HB 1763

CS

CHAMBER ACTION

1	The Committee on Appropriations recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to quality of school personnel; amending
7	s. 1004.04, F.S.; revising criteria for admission to
8	teacher preparation programs; requiring a certification
9	ombudsman; authorizing certain postsecondary institutions
10	to develop and implement short-term teaching experiences;
11	creating s. 1004.85, F.S.; providing a definition;
12	providing for postsecondary institutions to create
13	educator preparation institutes; providing purpose of the
14	institutes; authorizing institutes to offer alternative
15	educator certification programs; requiring Department of
16	Education response to a request for approval; providing
17	criteria for alternative certification programs; providing
18	requirements for program participants; providing for
19	participants to receive a credential signifying mastery of
20	professional preparation and education competence;
21	authorizing school districts to use an alternative
22	certification program at an educator preparation institute
23	to satisfy certain requirements; requiring performance
24	evaluations; requiring certain criteria for instructors;
25	providing rulemaking authority; amending s. 1012.05, F.S.;
26	requiring the department to concentrate on retention of
27	teachers; requiring the department to provide certain
28	resources for teachers and to establish an Educator
29	Appreciation Week; requiring the department to notify
30	teachers of items in the General Appropriations Act
31	providing direct benefit to teachers; requiring district
32	school boards to adopt policies for mentors and support
33	for first-time teachers; requiring school districts to
34	electronically submit certain public school e-mail
35	addresses; providing duties of the Commissioner of
36	Education; amending s. 1012.231, F.S.; authorizing a
37	salary career ladder for certain classifications of
38	instructional personnel; providing criteria for certain
39	lead teachers; reenacting s. 1012.231(1), F.S., relating
40	to the salary career ladder, to incorporate the amendment
41	to s. 1012.01(2), F.S., in a reference thereto; amending
42	s. 1012.32, F.S.; requiring background screening for
43	contractual personnel, charter school personnel, and
44	certain instructional and noninstructional personnel;
45	deleting provision for probationary status for new
46	employees pending fingerprint processing; prohibiting
47	certain persons from providing services; providing for
48	appeals; providing for payment of costs; deleting a
49	refingerprinting requirement; requiring the Department of
50	Law Enforcement to retain and enter fingerprints into the
51	statewide automated fingerprint identification system;
52	requiring the Department of Law Enforcement to search
53	arrest fingerprint cards against retained fingerprints and
54	to report identified arrest records; providing school
55	district responsibilities and the imposition of a fee;
56	requiring refingerprinting for personnel whose
57	fingerprints are not retained; amending s. 1012.33, F.S.;
58	revising provisions relating to acceptance of teaching
59	service; amending s. 1012.35, F.S.; requiring background
60	screening and additional requirements for substitute
61	teachers; requiring the department to develop certain
62	resources and school districts to develop performance
63	appraisal measures; amending s. 1012.39, F.S.; requiring
64	background screening and qualifications for substitute
65	teachers; requiring background screening for teachers in
66	adult education programs and nondegreed teachers of career
67	and technical programs; creating s. 1012.465, F.S.;
68	requiring background screening for certain
69	noninstructional personnel and contractors with the school
70	district; requiring such persons to report conviction of a
71	disqualifying offense; providing for suspension of
72	personnel who do not meet screening requirements; amending
73	s. 1012.55, F.S.; providing department duties relating to
74	identification of appropriate certification for certain
75	instruction; requiring background screening for certain
76	instructors; amending s. 1012.56, F.S.; clarifying
77	required response of the department to applicants for
78	certification; revising eligibility criteria for
79	certification applicants; requiring an affidavit for
80	educator certification; requiring background screening for
81	educator certification; revising means of demonstrating
82	mastery of general knowledge, subject area knowledge, and
83	professional preparation and education competence;
84	providing background screening requirements; requiring
85	persons to report conviction of a disqualifying offense;
86	providing for suspension from position and revocation or
87	suspension of certification; creating s. 1012.561, F.S.;
88	providing requirements relating to notification of the
89	address of record of a certified educator or applicant for
90	certification; amending s. 1012.57, F.S.; requiring
91	background screening for adjunct educators; amending s.
92	1012.585, F.S.; providing requirements for training in the
93	teaching of reading for renewal of a professional
94	certificate; amending s. 1002.33, F.S.; requiring
95	background screening for employees and members of the
96	governing boards of charter schools; amending s. 1012.01,
97	F.S.; revising definition of the term "instructional
98	personnel"; reenacting s. 112.1915(1)(b), F.S., relating
99	to death benefits for teachers, to incorporate the
100	amendment to s. 1012.01(2), F.S., in a reference thereto;
101	amending s. 121.091, F.S.; authorizing the director or
102	principal of a developmental research school to authorize
103	instructional personnel to participate in the DROP;
104	reenacting s. 121.091(9)(b), F.S., relating to Florida
105	Retirement System benefits, s. 1011.685(2)(b), F.S.,
106	relating to class size reduction operating categorical
107	funds, and s. 1012.74(2)(a) and (b), F.S., relating to
108	educator professional liability coverage, to incorporate
109	the amendment to s. 1012.01(2), F.S., in references
110	thereto; providing an effective date.
111
112	Be It Enacted by the Legislature of the State of Florida:
113
114	Section 1.  Subsection (4) of section 1004.04, Florida
115	Statutes, is amended, subsections (10), (11), and (12) are
116	renumbered as subsections (11), (12), and (13), respectively,
117	and a new subsection (10) is added to said section, to read:
118	1004.04  Public accountability and state approval for
119	teacher preparation programs.--
120	(4)  INITIAL STATE PROGRAM APPROVAL.--
121	(a)  A program approval process based on standards adopted
122	pursuant to subsections (2) and (3) must be established for
123	postsecondary teacher preparation programs, phased in according
124	to timelines determined by the Department of Education, and
125	fully implemented for all teacher preparation programs in the
126	state. Each program shall be approved by the department,
127	consistent with the intent set forth in subsection (1) and based
128	primarily upon significant, objective, and quantifiable graduate
129	performance measures.
130	(b)  Each teacher preparation program approved by the
131	Department of Education, as provided for by this section, shall
132	require students to meet the following as prerequisites for
133	admission into the program:
134	1.  Have a grade point average of at least 2.5 on a 4.0
135	scale for the general education component of undergraduate
136	studies or have completed the requirements for a baccalaureate
137	degree with a minimum grade point average of 2.5 on a 4.0 scale
138	from any college or university accredited by a regional
139	accrediting association as defined by State Board of Education
140	rule or any college or university otherwise approved pursuant to
141	State Board of Education rule.
142	2.  Demonstrate mastery of general knowledge, including the
143	ability to read, write, and compute, by passing the General
144	Knowledge Test of the Florida Teacher Certification Examination,
145	the College Level Academic Skills Test, a corresponding
146	component of the National Teachers Examination series, or a
147	similar test pursuant to rules of the State Board of Education.
148
149	Each teacher preparation program may waive these admissions
150	requirements for up to 10 percent of the students admitted.
151	Programs shall implement strategies to ensure that students
152	admitted under a waiver receive assistance to demonstrate
153	competencies to successfully meet requirements for
154	certification.
155	(c)  Each teacher preparation program approved by the
156	Department of Education, as provided for by this section, shall
157	provide a certification ombudsman to facilitate the process and
158	procedures required for graduates to obtain educator
159	professional or temporary certification pursuant to s. 1012.56.
160	(10)  SHORT-TERM EXPERIENCES AS TEACHER ASSISTANTS.--
161	Postsecondary institutions offering teacher preparation programs
162	and community colleges, in collaboration with school districts,
163	may develop and implement a program to provide short-term
164	experiences as teacher assistants prior to beginning a teacher
165	preparation program or alternative certification program. The
166	program shall serve individuals with baccalaureate degrees who
167	are interested in the teaching profession. This experience may
168	be accepted for use in teacher preparation programs and
169	competency-based alternative certification programs, where
170	applicable.
171	Section 2.  Section 1004.85, Florida Statutes, is created
172	to read:
173	1004.85  Postsecondary educator preparation institutes.--
174	(1)  As used in this section, "educator preparation
175	institute" means an institute created by a postsecondary
176	institution and approved by the Department of Education.
177	(2)  Postsecondary institutions may seek approval from the
178	Department of Education to create educator preparation
179	institutes for the purpose of providing any or all of the
180	following:
181	(a)  Professional development instruction to assist
182	teachers in improving classroom instruction and in meeting
183	certification or recertification requirements.
184	(b)  Instruction to assist potential and existing
185	substitute teachers in performing their duties.
186	(c)  Instruction to assist paraprofessionals in meeting
187	education and training requirements.
188	(d)  Instruction for baccalaureate degree holders to become
189	certified teachers as provided in this section in order to
190	increase routes to the classroom for mid-career professionals
191	who hold a baccalaureate degree and college graduates who were
192	not education majors.
193	(3)  Educator preparation institutes approved pursuant to
194	this section may offer alternative certification programs
195	specifically designed for noneducation major baccalaureate
196	degree holders to enable program participants to meet the
197	educator certification requirements of s. 1012.56. Such programs
198	shall be competency-based educator certification preparation
199	programs that prepare educators through an alternative route. An
200	educator preparation institute choosing to offer an alternative
201	certification program pursuant to the provisions of this section
202	must implement a program previously approved by the Department
203	of Education for this purpose or a program developed by the
204	institute and approved by the department for this purpose.
205	Approved programs shall be available for use by other approved
206	educator preparation institutes.
