2001; however, a previously established contract renewed on or
2918	after July 1, 2001, constitutes a new contract.
2919	b. For unused sick leave accumulated before July 1, 2001,
2920	terminal payment shall be made pursuant to a district school
2921	board's policies, contracts, or rules that are in effect on June
2922	30, 2001.
2923	c. If an employee has an accumulated sick leave balance of
2924	60 days of actual payment or more prior to July 1, 2001, sick
2925	leave earned after that date may not be accumulated for terminal
2926	pay purposes until the accumulated leave balance for leave
2927	earned before July 1, 2001, is less than 60 days.
2928
2929	For purposes of this section, an educational support employee
2930	means any person employed by a district school board as a
2931	teacher assistant; an education paraprofessional; a member of
2932	the transportation, operations, maintenance, or food service
2933	department; a secretary; or a clerical employee.
2934	Section 86. Section 1012.62, Florida Statutes, is amended
2935	to read:
2936	1012.62 Transfer of sick leave and annual leave.--In
2937	implementing the provisions of ss. 402.22(1)(d) and
2938	1001.42(4)(m)1001.42(4)(n), educational personnel in Department
2939	of Children and Family Services residential care facilities who
2940	are employed by a district school board may request, and the
2941	district school board shall accept, a lump-sum transfer of
2942	accumulated sick leave for such personnel to the maximum allowed
2943	by policies of the district school board, notwithstanding the
2944	provisions of s. 110.122. Educational personnel in Department of
2945	Children and Family Services residential care facilities who are
2946	employed by a district school board under the provisions of s.
2947	402.22(1)(d) may request, and the district school board shall
2948	accept, a lump-sum transfer of accumulated annual leave for each
2949	person employed by the district school board in a position in
2950	the district eligible to accrue vacation leave under policies of
2951	the district school board.
2952	Section 87. Paragraphs (b) and (c) of subsection (2) of
2953	section 1012.74, Florida Statutes, are amended to read:
2954	1012.74 Florida educators professional liability insurance
2955	protection.--
2956	(2)
2957	(b) Educator professional liability coverage shall be
2958	extended at cost to all instructional personnel, as defined by
2959	s. 1012.01(2)1012.01(3), who are part-time personnel, as
2960	defined by the district school board policy, and choose to
2961	participate in the state-provided program.
2962	(c) Educator professional liability coverage shall be
2963	extended at cost to all administrative personnel, as defined by
2964	s. 1012.01(3)1012.01(2), who choose to participate in the
2965	state-provided program.
2966	Section 88. Paragraph (b) of subsection (7) of section
2967	1012.79, Florida Statutes, is amended to read:
2968	1012.79 Education Practices Commission; organization.--
2969	(7) The duties and responsibilities of the commission are
2970	to:
2971	(b) Revoke or suspend a certificate or take other
2972	appropriate action as provided in ss. 1012.7951012.56and
2973	1012.796.
2974	Section 89. Subsection (2) of section 1012.795, Florida
2975	Statutes, is amended to read:
2976	1012.795 Education Practices Commission; authority to
2977	discipline.--
2978	(2) The plea of guilty in any court, the decision of
2979	guilty by any court, the forfeiture by the teaching certificate
2980	holder of a bond in any court of law, or the written
2981	acknowledgment, duly witnessed, of offenses listed in subsection
2982	(1) to the district school superintendent or a duly appointed
2983	representative of such superintendentor to the district school
2984	board shall be prima facie proof of grounds for revocation of
2985	the certificate as listed in subsection (1) in the absence of
2986	proof by the certificate holder that the plea of guilty,
2987	forfeiture of bond, or admission of guilt was caused by threats,
2988	coercion, or fraudulent means.
