HB 1749

1	A bill to be entitled
2	An act relating to corrections to the school code rewrite;
3	saving s. 17.076(5), F.S., relating to confidentiality of
4	direct deposit records, from reversion on July 1, 2004;
5	amending s. 20.055, F.S.; deleting a reference to the
6	Board of Regents; saving s. 112.215(2), F.S., relating to
7	the definition of the term "employee" for purposes of the
8	deferred compensation program, from reversion on July 1,
9	2004; amending s. 145.19, F.S.; adding cross-reference;
10	providing for the superintendent's annual performance
11	salary incentive and special qualification salary to be
12	added to the adjusted salary rate; amending s. 159.27,
13	F.S.; redesignating a developmental research school as a
14	lab school; amending s. 212.055, F.S.; deleting references
15	to the Florida Frugal Schools Program; amending s.
16	216.136, F.S.; deleting reference to Executive Director of
17	the State Board of Community Colleges and State Board of
18	Nonpublic Career Education; providing that the executive
19	director of the Commission for Independent Education is a
20	member of the Workforce Estimating Conference; saving s.
21	287.064(1), (2), (3), (4), (5), and (6), F.S., relating to
22	the consolidated equipment financing program, from
23	reversion on July 1, 2004; amending s. 316.615, F.S.;
24	replacing reference to the Commissioner of Education with
25	State Board of Education for purpose of rulemaking;
26	amending s. 402.305, F.S.; replacing reference to the
27	Department of Education with State Board of Education for
28	purpose of rulemaking; saving s. 440.38(6), F.S., relating
29	to entities deemed self-insurers for purposes of workers'
30	compensation, from reversion on July 1, 2004; amending s.
31	445.0124, F.S.; deleting references to the State Board of
32	Community Colleges and the Department of Education;
33	amending ss. 455.2125 and 456.028, F.S.; deleting
34	reference to the State Board of Independent Colleges and
35	Universities, the State Board of Nonpublic Career
36	Education, and the State Board of Community Colleges;
37	requiring consultation with the Commission for Independent
38	Education and the State Board of Education; amending s.
39	458.347, F.S.; replacing a reference to State Board of
40	Community Colleges with State Board of Education; amending
41	s. 467.009, F.S.; deleting a reference to the licensing
42	authority of the State Board of Nonpublic Career
43	Education; providing licensing authority of the Commission
44	for Independent Education; amending s. 488.01, F.S.;
45	deleting a reference to the State Board of Nonpublic
46	Career Education; providing for licensure by the
47	Commission for Independent Education to operate certain
48	driver's schools; amending s. 489.125, F.S.; replacing a
49	reference to the Commissioner of Education with State
50	Board of Education for purpose of rulemaking; amending s.
51	784.081, F.S.; redesignating a developmental research
52	school as a lab school; amending ss. 817.566 and 817.567,
53	F.S.; correcting cross-references; deleting a reference to
54	the State Board of Independent Colleges and Universities;
55	providing licensing authority of the Commission for
56	Independent Education; amending s. 943.17, F.S.; replacing
57	a reference to the Department of Education with State
58	Board of Education for purpose of rulemaking; amending s.
59	1000.04, F.S.; correcting reference to technical centers;
60	amending s. 1001.26, F.S.; correcting a cross-reference;
61	amending s. 1001.32, F.S.; deleting a reference to the
62	rulemaking authority of the Commissioner of Education;
63	amending ss. 1001.372 and 1001.42, F.S.; correcting cross-
64	references; amending s. 1001.47, F.S.; providing a
65	calculation methodology for the salary for elected
66	district school superintendents based on county
67	population; amending s. 1001.50, F.S.; eliminating age as
68	a criterion of compensation for district school
69	superintendents; amending s. 1001.51, F.S.; deleting a
70	reference to patrons; amending ss. 1001.74, 1002.01, and
71	1002.20, F.S.; correcting cross-references; amending s.
72	1002.32, F.S.; redesignating a developmental research
73	school as a lab school; correcting a cross-reference;
74	amending s. 1002.33, F.S.; requiring certain compliance
75	for transportation of charter school students; amending s.
76	1002.42, F.S.; correcting cross-references; amending s.
77	1002.43, F.S.; providing a reference to regular school
78	attendance; correcting a cross-reference; amending s.
79	1003.22, F.S.; requiring prekindergarten students to meet
80	school-entry health requirements; amending s. 1003.43,
81	F.S.; deleting a reference to waiver authority of the
82	State Board of Education; correcting the date and name of
83	the Korean Conflict; amending s. 1003.52, F.S.; correcting
84	a cross-reference; amending s. 1003.63, F.S.; deleting
85	reference to the waiver authority of the State Board of
86	Education; amending s. 1004.24, F.S.; deleting an obsolete
87	reference to postaudit of financial accounts; providing
88	for a financial audit pursuant to s. 11.45, F.S.; amending
89	s. 1004.26, F.S.; conforming university oversight of
90	student government; amending s. 1004.445, F.S.; deleting
91	an obsolete reference to postaudit of financial accounts;
92	providing for a financial audit pursuant to s. 11.45,
93	F.S.; amending s. 1005.04, F.S.; correcting punctuation;
94	amending s. 1006.14, F.S.; correcting punctuation;
95	amending s. 1006.21, F.S.; omitting references to
96	regulations; amending s. 1007.21, F.S.; conforming
97	references to parent or guardian; amending s. 1008.22,
98	F.S.; revising provisions relating to passing scores for
99	students taking the FCAT for the first time; amending s.
100	1008.29, F.S.; eliminating an incorrect cross-reference;
101	amending s. 1008.32, F.S.; requiring the Commissioner of
102	Education to report determinations of probable cause;
103	amending s. 1008.37, F.S.; correcting a reporting date;
104	amending s. 1009.29, F.S.; correcting a reference to the
105	number of state universities; amending s. 1009.531, F.S.;
106	correcting terminology; amending s. 1009.532, F.S.;
107	providing for a one-time restoration of a scholarship
108	award; amending ss. 1009.534 and 1009.535, F.S.; replacing
109	a reference to the Department of Education with the State
110	Board of Education for purpose of rulemaking; providing
111	for a one-time restoration of a scholarship award;
112	amending s. 1009.536, F.S., relating to the Florida Gold
113	Seal Vocational Scholars award, to conform; amending ss.
114	1009.58 and 1009.61, F.S.; redesignating a developmental
115	research school as a lab school; amending ss. 1009.765 and
116	1009.77, F.S.; replacing a reference to the Department of
117	Education with the State Board of Education for purpose of
118	rulemaking; amending s. 1010.215, F.S.; replacing a
119	reference to revenues with funds; amending s. 1010.75,
120	F.S.; providing for disbursement of fees from the Teacher
121	Certification Examination Trust Fund; amending ss. 1011.24
122	and 1011.47, F.S.; redesignating developmental research
123	schools as lab schools; amending s. 1011.60, F.S.;
124	deleting a nonexistent cross-reference; amending s.
125	1011.62, F.S.; redesignating a developmental research
126	school as a lab school; deleting a reference to high
127	school competency test; providing a reference to
128	performance grade category; amending s. 1011.70, F.S.;
129	changing references from the Department of Education to
130	the Agency for Health Care Administration; redesignating
131	developmental research schools as lab schools; authorizing
132	lab schools to participate in the Medicaid certified
133	school match program on the same basis as school
134	districts; amending s. 1012.585, F.S.; correcting the name
135	of a trust fund; correcting a cross-reference; amending
136	ss. 1012.62 and 1012.79, F.S.; correcting cross-
137	references; amending s. 1012.795, F.S.; designating an
138	appointed representative of the district school
139	superintendent to receive records concerning certain
140	offenses; amending s. 1012.796, F.S.; correcting a cross-
141	reference; amending s. 1012.98, F.S.; requiring
142	consultation with state university faculty; amending ss.
143	1013.73 and 1013.74, F.S.; correcting cross-references;
144	repealing s. 445.049(2)(g) and (h), F.S., relating to the
145	executive director of the State Board of Community
146	Colleges and the executive director of the State Board for
147	Career Education as members of the Digital Divide Council;
148	repealing s. 1002.33(24), F.S., relating to the conversion
149	charter school pilot program; repealing s. 1006.57, F.S.,
150	relating to certain books furnished by the Clerk of the
151	Supreme Court; repealing s. 1010.10(10), F.S., relating to
152	the repeal of the Florida Uniform Management of
153	Institutional Funds Act; providing an effective date.
154
155	Be It Enacted by the Legislature of the State of Florida:
156
157	Section 1.  Notwithstanding the provisions of section 6 of
158	chapter 2003-399, Laws of Florida, subsection (5) of section
159	17.076, Florida Statutes, as amended by section 5 of chapter
160	2003-399, Laws of Florida, shall not revert on July 1, 2004, and
161	shall continue in full force and effect.
162	Section 2.  Paragraph (a) of subsection (1) of section
163	20.055, Florida Statutes, is amended to read:
164	20.055  Agency inspectors general.--
165	(1)  For the purposes of this section:
166	(a)  "State agency" means each department created pursuant
167	to this chapter, and also includes the Executive Office of the
168	Governor, the Department of Military Affairs, the Board of
169	Regents, the Fish and Wildlife Conservation Commission, the
170	Office of Insurance Regulation of the Financial Services
171	Commission, the Office of Financial Regulation of the Financial
172	Services Commission, the Public Service Commission, and the
173	state courts system.
174	Section 3.  Notwithstanding the provisions of section 8 of
175	chapter 2003-399, Laws of Florida, subsection (2) of section
176	112.215, Florida Statutes, as amended by section 7 of chapter
177	2003-399, Laws of Florida, shall not revert on July 1, 2004, and
178	shall continue in full force and effect.
179	Section 4.  Subsection (2) of section 145.19, Florida
180	Statutes, is amended to read:
181	145.19  Annual percentage increases based on increase for
182	state career service employees; limitation.--
183	(2)  Each fiscal year, the salaries of all officials listed
184	in this chapter and s. 1001.47 shall be adjusted by the annual
185	factor. The Department of Management Services shall certify the
186	annual factor and the cumulative annual factors. The adjusted
187	salary rate shall be the product, rounded to the nearest dollar,
188	of the salary rate granted by the appropriate section of this
189	chapter or s. 1001.47 multiplied first by the initial factor,
190	then by the cumulative annual factor, and finally by the annual
191	factor. The Department of Management Services shall certify the
192	annual factor and the cumulative annual factors. Any special
193	qualification salary received under this chapter, s. 1001.47, or
194	the annual performance salary incentive available to elected
195	superintendents under s. 1001.47 shall be added to such adjusted
196	salary rate. The, which special qualification salary shall be
197	$2,000, but shall not exceed $2,000.
198	Section 5.  Paragraph (b) of subsection (22) of section
199	159.27, Florida Statutes, is amended to read:
200	159.27  Definitions.--The following words and terms, unless
201	the context clearly indicates a different meaning, shall have
202	the following meanings:
203	(22)  "Educational facility" means:
204	(b)  Property that comprises the buildings and equipment,
205	structures, and special education use areas that are built,
206	installed, or established to serve primarily the educational
207	purposes of operating any nonprofit private preschool,
208	kindergarten, elementary school, middle school, or high school
209	that is established under chapter 617 or chapter 623, or that is
210	owned or operated by an organization described in s. 501(c)(3)
211	of the United States Internal Revenue Code, or operating any
212	preschool, kindergarten, elementary school, middle school, or
213	high school that is owned or operated as part of the state's
214	system of public education, including, but not limited to, a
215	charter school or a lab developmental research school operated
216	under chapter 1002. The requirements of this part for the
217	financing of projects through local agencies shall also apply to
218	such schools. Bonds issued under the provisions of this part for
219	such schools shall not be deemed to constitute a debt,
220	liability, or obligation of the state or any political
221	subdivision thereof, or a pledge of the faith and credit of the
222	state or of any such political subdivision, but shall be payable
223	solely from the revenues provided therefor.