207	(a)  Within 90 days after receipt of a request for
208	approval, the Department of Education shall approve an
209	alternative certification program or issue a statement of the
210	deficiencies in the request for approval. The department shall
211	approve an alternative certification program if the institute
212	provides sufficient evidence of the following:
213	1.  Instruction must be provided in professional knowledge
214	and subject matter content that includes educator-accomplished
215	practices and competencies specified in State Board of Education
216	rule; meets subject matter content requirements and professional
217	competency testing requirements; and includes competencies
218	associated with teaching scientifically based reading
219	instruction and strategies that research has shown to be
220	successful in improving reading among low-performing readers.
221	2.  The program must provide field experience with
222	supervision from qualified educators.
223	3.  The program must provide a certification ombudsman to
224	facilitate the process and procedures required for participants
225	who complete the program to meet any requirements related to the
226	background screening pursuant to s. 1012.32 and educator
227	professional or temporary certification pursuant to s. 1012.56.
228	(b)  Each program participant must:
229	1.  Meet certification requirements pursuant to s.
230	1012.56(1) by obtaining a statement of status of eligibility and
231	meet the requirements of s. 1012.56(2)(a)-(f).
232	2.  Participate in field experience that is appropriate to
233	his or her educational plan.
234	3.  Fully demonstrate his or her ability to teach the
235	subject area for which he or she is seeking certification prior
236	to completion of the program.
237	(c)  Upon completion of an alternative certification
238	program approved pursuant to this subsection, a participant
239	shall receive a credential from the sponsoring institution
240	signifying satisfaction of the requirements of s. 1012.56(5)
241	relating to mastery of professional preparation and education
242	competence. A participant shall be eligible for educator
243	certification through the Department of Education upon
244	satisfaction of all requirements for certification set forth in
245	s. 1012.56(2), including demonstration of mastery of general
246	knowledge, subject area knowledge, and professional preparation
247	and education competence, through testing or other statutorily
248	authorized means.
249	(d)  If an institution offers an alternative certification
250	program approved pursuant to this subsection, such program may
251	be used by the school district or districts served by that
252	institution to fully satisfy the requirements for the provision
253	of a competency-based professional preparation alternative
254	certification program as required in s. 1012.56(7).
255	(4)  Each institute approved pursuant to this section shall
256	submit to the Department of Education annual performance
257	evaluations that measure the effectiveness of the programs,
258	including the pass rates of participants on all examinations
259	required for teacher certification, employment rates,
260	longitudinal retention rates, and employer satisfaction surveys.
261	The employer satisfaction surveys must be designed to measure
262	the sufficient preparation of the educator to enter the
263	classroom.
264	(5)  Instructors for an alternative certification program
265	approved pursuant to this section must possess a master's degree
266	in education or a master's degree in an appropriate related
267	field and document teaching experience.
268	(6)  Educator preparation institutes approved pursuant to
269	this section and providing approved instructional programs for
270	any of the purposes in subsection (2) are eligible for funding
271	from federal and state funds, as appropriated by the
272	Legislature.
273	(7)  The State Board of Education may adopt rules pursuant
274	to ss. 120.536(1) and 120.54 to implement the provisions of this
275	section.
276	Section 3.  Section 1012.05, Florida Statutes, is amended
277	to read:
278	1012.05  Teacher recruitment and retention.--
279	(1)  The Department of Education, in cooperation with
280	teacher organizations, district personnel offices, and schools,
281	colleges, and departments of all public and nonpublic
282	postsecondary educational institutions, shall concentrate on the
283	recruitment and retention of qualified teachers.
284	(2)  The Department of Education shall:
285	(a)  Develop and implement a system for posting teaching
286	vacancies and establish a database of teacher applicants that is
287	accessible within and outside the state.
288	(b)  Advertise in major newspapers, national professional
289	publications, and other professional publications and in public
290	and nonpublic postsecondary educational institutions.
291	(c)  Utilize state and nationwide toll-free numbers.
292	(d)  Conduct periodic communications with district
293	personnel directors regarding applicants.
294	(e)  Provide district access to the applicant database by
295	computer or telephone.
296	(f)  Develop and distribute promotional materials related
297	to the teaching profession as a career.
298	(g)  Publish and distribute information pertaining to
299	employment opportunities, application procedures, and all routes
300	toward teacher certification in Florida, and teacher salaries.
301	(h)  Provide information related to certification
302	procedures.
303	(i)  Develop and sponsor the Florida Future Educator of
304	America Program throughout the state.
305	(j)  Develop, in consultation with school district staff
306	including, but not limited to, district school superintendents,
307	district school board members, and district human resources
308	personnel, a long-range plan for educator recruitment and
309	retention.
310	(k)  Identify best practices for retaining high-quality
311	teachers.
312	(l)  Develop, in consultation with Workforce Florida, Inc.,
313	and the Agency for Workforce Innovation, created pursuant to ss.
314	445.004 and 20.50, respectively, a plan for accessing and
315	identifying available resources in the state's workforce system
316	for the purpose of enhancing teacher recruitment and retention.
317	(m)  In consultation with school districts, create
318	guidelines and identify best practices for mentors of first-time
319	teachers and for new teacher support programs that focus on the
320	professional assistance needed by first-time teachers throughout
321	the first year of teaching.
322	(n)(m)  Develop and implement a First Response Center to
323	provide educator candidates one-stop shopping for information on
324	teaching careers in Florida and establish the Teacher Lifeline
325	Network to provide online support to beginning teachers and
326	those needing assistance.
327	(o)  Develop and implement an online teacher tool kit that
328	contains a menu of resources, based on the Sunshine State
329	Standards, which all teachers can use to enhance classroom
330	instruction and increase teacher effectiveness to improve
331	student achievement.
332	(p)  Establish an Educator Appreciation Week to recognize
333	the significant contributions made by educators to their
334	students and school communities.
335	(q)  Notify each teacher, via e-mail, of each item in the
336	General Appropriations Act that provides direct benefit to
337	teachers, including, but not limited to, the Dale Hickam
338	Excellent Teaching Program, the Florida Teachers Lead Program
339	Stipend, teacher liability insurance protection, and teacher
340	death benefits.
341	(3)(a)  Each district school board shall adopt policies
342	relating to mentors and support for first-time teachers based
343	upon guidelines issued by the Department of Education.
344	(b)  By September 15 and February 15 each school year, each
345	school district shall electronically submit to the Department of
346	Education accurate public school e-mail addresses for all
347	instructional and administrative personnel as defined in s.
348	1012.01(2) and (3).
349	(4)(3)  The Department of Education, in cooperation with
350	district personnel offices, shall sponsor a job fair in a
351	central part of the state to match in-state educators and
352	potential educators and out-of-state educators and potential
353	educators with teaching opportunities in this state.
354	(5)(4)  Subject to proviso in the General Appropriations
355	Act, the Commissioner of Education may use funds appropriated by
356	the Legislature and funds from federal grants and other sources
357	to provide incentives for teacher recruitment and preparation
358	programs. The purpose of the use of such funds is to recruit and
359	prepare individuals who do not graduate from state-approved
360	teacher preparation programs to teach in a Florida public
361	school. The commissioner may contract with entities other than,
362	and including, approved teacher preparation programs to provide
363	intensive teacher training leading to passage of the required
364	certification exams for the desired subject area or coverage.
365	The commissioner shall survey school districts to evaluate the
366	effectiveness of such programs.
367	(6)  The commissioner is directed to take steps that
368	provide flexibility and consistency in meeting the high-quality
369	teacher criteria defined in the federal No Child Left Behind Act
370	through a High, Objective, Uniform State Standard of Evaluation
371	(HOUSSE).
372	Section 4.  Subsections (2) and (3) of section 1012.231,
373	Florida Statutes, are renumbered as subsections (3) and (4),
374	respectively, a new subsection (2) is added to said section,
375	and, for the purpose of incorporating the amendment to section
376	1012.01(2), Florida Statutes, in a reference thereto, subsection
377	(1) of said section is reenacted, to read:
378	1012.231  BEST Florida Teaching salary career ladder
379	program; assignment of teachers.--
380	(1)  SALARY CAREER LADDER FOR CLASSROOM TEACHERS.--
381	Beginning with the 2004-2005 academic year, each district school
382	board shall implement a salary career ladder for classroom
383	teachers as defined in s. 1012.01(2)(a). Performance shall be
384	defined as designated in s. 1012.34(3)(a)1.-7. District school
385	boards shall designate categories of classroom teachers
386	reflecting these salary career ladder levels as follows:
387	(a)  Associate teacher.--Classroom teachers in the school
388	district who have not yet received a professional certificate or
389	those with a professional certificate who are evaluated as low-
390	performing teachers.
391	(b)  Professional teacher.--Classroom teachers in the
392	school district who have received a professional certificate.
393	(c)  Lead teacher.--Classroom teachers in the school
394	district who are responsible for leading others in the school as
395	department chair, lead teacher, grade-level leader, intern
396	coordinator, or professional development coordinator. Lead
397	teachers must participate on a regular basis in the direct
398	instruction of students and serve as faculty for professional
399	development activities as determined by the State Board of
400	Education. To be eligible for designation as a lead teacher, a
401	teacher must demonstrate outstanding performance pursuant to s.
402	1012.34(3)(a)1.-7. and must have been a "professional teacher"
403	pursuant to paragraph (b) for at least 1 year.
404	(d)  Mentor teacher.--Classroom teachers in the school
405	district who serve as regular mentors to other teachers who are
406	either not performing satisfactorily or who strive to become
407	more proficient. Mentor teachers must serve as faculty-based
408	professional development coordinators and regularly demonstrate
409	and share their expertise with other teachers in order to remain
410	mentor teachers. Mentor teachers must also participate on a
411	regular basis in the direct instruction of low-performing
412	students. To be eligible for designation as a mentor teacher, a
413	teacher must demonstrate outstanding performance pursuant to s.
