| 1 | A bill to be entitled | 
| 2 | An act relating to education funding; amending s. 24.121, | 
| 3 | F.S.; requiring school districts to establish certain | 
| 4 | policies and procedures relating to lottery fund | 
| 5 | enhancements; amending s. 1002.32, F.S.; prohibiting use | 
| 6 | of funds for lab schools for certain overhead or indirect | 
| 7 | costs; amending s. 1008.22, F.S.; authorizing outsourcing | 
| 8 | of statewide assessment program activities; allowing for | 
| 9 | contracts extending into two fiscal years; amending s. | 
| 10 | 1009.23, F.S.; requiring identical fees for all community | 
| 11 | college students taking a specific course; amending s. | 
| 12 | 1009.26, F.S.; specifying the maximum fee waiver | 
| 13 | percentage for school districts and community colleges; | 
| 14 | amending s. 1011.57, F.S.; prohibiting out-of-state fee | 
| 15 | waivers by the Florida School for the Deaf and the Blind; | 
| 16 | amending s. 1011.62, F.S.; revising eligibility | 
| 17 | requirement for use of the small, isolated high school | 
| 18 | multiplier; creating s. 1011.63, F.S.; prohibiting | 
| 19 | reporting for state funding for purposes of the Florida | 
| 20 | Education Finance Program of courses or programs fully | 
| 21 | funded externally; amending s. 1011.66, F.S.; setting | 
| 22 | forth the method and timing of distributing Florida | 
| 23 | Education Finance Program funds; amending s. 1011.67, | 
| 24 | F.S.; setting forth the method and timing of distributing | 
| 25 | funds for instructional materials; amending s. 1011.765, | 
| 26 | F.S.; modifying the Florida Academic Improvement Trust | 
| 27 | Fund matching grant program to serve low-performing | 
| 28 | students; providing for matching grants to public school | 
| 29 | district education foundations; amending s. 1011.80, F.S.; | 
| 30 | prohibiting reporting for state funding of courses or | 
| 31 | programs fully funded externally; amending s. 1011.84, | 
| 32 | F.S.; providing reporting requirements with respect to | 
| 33 | inmate education provided by community colleges; directing | 
| 34 | that inmates not be included in FTE student enrollment for | 
| 35 | funding through the Community College Program Fund; | 
| 36 | prohibiting reporting for state funding of courses or | 
| 37 | programs fully funded externally; amending s. 1012.05, | 
| 38 | F.S.; authorizing the Department of Education to collect | 
| 39 | registration and booth fees for a job fair; authorizing | 
| 40 | certain uses for such funds; amending s. 1012.72, F.S.; | 
| 41 | authorizing the use of Dale Hickam Excellent Teaching | 
| 42 | Program funds for certain purposes; providing an effective | 
| 43 | date. | 
| 44 | 
 | 
| 45 | Be It Enacted by the Legislature of the State of Florida: | 
| 46 | 
 | 
| 47 | Section 1.  Paragraphs (a) and (c) of subsection (5) of | 
| 48 | section 24.121, Florida Statutes, are amended to read: | 
| 49 | 24.121  Allocation of revenues and expenditure of funds for | 
| 50 | public education.-- | 
| 51 | (5)(a)  Public educational programs and purposes funded by | 
| 52 | the Educational Enhancement Trust Fund may include, but are not | 
| 53 | limited to, endowment, scholarship, matching funds, direct | 
| 54 | grants, research and economic development related to education, | 
| 55 | salary enhancement, contracts with independent institutions to | 
| 56 | conduct programs consistent with the state master plan for | 
| 57 | postsecondary education, or any other educational program or | 
| 58 | purpose deemed desirable by the Legislature. Prior to the | 
| 59 | expenditure of these funds, each school district shall establish | 
| 60 | policies and procedures that define enhancement and the types of | 
| 61 | expenditures consistent with that definition. | 
| 62 | (c)  A portion of such net revenues, as determined annually | 
| 63 | by the Legislature, shall be distributed to each school district | 
| 64 | and shall be made available to each public school in the | 
| 65 | district for enhancing school performance through development | 
| 66 | and implementation of a school improvement plan pursuant to s. | 
| 67 | 1001.42(16). A portion of these moneys, as determined annually | 
| 68 | in the General Appropriations Act, must be allocated to each | 
| 69 | school in an equal amount for each student enrolled. These | 
| 70 | moneys may be expended only on programs or projects selected by | 
| 71 | the school advisory council or by a parent advisory committee | 
| 72 | created pursuant to this paragraph. If a school does not have a | 
| 73 | school advisory council, the district advisory council must | 
| 74 | appoint a parent advisory committee composed of parents of | 
| 75 | students enrolled in that school, which committee is | 
| 76 | representative of the ethnic, racial, and economic community | 
| 77 | served by the school, to advise the school's principal on the | 
| 78 | programs or projects to be funded. Neither school district staff | 
| 79 | nor principals A principalmaynotoverride the recommendations | 
| 80 | of the school advisory council or the parent advisory committee. | 
| 81 | These moneys may not be used for capital improvements, nor may | 
| 82 | they be used for any project or program that has a duration of | 
| 83 | more than 1 year; however, a school advisory council or parent | 
| 84 | advisory committee may independently determine that a program or | 
| 85 | project formerly funded under this paragraph should receive | 
| 86 | funds in a subsequent year. | 
| 87 | Section 2.  Paragraph (c) of subsection (9) of section | 
| 88 | 1002.32, Florida Statutes, is amended to read: | 