224	Section 6.  Paragraphs (b) and (c) of subsection (6) of
225	section 212.055, Florida Statutes, are amended to read:
226	212.055  Discretionary sales surtaxes; legislative intent;
227	authorization and use of proceeds.--It is the legislative intent
228	that any authorization for imposition of a discretionary sales
229	surtax shall be published in the Florida Statutes as a
230	subsection of this section, irrespective of the duration of the
231	levy. Each enactment shall specify the types of counties
232	authorized to levy; the rate or rates which may be imposed; the
233	maximum length of time the surtax may be imposed, if any; the
234	procedure which must be followed to secure voter approval, if
235	required; the purpose for which the proceeds may be expended;
236	and such other requirements as the Legislature may provide.
237	Taxable transactions and administrative procedures shall be as
238	provided in s. 212.054.
239	(6)  SCHOOL CAPITAL OUTLAY SURTAX.--
240	(b)  The resolution shall include a statement that provides
241	a brief and general description of the school capital outlay
242	projects to be funded by the surtax. If applicable, the
243	resolution must state that the district school board has been
244	recognized by the State Board of Education as having a Florida
245	Frugal Schools Program. The statement shall conform to the
246	requirements of s. 101.161 and shall be placed on the ballot by
247	the governing body of the county. The following question shall
248	be placed on the ballot:
249
	_____FOR THE _____CENTS TAX
250
	_____AGAINST THE _____CENTS TAX
251
252	(c)  The resolution providing for the imposition of the
253	surtax shall set forth a plan for use of the surtax proceeds for
254	fixed capital expenditures or fixed capital costs associated
255	with the construction, reconstruction, or improvement of school
256	facilities and campuses which have a useful life expectancy of 5
257	or more years, and any land acquisition, land improvement,
258	design, and engineering costs related thereto. Additionally, the
259	plan shall include the costs of retrofitting and providing for
260	technology implementation, including hardware and software, for
261	the various sites within the school district. Surtax revenues
262	may be used for the purpose of servicing bond indebtedness to
263	finance projects authorized by this subsection, and any interest
264	accrued thereto may be held in trust to finance such projects.
265	Neither the proceeds of the surtax nor any interest accrued
266	thereto shall be used for operational expenses. If the district
267	school board has been recognized by the State Board of Education
268	as having a Florida Frugal Schools Program, the district's plan
269	for use of the surtax proceeds must be consistent with this
270	subsection and with uses assured under the Florida Frugal
271	Schools Program.
272	Section 7.  Paragraph (b) of subsection (9) of section
273	216.136, Florida Statutes, is amended to read:
274	216.136  Consensus estimating conferences; duties and
275	principals.--
276	(9)  WORKFORCE ESTIMATING CONFERENCE.--
277	(b)  Principals.--The Commissioner of Education, the
278	Executive Office of the Governor, the director of the Office of
279	Tourism, Trade, and Economic Development, the director of the
280	Agency for Workforce Innovation, the executive director of the
281	Commission for Independent Education, the Chancellor of the
282	State University System, the Executive Director of the State
283	Board of Community Colleges, the chair of the State Board of
284	Nonpublic Career Education, the chair of Workforce Florida,
285	Inc., the coordinator of the Office of Economic and Demographic
286	Research, or their designees, and professional staff from the
287	Senate and the House of Representatives who have forecasting and
288	substantive expertise, are the principals of the Workforce
289	Estimating Conference. In addition to the designated principals
290	of the conference, nonprincipal participants of the conference
291	shall include a representative of the Florida Chamber of
292	Commerce and other interested parties. The principal
293	representing the Executive Office of the Governor shall preside
294	over the sessions of the conference.
295	Section 8.  Notwithstanding the provisions of section 10 of
296	chapter 2003-399, Laws of Florida, subsections (1)-(6) of
297	section 287.064, Florida Statutes, as amended by section 9 of
298	chapter 2003-399, Laws of Florida, shall not revert on July 1,
299	2004, and shall continue in full force and effect.
300	Section 9.  Subsection (3) of section 316.615, Florida
301	Statutes, is amended to read:
302	316.615  School buses; physical requirements of drivers.--
303	(3)  A person may not operate or cause to be operated a
304	motor vehicle covered by subsection (1) or subsection (2) when
305	transporting school children unless the operator has met the
306	physical examination requirements established by law and by rule
307	of adopted by the State Board Commissioner of Education. The
308	operator of such a motor vehicle shall pass an annual physical
309	examination and have posted in the vehicle a certificate to
310	drive the vehicle.
311	Section 10.  Paragraph (b) of subsection (1) and paragraph
312	(b) of subsection (7) of section 402.305, Florida Statutes, are
313	amended to read:
314	402.305  Licensing standards; child care facilities.--
315	(1)  LICENSING STANDARDS.--The department shall establish
316	licensing standards that each licensed child care facility must
317	meet regardless of the origin or source of the fees used to
318	operate the facility or the type of children served by the
319	facility.
320	(b)  All standards established under ss. 402.301-402.319
321	must be consistent with the rules adopted by the State Fire
322	Marshal for child care facilities. However, if the facility is
323	operated in a public school, the department shall use the public
324	school fire code, as provided in the rules of the State Board
325	Department of Education, as the minimum standard for firesafety.
326	(7)  SANITATION AND SAFETY.--
327	(b)  In the case of a child care program for school-age
328	children attending before and after school programs on the
329	public school site, the department shall use the public school
330	fire code, as adopted promulgated in the rules of the State
331	Board Department of Education, as the minimum standard for fire
332	safety. In the case of a child care program for school-age
333	children attending before-school and after-school programs on a
334	site operated by a municipality, the department shall adopt
335	rules for such site and intended use.
336	Section 11.  Notwithstanding the provisions of section 12
337	of chapter 2003-399, Laws of Florida, subsection (6) of section
338	440.38, Florida Statutes, as amended by section 11 of chapter
339	2003-399, Laws of Florida, shall not revert on July 1, 2004, and
340	shall continue in full force and effect.
341	Section 12.  Subsection (4) of section 445.0124, Florida
342	Statutes, is amended to read:
343	445.0124  Eligible programs.--
344	(4)  Eligible career education programs are those programs
345	in the following business sectors: information
346	technology/telecommunications, biomedical technology,
347	manufacturing-electronics, aviation/transportation, and skilled
348	building trades. Workforce Florida, Inc., must determine
349	eligible programs within these sectors annually in cooperation
350	with the State Board of Community Colleges and the Department of
351	Education.
352	Section 13.  Section 455.2125, Florida Statutes, is amended
353	to read:
354	455.2125  Consultation with postsecondary education boards
355	prior to adoption of changes to training requirements.--Any
356	state agency or board that has jurisdiction over the regulation
357	of a profession or occupation shall consult with the Commission
358	for Independent Education State Board of Independent Colleges
359	and Universities, the State Board of Nonpublic Career Education,
360	the Board of Regents, and the State Board of Education Community
361	Colleges prior to adopting any changes to training requirements
362	relating to entry into the profession or occupation. This
363	consultation must allow the educational board to provide advice
364	regarding the impact of the proposed changes in terms of the
365	length of time necessary to complete the training program and
366	the fiscal impact of the changes. The educational board must be
367	consulted only when an institution offering the training program
368	falls under its jurisdiction.
369	Section 14.  Section 456.028, Florida Statutes, is amended
370	to read:
371	456.028  Consultation with postsecondary education boards
372	prior to adoption of changes to training requirements.--Any
373	state agency or board that has jurisdiction over the regulation
374	of a profession or occupation shall consult with the Commission
375	for Independent Education State Board of Independent Colleges
376	and Universities, the State Board of Nonpublic Career Education,
377	the Board of Regents, and the State Board of Education Community
378	Colleges prior to adopting any changes to training requirements
379	relating to entry into the profession or occupation. This
380	consultation must allow the educational board to provide advice
381	regarding the impact of the proposed changes in terms of the
382	length of time necessary to complete the training program and
383	the fiscal impact of the changes. The educational board must be
384	consulted only when an institution offering the training program
385	falls under its jurisdiction.
386	Section 15.  Paragraph (c) of subsection (6) of section
387	458.347, Florida Statutes, is amended to read:
388	458.347  Physician assistants.--
389	(6)  PROGRAM APPROVAL.--
390	(c)  Any community college with the approval of the State
391	Board of Education Community Colleges may conduct a physician
392	assistant program which shall apply for national accreditation
393	through the American Medical Association's Committee on Allied
394	Health, Education, and Accreditation, or its successor
395	organization, and which may admit unlicensed physicians, as
396	authorized in subsection (7), who are graduates of foreign
397	medical schools listed with the World Health Organization. The
398	unlicensed physician must have been a resident of this state for
399	a minimum of 12 months immediately prior to admission to the
400	program. An evaluation of knowledge base by examination shall be
401	required to grant advanced academic credit and to fulfill the
402	necessary requirements to graduate. A minimum of one 16-week
403	semester of supervised clinical and didactic education, which
404	may be completed simultaneously, shall be required before
405	graduation from the program. All other provisions of this
406	section shall remain in effect.
407	Section 16.  Subsection (8) of section 467.009, Florida
408	Statutes, is amended to read:
409	467.009  Midwifery programs; education and training
410	requirements.--
411	(8)  Nonpublic educational institutions that conduct
412	approved midwifery programs shall be accredited by a member of
413	the Commission on Recognition of Postsecondary Accreditation and
414	shall be licensed by the Commission for Independent Education
415	State Board of Nonpublic Career Education.
416	Section 17.  Section 488.01, Florida Statutes, is amended
417	to read:
418	488.01  License to engage in business of operating a
419	driver's school required.--The Department of Highway Safety and
420	Motor Vehicles shall oversee and license all commercial driver's
421	schools except truck driving schools. All commercial truck
422	driving schools shall be required to be licensed pursuant to
423	chapter 1005, and additionally shall be subject to the
424	provisions of ss. 488.04 and 488.05. No person, group,
425	organization, institution, business entity, or corporate entity
426	may engage in the business of operating a driver's school
427	without first obtaining a license therefor from the Department
428	of Highway Safety and Motor Vehicles pursuant to this chapter or
429	from the Commission for Independent Education State Board of
430	Nonpublic Career Education pursuant to chapter 1005.
431	Section 18.  Section 489.125, Florida Statutes, is amended
432	to read:
433	489.125  Prequalification of certificateholders.--Any
434	person holding a certificate shall be prequalified to bid by a
435	district school board pursuant to uniform prequalification of
436	contractors criteria adopted by rule of the State Board
437	Commissioner of Education. This section does not supersede any
438	small, woman-owned or minority-owned business enterprise
439	preference program adopted by a district school board. A
440	district school board may not modify or supplement the uniform
441	prequalification criteria adopted by rule. A person holding a
442	certificate must apply to each board for prequalification
443	consideration.
444	Section 19.  Section 784.081, Florida Statutes, is amended
445	to read:
446	784.081  Assault or battery on specified officials or
447	employees; reclassification of offenses.--Whenever a person is
448	charged with committing an assault or aggravated assault or a
449	battery or aggravated battery upon any elected official or
450	employee of: a school district; a private school; the Florida
451	School for the Deaf and the Blind; a university lab
452	developmental research school; a state university or any other
453	entity of the state system of public education, as defined in s.
454	1000.04; an employee or protective investigator of the
455	Department of Children and Family Services; or an employee of a
456	lead community-based provider and its direct service contract
457	providers, when the person committing the offense knows or has
458	reason to know the identity or position or employment of the
459	victim, the offense for which the person is charged shall be
460	reclassified as follows:
461	(1)  In the case of aggravated battery, from a felony of
462	the second degree to a felony of the first degree.
463	(2)  In the case of aggravated assault, from a felony of
464	the third degree to a felony of the second degree.