414	1012.34(3)(a)1.-7. and must have been a "lead teacher" pursuant
415	to paragraph (c) for at least two years.
416
417	Promotion of a teacher to a higher level on the salary career
418	ladder shall be based upon prescribed performance criteria and
419	not based upon length of service.
420	(2)  SALARY CAREER LADDER FOR CERTAIN CLASSIFICATIONS OF
421	INSTRUCTIONAL PERSONNEL.--Each school district may incorporate
422	one or more individuals into the district career ladder program
423	as lead teachers pursuant to paragraph (1)(c) for the following
424	classifications:
425	(a)  Student personnel services as defined in s.
426	1012.01(2)(b).
427	(b)  Librarians/media specialists as defined in s.
428	1012.01(2)(c).
429	(c)  Other instructional staff as defined in s.
430	1012.01(2)(d).
431	(d)  Teachers of English for Speakers of Other Languages
432	pursuant to s. 1003.56.
433
434	If a school district chooses to incorporate individuals
435	identified in this subsection into the district career ladder
436	program, a lead teacher designated pursuant to this subsection
437	shall serve as a team leader, intern coordinator, or
438	professional development coordinator; shall participate in
439	direct instruction of students throughout the school year; and
440	shall serve as faculty for professional development activities
441	as determined by the State Board of Education. To be eligible
442	for designation as a lead teacher, an educator must demonstrate
443	outstanding performance pursuant to s. 1012.34(3)(a).
444	Section 5.  Section 1012.32, Florida Statutes, is amended
445	to read:
446	1012.32  Qualifications of personnel.--
447	(1)  To be eligible for appointment in any position in any
448	district school system, a person shall be of good moral
449	character; shall have attained the age of 18 years, if he or she
450	is to be employed in an instructional capacity; and shall, when
451	required by law, hold a certificate or license issued under
452	rules of the State Board of Education or the Department of
453	Children and Family Services, except when employed pursuant to
454	s. 1012.55 or under the emergency provisions of s. 1012.24.
455	Previous residence in this state shall not be required in any
456	school of the state as a prerequisite for any person holding a
457	valid Florida certificate or license to serve in an
458	instructional capacity.
459	(2)(a)  Instructional and noninstructional personnel who
460	are hired or contracted to fill positions requiring direct
461	contact with students in any district school system or
462	university lab school shall, upon employment or engagement to
463	provide services, undergo background screening as required under
464	s. 1012.56 or s. 1012.465, whichever is applicable, file a
465	complete set of fingerprints taken by an authorized law
466	enforcement officer or an employee of the school or district who
467	is trained to take fingerprints.
468	(b)  Instructional and noninstructional personnel who are
469	hired or contracted to fill positions in any charter school and
470	members of the governing board of any charter school, in
471	compliance with s. 1002.33(12)(g), shall, upon employment,
472	engagement of services, or appointment, undergo background
473	screening as required under s. 1012.56 or s. 1012.465, whichever
474	is applicable, by filing with the district school board for the
475	school district in which the charter school is located a
476	complete set of fingerprints taken by an authorized law
477	enforcement agency or an employee of the school or school
478	district who is trained to take fingerprints.
479	(c)  Instructional and noninstructional personnel who are
480	hired or contracted to fill positions requiring direct contact
481	with students in an alternative school that operates under
482	contract with a district school system shall, upon employment or
483	engagement to provide services, undergo background screening as
484	required under s. 1012.56 or s. 1012.465, whichever is
485	applicable, by filing with the district school board for the
486	school district to which the alternative school is under
487	contract a complete set of fingerprints taken by an authorized
488	law enforcement agency or an employee of the school or school
489	district who is trained to take fingerprints.
490	(d)  Student teachers, persons participating in a field
491	experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
492	participating in a short-term experience as a teacher assistant
493	pursuant to s. 1004.04(10) in any district school system, lab
494	school, or charter school shall, upon engagement to provide
495	services, undergo background screening as required under s.
496	1012.56.
497
498	These Fingerprints shall be submitted to the Department of Law
499	Enforcement for state processing and to the Federal Bureau of
500	Investigation for federal processing. Persons subject to this
501	subsection The new employees shall be on probationary status
502	pending fingerprint processing and determination of compliance
503	with standards of good moral character. Employees found through
504	fingerprint processing to have been convicted of a crime
505	involving moral turpitude shall not be employed, engaged to
506	provide services, or serve in any position requiring direct
507	contact with students. Probationary persons subject to this
508	subsection employees terminated because of their criminal record
509	shall have the right to appeal such decisions. The cost of the
510	background screening fingerprint processing may be borne by the
511	district school board, the charter school, or the employee, the
512	contractor, or a person subject to this subsection.
513	(b) Personnel who have been fingerprinted or screened
514	pursuant to this subsection and who have not been unemployed for
515	more than 90 days shall not be required to be refingerprinted or
516	rescreened in order to comply with the requirements of this
517	subsection.
518	(3)(a)  Beginning July 1, 2004, all fingerprints submitted
519	to the Department of Law Enforcement as required by subsection
520	(2) shall be retained by the Department of Law Enforcement in a
521	manner provided by rule and entered in the statewide automated
522	fingerprint identification system authorized by s. 943.05(2)(b).
523	Such fingerprints shall thereafter be available for all purposes
524	and uses authorized for arrest fingerprint cards entered in the
525	statewide automated fingerprint identification system pursuant
526	to s. 943.051.
527	(b)  Beginning December 15, 2004, the Department of Law
528	Enforcement shall search all arrest fingerprint cards received
529	under s. 943.051 against the fingerprints retained in the
530	statewide automated fingerprint identification system under
531	paragraph (a). Any arrest record that is identified with the
532	retained fingerprints of a person subject to the background
533	screening under this section shall be reported to the employing
534	or contracting school district or the school district with which
535	the person is affiliated. Each school district is required to
536	participate in this search process by payment of an annual fee
537	to the Department of Law Enforcement and by informing the
538	Department of Law Enforcement of any change in the affiliation,
539	employment, or contractual status or place of affiliation,
540	employment, or contracting of its instructional and
541	noninstructional personnel whose fingerprints are retained under
542	paragraph (a). The Department of Law Enforcement shall adopt a
543	rule setting the amount of the annual fee to be imposed upon
544	each school district for performing these searches and
545	establishing the procedures for the retention of instructional
546	and noninstructional personnel fingerprints and the
547	dissemination of search results. The fee may be borne by the
548	district school board, the contractor, or the person
549	fingerprinted.
550	(c)  Personnel whose fingerprints are not retained by the
551	Department of Law Enforcement under paragraphs (a) and (b) are
552	required to be refingerprinted and must meet state and federal
553	background screening requirements as described in this section,
554	upon reemployment or reengagement to provide services, in order
555	to comply with the requirements of this subsection.
556	Section 6.  Paragraph (g) of subsection (3) of section
557	1012.33, Florida Statutes, is amended to read:
558	1012.33  Contracts with instructional staff, supervisors,
559	and school principals.--
560	(3)
561	(g)  Beginning July 1, 2001, For each employee who enters
562	into a written contract, pursuant to this section, in a school
563	district in which the employee was not employed as of June 30,
564	2001, for purposes of pay, a district school board must
565	recognize and accept each year of full-time public school
566	teaching service earned in the State of Florida or outside the
567	state and for which the employee received a satisfactory
568	performance evaluation. Instructional personnel employed
569	pursuant to s. 121.091(9)(b)3. are exempt from the provisions of
570	this paragraph.
571	Section 7.  Section 1012.35, Florida Statutes, is amended
572	to read:
573	1012.35  Substitute teachers.--
574	(1)(a)  Each district school board shall adopt rules
575	prescribing the compensation of, and the procedure for
576	employment of, substitute teachers. Such procedure for
577	employment shall include, but is not limited to, the background
578	screening filing of a complete set of fingerprints as required
579	in s. 1012.32; documentation of a minimum education level of a
580	high school diploma or its equivalent; and completion of an
581	initial orientation/training program in school district policies
582	and procedures addressing school safety and security procedures,
583	educational liability laws, professional responsibilities, and
584	ethics.
585	(b)  Candidates without prior teaching experience, as
586	determined by the employing school district, must complete an
587	additional training program that includes classroom management
588	skills and instructional strategies.
589	(c)  The required training programs for substitute teachers
590	may be provided by educator preparation institutes established
591	pursuant to s. 1004.85, community colleges, colleges of
592	education, district school boards, educational consortia, or
593	commercial vendors.
594	(d)  It is recommended that ongoing training and access to
595	professional development offerings be made available to
596	substitute teachers by the employing school district.
597	(2)  The Department of Education shall develop web-based
598	resources to enhance school district substitute teacher
599	orientation programs and provide web-based training resources to
600	meet the required training pursuant to paragraph (1)(b).
601	(3)  School districts shall develop performance appraisal
602	measures for assessing the quality of instruction delivered by
603	substitute teachers who provide instruction for 30 or more days
604	in a single classroom placement.
605	Section 8.  Subsection (1) of section 1012.39, Florida
606	Statutes, is amended to read:
607	1012.39  Employment of substitute teachers, teachers of
608	adult education, nondegreed teachers of career education, and
609	career specialists; students performing clinical field
610	experience.--
611	(1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
612	1012.57, or any other provision of law or rule to the contrary,
613	each district school board shall establish the minimal
614	qualifications for:
615	(a)  Substitute teachers to be employed pursuant to s.