2989	Section 90. Paragraph (c) of subsection (1) of section
2990	1012.796, Florida Statutes, amended to read:
2991	1012.796 Complaints against teachers and administrators;
2992	procedure; penalties.--
2993	(1)
2994	(c) Each school district shall file in writing with the
2995	department all legally sufficient complaints within 30 days
2996	after the date on which subject matter of the complaint comes to
2997	the attention of the school district. The school district shall
2998	include all information relating to the complaint which is known
2999	to the school district at the time of filing. Each district
3000	school board shall develop policies and procedures to comply
3001	with this reporting requirement. The district school board
3002	policies and procedures shall include appropriate penalties for
3003	all personnel of the district school board for nonreporting and
3004	procedures for promptly informing the district school
3005	superintendent of each legally sufficient complaint. The
3006	district school superintendent is charged with knowledge of
3007	these policies and procedures. If the district school
3008	superintendent has knowledge of a legally sufficient complaint
3009	and does not report the complaint, or fails to enforce the
3010	policies and procedures of the district school board, and fails
3011	to comply with the requirements of this subsection, in addition
3012	to other actions against certificate holders authorized by law,
3013	the district school superintendent shall be subject to penalties
3014	as specified in s. 1001.51(12)1001.51(13). This paragraph does
3015	not limit or restrict the power and duty of the department to
3016	investigate complaints as provided in paragraphs(a) and (b),
3017	regardless of the school district's untimely filing, or failure
3018	to file, complaints and followup reports.
3019	Section 91. Paragraph (b) of subsection (4) of section
3020	1012.98, Florida Statutes, is amended to read:
3021	1012.98 School Community Professional Development Act.--
3022	(4) The Department of Education, school districts,
3023	schools, community colleges, and state universities share the
3024	responsibilities described in this section. These
3025	responsibilities include the following:
3026	(b) Each school district shall develop a professional
3027	development system. The system shall be developed in
3028	consultation with teachers and representatives of community
3029	college and stateuniversity faculty, community agencies, and
3030	other interested citizen groups to establish policy and
3031	procedures to guide the operation of the district professional
3032	development program. The professional development system must:
3033	1. Be approved by the department. All substantial
3034	revisions to the system shall be submitted to the department for
3035	review for continued approval.
3036	2. Require the use of student achievement data; school
3037	discipline data; school environment surveys; assessments of
3038	parental satisfaction; performance appraisal data of teachers,
3039	managers, and administrative personnel; and other performance
3040	indicators to identify school and student needs that can be met
3041	by improved professional performance.
3042	3. Provide inservice activities coupled with followup
3043	support that are appropriate to accomplish district-level and
3044	school-level improvement goals and standards. The inservice
3045	activities for instructional personnel shall primarily focus on
3046	subject content and teaching methods, including technology, as
3047	related to the Sunshine State Standards, assessment and data
3048	analysis, classroom management, and school safety.
3049	4. Include a master plan for inservice activities,
3050	pursuant to rules of the State Board of Education, for all
3051	district employees from all fund sources. The master plan shall
3052	be updated annually by September 1 using criteria for continued
3053	approval as specified by rules of the State Board of Education.
3054	Written verification that the inservice plan meets all
3055	requirements of this section must be submitted annually to the
3056	commissioner by October 1.
3057	5. Require each school principal to establish and maintain
3058	an individual professional development plan for each
3059	instructional employee assigned to the school. The individual
3060	professional development plan must:
3061	a. Be related to specific performance data for the
3062	students to whom the teacher is assigned.
3063	b. Define the inservice objectives and specific measurable
3064	improvements expected in student performance as a result of the
3065	inservice activity.
3066	c. Include an evaluation component that determines the
3067	effectiveness of the professional development plan.
3068	6. Include inservice activities for school administrative
3069	personnel that address updated skills necessary for effective
3070	school management and instructional leadership.
3071	7. Provide for systematic consultation with regional and
3072	state personnel designated to provide technical assistance and
3073	evaluation of local professional development programs.
3074	8. Provide for delivery of professional development by
3075	distance learning and other technology-based delivery systems to
3076	reach more educators at lower costs.
3077	9. Provide for the continuous evaluation of the quality
3078	and effectiveness of professional development programs in order
3079	to eliminate ineffective programs and strategies and to expand
3080	effective ones. Evaluations must consider the impact of such
3081	activities on the performance of participating educators and
3082	their students' achievement and behavior.