465	(3)  In the case of battery, from a misdemeanor of the
466	first degree to a felony of the third degree.
467	(4)  In the case of assault, from a misdemeanor of the
468	second degree to a misdemeanor of the first degree.
469	Section 20.  Section 817.566, Florida Statutes, is amended
470	to read:
471	817.566  Misrepresentation of association with, or academic
472	standing at, postsecondary educational institution.--Any person
473	who, with intent to defraud, misrepresents his or her
474	association with, or academic standing or other progress at, any
475	postsecondary educational institution by falsely making,
476	altering, simulating, or forging a document, degree,
477	certificate, diploma, award, record, letter, transcript, form,
478	or other paper; or any person who causes or procures such a
479	misrepresentation; or any person who utters and publishes or
480	otherwise represents such a document, degree, certificate,
481	diploma, award, record, letter, transcript, form, or other paper
482	as true, knowing it to be false, is guilty of a misdemeanor of
483	the first degree, punishable as provided in s. 775.082 or s.
484	775.083. Individuals who present a religious academic degree
485	from any college, university, seminary, or institution which is
486	not licensed by the Commission for Independent Education State
487	Board of Independent Colleges and Universities or which is not
488	exempt pursuant to the provisions of s. 1005.06 s. 246.085 shall
489	disclose the religious nature of the degree upon presentation.
490	Section 21.  Subsection (1) of section 817.567, Florida
491	Statutes, is amended to read:
492	817.567  Making false claims of academic degree or title.--
493	(1)  No person in the state may claim, either orally or in
494	writing, to possess an academic degree, as defined in s.
495	1005.02, or the title associated with said degree, unless the
496	person has, in fact, been awarded said degree from an
497	institution that is:
498	(a)  Accredited by a regional or professional accrediting
499	agency recognized by the United States Department of Education
500	or the Commission on Recognition of Postsecondary Accreditation;
501	(b)  Provided, operated, and supported by a state
502	government or any of its political subdivisions or by the
503	Federal Government;
504	(c)  A school, institute, college, or university chartered
505	outside the United States, the academic degree from which has
506	been validated by an accrediting agency approved by the United
507	States Department of Education as equivalent to the
508	baccalaureate or postbaccalaureate degree conferred by a
509	regionally accredited college or university in the United
510	States;
511	(d)  Licensed by the Commission for Independent Education
512	State Board of Independent Colleges and Universities pursuant to
513	ss. 1005.01-1005.38 or exempt from licensure pursuant to chapter
514	1005 s. 246.085; or
515	(e)  A religious seminary, institute, college, or
516	university which offers only educational programs that prepare
517	students for a religious vocation, career, occupation,
518	profession, or lifework, and the nomenclature of whose
519	certificates, diplomas, or degrees clearly identifies the
520	religious character of the educational program.
521	Section 22.  Subsection (4) of section 943.17, Florida
522	Statutes, is amended to read:
523	943.17  Basic recruit, advanced, and career development
524	training programs; participation; cost; evaluation.--The
525	commission shall, by rule, design, implement, maintain,
526	evaluate, and revise entry requirements and job-related
527	curricula and performance standards for basic recruit, advanced,
528	and career development training programs and courses. The rules
529	shall include, but are not limited to, a methodology to assess
530	relevance of the subject matter to the job, student performance,
531	and instructor competency.
532	(4)  The commission may, by rule, establish a sponsorship
533	program for prospective officers. The rule shall specify the
534	provisions of s. 943.13 that must be satisfied prior to the
535	prospective officer's enrollment in a basic recruit training
536	course. However, the rule shall not conflict with any laws or
537	rules of the State Board Department of Education relating to
538	student enrollment.
539	Section 23.  Subsection (1) of section 1000.04, Florida
540	Statutes, is amended to read:
541	1000.04  Components for the delivery of public education
542	within the Florida K-20 education system.--Florida's K-20
543	education system provides for the delivery of public education
544	through publicly supported and controlled K-12 schools,
545	community colleges, state universities and other postsecondary
546	educational institutions, other educational institutions, and
547	other educational services as provided or authorized by the
548	Constitution and laws of the state.
549	(1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools include
550	charter schools and consist of kindergarten classes; elementary,
551	middle, and high school grades and special classes; workforce
552	development education; area technical centers; adult, part-time,
553	career and technical, and evening schools, courses, or classes,
554	as authorized by law to be operated under the control of
555	district school boards; and lab schools operated under the
556	control of state universities.
557	Section 24.  Paragraph (a) of subsection (2) of section
558	1001.26, Florida Statutes, is amended to read:
559	1001.26  Public broadcasting program system.--
560	(2)(a)  The Department of Education is responsible for
561	implementing the provisions of this section pursuant to s.
562	282.102 part III of chapter 287 and may employ personnel,
563	acquire equipment and facilities, and perform all duties
564	necessary for carrying out the purposes and objectives of this
565	section.
566	Section 25.  Subsection (1) of section 1001.32, Florida
567	Statutes, is amended to read:
568	1001.32  Management, control, operation, administration,
569	and supervision.--The district school system must be managed,
570	controlled, operated, administered, and supervised as follows:
571	(1)  DISTRICT SYSTEM.--The district school system shall be
572	considered as a part of the state system of public education.
573	All actions of district school officials shall be consistent and
574	in harmony with state laws and with rules and minimum standards
575	of the state board and the commissioner. District school
576	officials, however, shall have the authority to provide
577	additional educational opportunities, as desired, which are
578	authorized, but not required, by law or by the district school
579	board.
580	Section 26.  Subsection (3) of section 1001.372, Florida
581	Statutes, is amended to read:
582	1001.372  District school board meetings.--
583	(3)  REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The
584	presiding officer of any district school board may order the
585	removal, from a public meeting held by the district school
586	board, of any person interfering with the expeditious or orderly
587	process of such meeting, provided such officer has first issued
588	a warning that continued interference with the orderly processes
589	of the meeting will result in removal. Any law enforcement
590	authority or a sergeant-at-arms designated by the officer shall
591	remove any person ordered removed pursuant to this subsection
592	section.
593	Section 27.  Paragraph (m) of subsection (4) of section
594	1001.42, Florida Statutes, is amended to read:
595	1001.42  Powers and duties of district school board.--The
596	district school board, acting as a board, shall exercise all
597	powers and perform all duties listed below:
598	(4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
599	SCHOOLS.--Adopt and provide for the execution of plans for the
600	establishment, organization, and operation of the schools of the
601	district, including, but not limited to, the following:
602	(m)  Alternative education programs for students in
603	residential care facilities.--Provide, in accordance with the
604	provisions of s. 1003.58 chapter 1006, educational programs
605	according to rules of the State Board of Education to students
606	who reside in residential care facilities operated by the
607	Department of Children and Family Services.
608	Section 28.  Subsection (2) of section 1001.47, Florida
609	Statutes, is amended, subsections (3), (4), and (5) are
610	renumbered as subsections (4), (5), and (6), respectively, and a
611	new subsection (3) is added to that section, to read:
612	1001.47  District school superintendent; salary.--
613	(2)  Each elected district school superintendent shall
614	receive a base salary, the amounts indicated in this subsection,
615	based on the population of the county the elected superintendent
616	serves. In addition, compensation shall be made for population
617	increments over the minimum for each population group, which
618	shall be determined by multiplying the population in excess of
619	the minimum for the group times the group rate. The product of
620	such calculation shall be added to the base salary to determine
621	the adjusted base salary. Laws that increase the base salary
622	provided in this subsection shall contain provisions on no other
623	subject.
624
	Pop. Group County Pop Range Base Salary Group Rate
625
	Minimum Maximum
626
	I       -0-   49,999 $21,250 $0.07875
627
	II    50,000   99,999 24,400 0.06300
628
	III   100,000 199,999 27,550 0.02625
629
	IV   200,000 399,999 30,175 0.01575
630
	V   400,000 999,999 33,325 0.00525
631
	VI 1,000,000 36,475 0.00400
632
633	Notwithstanding the provisions of chapter 145 to the contrary,
634	the annual salaries of elected district school superintendents
635	for 1993 and each year thereafter shall be established at the
636	same amounts as the district school superintendents were paid
637	for fiscal year 1991-1992, adjusted by each annual increase
638	provided for in chapter 145.
639	(3)  The adjusted base salaries of elected district school
640	superintendents shall be increased annually as provided for in
641	s. 145.19. Any salary previously paid to elected
642	superintendents, including the salary calculated for fiscal
643	years 2002-2003 and 2003-2004, which was consistent with chapter
644	145 and s. 230.303, Florida Statutes (2001), is hereby ratified
645	and validated.
646	Section 29.  Paragraph (f) of subsection (3) of section
647	1001.50, Florida Statutes, is amended to read:
648	1001.50  Superintendents employed under Art. IX of the
649	State Constitution.--
650	(3)  The district school board of each such district shall
651	pay to the district school superintendent a reasonable annual
652	salary. In determining the amount of compensation to be paid,
653	the board shall take into account such factors as:
654	(f)  The educational qualifications and, professional
655	experience, and age of the candidate for the position of
656	district school superintendent.
657	Section 30.  Subsection (16) of section 1001.51, Florida
658	Statutes, is amended to read:
659	1001.51  Duties and responsibilities of district school
660	superintendent.--The district school superintendent shall
661	exercise all powers and perform all duties listed below and
662	elsewhere in the law, provided that, in so doing, he or she
663	shall advise and counsel with the district school board. The
664	district school superintendent shall perform all tasks necessary
665	to make sound recommendations, nominations, proposals, and
666	reports required by law to be acted upon by the district school
667	board. All such recommendations, nominations, proposals, and
668	reports by the district school superintendent shall be either
669	recorded in the minutes or shall be made in writing, noted in
670	the minutes, and filed in the public records of the district
671	school board. It shall be presumed that, in the absence of the
672	record required in this section, the recommendations,
673	nominations, and proposals required of the district school
674	superintendent were not contrary to the action taken by the
675	district school board in such matters.
676	(16)  VISITATION OF SCHOOLS.--Visit the schools; observe
677	the management and instruction; give suggestions for
678	improvement; and advise supervisors, principals, teachers,
679	patrons, and other citizens with the view of promoting interest
680	in education and improving the school conditions of the
681	district.
682	Section 31.  Subsection (8) of section 1001.74, Florida
683	Statutes, is amended to read:
684	1001.74  Powers and duties of university boards of
685	trustees.--
686	(8)  Each board of trustees is authorized to create
687	divisions of sponsored research pursuant to the provisions of s.
688	1004.22 s. 1011.411 to serve the function of administration and
689	promotion of the programs of research.
690	Section 32.  Subsection (2) of section 1002.01, Florida
691	Statutes, is amended to read:
692	1002.01  Definitions.--
693	(2)  A "private school" is a nonpublic school defined as an
694	individual, association, copartnership, or corporation, or
695	department, division, or section of such organizations, that
696	designates itself as an educational center that includes
697	kindergarten or a higher grade or as an elementary, secondary,
698	business, technical, or trade school below college level or any
699	organization that provides instructional services that meet the
700	intent of s. 1003.01(13) 1003.01(14) or that gives preemployment
701	or supplementary training in technology or in fields of trade or
702	industry or that offers academic, literary, or career and
703	technical training below college level, or any combination of
704	the above, including an institution that performs the functions
705	of the above schools through correspondence or extension, except
706	those licensed under the provisions of chapter 1005. A private
707	school may be a parochial, religious, denominational, for-
708	profit, or nonprofit school. This definition does not include
709	home education programs conducted in accordance with s. 1002.41.