616	1012.35. The qualifications shall require the filing of a
617	background screening complete set of fingerprints in the same
618	manner as required by s. 1012.32; documentation of a minimum
619	education level of a high school diploma or its equivalent; and
620	completion of an initial orientation/training program in school
621	district policies and procedures addressing school safety and
622	security procedures, educational liability laws, professional
623	responsibilities, and ethics.
624	(b)  Part-time and full-time teachers in adult education
625	programs. The qualifications shall require the filing of a
626	background screening complete set of fingerprints in the same
627	manner as required by s. 1012.32. Faculty employed solely to
628	conduct postsecondary instruction may be exempted from this
629	requirement.
630	(c)  Part-time and full-time nondegreed teachers of career
631	and technical programs. Qualifications shall be established for
632	agriculture, business, health occupations, family and consumer
633	sciences, industrial, marketing, career specialist, and public
634	service education teachers, based primarily on successful
635	occupational experience rather than academic training. The
636	qualifications for such teachers shall require:
637	1.  The filing of a background screening complete set of
638	fingerprints in the same manner as required by s. 1012.32.
639	Faculty employed solely to conduct postsecondary instruction may
640	be exempted from this requirement.
641	2.  Documentation of education and successful occupational
642	experience including documentation of:
643	a.  A high school diploma or the equivalent.
644	b.  Completion of 6 years of full-time successful
645	occupational experience or the equivalent of part-time
646	experience in the teaching specialization area. Alternate means
647	of determining successful occupational experience may be
648	established by the district school board.
649	c.  Completion of career education training conducted
650	through the local school district inservice master plan.
651	d.  For full-time teachers, completion of professional
652	education training in teaching methods, course construction,
653	lesson planning and evaluation, and teaching special needs
654	students. This training may be completed through coursework from
655	an accredited or approved institution or an approved district
656	teacher education program.
657	e.  Demonstration of successful teaching performance.
658	Section 9.  Section 1012.465, Florida Statutes, is created
659	to read:
660	1012.465  Background screening requirements for certain
661	noninstructional school district employees and contractors.--
662	(1)  Noninstructional school district employees or
663	contractual personnel who have direct contact with students or
664	have access to or control of school funds must meet background
665	screening requirements as described in s. 1012.32.
666	(2)  Every 5 years following employment or entry into a
667	contract in a capacity described in subsection (1), each person
668	who is so employed or under contract with the school district
669	must meet background screening requirements at which time the
670	school district shall request the Department of Law Enforcement
671	to forward the fingerprints to the Federal Bureau of
672	Investigation for the federal background screening. If, for any
673	reason following employment or entry into a contract in a
674	capacity described in subsection (1), the fingerprints of a
675	person who is so employed or under contract with the school
676	district are not retained by the Department of Law Enforcement
677	under s. 1012.32(3)(a) and (b), the person must file a complete
678	set of fingerprints with the district school superintendent of
679	the employing or contracting school district. Upon submission of
680	fingerprints for this purpose, the school district shall request
681	the Department of Law Enforcement to forward the fingerprints to
682	the Federal Bureau of Investigation for federal background
683	screening, and the fingerprints shall be retained by the
684	Department of Law Enforcement under s. 1012.32(3)(a) and (b).
685	The cost of the state and federal criminal history check may be
686	borne by the district school board, the contractor, or the
687	person fingerprinted. Under penalty of perjury, each person who
688	is employed or under contract in a capacity described in
689	subsection (1) must agree to inform his or her employer or the
690	party with whom he or she is under contract within 48 hours if
691	convicted of any disqualifying offense while he or she is
692	employed or under contract in that capacity.
693	(3)  If it is found that a person who is employed or under
694	contract in a capacity described in subsection (1) does not meet
695	the background screening requirements described in s. 1012.32,
696	the person shall be immediately suspended from working in that
697	capacity and shall remain suspended until final resolution of
698	any appeals.
699	Section 10.  Subsections (1) and (4) of section 1012.55,
700	Florida Statutes, are amended to read:
701	1012.55  Positions for which certificates required.--
702	(1)  The State Board of Education shall classify school
703	services, designate the certification subject areas, establish
704	competencies, including the use of technology to enhance student
705	learning, and certification requirements for all school-based
706	personnel, and adopt rules in accordance with which the
707	professional, temporary, and part-time certificates shall be
708	issued by the Department of Education to applicants who meet the
709	standards prescribed by such rules for their class of service.
710	Each person employed or occupying a position as school
711	supervisor, school principal, teacher, library media specialist,
712	school counselor, athletic coach, or other position in which the
713	employee serves in an instructional capacity, in any public
714	school of any district of this state shall hold the certificate
715	required by law and by rules of the State Board of Education in
716	fulfilling the requirements of the law for the type of service
717	rendered. The Department of Education shall identify appropriate
718	educator certification for the instruction of specified courses
719	in an annual publication of a directory of course code numbers
720	for all programs and courses that are funded through the Florida
721	Education Finance Program. However, the state board shall adopt
722	rules authorizing district school boards to employ selected
723	noncertificated personnel to provide instructional services in
724	the individuals' fields of specialty or to assist instructional
725	staff members as education paraprofessionals.
726	(4)  A commissioned or noncommissioned military officer who
727	is an instructor of junior reserve officer training shall be
728	exempt from requirements for teacher certification, except for
729	the background screening filing of fingerprints pursuant to s.
730	1012.32, if he or she meets the following qualifications:
731	(a)  Is retired from active military duty, pursuant to
732	chapter 102 of Title 10, U.S.C.
733	(b)  Satisfies criteria established by the appropriate
734	military service for certification by the service as a junior
735	reserve officer training instructor.
736	(c)  Has an exemplary military record.
737
738	If such instructor is assigned instructional duties other than
739	junior reserve officer training, he or she shall hold the
740	certificate required by law and rules of the state board for the
741	type of service rendered.
742	Section 11.  Subsection (1), paragraphs (b) and (d) of
743	subsection (2), and subsections (3), (4), and (5) of section
744	1012.56, Florida Statutes, are amended, subsections (9) through
745	(15) are renumbered as subsections (10) through (16),
746	respectively, and a new subsection (9) is added to said section,
747	to read:
748	1012.56  Educator certification requirements.--
749	(1)  APPLICATION.--Each person seeking certification
750	pursuant to this chapter shall submit a completed application
751	containing the applicant's social security number to the
752	Department of Education and remit the fee required pursuant to
753	s. 1012.59 and rules of the State Board of Education. Pursuant
754	to the federal Personal Responsibility and Work Opportunity
755	Reconciliation Act of 1996, each party is required to provide
756	his or her social security number in accordance with this
757	section. Disclosure of social security numbers obtained through
758	this requirement is limited to the purpose of administration of
759	the Title IV-D program of the Social Security Act for child
760	support enforcement. Pursuant to s. 120.60, the department shall
761	issue within 90 calendar days after the stamped receipted date
762	of the completed application:
763	(a)  If the applicant meets the requirements, a
764	professional certificate covering the classification, level, and
765	area for which the applicant is deemed qualified and a document
766	explaining the requirements for renewal of the professional
767	certificate; or
768	(b)  If the applicant meets the requirements and if
769	requested by an employing school district or an employing
770	private school with a professional education competence
771	demonstration program pursuant to paragraphs (5)(f) and (7)(b),
772	a temporary certificate covering the classification, level, and
773	area for which the applicant is deemed qualified and an official
774	statement of status of eligibility; or
775	(c)(b)  If an applicant does not meet the requirements for
776	either certificate, an official statement of status of
777	eligibility.
778
779	The statement of status of eligibility must advise the applicant
780	of any qualifications that must be completed to qualify for
781	certification. Each statement of status of eligibility is valid
782	for 3 years after its date of issuance, except as provided in
783	paragraph (2)(d).
784	(2)  ELIGIBILITY CRITERIA.--To be eligible to seek
785	certification, a person must:
786	(b)  File an affidavit a written statement, under oath,
787	that the applicant subscribes to and will uphold the principles
788	incorporated in the Constitution of the United States and the
789	Constitution of the State of Florida and that the information
790	provided in the application is true, accurate, and complete. The
791	affidavit shall be by original signature or by electronic
792	authentication. The affidavit shall include substantially the
793	following warning:
794
795	WARNING: Giving false information in order to obtain or renew a
796	Florida educator's certificate is a criminal offense under
797	Florida law. Anyone giving false information on this affidavit
798	is subject to criminal prosecution as well as disciplinary
799	action by the Education Practices Commission.
800
801	(d)  Submit to background screening in accordance with
802	subsection (9) a fingerprint check from the Department of Law
803	Enforcement and the Federal Bureau of Investigation pursuant to
804	s. 1012.32. If the background screening indicates fingerprint
805	reports indicate a criminal history or if the applicant
806	acknowledges a criminal history, the applicant's records shall
807	be referred to the investigative section in the Department of
808	Education Bureau of Educator Standards for review and
809	determination of eligibility for certification. If the applicant
810	fails to provide the necessary documentation requested by the
811	department Bureau of Educator Standards within 90 days after the
812	date of the receipt of the certified mail request, the statement
813	of eligibility and pending application shall become invalid.
814	(3)  MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
815	demonstrating mastery of general knowledge are:
816	(a)  Achievement of passing scores on basic skills
817	examination required by state board rule;
818	(b)  Achievement of passing scores on the College Level
819	Academic Skills Test earned prior to July 1, 2002;
820	(c)  A valid professional standard teaching certificate
821	issued by another state;
822	(d)  A valid certificate issued by the National Board for
823	Professional Teaching Standards or a national educator
824	credentialing board approved by the State Board of Education; or
825	(e)  Documentation of two semesters of successful teaching
826	in a community college, state university, or private college or
827	university that awards an associate or higher degree and is an
828	accredited institution or an institution of higher education
829	identified by the Department of Education as having a quality
830	program.