3083	Section 92. Paragraph (b) of subsection (1) of section
3084	1013.31, Florida Statutes, is amended to read:
3085	1013.31 Educational plant survey; localized need
3086	assessment; PECO project funding.--
3087	(1) At least every 5 years, each board shall arrange for
3088	an educational plant survey, to aid in formulating plans for
3089	housing the educational program and student population, faculty,
3090	administrators, staff, and auxiliary and ancillary services of
3091	the district or campus, including consideration of the local
3092	comprehensive plan. The Office of Workforce and Economic
3093	Development shall document the need for additional career and
3094	adult education programs and the continuation of existing
3095	programs before facility construction or renovation related to
3096	career or adult education may be included in the educational
3097	plant survey of a school district or community college that
3098	delivers career or adult education programs. Information used by
3099	the Office of Workforce and Economic Development to establish
3100	facility needs must include, but need not be limited to, labor
3101	market data, needs analysis, and information submitted by the
3102	school district or community college.
3103	(b) Required need assessment criteria for district,
3104	community college, collegeand state university plant
3105	surveys.--Educational plant surveys must use uniform data
3106	sources and criteria specified in this paragraph. Each revised
3107	educational plant survey and each new educational plant survey
3108	supersedes previous surveys.
3109	1. The school district's survey must be submitted as a
3110	part of the district educational facilities plan defined in s.
3111	1013.35. To ensure that the data reported to the Department of
3112	Education as required by this section is correct, the department
3113	shall annually conduct an onsite review of 5 percent of the
3114	facilities reported for each school district completing a new
3115	survey that year. If the department's review finds the data
3116	reported by a district is less than 95 percent accurate, within
3117	1 year from the time of notification by the department the
3118	district must submit revised reports correcting its data. If a
3119	district fails to correct its reports, the commissioner may
3120	direct that future fixed capital outlay funds be withheld until
3121	such time as the district has corrected its reports so that they
3122	are not less than 95 percent accurate.
3123	2. Each survey of a special facility, joint-use facility,
3124	or cooperative career and technical education facility must be
3125	based on capital outlay full-time equivalent student enrollment
3126	data prepared by the department for school districts, community
3127	colleges, colleges,and universities. A survey of space needs of
3128	a joint-use facility shall be based upon the respective space
3129	needs of the school districts, community colleges, colleges,and
3130	universities, as appropriate. Projections of a school district's
3131	facility space needs may not exceed the norm space and occupant
3132	design criteria established by the State Requirements for
3133	Educational Facilities.
3134	3. Each community college's survey must reflect the
3135	capacity of existing facilities as specified in the inventory
3136	maintained by the Department of Education. Projections of
3137	facility space needs must comply with standards for determining
3138	space needs as specified by rule of the State Board of
3139	Education. The 5-year projection of capital outlay student
3140	enrollment must be consistent with the annual report of capital
3141	outlay full-time student enrollment prepared by the Department
3142	of Education.
3143	4. Each college andstate university's survey must reflect
3144	the capacity of existing facilities as specified in the
3145	inventory maintained and validated by the Department of
3146	EducationDivision of Colleges and Universities. Projections of
3147	facility space needs must be consistent with standards for
3148	determining space needs approved by the State Board of Education
3149	Division of Colleges and Universities. The projected capital
3150	outlay full-time equivalent student enrollment must be
3151	consistent with the 5-year planned enrollment cycle for the
3152	State University System approved by the State Board of Education
3153	Division of Colleges and Universities.
3154	5. The district educational facilities plan of a school
3155	district and the educational plant survey of a community
3156	college, or collegeor state university may include space needs
3157	that deviate from approved standards for determining space needs
3158	if the deviation is justified by the district or institution and
3159	approved by the department, as necessary for the delivery of an
3160	approved educational program.