710	Section 33.  Paragraph (b) of subsection (2) of section
711	1002.20, Florida Statutes, is amended to read:
712	1002.20  K-12 student and parent rights.--Parents of public
713	school students must receive accurate and timely information
714	regarding their child's academic progress and must be informed
715	of ways they can help their child to succeed in school. K-12
716	students and their parents are afforded numerous statutory
717	rights including, but not limited to, the following:
718	(2)  ATTENDANCE.--
719	(b)  Regular school attendance.--Parents of students who
720	have attained the age of 6 years by February 1 of any school
721	year but who have not attained the age of 16 years must comply
722	with the compulsory school attendance laws. Parents have the
723	option to comply with the school attendance laws by attendance
724	of the student in a public school; a parochial, religious, or
725	denominational school; a private school; a home education
726	program; or a private tutoring program, in accordance with the
727	provisions of s. 1003.01(13) s. 1003.01(14).
728	Section 34.  Paragraph (a) of subsection (3) and paragraph
729	(a) of subsection (11) of section 1002.32, Florida Statutes, are
730	amended to read:
731	1002.32  Developmental research (laboratory) schools.--
732	(3)  MISSION.--The mission of a lab school shall be the
733	provision of a vehicle for the conduct of research,
734	demonstration, and evaluation regarding management, teaching,
735	and learning. Programs to achieve the mission of a lab school
736	shall embody the goals and standards established pursuant to ss.
737	1000.03(5) and 1001.23(2) and shall ensure an appropriate
738	education for its students.
739	(a)  Each lab school shall emphasize mathematics, science,
740	computer science, and foreign languages. The primary goal of a
741	lab school is to enhance instruction and research in such
742	specialized subjects by using the resources available on a state
743	university campus, while also providing an education in
744	nonspecialized subjects. Each lab school shall provide
745	sequential elementary and secondary instruction where
746	appropriate. A lab school may not provide instruction at grade
747	levels higher than grade 12 without authorization from the State
748	Board of Education. Each lab developmental research school shall
749	develop and implement a school improvement plan pursuant to s.
750	1003.02(3).
751	(11)  EXCEPTIONS TO LAW.--To encourage innovative practices
752	and facilitate the mission of the lab schools, in addition to
753	the exceptions to law specified in s. 1001.23(2), the following
754	exceptions shall be permitted for lab schools:
755	(a)  The methods and requirements of the following statutes
756	shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
757	1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
758	1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
759	1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
760	1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
761	1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4); 1006.23;
762	1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
763	1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
764	1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
765	1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
766	1011.73; and 1011.74; and 1013.77.
767	Section 35.  Paragraph (c) of subsection (20) of section
768	1002.33, Florida Statutes, is amended to read:
769	1002.33  Charter schools.--
770	(20)  SERVICES.--
771	(c)  Transportation of charter school students shall be
772	provided by the charter school consistent with the requirements
773	of subpart I.e. of chapter 1006 and s. 1012.45. The governing
774	body of the charter school may provide transportation through an
775	agreement or contract with the district school board, a private
776	provider, or parents. The charter school and the sponsor shall
777	cooperate in making arrangements that ensure that transportation
778	is not a barrier to equal access for all students residing
779	within a reasonable distance of the charter school as determined
780	in its charter.
781	Section 36.  Subsections (7) and (14) of section 1002.42,
782	Florida Statutes, are amended to read:
783	1002.42  Private schools.--
784	(7)  ATTENDANCE REQUIREMENTS.--Attendance of a student at a
785	private, parochial, religious, or denominational school
786	satisfies the attendance requirements of ss. 1003.01(13)
787	1003.01(14) and 1003.21(1).
788	(14)  BUS DRIVER TRAINING.--Private school bus drivers may
789	participate in a district school board's bus driver training
790	program, if the district school board makes the program
791	available pursuant to s. 1012.45(4) 1006.26.
792	Section 37.  Subsection (1) of section 1002.43, Florida
793	Statutes, is amended to read:
794	1002.43  Private tutoring programs.--
795	(1)  Regular school attendance as defined in s. 1003.01(13)
796	1003.01(14) may be achieved by attendance in a private tutoring
797	program if the person tutoring the student meets the following
798	requirements:
799	(a)  Holds a valid Florida certificate to teach the
800	subjects or grades in which instruction is given.
801	(b)  Keeps all records and makes all reports required by
802	the state and district school board and makes regular reports on
803	the attendance of students in accordance with the provisions of
804	s. 1003.23(2).
805	(c)  Requires students to be in actual attendance for the
806	minimum length of time prescribed by s. 1011.60(2).
807	Section 38.  Subsections (4) and (7) of section 1003.22,
808	Florida Statutes, are amended to read:
809	1003.22  School-entry health examinations; immunization
810	against communicable diseases; exemptions; duties of Department
811	of Health.--
812	(4)  Each district school board and the governing authority
813	of each private school shall establish and enforce as policy
814	that, prior to admittance to or attendance in a public or
815	private school, grades kindergarten through 12, or any other
816	initial entrance into a Florida public or private school, each
817	child present or have on file with the school a certification of
818	immunization for the prevention of those communicable diseases
819	for which immunization is required by the Department of Health
820	and further shall provide for appropriate screening of its
821	students for scoliosis at the proper age. Such certification
822	shall be made on forms approved and provided by the Department
823	of Health and shall become a part of each student's permanent
824	record, to be transferred when the student transfers, is
825	promoted, or changes schools. The transfer of such immunization
826	certification by Florida public schools shall be accomplished
827	using the Florida Automated System for Transferring Education
828	Records and shall be deemed to meet the requirements of this
829	section.
830	(7)  The parents of any child admitted to or in attendance
831	at a Florida public or private school, grades prekindergarten
832	kindergarten through 12, are responsible for assuring that the
833	child is in compliance with the provisions of this section.
834	Section 39.  Paragraph (c) of subsection (1) and subsection
835	(13) of section 1003.43, Florida Statutes, are amended to read:
836	1003.43  General requirements for high school graduation.--
837	(1)  Graduation requires successful completion of either a
838	minimum of 24 academic credits in grades 9 through 12 or an
839	International Baccalaureate curriculum. The 24 credits shall be
840	distributed as follows:
841	(c)  Three credits in science, two of which must have a
842	laboratory component. The State Board of Education may grant an
843	annual waiver of the laboratory requirement to a district school
844	board that certifies that its laboratory facilities are
845	inadequate, provided the district school board submits a capital
846	outlay plan to provide adequate facilities and makes the funding
847	of this plan a priority of the district school board.
848	Agriscience Foundations I, the core course in secondary
849	Agriscience and Natural Resources programs, counts as one of the
850	science credits.
851
852	District school boards may award a maximum of one-half credit in
853	social studies and one-half elective credit for student
854	completion of nonpaid voluntary community or school service
855	work. Students choosing this option must complete a minimum of
856	75 hours of service in order to earn the one-half credit in
857	either category of instruction. Credit may not be earned for
858	service provided as a result of court action. District school
859	boards that approve the award of credit for student volunteer
860	service shall develop guidelines regarding the award of the
861	credit, and school principals are responsible for approving
862	specific volunteer activities. A course designated in the Course
863	Code Directory as grade 9 through grade 12 that is taken below
864	the 9th grade may be used to satisfy high school graduation
865	requirements or Florida Academic Scholars award requirements as
866	specified in a district school board's student progression plan.
867	A student shall be granted credit toward meeting the
868	requirements of this subsection for equivalent courses, as
869	identified pursuant to s. 1007.271(6), taken through dual
870	enrollment.
871	(13)  The Commissioner of Education may award a standard
872	high school diploma to honorably discharged veterans who started
873	high school between 1946 and 1950 and were scheduled to graduate
874	between 1950 and 1954, but were inducted into the United States
875	Armed Forces between June 27, 1950, and January 31, 1955 1954,
876	and served during the Korean Conflict War prior to completing
877	the necessary high school graduation requirements. Upon the
878	recommendation of the commissioner, the State Board of Education
879	may develop criteria and guidelines for awarding such diplomas.
880	Section 40.  Subsection (4) of section 1003.52, Florida
881	Statutes, is amended to read:
882	1003.52  Educational services in Department of Juvenile
883	Justice programs.--
884	(4)  Educational services shall be provided at times of the
885	day most appropriate for the juvenile justice program. School
886	programming in juvenile justice detention, commitment, and
887	rehabilitation programs shall be made available by the local
888	school district during the juvenile justice school year, as
889	defined in s. 1003.01(11) 1003.01(12).
890	Section 41.  Paragraph (a) of subsection (7) of section
891	1003.63, Florida Statutes, is amended to read:
892	1003.63  Deregulated public schools pilot program.--
893	(7)  EXEMPTION FROM STATUTES.--
894	(a)  A deregulated public school shall operate in
895	accordance with its proposal and shall be exempt from all
896	statutes of the Florida K-20 Education Code, except those
897	pertaining to civil rights and student health, safety, and
898	welfare, or as otherwise required by this section. A deregulated
899	public school shall not be exempt from the following statutes:
900	chapter 119, relating to public records, and s. 286.011,
901	relating to public meetings and records, public inspection, and
902	penalties, and chapters 1010 and 1011 if exemption. The school
903	district, upon request of a deregulated public school, may apply
904	to the State Board of Education for a waiver of provisions of
905	law applicable to deregulated public schools under this section,
906	except that the provisions of chapter 1010 or chapter 1011 shall
907	not be eligible for waiver if the waiver would affect funding
908	allocations or create inequity in public school funding. The
909	State Board of Education may grant the waiver if necessary to
910	implement the school program.
911	Section 42.  Subsection (5) of section 1004.24, Florida
912	Statutes, is amended to read:
913	1004.24  State Board of Education authorized to secure
914	liability insurance.--
915	(5)  Each self-insurance program council shall make
916	provision for an annual financial audit pursuant to s. 11.45
917	postaudit of its financial accounts to be conducted by an
918	independent certified public accountant. The annual audit report
919	must include a management letter and shall be submitted to the
920	State Board of Education for review. The State Board of
921	Education shall have the authority to require and receive from
922	the self-insurance program council or from its independent
923	auditor any detail or supplemental data relative to the
924	operation of the self-insurance program.
925	Section 43.  Subsections (1) and (5) of section 1004.26,
926	Florida Statutes, are amended to read:
927	1004.26  University student governments.--
928	(1)  A student government is created on the main campus of
929	each state university. In addition, each university board of
930	trustees may establish a student government on any branch campus
931	or center. Each student government is a part of the university
932	at which it is established.
933	(5)  Each student government is a part of the university at
934	which it is established. If an internal procedure of the
935	university student government is disapproved by the university
936	president under s. 229.0082(15), a member of the university
937	board of trustees may request a review of the disapproved
938	procedure at the next meeting of the board of trustees.
939	Section 44.  Paragraph (d) of subsection (3) of section
940	1004.445, Florida Statutes, is amended to read:
941	1004.445  Florida Alzheimer's Center and Research
942	Institute.--
943	(3)  The State Board of Education shall provide in the
944	agreement with the not-for-profit corporation for the following:
945	(d)  Preparation of an annual financial audit pursuant to
946	s. 11.45 postaudit of the not-for-profit corporation's financial
947	accounts and the financial accounts of any subsidiaries to be
948	conducted by an independent certified public accountant. The
949	annual audit report shall include management letters and shall
950	be submitted to the Auditor General and the State Board of
951	Education for review. The State Board of Education, the Auditor
952	General, and the Office of Program Policy Analysis and
953	Government Accountability shall have the authority to require
954	and receive from the not-for-profit corporation and any
955	subsidiaries, or from their independent auditor, any detail or
956	supplemental data relative to the operation of the not-for-
957	profit corporation or subsidiary.