831	(4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
832	of demonstrating mastery of subject area knowledge are:
833	(a)  Achievement of passing scores on subject area
834	examinations required by state board rule;
835	(b)  Completion of the subject area specialization
836	requirements specified in state board rule and verification of
837	the attainment of the essential subject matter competencies by
838	the district school superintendent of the employing school
839	district or chief administrative officer of the employing state-
840	supported or private school for a subject area for which a
841	subject area examination has not been developed and required by
842	state board rule;
843	(c)  Completion of the subject area specialization
844	requirements specified in state board rule for a subject
845	coverage requiring a master's or higher degree and achievement
846	of a passing score on the subject area examination specified in
847	state board rule;
848	(d)  A valid professional standard teaching certificate
849	issued by another state; or
850	(e)  A valid certificate issued by the National Board for
851	Professional Teaching Standards or a national educator
852	credentialing board approved by the State Board of Education.
853	(5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
854	COMPETENCE.--Acceptable means of demonstrating mastery of
855	professional preparation and education competence are:
856	(a)  Completion of an approved teacher preparation program
857	at a postsecondary educational institution within this state and
858	achievement of a passing score on the professional education
859	competency examination required by state board rule;
860	(b)  Completion of a teacher preparation program at a
861	postsecondary educational institution outside Florida and
862	achievement of a passing score on the professional education
863	competency examination required by state board rule;
864	(c)  A valid professional standard teaching certificate
865	issued by another state;
866	(d)  A valid certificate issued by the National Board for
867	Professional Teaching Standards or a national educator
868	credentialing board approved by the State Board of Education;
869	(e)  Documentation of two semesters of successful teaching
870	in a community college, state university, or private college or
871	university that awards an associate or higher degree and is an
872	accredited institution or an institution of higher education
873	identified by the Department of Education as having a quality
874	program;
875	(f)  Completion of professional preparation courses as
876	specified in state board rule, successful completion of a
877	professional education competence demonstration program pursuant
878	to paragraph (7)(b), and achievement of a passing score on the
879	professional education competency examination required by state
880	board rule; or
881	(g)  Successful completion of a professional preparation
882	alternative certification and education competency program,
883	outlined in paragraph (7)(a); or
884	(h)  Successful completion of an alternative certification
885	program pursuant to s. 1004.85 and achievement of a passing
886	score on the professional education competency examination
887	required by state board rule.
888	(9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND
889	PERIODICALLY.--
890	(a)  Each person who seeks certification under this chapter
891	must meet the background screening requirements described in s.
892	1012.32 unless state and federal background screening has been
893	conducted by a district school board or the Department of
894	Education within 12 months before the date the person initially
895	obtains certification under this chapter, the results of which
896	are submitted to the district school board or to the Department
897	of Education.
898	(b)  A person may not receive a certificate under this
899	chapter until the background screening has been completed and
900	the results have been submitted to the Department of Education
901	or to the district school superintendent of the school district
902	that employs the person. Every 5 years after obtaining initial
903	certification, each person who is required to be certified under
904	this chapter must meet background screening requirements as
905	described in s. 1012.32 at which time the school district shall
906	request the Department of Law Enforcement to forward the
907	fingerprints to the Federal Bureau of Investigation for the
908	federal background screening. If, for any reason after obtaining
909	initial certification, the fingerprints of a person who is
910	required to be certified under this chapter are not retained by
911	the Department of Law Enforcement under s. 1012.32(3)(a) and
912	(b), the person must file a complete set of fingerprints with
913	the district school superintendent of the employing school
914	district. Upon submission of fingerprints for this purpose, the
915	school district shall request the Department of Law Enforcement
916	to forward the fingerprints to the Federal Bureau of
917	Investigation for federal background screening, and the
918	fingerprints shall be retained by the Department of Law
919	Enforcement under s. 1012.32(3)(a) and (b). The cost of the
920	state and federal criminal history check may be borne by the
921	district school board or the employee. Under penalty of perjury,
922	each person who is certified under this chapter must agree to
923	inform his or her employer within 48 hours if convicted of any
924	disqualifying offense while he or she is employed in a position
925	for which such certification is required.
926	(c)  If it is found under s. 1012.796 that a person who is
927	employed in a position requiring certification under this
928	chapter does not meet the background screening requirements, the
929	person's certification shall be immediately revoked or suspended
930	and he or she shall be immediately suspended from the position
931	requiring certification.
932	Section 12.  Section 1012.561, Florida Statutes, is created
933	to read:
934	1012.561  Address of record.--Each certified educator or
935	applicant for certification is responsible for maintaining his
936	or her current address with the Department of Education and for
937	notifying the department in writing of a change of address. By
938	January 1, 2005, each educator and applicant for certification
939	must have on file with the department a current mailing address.
940	Thereafter, a certified educator or applicant for certification
941	who is employed by a district school board shall notify his or
942	her employing school district in writing within 10 days after a
943	change of address. At a minimum, the employing district school
944	board shall notify the department quarterly of the addresses of
945	certified educators or applicants for certification in the
946	manner prescribed by the department. A certified educator or
947	applicant for certification not employed by a district school
948	board shall personally notify the department in writing within
949	30 days after a change of address. Electronic notification shall
950	be permitted by the department; however, it shall be the
951	responsibility of the certified educator or applicant for
952	certification to ascertain that the electronic notification was
953	received by the department.
954	Section 13.  Section 1012.57, Florida Statutes, is amended
955	to read:
956	1012.57  Certification of adjunct educators.--
957	(1)  Notwithstanding the provisions of ss. 1012.32,
958	1012.55, and 1012.56, or any other provision of law or rule to
959	the contrary, district school boards shall adopt rules to allow
960	for the issuance of an adjunct teaching certificate to any
961	applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
962	and (9) and who has expertise in the subject area to be taught.
963	An applicant shall be considered to have expertise in the
964	subject area to be taught if the applicant demonstrates
965	sufficient subject area mastery through passage of a subject
966	area test. The adjunct teaching certificate shall be used for
967	part-time teaching positions. The intent of this provision is to
968	allow school districts to tap the wealth of talent and expertise
969	represented in Florida's citizens who may wish to teach part-
970	time in a Florida public school by permitting school districts
971	to issue adjunct certificates to qualified applicants. Adjunct
972	certificateholders should be used as a strategy to reduce the
973	teacher shortage; thus, adjunct certificateholders should
974	supplement a school's instructional staff, not supplant it. Each
975	school principal shall assign an experienced peer mentor to
976	assist the adjunct teaching certificateholder during the
977	certificateholder's first year of teaching, and an adjunct
978	certificateholder may participate in a district's new teacher
979	training program. District school boards shall provide the
980	adjunct teaching certificateholder an orientation in classroom
981	management prior to assigning the certificateholder to a school.
982	Each adjunct teaching certificate is valid for 5 school years
983	and is renewable if the applicant has received satisfactory
984	performance evaluations during each year of teaching under
985	adjunct teaching certification.
986	(2)  Individuals who are certified and employed under
987	pursuant to this section shall have the same rights and
988	protection of laws as teachers certified under pursuant to s.
989	1012.56.
990	Section 14.  Paragraph (d) of subsection (3) of section
991	1012.585, Florida Statutes, is amended to read:
992	1012.585  Process for renewal of professional
993	certificates.--
994	(3)  For the renewal of a professional certificate, the
995	following requirements must be met:
996	(d)  The State Board of Education shall adopt rules for the
997	expanded use of training for renewal of the professional
998	certificate for educators who are required to complete training
999	in teaching students of limited English proficiency and training
1000	in the teaching of reading as follows:
1001	1.  A teacher who holds a professional certificate may use
1002	college credits or inservice points completed in English-for-
1003	Speakers-of-Other-Languages training and training in the
1004	teaching of reading in excess of 6 semester hours during one
1005	certificate-validity period toward renewal of the professional
1006	certificate during the subsequent validity periods.
1007	2.  A teacher who holds a temporary certificate may use
1008	college credits or inservice points completed in English-for-
1009	Speakers-of-Other-Languages training and training in the
1010	teaching of reading toward renewal of the teacher's first
1011	professional certificate. Such training must not have been
1012	included within the degree program, and the teacher's temporary
1013	and professional certificates must be issued for consecutive
1014	school years.
1015	Section 15.  Paragraph (g) of subsection (12) of section
1016	1002.33, Florida Statutes, is amended to read:
1017	1002.33  Charter schools.--
1018	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
1019	(g)  A charter school shall employ or contract with
1020	employees who have undergone background screening been
1021	fingerprinted as provided in s. 1012.32. Members of the
1022	governing board of the charter school shall also undergo
1023	background screening be fingerprinted in a manner similar to
1024	that provided in s. 1012.32.
1025	Section 16.  Subsection (2) of section 1012.01, Florida
1026	Statutes, is amended to read:
1027	1012.01  Definitions.--Specific definitions shall be as
1028	follows, and wherever such defined words or terms are used in
1029	the Florida K-20 Education Code, they shall be used as follows:
1030	(2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
1031	means any K-12 staff member whose function includes the
1032	provision of direct instructional services to students.
1033	Instructional personnel also includes K-12 personnel whose
1034	functions provide direct support in the learning process of
1035	students. Included in the classification of instructional
1036	personnel are the following K-12 personnel:
1037	(a)  Classroom teachers.--Classroom teachers are staff
1038	members assigned the professional activity of instructing
1039	students in courses in classroom situations, including basic
1040	instruction, exceptional student education, career and technical
1041	education, and adult education, including substitute teachers.