3161	Section 93. Subsection (1) of section 1013.62, Florida
3162	Statutes, is amended to read:
3163	1013.62 Charter schools capital outlay funding.--
3164	(1) In each year in which funds are appropriated for
3165	charter school capital outlay purposes, the Commissioner of
3166	Education shall allocate the funds among eligible charter
3167	schools. To be eligible for a funding allocation, a charter
3168	school must meet the provisions of subsection (6), must have
3169	received final approval from its sponsor pursuant to s. 1002.33
3170	for operation during that fiscal year, and must serve students
3171	in facilities other than thosethat are notprovided by the
3172	charter school's sponsor regardless of whether the facilities
3173	are provided at no charge or for a nominal fee. Prior to the
3174	release of capital outlay funds to a school district on behalf
3175	of the charter school, the Department of Education shall ensure
3176	that the district school board and the charter school governing
3177	board enter into a written agreement that includes provisions
3178	for the reversion of any unencumbered funds and all equipment
3179	and property purchased with public education funds to the
3180	ownership of the district school board, as provided for in
3181	subsection (3), in the event that the school terminates
3182	operations. Any funds recovered by the state shall be deposited
3183	in the General Revenue Fund. A charter school is not eligible
3184	for a funding allocation if it was created by the conversion of
3185	a public school and operates in facilities provided by the
3186	charter school's sponsor for a nominal fee or at no charge or if
3187	it is directly or indirectly operated by the school district.
3188	Unless otherwise provided in the General Appropriations Act, the
3189	funding allocation for each eligible charter school shall be
3190	determined by multiplying the school's projected student
3191	enrollment by one-fifteenth of the cost-per-student station
3192	specified in s. 1013.64(6)(b) for an elementary, middle, or high
3193	school, as appropriate. If the funds appropriated are not
3194	sufficient, the commissioner shall prorate the available funds
3195	among eligible charter schools. Funds shall be distributed on
3196	the basis of the capital outlay full-time equivalent membership
3197	by grade level, which shall be calculated by averaging the
3198	results of the second and third enrollment surveys. The
3199	Department of Education shall distribute capital outlay funds
3200	monthly, beginning in the first quarter of the fiscal year,
3201	based on one-twelfth of the amount the department reasonably
3202	expects the charter school to receive during that fiscal year.
3203	The commissioner shall adjust subsequent distributions as
3204	necessary to reflect each charter school's actual student
3205	enrollment as reflected in the second and third enrollment
3206	surveys. The commissioner shall establish the intervals and
3207	procedures for determining the projected and actual student
3208	enrollment of eligible charter schools.
3209	Section 94. Subsection (6) of section 1013.73, Florida
3210	Statutes, is amended to read:
3211	1013.73 Effort index grants for school district
3212	facilities.--
3213	(6) A school district may receive a distribution for use
3214	pursuant to paragraph (3)(a) only if the district school board
3215	certifies to the Commissioner of Education that the district has
3216	no unmet need for permanent classroom facilities in its 5-year
3217	capital outlay work plan. If the work plan contains such unmet
3218	needs, the district must use its distribution for the payment of
3219	bonds under paragraph (3)(b)(2)(b). If the district does not
3220	require its full bonded distribution to eliminate such unmet
3221	needs, it may bond only that portion of its allocation necessary
3222	to meet the needs.
3223	Section 95. Subsection (1) of section 1013.74, Florida
3224	Statutes, is amended to read:
3225	1013.74 University authorization for fixed capital outlay
3226	projects.--
3227	(1) Notwithstanding the provisions of chapter 216,
3228	including s. 216.351, a university may accomplish fixed capital
3229	outlay projects consistent with the provisions of this section.
3230	Projects authorized by this section shall not require
3231	educational plant survey approval as prescribed in this chapter
3232	235.