958	Section 45.  Subsection (1) of section 1005.04, Florida
959	Statutes, is amended to read:
960	1005.04  Fair consumer practices.--
961	(1)  Every institution that is under the jurisdiction of
962	the commission or is exempt from the jurisdiction or purview of
963	the commission pursuant to s. 1005.06(1)(c) or (f) and that
964	either directly or indirectly solicits for enrollment any
965	student shall:
966	(a)  Disclose to each prospective student a statement of
967	the purpose of such institution, its educational programs and
968	curricula, a description of its physical facilities, its status
969	regarding licensure, its fee schedule and policies regarding
970	retaining student fees if a student withdraws, and a statement
971	regarding the transferability of credits to and from other
972	institutions. The institution shall make the required
973	disclosures in writing at least 1 week prior to enrollment or
974	collection of any tuition from the prospective student. The
975	required disclosures may be made in the institution's current
976	catalog;.
977	(b)  Use a reliable method to assess, before accepting a
978	student into a program, the student's ability to complete
979	successfully the course of study for which he or she has
980	applied;
981	(c)  Inform each student accurately about financial
982	assistance and obligations for repayment of loans; describe any
983	employment placement services provided and the limitations
984	thereof; and refrain from promising or implying guaranteed
985	placement, market availability, or salary amounts;
986	(d)  Provide to prospective and enrolled students accurate
987	information regarding the relationship of its programs to state
988	licensure requirements for practicing related occupations and
989	professions in Florida;
990	(e)  Ensure that all advertisements are accurate and not
991	misleading;
992	(f)  Publish and follow an equitable prorated refund policy
993	for all students, and follow both the federal refund guidelines
994	for students receiving federal financial assistance and the
995	minimum refund guidelines set by commission rule;
996	(g)  Follow the requirements of state and federal laws that
997	require annual reporting with respect to crime statistics and
998	physical plant safety and make those reports available to the
999	public; and
1000	(h)  Publish and follow procedures for handling student
1001	complaints, disciplinary actions, and appeals.
1002	Section 46.  Subsection (5) of section 1006.14, Florida
1003	Statutes, is amended to read:
1004	1006.14  Secret societies prohibited in public K-12
1005	schools.--
1006	(5)  It is unlawful for any student enrolled in any public
1007	K-12 school to be a member of, to join or to become a member of
1008	or to pledge himself or herself to become a member of any secret
1009	fraternity, sorority, or group wholly or partly formed from the
1010	membership of students attending public K-12 schools or to take
1011	part in the organization or formation of any such fraternity,
1012	sorority, or secret society; provided that this does not prevent
1013	any student from belonging to any organization fostered and
1014	promoted by the school authorities,; or approved and accepted by
1015	the school authorities and whose membership is selected on the
1016	basis of good character, good scholarship, leadership ability,
1017	and achievement.
1018	Section 47.  Subsections (1) and (2) of section 1006.21,
1019	Florida Statutes, are amended to read:
1020	1006.21  Duties of district school superintendent and
1021	district school board regarding transportation.--
1022	(1)  The district school superintendent shall ascertain
1023	which students should be transported to school or to school
1024	activities, determine the most effective arrangement of
1025	transportation routes to accommodate these students; recommend
1026	such routing to the district school board; recommend plans and
1027	procedures for providing facilities for the economical and safe
1028	transportation of students; recommend such rules and regulations
1029	as may be necessary and see that all rules and regulations
1030	relating to the transportation of students approved by the
1031	district school board, as well as rules regulations of the State
1032	Board of Education state board, are properly carried into
1033	effect, as prescribed in this chapter.
1034	(2)  After considering recommendations of the district
1035	school superintendent, the district school board shall make
1036	provision for the transportation of students to the public
1037	schools or school activities they are required or expected to
1038	attend; authorize transportation routes arranged efficiently and
1039	economically; provide the necessary transportation facilities,
1040	and, when authorized under rules of the State Board of Education
1041	and if more economical to do so, provide limited subsistence in
1042	lieu thereof; and adopt the necessary rules and regulations to
1043	ensure safety, economy, and efficiency in the operation of all
1044	buses, as prescribed in this chapter.
1045	Section 48.  Subsection (1) and paragraphs (a) and (b) of
1046	subsection (2) of section 1007.21, Florida Statutes, are amended
1047	to read:
1048	1007.21  Readiness for postsecondary education and the
1049	workplace.--
1050	(1)  It is the intent of the Legislature that students and
1051	parents set early achievement and career goals for the student's
1052	post-high school experience. This section sets forth a model
1053	which schools, through their school advisory councils, may
1054	choose to implement to ensure that students are ready for
1055	postsecondary education and the workplace. If such a program is
1056	adopted, students and their parents shall have the option of
1057	participating in this model to plan the student's secondary
1058	level course of study. Parents and students are to become
1059	partners with school personnel in educational choice. Clear
1060	academic course expectations shall be made available to all
1061	students by allowing both student and parent or guardian choice.
1062	(2)(a)  Students entering the 9th grade and their parents
1063	shall be active participants in choosing an end-of-high-school
1064	student destination based upon both student and parent or
1065	guardian goals. Four or more destinations should be available
1066	with bridges between destinations to enable students to shift
1067	destinations should they choose to change goals. The
1068	destinations shall accommodate the needs of students served in
1069	exceptional education programs to the extent appropriate for
1070	individual students. Exceptional education students may continue
1071	to follow the courses outlined in the district school board
1072	student progression plan. Participating students and their
1073	parents shall choose among destinations, which must include:
1074	1.  Four-year college or university, community college plus
1075	university, or military academy.
1076	2.  Two-year postsecondary degree.
1077	3.  Postsecondary career and technical certificate.
1078	4.  Immediate employment or entry-level military.
1079	(b)  The student progression model toward a chosen
1080	destination shall include:
1081	1.  A "path" of core courses leading to each of the
1082	destinations provided in paragraph (a).
1083	2.  A recommended group of electives which shall help
1084	define each path.
1085	3.  Provisions for a teacher, school administrator, other
1086	school staff member, or community volunteer to be assigned to a
1087	student as an "academic advocate" if parental or guardian
1088	involvement is lacking.
1089	Section 49.  Paragraph (c) of subsection (3) of section
1090	1008.22, Florida Statutes, is amended to read:
1091	1008.22  Student assessment program for public schools.--
1092	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1093	design and implement a statewide program of educational
1094	assessment that provides information for the improvement of the
1095	operation and management of the public schools, including
1096	schools operating for the purpose of providing educational
1097	services to youth in Department of Juvenile Justice programs.
1098	Pursuant to the statewide assessment program, the commissioner
1099	shall:
1100	(c)  Develop and implement a student achievement testing
1101	program known as the Florida Comprehensive Assessment Test
1102	(FCAT) as part of the statewide assessment program, to be
1103	administered annually in grades 3 through 10 to measure reading,
1104	writing, science, and mathematics. Other content areas may be
1105	included as directed by the commissioner. The testing program
1106	must be designed so that:
1107	1.  The tests measure student skills and competencies
1108	adopted by the State Board of Education as specified in
1109	paragraph (a). The tests must measure and report student
1110	proficiency levels in reading, writing, mathematics, and
1111	science. The commissioner shall provide for the tests to be
1112	developed or obtained, as appropriate, through contracts and
1113	project agreements with private vendors, public vendors, public
1114	agencies, postsecondary educational institutions, or school
1115	districts. The commissioner shall obtain input with respect to
1116	the design and implementation of the testing program from state
1117	educators and the public.
1118	2.  The testing program will include a combination of norm-
1119	referenced and criterion-referenced tests and include, to the
1120	extent determined by the commissioner, questions that require
1121	the student to produce information or perform tasks in such a
1122	way that the skills and competencies he or she uses can be
1123	measured.
1124	3.  Each testing program, whether at the elementary,
1125	middle, or high school level, includes a test of writing in
1126	which students are required to produce writings that are then
1127	scored by appropriate methods.
1128	4.  A score is designated for each subject area tested,
1129	below which score a student's performance is deemed inadequate.
1130	The school districts shall provide appropriate remedial
1131	instruction to students who score below these levels.
1132	5.  Except as provided in s. 1003.43(11)(b), students must
1133	earn a passing score on the grade 10 assessment test described
1134	in this paragraph or on an alternate assessment as described in
1135	subsection (9) in reading, writing, and mathematics to qualify
1136	for a regular high school diploma. The State Board of Education
1137	shall designate a passing score for each part of the grade 10
1138	assessment test. In establishing passing scores, the state board
1139	shall consider any possible negative impact of the test on
1140	minority students. All students who took the grade 10 FCAT
1141	during the 2000-2001 school year shall be required to earn the
1142	passing scores in reading and mathematics established by the
1143	State Board of Education for the March 2001 test administration.
1144	Such students who did not earn the established passing scores
1145	and must repeat the grade 10 FCAT are required to earn the
1146	passing scores established for the March 2001 test
1147	administration. All students who take the grade 10 FCAT for the
1148	first time in March 2002 and thereafter shall be required to
1149	earn the passing scores in reading and mathematics established
1150	by the State Board of Education for the March 2002 test
1151	administration. The State Board of Education shall adopt rules
1152	which specify the passing scores for the grade 10 FCAT. Any such
1153	rules, which have the effect of raising the required passing
1154	scores, shall only apply to students taking the grade 10 FCAT
1155	for the first time after such rules are adopted by the State
1156	Board of Education.
1157	6.  Participation in the testing program is mandatory for
1158	all students attending public school, including students served
1159	in Department of Juvenile Justice programs, except as otherwise
1160	prescribed by the commissioner. If a student does not
1161	participate in the statewide assessment, the district must
1162	notify the student's parent and provide the parent with
1163	information regarding the implications of such nonparticipation.
1164	If modifications are made in the student's instruction to
1165	provide accommodations that would not be permitted on the
1166	statewide assessment tests, the district must notify the
1167	student's parent of the implications of such instructional
1168	modifications. A parent must provide signed consent for a
1169	student to receive instructional modifications that would not be
1170	permitted on the statewide assessments and must acknowledge in
1171	writing that he or she understands the implications of such
1172	accommodations. The State Board of Education shall adopt rules,
1173	based upon recommendations of the commissioner, for the
1174	provision of test accommodations and modifications of procedures
1175	as necessary for students in exceptional education programs and
1176	for students who have limited English proficiency.
1177	Accommodations that negate the validity of a statewide
1178	assessment are not allowable.
1179	7.  A student seeking an adult high school diploma must
1180	meet the same testing requirements that a regular high school
1181	student must meet.
1182	8.  District school boards must provide instruction to
1183	prepare students to demonstrate proficiency in the skills and
1184	competencies necessary for successful grade-to-grade progression
1185	and high school graduation. If a student is provided with
1186	accommodations or modifications that are not allowable in the
1187	statewide assessment program, as described in the test manuals,
1188	the district must inform the parent in writing and must provide
1189	the parent with information regarding the impact on the
1190	student's ability to meet expected proficiency levels in
1191	reading, writing, and math. The commissioner shall conduct
1192	studies as necessary to verify that the required skills and
1193	competencies are part of the district instructional programs.
1194	9.  The Department of Education must develop, or select,
1195	and implement a common battery of assessment tools that will be
1196	used in all juvenile justice programs in the state. These tools
1197	must accurately measure the skills and competencies established
1198	in the Florida Sunshine State Standards.
1199
1200	The commissioner may design and implement student testing
1201	programs, for any grade level and subject area, necessary to
1202	effectively monitor educational achievement in the state.
1203	Section 50.  Subsection (1) of section 1008.29, Florida
1204	Statutes, is amended to read:
1205	1008.29  College-level communication and mathematics skills
1206	examination(CLAST).--
1207	(1)  It is the intent of the Legislature that the
1208	examination of college-level communication and mathematics
1209	skills provided in s. 1008.345(3) serve as a mechanism for
1210	students to demonstrate that they have mastered the academic
1211	competencies prerequisite to upper-division undergraduate
1212	instruction.  It is further intended that the examination serve
1213	as both a summative evaluation instrument prior to student
1214	enrollment in upper-division programs and as a source of
1215	information for student advisers.  It is not intended that
1216	student passage of the examination supplant the need for a
1217	student to complete the general education curriculum prescribed
1218	by an institution.