1042	(b)  Student personnel services.--Student personnel
1043	services include staff members responsible for: advising
1044	students with regard to their abilities and aptitudes,
1045	educational and occupational opportunities, and personal and
1046	social adjustments; providing placement services; performing
1047	educational evaluations; and similar functions. Included in this
1048	classification are guidance counselors, social workers,
1049	occupational/placement specialists, and school psychologists.
1050	(c)  Librarians/media specialists.--Librarians/media
1051	specialists are staff members responsible for providing school
1052	library media services. These employees are responsible for
1053	evaluating, selecting, organizing, and managing media and
1054	technology resources, equipment, and related systems;
1055	facilitating access to information resources beyond the school;
1056	working with teachers to make resources available in the
1057	instructional programs; assisting teachers and students in media
1058	productions; and instructing students in the location and use of
1059	information resources.
1060	(d)  Other instructional staff.--Other instructional staff
1061	are staff members who are part of the instructional staff but
1062	are not classified in one of the categories specified in
1063	paragraphs (a)-(c). Included in this classification are primary
1064	specialists, learning resource specialists, instructional
1065	trainers, adjunct educators certified pursuant to s. 1012.57,
1066	and similar positions.
1067	(e)  Education paraprofessionals.--Education
1068	paraprofessionals are individuals who are under the direct
1069	supervision of an instructional staff member, aiding the
1070	instructional process. Included in this classification are
1071	classroom paraprofessionals in regular instruction, exceptional
1072	education paraprofessionals, career education paraprofessionals,
1073	adult education paraprofessionals, library paraprofessionals,
1074	physical education and playground paraprofessionals, and other
1075	school-level paraprofessionals.
1076	Section 17.  For the purpose of incorporating the amendment
1077	to section 1012.01(2), Florida Statutes, in a reference thereto,
1078	paragraph (b) of subsection (1) of section 112.1915, Florida
1079	Statutes, is reenacted to read:
1080	112.1915  Teachers and school administrators; death
1081	benefits.--Any other provision of law to the contrary
1082	notwithstanding:
1083	(1)  As used in this section, the term:
1084	(b)  "Teacher" means any instructional staff personnel as
1085	described in s. 1012.01(2).
1086	Section 18.  Paragraphs (a) and (b) of subsection (13) of
1087	section 121.091, Florida Statutes, are amended, and, for the
1088	purpose of incorporating the amendment to section 1012.01(2),
1089	Florida Statutes, in a reference thereto, paragraph (b) of
1090	subsection (9) of said section is reenacted, to read:
1091	121.091  Benefits payable under the system.--Benefits may
1092	not be paid under this section unless the member has terminated
1093	employment as provided in s. 121.021(39)(a) or begun
1094	participation in the Deferred Retirement Option Program as
1095	provided in subsection (13), and a proper application has been
1096	filed in the manner prescribed by the department. The department
1097	may cancel an application for retirement benefits when the
1098	member or beneficiary fails to timely provide the information
1099	and documents required by this chapter and the department's
1100	rules. The department shall adopt rules establishing procedures
1101	for application for retirement benefits and for the cancellation
1102	of such application when the required information or documents
1103	are not received.
1104	(9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
1105	(b)1.  Any person who is retired under this chapter, except
1106	under the disability retirement provisions of subsection (4),
1107	may be reemployed by any private or public employer after
1108	retirement and receive retirement benefits and compensation from
1109	his or her employer without any limitations, except that a
1110	person may not receive both a salary from reemployment with any
1111	agency participating in the Florida Retirement System and
1112	retirement benefits under this chapter for a period of 12 months
1113	immediately subsequent to the date of retirement. However, a
1114	DROP participant shall continue employment and receive a salary
1115	during the period of participation in the Deferred Retirement
1116	Option Program, as provided in subsection (13).
1117	2.  Any person to whom the limitation in subparagraph 1.
1118	applies who violates such reemployment limitation and who is
1119	reemployed with any agency participating in the Florida
1120	Retirement System before completion of the 12-month limitation
1121	period shall give timely notice of this fact in writing to the
1122	employer and to the division and shall have his or her
1123	retirement benefits suspended for the balance of the 12-month
1124	limitation period. Any person employed in violation of this
1125	paragraph and any employing agency which knowingly employs or
1126	appoints such person without notifying the Division of
1127	Retirement to suspend retirement benefits shall be jointly and
1128	severally liable for reimbursement to the retirement trust fund
1129	of any benefits paid during the reemployment limitation period.
1130	To avoid liability, such employing agency shall have a written
1131	statement from the retiree that he or she is not retired from a
1132	state-administered retirement system. Any retirement benefits
1133	received while reemployed during this reemployment limitation
1134	period shall be repaid to the retirement trust fund, and
1135	retirement benefits shall remain suspended until such repayment
1136	has been made. Benefits suspended beyond the reemployment
1137	limitation shall apply toward repayment of benefits received in
1138	violation of the reemployment limitation.
1139	3.  A district school board may reemploy a retired member
1140	as a substitute or hourly teacher, education paraprofessional,
1141	transportation assistant, bus driver, or food service worker on
1142	a noncontractual basis after he or she has been retired for 1
1143	calendar month, in accordance with s. 121.021(39). A district
1144	school board may reemploy a retired member as instructional
1145	personnel, as defined in s. 1012.01(2)(a), on an annual
1146	contractual basis after he or she has been retired for 1
1147	calendar month, in accordance with s. 121.021(39). Any other
1148	retired member who is reemployed within 1 calendar month after
1149	retirement shall void his or her application for retirement
1150	benefits. District school boards reemploying such teachers,
1151	education paraprofessionals, transportation assistants, bus
1152	drivers, or food service workers are subject to the retirement
1153	contribution required by subparagraph 7.
1154	4.  A community college board of trustees may reemploy a
1155	retired member as an adjunct instructor, that is, an instructor
1156	who is noncontractual and part-time, or as a participant in a
1157	phased retirement program within the Florida Community College
1158	System, after he or she has been retired for 1 calendar month,
1159	in accordance with s. 121.021(39). Any retired member who is
1160	reemployed within 1 calendar month after retirement shall void
1161	his or her application for retirement benefits. Boards of
1162	trustees reemploying such instructors are subject to the
1163	retirement contribution required in subparagraph 7. A retired
1164	member may be reemployed as an adjunct instructor for no more
1165	than 780 hours during the first 12 months of retirement. Any
1166	retired member reemployed for more than 780 hours during the
1167	first 12 months of retirement shall give timely notice in
1168	writing to the employer and to the division of the date he or
1169	she will exceed the limitation. The division shall suspend his
1170	or her retirement benefits for the remainder of the first 12
1171	months of retirement. Any person employed in violation of this
1172	subparagraph and any employing agency which knowingly employs or
1173	appoints such person without notifying the Division of
1174	Retirement to suspend retirement benefits shall be jointly and
1175	severally liable for reimbursement to the retirement trust fund
1176	of any benefits paid during the reemployment limitation period.
1177	To avoid liability, such employing agency shall have a written
1178	statement from the retiree that he or she is not retired from a
1179	state-administered retirement system. Any retirement benefits
1180	received by a retired member while reemployed in excess of 780
1181	hours during the first 12 months of retirement shall be repaid
1182	to the Retirement System Trust Fund, and retirement benefits
1183	shall remain suspended until repayment is made. Benefits
1184	suspended beyond the end of the retired member's first 12 months
1185	of retirement shall apply toward repayment of benefits received
1186	in violation of the 780-hour reemployment limitation.
1187	5.  The State University System may reemploy a retired
1188	member as an adjunct faculty member or as a participant in a
1189	phased retirement program within the State University System
1190	after the retired member has been retired for 1 calendar month,
1191	in accordance with s. 121.021(39). Any retired member who is
1192	reemployed within 1 calendar month after retirement shall void
1193	his or her application for retirement benefits. The State
1194	University System is subject to the retired contribution
1195	required in subparagraph 7., as appropriate. A retired member
1196	may be reemployed as an adjunct faculty member or a participant
1197	in a phased retirement program for no more than 780 hours during
1198	the first 12 months of his or her retirement. Any retired member
1199	reemployed for more than 780 hours during the first 12 months of
1200	retirement shall give timely notice in writing to the employer
1201	and to the division of the date he or she will exceed the
1202	limitation. The division shall suspend his or her retirement
1203	benefits for the remainder of the first 12 months of retirement.
1204	Any person employed in violation of this subparagraph and any
1205	employing agency which knowingly employs or appoints such person
1206	without notifying the Division of Retirement to suspend
1207	retirement benefits shall be jointly and severally liable for
1208	reimbursement to the retirement trust fund of any benefits paid
1209	during the reemployment limitation period. To avoid liability,
1210	such employing agency shall have a written statement from the
1211	retiree that he or she is not retired from a state-administered
1212	retirement system. Any retirement benefits received by a retired
1213	member while reemployed in excess of 780 hours during the first
1214	12 months of retirement shall be repaid to the Retirement System
1215	Trust Fund, and retirement benefits shall remain suspended until
1216	repayment is made. Benefits suspended beyond the end of the
1217	retired member's first 12 months of retirement shall apply
1218	toward repayment of benefits received in violation of the 780-
1219	hour reemployment limitation.