3233	Section 96. Subsections (5) through (13) of section
3234	1005.31, Florida Statutes, are renumbered as subsections (6)
3235	through (14), respectively, subsection (4) of that section is
3236	amended, and a new subsection (5) is added to that section, to
3237	read:
3238	1005.31 Licensure of institutions.--
3239	(4) Approved-applicant status shall be extended to all
3240	institutions that have submitted a complete application, as
3241	defined in rule, for provisional licensure and paid all
3242	attendant fees. An incomplete application shall expire 1 year
3243	after initial filing.In granting approved-applicant status, the
3244	commission shall provide to commission staff and the institution
3245	a list of specific omissions or deficiencies.Institutions
3246	granted approved-applicant status may not advertise, offer
3247	programs of study, collect tuition or fees, or engage in any
3248	other activities not specifically approved by the commission. If
3249	the commission, or the commission staff if specifically directed
3250	by the commission, determines that the omissions or deficiencies
3251	have been provided for or corrected, the institution may be
3252	awarded a provisional license.
3253	(5) The commission shall ensure that applicants for
3254	licensure meet the standards as defined in rule through an
3255	investigative process. When the investigative process is not
3256	completed within the time set out in s. 120.60(1) and the
3257	commission has reason to believe that the applicant does not
3258	meet the criteria, the commission or commission staff may issue
3259	a 90-day licensure delay which shall be in writing and
3260	sufficient to notify the applicant of the reason for the delay.
3261	The provisions of this subsection shall control over any
3262	conflicting provisions of s. 120.60(1).
3263	Section 97. Subsection (7) of section 1005.32, Florida
3264	Statutes, is amended to read:
3265	1005.32 Licensure by means of accreditation.--
3266	(7) A license by means of accreditation may be denied,
3267	placed on probation, or revoked for repeated failure to comply
3268	with the requirements of this section, or for violation of any
3269	provision of this chapter pertaining to discipline or violation
3270	of any rules promulgated pursuant to this chapter pertaining to
3271	discipline. The commission shall adopt rules for these actions.
3272	Revocation or denial of a license by means of accreditation
3273	requires that the institution immediately obtain a provisional
3274	an annuallicense.
3275	Section 98. Subsections (5) through (8) of section
3276	1005.38, Florida Statutes, are renumbered as subsections (6)
3277	through (9), respectively, and a new subsection(5) is added to
3278	that section to read:
3279	1005.38 Actions against a licensee and other penalties.--
3280	(5) The commission may refuse to issue an initial license
3281	to any applicant who is under investigation or prosecution in
3282	any jurisdiction for an action that would constitute a violation
3283	of this chapter or the professional practice acts administered
3284	by the commission, until such time as the investigation or
3285	prosecution is complete, and the time period in which the
3286	licensure application must be granted or denied shall be tolled
3287	until 15 days after the receipt of the final results of the
3288	investigation or prosecution.
3289	Section 99. Paragraph (b) of subsection (1) of section
3290	1009.531, Florida Statutes, is amended to read:
3291	1009.531 Florida Bright Futures Scholarship Program;
3292	student eligibility requirements for initial awards.--
3293	(1) To be eligible for an initial award from any of the
3294	three types of scholarships under the Florida Bright Futures
3295	Scholarship Program, a student must:
3296	(b) Earn a standard Florida high school diploma or its
3297	equivalent as described in s. 1003.43 or s. 1003.4351003.45
3298	unless:
3299	1. The student is enrolled full time in the early
3300	admission program of an eligible postsecondary education
3301	institution or completes a home education program according to
3302	s. 1002.41; or
3303	2. The student earns a high school diploma from a non-
3304	Florida school while living with a parent or guardian who is on
3305	military or public service assignment away from Florida.
3306	Section 100. Paragraphs (g) and (h) of subsection (2) of
3307	section 445.049, subsection (10) of section 1006.20, and section
3308	1006.57, Florida Statutes, are repealed.
3309	Section 101. If any law that is amended by this act was
3310	also amended by a law enacted at the 2003 Regular Session of the
3311	Legislature, such laws shall be construed as if they had been
3312	enacted during the same session of the Legislature, and full
3313	effect should be given to each if that is possible.
3314	Section 102. Except as otherwise expressly provided in
3315	this act, this act shall take effect upon becoming a law.