1219	Section 51.  Subsection (2) of section 1008.32, Florida
1220	Statutes, is amended to read:
1221	1008.32  State Board of Education oversight enforcement
1222	authority.--The State Board of Education shall oversee the
1223	performance of district school boards and public postsecondary
1224	educational institution boards in enforcement of all laws and
1225	rules. District school boards and public postsecondary
1226	educational institution boards shall be primarily responsible
1227	for compliance with law and state board rule.
1228	(2)  The Commissioner of Education may investigate
1229	allegations of noncompliance with law or state board rule and
1230	determine probable cause., The commissioner shall report
1231	determinations of probable cause to the State Board of Education
1232	which shall require the district school board or public
1233	postsecondary educational institution board to document
1234	compliance with law or state board rule.
1235	Section 52.  Subsection (2) of section 1008.37, Florida
1236	Statutes, is amended to read:
1237	1008.37  Postsecondary feedback of information to high
1238	schools.--
1239	(2)  The Commissioner of Education shall report, by high
1240	school, to the State Board of Education and the Legislature, no
1241	later than November 30 31 of each year, on the number of prior
1242	year Florida high school graduates who enrolled for the first
1243	time in public postsecondary education in this state during the
1244	previous summer, fall, or spring term, indicating the number of
1245	students whose scores on the common placement test indicated the
1246	need for remediation through college-preparatory or vocational-
1247	preparatory instruction pursuant to s. 1004.91 or s. 1008.30.
1248	Section 53.  Subsection (1) of section 1009.29, Florida
1249	Statutes, is amended to read:
1250	1009.29  Increased fees for funding financial aid
1251	program.--
1252	(1)  Student tuition and registration fees at each state
1253	university and community college shall include up to $4.68 per
1254	quarter, or $7.02 per semester, per full-time student, or the
1255	per-student credit hour equivalents of such amounts. The fees
1256	provided for by this section shall be adjusted from time to
1257	time, as necessary, to comply with the debt service coverage
1258	requirements of the student loan revenue bonds issued pursuant
1259	to s. 1009.79. If the Division of Bond Finance of the State
1260	Board of Education and the Commissioner of Education determine
1261	that such fees are no longer required as security for revenue
1262	bonds issued pursuant to ss. 1009.78-1009.88, moneys previously
1263	collected pursuant to this section which are held in escrow,
1264	after administrative expenses have been met and up to $150,000
1265	has been used to establish a financial aid data processing
1266	system for the state universities incorporating the necessary
1267	features to meet the needs of all 11 nine universities for
1268	application through disbursement processing, shall be
1269	reallocated to the generating institutions to be used for
1270	student financial aid programs, including, but not limited to,
1271	scholarships and grants for educational purposes. Upon such
1272	determination, such fees shall no longer be assessed and
1273	collected.
1274	Section 54.  Paragraph (e) of subsection (1) of section
1275	1009.531, Florida Statutes, is amended to read:
1276	1009.531  Florida Bright Futures Scholarship Program;
1277	student eligibility requirements for initial awards.--
1278	(1)  To be eligible for an initial award from any of the
1279	three types of scholarships under the Florida Bright Futures
1280	Scholarship Program, a student must:
1281	(e)  Not have been found guilty of, or entered a plea of
1282	plead nolo contendere to, a felony charge, unless the student
1283	has been granted clemency by the Governor and Cabinet sitting as
1284	the Executive Office of Clemency.
1285	Section 55.  Paragraph (b) of subsection (1) of section
1286	1009.532, Florida Statutes, is amended to read:
1287	1009.532  Florida Bright Futures Scholarship Program;
1288	student eligibility requirements for renewal awards.--
1289	(1)  To be eligible to renew a scholarship from any of the
1290	three types of scholarships under the Florida Bright Futures
1291	Scholarship Program, a student must:
1292	(b)  Maintain the cumulative grade point average required
1293	by the scholarship program, except that:
1294	1.  If a recipient's grades fall beneath the average
1295	required to renew a Florida Academic Scholarship, but are
1296	sufficient to renew a Florida Medallion Scholarship or a Florida
1297	Gold Seal Vocational Scholarship, the Department of Education
1298	may grant a renewal from one of those other scholarship
1299	programs, if the student meets the renewal eligibility
1300	requirements;
1301	2.  If, at any time during the eligibility period, a
1302	student's grades are insufficient to renew the scholarship, the
1303	student may restore eligibility by improving the grade point
1304	average to the required level. A student is eligible for such a
1305	restoration one time reinstatement only once. The Legislature
1306	encourages education institutions to assist students to
1307	calculate whether or not it is possible to raise the grade point
1308	average during the summer term. If the institution determines
1309	that it is possible, the education institution may so inform the
1310	department, which may reserve the student's award if funds are
1311	available. The renewal, however, must not be granted until the
1312	student achieves the required cumulative grade point average. If
1313	the summer term is not sufficient to raise the grade point
1314	average to the required renewal level, the student's next
1315	opportunity for renewal is the fall semester of the following
1316	academic year; or
1317	3.  If a student is receiving a Florida Bright Futures
1318	Scholarship, is a servicemember of the Florida National Guard or
1319	United States Reserves while attending a postsecondary
1320	institution, is called to active duty or state active duty, as
1321	defined in s. 250.01, prior to completing his or her degree, and
1322	meets all other requirements for the scholarship, the student
1323	shall be eligible to continue the scholarship for 2 years after
1324	completing active duty or state active duty.
1325	Section 56.  Subsections (1) and (3) of section 1009.534,
1326	Florida Statutes, are amended to read:
1327	1009.534  Florida Academic Scholars award.--
1328	(1)  A student is eligible for a Florida Academic Scholars
1329	award if the student meets the general eligibility requirements
1330	for the Florida Bright Futures Scholarship Program and the
1331	student:
1332	(a)  Has achieved a 3.5 weighted grade point average as
1333	calculated pursuant to s. 1009.531, or its equivalent, in high
1334	school courses that are designated by the State Board of
1335	Education as college-preparatory academic courses; and has
1336	attained at least the score identified by rules of the State
1337	Board of Education on the combined verbal and quantitative parts
1338	of the Scholastic Aptitude Test, the Scholastic Assessment Test,
1339	or the recentered Scholastic Assessment Test of the College
1340	Entrance Examination, or an equivalent score on the ACT
1341	Assessment Program; or
1342	(b)  Has attended a home education program according to s.
1343	1002.41 during grades 11 and 12 or has completed the
1344	International Baccalaureate curriculum but failed to earn the
1345	International Baccalaureate Diploma, and has attained at least
1346	the score identified by rules of the State Board Department of
1347	Education on the combined verbal and quantitative parts of the
1348	Scholastic Aptitude Test, the Scholastic Assessment Test, or the
1349	recentered Scholastic Assessment Test of the College Entrance
1350	Examination, or an equivalent score on the ACT Assessment
1351	Program; or
1352	(c)  Has been awarded an International Baccalaureate
1353	Diploma from the International Baccalaureate Office; or
1354	(d)  Has been recognized by the merit or achievement
1355	programs of the National Merit Scholarship Corporation as a
1356	scholar or finalist; or
1357	(e)  Has been recognized by the National Hispanic
1358	Recognition Program as a scholar recipient.
1359
1360	A student must complete a program of community service work, as
1361	approved by the district school board or the administrators of a
1362	nonpublic school, which shall include a minimum of 75 hours of
1363	service work and require the student to identify a social
1364	problem that interests him or her, develop a plan for his or her
1365	personal involvement in addressing the problem, and, through
1366	papers or other presentations, evaluate and reflect upon his or
1367	her experience.
1368	(3)  To be eligible for a renewal award as a Florida
1369	Academic Scholar, a student must maintain the equivalent of a
1370	cumulative grade point average of 3.0 on a 4.0 scale with an
1371	opportunity for restoration one time one reinstatement as
1372	provided in this chapter.
1373	Section 57.  Subsections (1) and (3) of section 1009.535,
1374	Florida Statutes, are amended to read:
1375	1009.535  Florida Medallion Scholars award.--
1376	(1)  A student is eligible for a Florida Medallion Scholars
1377	award if the student meets the general eligibility requirements
1378	for the Florida Bright Futures Scholarship Program and the
1379	student:
1380	(a)  Has achieved a weighted grade point average of 3.0 as
1381	calculated pursuant to s. 1009.531, or the equivalent, in high
1382	school courses that are designated by the State Board of
1383	Education as college-preparatory academic courses; and has
1384	attained at least the score identified by rules of the State
1385	Board of Education on the combined verbal and quantitative parts
1386	of the Scholastic Aptitude Test, the Scholastic Assessment Test,
1387	or the recentered Scholastic Assessment Test of the College
1388	Entrance Examination, or an equivalent score on the ACT
1389	Assessment Program; or
1390	(b)  Has attended a home education program according to s.
1391	1002.41 during grades 11 and 12 or has completed the
1392	International Baccalaureate curriculum but failed to earn the
1393	International Baccalaureate Diploma, and has attained at least
1394	the score identified by rules of the State Board Department of
1395	Education on the combined verbal and quantitative parts of the
1396	Scholastic Aptitude Test, the Scholastic Assessment Test, or the
1397	recentered Scholastic Assessment Test of the College Entrance
1398	Examination, or an equivalent score on the ACT Assessment
1399	Program; or
1400	(c)  Has been recognized by the merit or achievement
1401	program of the National Merit Scholarship Corporation as a
1402	scholar or finalist but has not completed a program of community
1403	service as provided in s. 1009.534; or
1404	(d)  Has been recognized by the National Hispanic
1405	Recognition Program as a scholar, but has not completed a
1406	program of community service as provided in s. 1009.534.
1407	(3)  To be eligible for a renewal award as a Florida
1408	Medallion Scholar, a student must maintain the equivalent of a
1409	cumulative grade point average of 2.75 on a 4.0 scale with an
1410	opportunity for restoration reinstatement one time as provided
1411	in this chapter.
1412	Section 58.  Subsection (3) of section 1009.536, Florida
1413	Statutes, is amended to read:
1414	1009.536  Florida Gold Seal Vocational Scholars award.--The
1415	Florida Gold Seal Vocational Scholars award is created within
1416	the Florida Bright Futures Scholarship Program to recognize and
1417	reward academic achievement and career and technical preparation
1418	by high school students who wish to continue their education.
1419	(3)  To be eligible for a renewal award as a Florida Gold
1420	Seal Vocational Scholar, a student must maintain the equivalent
1421	of a cumulative grade point average of 2.75 on a 4.0 scale with
1422	an opportunity for restoration reinstatement one time as
1423	provided in this chapter.
1424	Section 59.  Subsection (2) of section 1009.58, Florida
1425	Statutes, is amended to read:
1426	1009.58  Critical teacher shortage tuition reimbursement
1427	program.--
1428	(2)  The State Board of Education shall adopt rules to
1429	implement the critical teacher shortage tuition reimbursement
1430	program. Any full-time public school employee or lab
1431	developmental research school employee certified to teach in
1432	this state is eligible for the program. For the purposes of this
1433	program, tuition reimbursement shall be limited to courses in
1434	critical teacher shortage areas as determined by the State Board
1435	of Education. Such courses shall be:
1436	(a)  Graduate-level courses leading to a master's,
1437	specialist, or doctoral degree;
1438	(b)  Graduate-level courses leading to a new certification
1439	area; or
1440	(c)  State-approved undergraduate courses leading to an
1441	advanced degree or new certification area.