1220	6.  The Board of Trustees of the Florida School for the
1221	Deaf and the Blind may reemploy a retired member as a substitute
1222	teacher, substitute residential instructor, or substitute nurse
1223	on a noncontractual basis after he or she has been retired for 1
1224	calendar month, in accordance with s. 121.021(39). Any retired
1225	member who is reemployed within 1 calendar month after
1226	retirement shall void his or her application for retirement
1227	benefits. The Board of Trustees of the Florida School for the
1228	Deaf and the Blind reemploying such teachers, residential
1229	instructors, or nurses is subject to the retirement contribution
1230	required by subparagraph 7. Reemployment of a retired member as
1231	a substitute teacher, substitute residential instructor, or
1232	substitute nurse is limited to 780 hours during the first 12
1233	months of his or her retirement. Any retired member reemployed
1234	for more than 780 hours during the first 12 months of retirement
1235	shall give timely notice in writing to the employer and to the
1236	division of the date he or she will exceed the limitation. The
1237	division shall suspend his or her retirement benefits for the
1238	remainder of the first 12 months of retirement. Any person
1239	employed in violation of this subparagraph and any employing
1240	agency which knowingly employs or appoints such person without
1241	notifying the Division of Retirement to suspend retirement
1242	benefits shall be jointly and severally liable for reimbursement
1243	to the retirement trust fund of any benefits paid during the
1244	reemployment limitation period. To avoid liability, such
1245	employing agency shall have a written statement from the retiree
1246	that he or she is not retired from a state-administered
1247	retirement system. Any retirement benefits received by a retired
1248	member while reemployed in excess of 780 hours during the first
1249	12 months of retirement shall be repaid to the Retirement System
1250	Trust Fund, and his or her retirement benefits shall remain
1251	suspended until payment is made. Benefits suspended beyond the
1252	end of the retired member's first 12 months of retirement shall
1253	apply toward repayment of benefits received in violation of the
1254	780-hour reemployment limitation.
1255	7.  The employment by an employer of any retiree or DROP
1256	participant of any state-administered retirement system shall
1257	have no effect on the average final compensation or years of
1258	creditable service of the retiree or DROP participant. Prior to
1259	July 1, 1991, upon employment of any person, other than an
1260	elected officer as provided in s. 121.053, who has been retired
1261	under any state-administered retirement program, the employer
1262	shall pay retirement contributions in an amount equal to the
1263	unfunded actuarial liability portion of the employer
1264	contribution which would be required for regular members of the
1265	Florida Retirement System. Effective July 1, 1991, contributions
1266	shall be made as provided in s. 121.122 for retirees with
1267	renewed membership or subsection (13) with respect to DROP
1268	participants.
1269	8.  Any person who has previously retired and who is
1270	holding an elective public office or an appointment to an
1271	elective public office eligible for the Elected Officers' Class
1272	on or after July 1, 1990, shall be enrolled in the Florida
1273	Retirement System as provided in s. 121.053(1)(b) or, if holding
1274	an elective public office that does not qualify for the Elected
1275	Officers' Class on or after July 1, 1991, shall be enrolled in
1276	the Florida Retirement System as provided in s. 121.122, and
1277	shall continue to receive retirement benefits as well as
1278	compensation for the elected officer's service for as long as he
1279	or she remains in elective office. However, any retired member
1280	who served in an elective office prior to July 1, 1990,
1281	suspended his or her retirement benefit, and had his or her
1282	Florida Retirement System membership reinstated shall, upon
1283	retirement from such office, have his or her retirement benefit
1284	recalculated to include the additional service and compensation
1285	earned.
1286	9.  Any person who is holding an elective public office
1287	which is covered by the Florida Retirement System and who is
1288	concurrently employed in nonelected covered employment may elect
1289	to retire while continuing employment in the elective public
1290	office, provided that he or she shall be required to terminate
1291	his or her nonelected covered employment. Any person who
1292	exercises this election shall receive his or her retirement
1293	benefits in addition to the compensation of the elective office
1294	without regard to the time limitations otherwise provided in
1295	this subsection. No person who seeks to exercise the provisions
1296	of this subparagraph, as the same existed prior to May 3, 1984,
1297	shall be deemed to be retired under those provisions, unless
1298	such person is eligible to retire under the provisions of this
1299	subparagraph, as amended by chapter 84-11, Laws of Florida.
1300	10.  The limitations of this paragraph apply to
1301	reemployment in any capacity with an "employer" as defined in s.
1302	121.021(10), irrespective of the category of funds from which
1303	the person is compensated.
1304	11.  An employing agency may reemploy a retired member as a
1305	firefighter or paramedic after the retired member has been
1306	retired for 1 calendar month, in accordance with s. 121.021(39).
1307	Any retired member who is reemployed within 1 calendar month
1308	after retirement shall void his or her application for
1309	retirement benefits. The employing agency reemploying such
1310	firefighter or paramedic is subject to the retired contribution
1311	required in subparagraph 8. Reemployment of a retired
1312	firefighter or paramedic is limited to no more than 780 hours
1313	during the first 12 months of his or her retirement. Any retired
1314	member reemployed for more than 780 hours during the first 12
1315	months of retirement shall give timely notice in writing to the
1316	employer and to the division of the date he or she will exceed
1317	the limitation. The division shall suspend his or her retirement
1318	benefits for the remainder of the first 12 months of retirement.
1319	Any person employed in violation of this subparagraph and any
1320	employing agency which knowingly employs or appoints such person
1321	without notifying the Division of Retirement to suspend
1322	retirement benefits shall be jointly and severally liable for
1323	reimbursement to the Retirement System Trust Fund of any
1324	benefits paid during the reemployment limitation period. To
1325	avoid liability, such employing agency shall have a written
1326	statement from the retiree that he or she is not retired from a
1327	state-administered retirement system. Any retirement benefits
1328	received by a retired member while reemployed in excess of 780
1329	hours during the first 12 months of retirement shall be repaid
1330	to the Retirement System Trust Fund, and retirement benefits
1331	shall remain suspended until repayment is made. Benefits
1332	suspended beyond the end of the retired member's first 12 months
1333	of retirement shall apply toward repayment of benefits received
1334	in violation of the 780-hour reemployment limitation.
1335	(13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
1336	subject to the provisions of this section, the Deferred
1337	Retirement Option Program, hereinafter referred to as the DROP,
1338	is a program under which an eligible member of the Florida
1339	Retirement System may elect to participate, deferring receipt of
1340	retirement benefits while continuing employment with his or her
1341	Florida Retirement System employer. The deferred monthly
1342	benefits shall accrue in the System Trust Fund on behalf of the
1343	participant, plus interest compounded monthly, for the specified
1344	period of the DROP participation, as provided in paragraph (c).
1345	Upon termination of employment, the participant shall receive
1346	the total DROP benefits and begin to receive the previously
1347	determined normal retirement benefits. Participation in the DROP
1348	does not guarantee employment for the specified period of DROP.
1349	Participation in the DROP by an eligible member beyond the
1350	initial 60-month period as authorized in this subsection shall
1351	be on an annual contractual basis for all participants.
1352	(a)  Eligibility of member to participate in the DROP.--All
1353	active Florida Retirement System members in a regularly
1354	established position, and all active members of either the
1355	Teachers' Retirement System established in chapter 238 or the
1356	State and County Officers' and Employees' Retirement System
1357	established in chapter 122 which systems are consolidated within
1358	the Florida Retirement System under s. 121.011, are eligible to
1359	elect participation in the DROP provided that:
1360	1.  The member is not a renewed member of the Florida
1361	Retirement System under s. 121.122, or a member of the State
1362	Community College System Optional Retirement Program under s.
1363	121.051, the Senior Management Service Optional Annuity Program
1364	under s. 121.055, or the optional retirement program for the
1365	State University System under s. 121.35.
1366	2.  Except as provided in subparagraph 6., election to
1367	participate is made within 12 months immediately following the
1368	date on which the member first reaches normal retirement date,
1369	or, for a member who reaches normal retirement date based on
1370	service before he or she reaches age 62, or age 55 for Special
1371	Risk Class members, election to participate may be deferred to
1372	the 12 months immediately following the date the member attains
1373	57, or age 52 for Special Risk Class members. For a member who
1374	first reached normal retirement date or the deferred eligibility
1375	date described above prior to the effective date of this
1376	section, election to participate shall be made within 12 months
1377	after the effective date of this section. A member who fails to
1378	make an election within such 12-month limitation period shall
1379	forfeit all rights to participate in the DROP. The member shall
1380	advise his or her employer and the division in writing of the
1381	date on which the DROP shall begin. Such beginning date may be
1382	subsequent to the 12-month election period, but must be within
1383	the 60-month or, with respect to members who are instructional
1384	personnel employed by the Florida School for the Deaf and the
1385	Blind and who have received authorization by the Board of
1386	Trustees of the Florida School for the Deaf and the Blind to
1387	participate in the DROP beyond 60 months, or who are
1388	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1389	grades K-12 and who have received authorization by the district
1390	school superintendent or, effective June 1, 2004, by the
1391	director or principal of a developmental research school as
1392	described in s. 1002.32 to participate in the DROP beyond 60
1393	months, the 96-month limitation period as provided in
1394	subparagraph (b)1. When establishing eligibility of the member
1395	to participate in the DROP for the 60-month or, with respect to
1396	members who are instructional personnel employed by the Florida
1397	School for the Deaf and the Blind and who have received
1398	authorization by the Board of Trustees of the Florida School for
1399	the Deaf and the Blind to participate in the DROP beyond 60
1400	months, or who are instructional personnel as defined in s.
1401	1012.01(2)(a)-(d) in grades K-12 and who have received
1402	authorization by the district school superintendent or,
1403	effective June 1, 2004, by the director or principal of a
1404	developmental research school as described in s. 1002.32 to
1405	participate in the DROP beyond 60 months, the 96-month maximum
1406	participation period, the member may elect to include or exclude
1407	any optional service credit purchased by the member from the
1408	total service used to establish the normal retirement date. A
1409	member with dual normal retirement dates shall be eligible to
1410	elect to participate in DROP within 12 months after attaining
1411	normal retirement date in either class.
1412	3.  The employer of a member electing to participate in the
1413	DROP, or employers if dually employed, shall acknowledge in
1414	writing to the division the date the member's participation in
1415	the DROP begins and the date the member's employment and DROP
1416	participation will terminate.
1417	4.  Simultaneous employment of a participant by additional
1418	Florida Retirement System employers subsequent to the
1419	commencement of participation in the DROP shall be permissible
1420	provided such employers acknowledge in writing a DROP
1421	termination date no later than the participant's existing
1422	termination date or the 60-month limitation period as provided
1423	in subparagraph (b)1.
1424	5.  A DROP participant may change employers while
1425	participating in the DROP, subject to the following:
1426	a.  A change of employment must take place without a break
1427	in service so that the member receives salary for each month of
1428	continuous DROP participation. If a member receives no salary
1429	during a month, DROP participation shall cease unless the
1430	employer verifies a continuation of the employment relationship
1431	for such participant pursuant to s. 121.021(39)(b).
1432	b.  Such participant and new employer shall notify the
1433	division on forms required by the division as to the identity of
1434	the new employer.
1435	c.  The new employer shall acknowledge, in writing, the
1436	participant's DROP termination date, which may be extended but
1437	not beyond the original 60-month or, with respect to members who
1438	are instructional personnel employed by the Florida School for
1439	the Deaf and the Blind and who have received authorization by
1440	the Board of Trustees of the Florida School for the Deaf and the
1441	Blind to participate in the DROP beyond 60 months, or who are
1442	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1443	grades K-12 and who have received authorization by the district
1444	school superintendent or, effective June 1, 2004, by the
1445	director or principal of a developmental research school as
1446	described in s. 1002.32 to participate in the DROP beyond 60
1447	months, the 96-month period provided in subparagraph (b)1.,
1448	shall acknowledge liability for any additional retirement
1449	contributions and interest required if the participant fails to
1450	timely terminate employment, and shall be subject to the
1451	adjustment required in sub-subparagraph (c)5.d.
1452	6.  Effective July 1, 2001, for instructional personnel as
1453	defined in s. 1012.01(2), election to participate in the DROP
1454	shall be made at any time following the date on which the member
1455	first reaches normal retirement date. The member shall advise
1456	his or her employer and the division in writing of the date on
1457	which the Deferred Retirement Option Program shall begin. When
1458	establishing eligibility of the member to participate in the
1459	DROP for the 60-month or, with respect to members who are
1460	instructional personnel employed by the Florida School for the
1461	Deaf and the Blind and who have received authorization by the
1462	Board of Trustees of the Florida School for the Deaf and the
1463	Blind to participate in the DROP beyond 60 months, or who are
1464	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1465	grades K-12 and who have received authorization by the district
1466	school superintendent or, effective June 1, 2004, by the
1467	director or principal of a developmental research school as
1468	described in s. 1002.32 to participate in the DROP beyond 60
1469	months, the 96-month maximum participation period, as provided
1470	in subparagraph (b)1., the member may elect to include or
1471	exclude any optional service credit purchased by the member from
1472	the total service used to establish the normal retirement date.
1473	A member with dual normal retirement dates shall be eligible to
1474	elect to participate in either class.
1475	(b)  Participation in the DROP.--
1476	1.  An eligible member may elect to participate in the DROP
1477	for a period not to exceed a maximum of 60 calendar months or,
1478	with respect to members who are instructional personnel employed
1479	by the Florida School for the Deaf and the Blind and who have
1480	received authorization by the Board of Trustees of the Florida
1481	School for the Deaf and the Blind to participate in the DROP
1482	beyond 60 months, or who are instructional personnel as defined
1483	in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
1484	authorization by the district school superintendent or,
1485	effective June 1, 2004, by the director or principal of a
1486	developmental research school as described in s. 1002.32 to
1487	participate in the DROP beyond 60 calendar months, 96 calendar
1488	months immediately following the date on which the member first
1489	reaches his or her normal retirement date or the date to which
1490	he or she is eligible to defer his or her election to
1491	participate as provided in subparagraph (a)2. However, a member
1492	who has reached normal retirement date prior to the effective
1493	date of the DROP shall be eligible to participate in the DROP
1494	for a period of time not to exceed 60 calendar months or, with
1495	respect to members who are instructional personnel employed by
1496	the Florida School for the Deaf and the Blind and who have
1497	received authorization by the Board of Trustees of the Florida
1498	School for the Deaf and the Blind to participate in the DROP
1499	beyond 60 months, or who are instructional personnel as defined
1500	in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
1501	authorization by the district school superintendent or,
1502	effective June 1, 2004, by the director or principal of a
1503	developmental research school as described in s. 1002.32 to
1504	participate in the DROP beyond 60 calendar months, 96 calendar
1505	months immediately following the effective date of the DROP,
1506	except a member of the Special Risk Class who has reached normal
1507	retirement date prior to the effective date of the DROP and
1508	whose total accrued value exceeds 75 percent of average final
1509	compensation as of his or her effective date of retirement shall
1510	be eligible to participate in the DROP for no more than 36
1511	calendar months immediately following the effective date of the
1512	DROP.
1513	2.  Upon deciding to participate in the DROP, the member
1514	shall submit, on forms required by the division:
1515	a.  A written election to participate in the DROP;
1516	b.  Selection of the DROP participation and termination
1517	dates, which satisfy the limitations stated in paragraph (a) and
1518	subparagraph 1. Such termination date shall be in a binding
1519	letter of resignation with the employer, establishing a deferred
1520	termination date. The member may change the termination date
1521	within the limitations of subparagraph 1., but only with the
1522	written approval of his or her employer;
1523	c.  A properly completed DROP application for service
1524	retirement as provided in this section; and
1525	d.  Any other information required by the division.
1526	3.  The DROP participant shall be a retiree under the
1527	Florida Retirement System for all purposes, except for paragraph
1528	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
1529	and 121.122. However, participation in the DROP does not alter
1530	the participant's employment status and such employee shall not
1531	be deemed retired from employment until his or her deferred
1532	resignation is effective and termination occurs as provided in
1533	s. 121.021(39).
1534	4.  Elected officers shall be eligible to participate in
1535	the DROP subject to the following:
1536	a.  An elected officer who reaches normal retirement date
1537	during a term of office may defer the election to participate in
1538	the DROP until the next succeeding term in that office. Such
1539	elected officer who exercises this option may participate in the
1540	DROP for up to 60 calendar months or a period of no longer than
1541	such succeeding term of office, whichever is less.
1542	b.  An elected or a nonelected participant may run for a
1543	term of office while participating in DROP and, if elected,
1544	extend the DROP termination date accordingly, except, however,
1545	if such additional term of office exceeds the 60-month
1546	limitation established in subparagraph 1., and the officer does
1547	not resign from office within such 60-month limitation, the
1548	retirement and the participant's DROP shall be null and void as
1549	provided in sub-subparagraph (c)5.d.
1550	c.  An elected officer who is dually employed and elects to
1551	participate in DROP shall be required to satisfy the definition
1552	of termination within the 60-month or, with respect to members
1553	who are instructional personnel employed by the Florida School
1554	for the Deaf and the Blind and who have received authorization
1555	by the Board of Trustees of the Florida School for the Deaf and
1556	the Blind to participate in the DROP beyond 60 months, or who
1557	are instructional personnel as defined in s. 1012.01(2)(a)-(d)
1558	in grades K-12 and who have received authorization by the
1559	district school superintendent or, effective June 1, 2004, by
1560	the director or principal of a developmental research school as
1561	described in s. 1002.32 to participate in the DROP beyond 60
1562	months, the 96-month limitation period as provided in
1563	subparagraph 1. for the nonelected position and may continue
1564	employment as an elected officer as provided in s. 121.053. The
1565	elected officer will be enrolled as a renewed member in the
1566	Elected Officers' Class or the Regular Class, as provided in ss.
1567	121.053 and 121.22, on the first day of the month after
1568	termination of employment in the nonelected position and
1569	termination of DROP. Distribution of the DROP benefits shall be
1570	made as provided in paragraph (c).
1571	Section 19.  For the purpose of incorporating the amendment
1572	to section 1012.01(2), Florida Statutes, in a reference thereto,
1573	paragraph (b) of subsection (2) of section 1011.685, Florida
1574	Statutes, is reenacted to read:
1575	1011.685  Class size reduction; operating categorical
1576	fund.--
1577	(2)  Class size reduction operating categorical funds shall
1578	be used by school districts for the following:
1579	(b)  For any lawful operating expenditure, if the district
1580	has met the constitutional maximums identified in s. 1003.03(1)
1581	or the reduction of two students per year required by s.
1582	1003.03(2); however, priority shall be given to increase
1583	salaries of classroom teachers as defined in s. 1012.01(2)(a)
1584	and to implement the salary career ladder defined in s.
1585	1012.231.
1586	Section 20.  For the purpose of incorporating the amendment
1587	to section 1012.01(2), Florida Statutes, in references thereto,
1588	paragraphs (a) and (b) of subsection (2) of section 1012.74,
1589	Florida Statutes, are reenacted to read:
1590	1012.74  Florida educators professional liability insurance
1591	protection.--
1592	(2)(a)  Educator professional liability coverage for all
1593	instructional personnel, as defined by s. 1012.01(2), who are
1594	full-time personnel, as defined by the district school board
1595	policy, shall be provided by specific appropriations under the
1596	General Appropriations Act.
1597	(b)  Educator professional liability coverage shall be
1598	extended at cost to all instructional personnel, as defined by
1599	s. 1012.01(2), who are part-time personnel, as defined by the
1600	district school board policy, and choose to participate in the
1601	state-provided program.
1602	Section 21.  This act shall take effect upon becoming a
1603	law.

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