1442	Section 60.  Section 1009.61, Florida Statutes, is amended
1443	to read:
1444	1009.61  Teacher/Quest Scholarship Program.--The
1445	Teacher/Quest Scholarship Program is created for the purpose of
1446	providing teachers with the opportunity to enhance their
1447	knowledge of science, mathematics, and computer applications in
1448	business, industry, and government. A school district or lab
1449	developmental research school may propose that one or more
1450	teachers be granted a Teacher/Quest Scholarship by submitting to
1451	the Department of Education:
1452	(1)  A project proposal specifying activities a teacher
1453	will carry out to improve his or her:
1454	(a)  Understanding of mathematical, scientific, or
1455	computing concepts;
1456	(b)  Ability to apply and demonstrate such concepts through
1457	instruction;
1458	(c)  Knowledge of career and technical requirements for
1459	competency in mathematics, science, and computing; and
1460	(d)  Ability to integrate and apply technological concepts
1461	from all three fields; and
1462	(2)  A contractual agreement with a private corporation or
1463	governmental agency that implements the project proposal and
1464	guarantees employment to the teacher during a summer or other
1465	period when schools are out of session. The agreement must
1466	stipulate a salary rate that does not exceed regular rates of
1467	pay and a gross salary amount consistent with applicable
1468	statutory and contractual provisions for the teacher's
1469	employment. The teacher's compensation shall be provided for on
1470	an equally matched basis by funds from the employing corporation
1471	or agency.
1472	Section 61.  Section 1009.765, Florida Statutes, is amended
1473	to read:
1474	1009.765  Ethics in Business scholarships for community
1475	colleges and independent postsecondary educational
1476	institutions.--When the Department of Insurance or the Office of
1477	Insurance Regulation of the Financial Services Commission
1478	receives a $6 million settlement as specified in the Consent
1479	Order of the Treasurer and Insurance Commissioner, case number
1480	18900-96-c, that portion of the $6 million not used to satisfy
1481	the requirements of section 18 of the Consent Order must be
1482	transferred from the Insurance Regulatory Trust Fund to the
1483	State Student Financial Assistance Trust Fund is appropriated
1484	from the State Student Financial Assistance Trust Fund to
1485	provide Ethics in Business scholarships to students enrolled in
1486	public community colleges and independent postsecondary
1487	educational institutions eligible to participate in the William
1488	L. Boyd, IV, Florida Resident Access Grant Program under s.
1489	1009.89. The funds shall be allocated to institutions for
1490	scholarships in the following ratio: Two-thirds for community
1491	colleges and one-third for eligible independent institutions.
1492	The Department of Education shall administer the scholarship
1493	program for students attending community colleges and
1494	independent institutions. These funds must be allocated to
1495	institutions that provide an equal amount of matching funds
1496	generated by private donors for the purpose of providing Ethics
1497	in Business scholarships. Public funds may not be used to
1498	provide the match, nor may funds collected for other purposes.
1499	Notwithstanding any other provision of law, the State Board of
1500	Administration shall have the authority to invest the funds
1501	appropriated under this section. The State Board Department of
1502	Education may adopt rules for administration of the program.
1503	Section 62.  Subsection (7) of section 1009.77, Florida
1504	Statutes, is amended to read:
1505	1009.77  Florida Work Experience Program.--
1506	(7)  The State Board Department of Education shall
1507	prescribe such rules for the program as are necessary for its
1508	administration, for the determination of eligibility and
1509	selection of institutions to receive funds for students, to
1510	ensure the proper expenditure of funds, and to provide an
1511	equitable distribution of funds between students at public and
1512	independent colleges and universities.
1513	Section 63.  Subsection (5) of section 1010.215, Florida
1514	Statutes, is amended to read:
1515	1010.215  Educational funding accountability.--
1516	(5)  The annual school public accountability report
1517	required by ss. 1001.42(16) and 1008.345 must include a school
1518	financial report. The purpose of the school financial report is
1519	to better inform parents and the public concerning how funds
1520	revenues were spent to operate the school during the prior
1521	fiscal year. Each school's financial report must follow a
1522	uniform, districtwide format that is easy to read and
1523	understand.
1524	(a)  Total revenue must be reported at the school,
1525	district, and state levels. The revenue sources that must be
1526	addressed are state and local funds, other than lottery funds;
1527	lottery funds; federal funds; and private donations.
1528	(b)  Expenditures must be reported as the total
1529	expenditures per unweighted full-time equivalent student at the
1530	school level and the average expenditures per full-time
1531	equivalent student at the district and state levels in each of
1532	the following categories and subcategories:
1533	1.  Teachers, excluding substitute teachers, and education
1534	paraprofessionals who provide direct classroom instruction to
1535	students enrolled in programs classified by s. 1011.62 as:
1536	a.  Basic programs;
1537	b.  Students-at-risk programs;
1538	c.  Special programs for exceptional students;
1539	d.  Career education programs; and
1540	e.  Adult programs.
1541	2.  Substitute teachers.
1542	3.  Other instructional personnel, including school-based
1543	instructional specialists and their assistants.
1544	4.  Contracted instructional services, including training
1545	for instructional staff and other contracted instructional
1546	services.
1547	5.  School administration, including school-based
1548	administrative personnel and school-based education support
1549	personnel.
1550	6.  The following materials, supplies, and operating
1551	capital outlay:
1552	a.  Textbooks;
1553	b.  Computer hardware and software;
1554	c.  Other instructional materials;
1555	d.  Other materials and supplies; and
1556	e.  Library media materials.
1557	7.  Food services.
1558	8.  Other support services.
1559	9.  Operation and maintenance of the school plant.
1560	(c)  The school financial report must also identify the
1561	types of district-level expenditures that support the school's
1562	operations. The total amount of these district-level
1563	expenditures must be reported and expressed as total
1564	expenditures per full-time equivalent student.
1565	Section 64.  Section 1010.75, Florida Statutes, is amended
1566	to read:
1567	1010.75  Teacher Certification Examination Trust Fund.--The
1568	proceeds for the certification examination fee levied pursuant
1569	to s. 1012.59 shall be remitted by the Department of Education
1570	to the Chief Financial Officer for deposit into and disbursed
1571	from for the "Teacher Certification Examination Trust Fund" as
1572	re-created by chapter 99-28, Laws of Florida.
1573	Section 65.  Section 1011.24, Florida Statutes, is amended
1574	to read:
1575	1011.24  Special district units.--For the purposes of
1576	funding through this chapter and chapter 1013, lab developmental
1577	research schools shall be designated as special school
1578	districts. Such districts shall be accountable to the Department
1579	of Education for budget requests and reports on expenditures.
1580	Section 66.  Subsection (2) of section 1011.47, Florida
1581	Statutes, is amended to read:
1582	1011.47  Auxiliary enterprises; contracts, grants, and
1583	donations.--As used in s. 19(f)(3), Art. III of the State
1584	Constitution, the term:
1585	(2)  "Contracts, grants, and donations" includes
1586	noneducational and general funding sources in support of
1587	research, public services, and training. The term includes
1588	grants and donations, sponsored-research contracts, and
1589	Department of Education funding for lab developmental research
1590	schools and other activities for which the funds are deposited
1591	outside the State Treasury.
1592	Section 67.  Subsection (2) of section 1011.60, Florida
1593	Statutes, is amended to read:
1594	1011.60  Minimum requirements of the Florida Education
1595	Finance Program.--Each district which participates in the state
1596	appropriations for the Florida Education Finance Program shall
1597	provide evidence of its effort to maintain an adequate school
1598	program throughout the district and shall meet at least the
1599	following requirements:
1600	(2)  MINIMUM TERM.--Operate all schools for a term of at
1601	least 180 actual teaching days as prescribed in s. 1003.01(14)
1602	or the equivalent on an hourly basis as specified by rules of
1603	the State Board of Education each school year. The State Board
1604	of Education may prescribe procedures for altering, and, upon
1605	written application, may alter, this requirement during a
1606	national, state, or local emergency as it may apply to an
1607	individual school or schools in any district or districts if, in
1608	the opinion of the board, it is not feasible to make up lost
1609	days, and the apportionment may, at the discretion of the
1610	Commissioner of Education and if the board determines that the
1611	reduction of school days is caused by the existence of a bona
1612	fide emergency, be reduced for such district or districts in
1613	proportion to the decrease in the length of term in any such
1614	school or schools. A strike, as defined in s. 447.203(6), by
1615	employees of the school district may not be considered an
1616	emergency.
1617	Section 68.  Paragraphs (f) and (h) of subsection (1) of
1618	section 1011.62, Florida Statutes, are amended to read:
1619	1011.62  Funds for operation of schools.--If the annual
1620	allocation from the Florida Education Finance Program to each
1621	district for operation of schools is not determined in the
1622	annual appropriations act or the substantive bill implementing
1623	the annual appropriations act, it shall be determined as
1624	follows:
1625	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1626	OPERATION.--The following procedure shall be followed in
1627	determining the annual allocation to each district for
1628	operation:
1629	(f)  Supplemental academic instruction; categorical fund.--
1630	1.  There is created a categorical fund to provide
1631	supplemental academic instruction to students in kindergarten
1632	through grade 12. This paragraph may be cited as the
1633	"Supplemental Academic Instruction Categorical Fund."
1634	2.  Categorical funds for supplemental academic instruction
1635	shall be allocated annually to each school district in the
1636	amount provided in the General Appropriations Act. These funds
1637	shall be in addition to the funds appropriated on the basis of
1638	FTE student membership in the Florida Education Finance Program
1639	and shall be included in the total potential funds of each
1640	district. These funds shall be used to provide supplemental
1641	academic instruction to students enrolled in the K-12 program.
1642	Supplemental instruction strategies may include, but are not
1643	limited to: modified curriculum, reading instruction, after-
1644	school instruction, tutoring, mentoring, class size reduction,
1645	extended school year, intensive skills development in summer
1646	school, and other methods for improving student achievement.
1647	Supplemental instruction may be provided to a student in any
1648	manner and at any time during or beyond the regular 180-day term
1649	identified by the school as being the most effective and
1650	efficient way to best help that student progress from grade to
1651	grade and to graduate.
1652	3.  Effective with the 1999-2000 fiscal year, funding on
1653	the basis of FTE membership beyond the 180-day regular term
1654	shall be provided in the FEFP only for students enrolled in
1655	juvenile justice education programs. Funding for instruction
1656	beyond the regular 180-day school year for all other K-12
1657	students shall be provided through the supplemental academic
1658	instruction categorical fund and other state, federal, and local
1659	fund sources with ample flexibility for schools to provide
1660	supplemental instruction to assist students in progressing from
1661	grade to grade and graduating.
1662	4.  The Florida State University School, as a lab
1663	developmental research school, is authorized to expend from its
1664	FEFP or Lottery Enhancement Trust Fund allocation the cost to
1665	the student of remediation in reading, writing, or mathematics
1666	for any graduate who requires remediation at a postsecondary
1667	educational institution.
1668	5.  Beginning in the 1999-2000 school year, dropout
1669	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
1670	(b), and (c), and 1003.54 shall be included in group 1 programs
1671	under subparagraph (d)3.
1672	(h)  Small, isolated high schools.--Districts which levy
1673	the maximum nonvoted discretionary millage, exclusive of millage
1674	for capital outlay purposes levied pursuant to s. 1011.71(2),
1675	may calculate full-time equivalent students for small, isolated
1676	high schools by multiplying the number of unweighted full-time
1677	equivalent students times 2.75; provided the school has attained
1678	a performance grade category "C" or better, pursuant to s.
1679	1008.34, for the previous year percentage of students at such
1680	school passing both parts of the high school competency test, as
1681	defined by law and rule, has been equal to or higher than such
1682	percentage for the state or district, whichever is greater. For
1683	the purpose of this section, the term "small, isolated high
1684	school" means any high school which is located no less than 28
1685	miles by the shortest route from another high school; which has
1686	been serving students primarily in basic studies provided by
1687	sub-subparagraphs (c)1.b. and c. and may include subparagraph
1688	(c)4.; and which has a membership of no more than 100 students,
1689	but no fewer than 28 students, in grades 9 through 12.
1690	Section 69.  Subsections (2) and (5) of section 1011.70,
1691	Florida Statutes, are amended to read:
1692	1011.70  Medicaid certified school funding maximization.--
1693	(2)  The Agency for Health Care Administration Department
1694	of Education shall monitor compliance of each participating
1695	school district with the Medicaid provider agreements. In
1696	addition, the Agency for Health Care Administration department
1697	shall develop standardized recordkeeping procedures for the
1698	school districts that meet Medicaid requirements for audit
1699	purposes.
1700	(5)  Lab Developmental research schools, as authorized
1701	under s. 1002.32, shall be authorized to participate in the
1702	Medicaid certified school match program on the same basis as
1703	school districts subject to the provisions of subsections (1)-
1704	(4) and ss. 409.9071 and 409.908(21).
1705	Section 70.  Paragraph (a) of subsection (1) and paragraph
1706	(a) of subsection (3) of section 1012.585, Florida Statutes, are
1707	amended to read:
1708	1012.585  Process for renewal of professional
1709	certificates.--
1710	(1)(a)  District school boards shall renew state-issued
1711	professional certificates as follows:
1712	1.  Each district school board shall renew state-issued
1713	professional certificates for individuals who hold a state-
1714	issued professional certificate and are employed by that
1715	district pursuant to criteria established in subsections (2),
1716	(3), and (4) and rules of the State Board of Education.
1717	2.  The employing school district may charge the individual
1718	an application fee not to exceed the amount charged by the
1719	Department of Education for such services, including associated
1720	late renewal fees. Each district school board shall transmit
1721	monthly to the department a fee in an amount established by the
1722	State Board of Education for each renewed certificate. The fee
1723	shall not exceed the actual cost for maintenance and operation
1724	of the statewide certification database and for the actual costs
1725	incurred in printing and mailing such renewed certificates. As
1726	defined in current rules of the state board, the department
1727	shall contribute a portion of such fee for purposes of funding
1728	the Educator Recovery Network established in s. 1012.798. The
1729	department shall deposit all funds into the Educational
1730	Certification and Service Trust Fund for use as specified in s.
1731	1012.59.
1732	(3)  For the renewal of a professional certificate, the
1733	following requirements must be met:
1734	(a)  The applicant must earn a minimum of 6 college credits
1735	or 120 inservice points or a combination thereof. For each area
1736	of specialization to be retained on a certificate, the applicant
1737	must earn at least 3 of the required credit hours or equivalent
1738	inservice points in the specialization area. Education in
1739	"clinical educator" training pursuant to s. 1004.04(6)(b) and
1740	credits or points that provide training in the area of
1741	scientifically researched, knowledge-based reading literacy and
1742	computational skills acquisition, exceptional student education,
1743	normal child development, and the disorders of development may
1744	be applied toward any specialization area. Credits or points
1745	that provide training in the areas of drug abuse, child abuse
1746	and neglect, strategies in teaching students having limited
1747	proficiency in English, or dropout prevention, or training in
1748	areas identified in the educational goals and performance
1749	standards adopted pursuant to ss. 1000.03(5) and 1008.345
1750	1001.23 may be applied toward any specialization area. Credits
1751	or points earned through approved summer institutes may be
1752	applied toward the fulfillment of these requirements. Inservice
1753	points may also be earned by participation in professional
1754	growth components approved by the State Board of Education and
1755	specified pursuant to s. 1012.98 in the district's approved
1756	master plan for inservice educational training, including, but
1757	not limited to, serving as a trainer in an approved teacher
1758	training activity, serving on an instructional materials
1759	committee or a state board or commission that deals with
1760	educational issues, or serving on an advisory council created
1761	pursuant to s. 1001.452.
1762	Section 71.  Section 1012.62, Florida Statutes, is amended
1763	to read:
1764	1012.62  Transfer of sick leave and annual leave.--In
1765	implementing the provisions of ss. 402.22(1)(d) and
1766	1001.42(4)(m) 1001.42(4)(n), educational personnel in Department
1767	of Children and Family Services residential care facilities who
1768	are employed by a district school board may request, and the
1769	district school board shall accept, a lump-sum transfer of
1770	accumulated sick leave for such personnel to the maximum allowed
1771	by policies of the district school board, notwithstanding the
1772	provisions of s. 110.122.  Educational personnel in Department
1773	of Children and Family Services residential care facilities who
1774	are employed by a district school board under the provisions of
1775	s. 402.22(1)(d) may request, and the district school board shall
1776	accept, a lump-sum transfer of accumulated annual leave for each
1777	person employed by the district school board in a position in
1778	the district eligible to accrue vacation leave under policies of
1779	the district school board.
1780	Section 72.  Paragraph (b) of subsection (7) of section
1781	1012.79, Florida Statutes, is amended to read:
1782	1012.79  Education Practices Commission; organization.--
1783	(7)  The duties and responsibilities of the commission are
1784	to:
1785	(b)  Revoke or suspend a certificate or take other
1786	appropriate action as provided in ss. 1012.795 1012.56 and
1787	1012.796.
1788	Section 73.  Subsection (2) of section 1012.795, Florida
1789	Statutes, is amended to read:
1790	1012.795  Education Practices Commission; authority to
1791	discipline.--
1792	(2)  The plea of guilty in any court, the decision of
1793	guilty by any court, the forfeiture by the teaching
1794	certificateholder of a bond in any court of law, or the written
1795	acknowledgment, duly witnessed, of offenses listed in subsection
1796	(1) to the district school superintendent or a duly appointed
1797	representative of such superintendent or to the district school
1798	board shall be prima facie proof of grounds for revocation of
1799	the certificate as listed in subsection (1) in the absence of
1800	proof by the certificateholder that the plea of guilty,
1801	forfeiture of bond, or admission of guilt was caused by threats,
1802	coercion, or fraudulent means.
1803	Section 74.  Paragraph (c) of subsection (1) of section
1804	1012.796, Florida Statutes, amended to read:
1805	1012.796  Complaints against teachers and administrators;
1806	procedure; penalties.--
1807	(1)
1808	(c)  Each school district shall file in writing with the
1809	department all legally sufficient complaints within 30 days
1810	after the date on which subject matter of the complaint comes to
1811	the attention of the school district. The school district shall
1812	include all information relating to the complaint which is known
1813	to the school district at the time of filing. Each district
1814	school board shall develop policies and procedures to comply
1815	with this reporting requirement. The district school board
1816	policies and procedures shall include appropriate penalties for
1817	all personnel of the district school board for nonreporting and
1818	procedures for promptly informing the district school
1819	superintendent of each legally sufficient complaint. The
1820	district school superintendent is charged with knowledge of
1821	these policies and procedures. If the district school
1822	superintendent has knowledge of a legally sufficient complaint
1823	and does not report the complaint, or fails to enforce the
1824	policies and procedures of the district school board, and fails
1825	to comply with the requirements of this subsection, in addition
1826	to other actions against certificateholders authorized by law,
1827	the district school superintendent shall be subject to penalties
1828	as specified in s. 1001.51(12) 1001.51(13). This paragraph does
1829	not limit or restrict the power and duty of the department to
1830	investigate complaints as provided in paragraphs(a) and (b),
1831	regardless of the school district's untimely filing, or failure
1832	to file, complaints and followup reports.
1833	Section 75.  Paragraph (b) of subsection (4) of section
1834	1012.98, Florida Statutes, is amended to read:
1835	1012.98  School Community Professional Development Act.--
1836	(4)  The Department of Education, school districts,
1837	schools, community colleges, and state universities share the
1838	responsibilities described in this section. These
1839	responsibilities include the following:
1840	(b)  Each school district shall develop a professional
1841	development system. The system shall be developed in
1842	consultation with teachers and representatives of community
1843	college and state university faculty, community agencies, and
1844	other interested citizen groups to establish policy and
1845	procedures to guide the operation of the district professional
1846	development program.  The professional development system must:
1847	1.  Be approved by the department. All substantial
1848	revisions to the system shall be submitted to the department for
1849	review for continued approval.
1850	2.  Require the use of student achievement data; school
1851	discipline data; school environment surveys; assessments of
1852	parental satisfaction; performance appraisal data of teachers,
1853	managers, and administrative personnel; and other performance
1854	indicators to identify school and student needs that can be met
1855	by improved professional performance.
1856	3.  Provide inservice activities coupled with followup
1857	support that are appropriate to accomplish district-level and
1858	school-level improvement goals and standards. The inservice
1859	activities for instructional personnel shall primarily focus on
1860	subject content and teaching methods, including technology, as
1861	related to the Sunshine State Standards, assessment and data
1862	analysis, classroom management, parent involvement, and school
1863	safety.
1864	4.  Include a master plan for inservice activities,
1865	pursuant to rules of the State Board of Education, for all
1866	district employees from all fund sources. The master plan shall
1867	be updated annually by September 1 using criteria for continued
1868	approval as specified by rules of the State Board of Education.
1869	Written verification that the inservice plan meets all
1870	requirements of this section must be submitted annually to the
1871	commissioner by October 1.
1872	5.  Require each school principal to establish and maintain
1873	an individual professional development plan for each
1874	instructional employee assigned to the school. The individual
1875	professional development plan must:
1876	a.  Be related to specific performance data for the
1877	students to whom the teacher is assigned.
1878	b.  Define the inservice objectives and specific measurable
1879	improvements expected in student performance as a result of the
1880	inservice activity.
1881	c.  Include an evaluation component that determines the
1882	effectiveness of the professional development plan.
1883	6.  Include inservice activities for school administrative
1884	personnel that address updated skills necessary for effective
1885	school management and instructional leadership.
1886	7.  Provide for systematic consultation with regional and
1887	state personnel designated to provide technical assistance and
1888	evaluation of local professional development programs.
1889	8.  Provide for delivery of professional development by
1890	distance learning and other technology-based delivery systems to
1891	reach more educators at lower costs.
1892	9.  Provide for the continuous evaluation of the quality
1893	and effectiveness of professional development programs in order
1894	to eliminate ineffective programs and strategies and to expand
1895	effective ones. Evaluations must consider the impact of such
1896	activities on the performance of participating educators and
1897	their students' achievement and behavior.
1898	Section 76.  Subsection (6) of section 1013.73, Florida
1899	Statutes, is amended to read:
1900	1013.73  Effort index grants for school district
1901	facilities.--
1902	(6)  A school district may receive a distribution for use
1903	pursuant to paragraph (3)(a) only if the district school board
1904	certifies to the Commissioner of Education that the district has
1905	no unmet need for permanent classroom facilities in its 5-year
1906	capital outlay work plan. If the work plan contains such unmet
1907	needs, the district must use its distribution for the payment of
1908	bonds under paragraph (3)(b) (2)(b). If the district does not
1909	require its full bonded distribution to eliminate such unmet
1910	needs, it may bond only that portion of its allocation necessary
1911	to meet the needs.
1912	Section 77.  Subsection (1) of section 1013.74, Florida
1913	Statutes, is amended to read:
1914	1013.74  University authorization for fixed capital outlay
1915	projects.--
1916	(1)  Notwithstanding the provisions of chapter 216,
1917	including s. 216.351, a university may accomplish fixed capital
1918	outlay projects consistent with the provisions of this section.
1919	Projects authorized by this section shall not require
1920	educational plant survey approval as prescribed in this chapter
1921	235.
1922	Section 78.  Paragraphs (g) and (h) of subsection (2) of
1923	section 445.049, subsection (24) of section 1002.33, and section
1924	1006.57, Florida Statutes, are repealed.
1925	Section 79.  Effective upon this act becoming a law and
1926	applicable retroactive to June 30, 2004, subsection (10) of
1927	section 1010.10, Florida Statutes, as created by section 13 of
1928	chapter 2003-399, Laws of Florida, is repealed.
1929	Section 80.  This act shall take effect upon becoming a
1930	law.

CODING: Words stricken are deletions; words underlined are additions.