| 89 | 1002.32  Developmental research (laboratory) schools.-- | 
| 90 | (9)  FUNDING.--Funding for a lab school, including a | 
| 91 | charter lab school, shall be provided as follows: | 
| 92 | (c)  All operating funds provided under this section shall | 
| 93 | be deposited in a Lab School Trust Fund and shall be expended | 
| 94 | for the purposes of this section. The university assigned a lab | 
| 95 | school shall be the fiscal agent for these funds, and all rules | 
| 96 | of the university governing the budgeting and expenditure of | 
| 97 | state funds shall apply to these funds unless otherwise provided | 
| 98 | by law or rule of the State Board of Education. The university | 
| 99 | board of trustees shall be the public employer of lab school | 
| 100 | personnel for collective bargaining purposes for lab schools in | 
| 101 | operation prior to the 2002-2003 fiscal year. Employees of | 
| 102 | charter lab schools authorized prior to June 1, 2003, but not in | 
| 103 | operation prior to the 2002-2003 fiscal year shall be employees | 
| 104 | of the entity holding the charter and must comply with the | 
| 105 | provisions of s. 1002.33(12). None of the funds appropriated for | 
| 106 | lab schools shall be used to pay overhead or indirect costs | 
| 107 | described in s. 216.346. | 
| 108 | Section 3.  Subsection (3) of section 1008.22, Florida | 
| 109 | Statutes, is amended to read: | 
| 110 | 1008.22  Student assessment program for public schools.-- | 
| 111 | (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall | 
| 112 | design and implement a statewide program of educational | 
| 113 | assessment that provides information for the improvement of the | 
| 114 | operation and management of the public schools, including | 
| 115 | schools operating for the purpose of providing educational | 
| 116 | services to youth in Department of Juvenile Justice programs. | 
| 117 | The commissioner may enter into contracts for the continued | 
| 118 | administration of the assessment, testing, and evaluation | 
| 119 | programs. Contracts may be initiated in one fiscal year and | 
| 120 | continue into the next and may be paid from the appropriations | 
| 121 | of either or both fiscal years. The commissioner is authorized | 
| 122 | to negotiate for the sale or lease of tests, scoring protocols, | 
| 123 | test scoring services, and related materials. Pursuant to the | 
| 124 | statewide assessment program, the commissioner shall: | 
| 125 | (a)  Submit to the State Board of Education a list that | 
| 126 | specifies student skills and competencies to which the goals for | 
| 127 | education specified in the state plan apply, including, but not | 
| 128 | limited to, reading, writing, science, and mathematics. The | 
| 129 | skills and competencies must include problem-solving and higher- | 
| 130 | order skills as appropriate and shall be known as the Sunshine | 
| 131 | State Standards as defined in s. 1000.21. The commissioner shall | 
| 132 | select such skills and competencies after receiving | 
| 133 | recommendations from educators, citizens, and members of the | 
| 134 | business community. The commissioner shall submit to the State | 
| 135 | Board of Education revisions to the list of student skills and | 
| 136 | competencies in order to maintain continuous progress toward | 
| 137 | improvements in student proficiency. | 
| 138 | (b)  Develop and implement a uniform system of indicators | 
| 139 | to describe the performance of public school students and the | 
| 140 | characteristics of the public school districts and the public | 
| 141 | schools. These indicators must include, without limitation, | 
| 142 | information gathered by the comprehensive management information | 
| 143 | system created pursuant to s. 1008.385 and student achievement | 
| 144 | information obtained pursuant to this section. | 
| 145 | (c)  Develop and implement a student achievement testing | 
| 146 | program known as the Florida Comprehensive Assessment Test | 
| 147 | (FCAT) as part of the statewide assessment program, to be | 
| 148 | administered annually in grades 3 through 10 to measure reading, | 
| 149 | writing, science, and mathematics. Other content areas may be | 
| 150 | included as directed by the commissioner. The testing program | 
| 151 | must be designed so that: | 
| 152 | 1.  The tests measure student skills and competencies | 
| 153 | adopted by the State Board of Education as specified in | 
| 154 | paragraph (a). The tests must measure and report student | 
| 155 | proficiency levels in reading, writing, mathematics, and | 
| 156 | science. The commissioner shall provide for the tests to be | 
| 157 | developed or obtained, as appropriate, through contracts and | 
| 158 | project agreements with private vendors, public vendors, public | 
| 159 | agencies, postsecondary educational institutions, or school | 
| 160 | districts. The commissioner shall obtain input with respect to | 
| 161 | the design and implementation of the testing program from state | 
| 162 | educators and the public. | 
| 163 | 2.  The testing program will include a combination of norm- | 
| 164 | referenced and criterion-referenced tests and include, to the | 
| 165 | extent determined by the commissioner, questions that require | 
| 166 | the student to produce information or perform tasks in such a | 
| 167 | way that the skills and competencies he or she uses can be | 
| 168 | measured. | 
| 169 | 3.  Each testing program, whether at the elementary, | 
| 170 | middle, or high school level, includes a test of writing in | 
| 171 | which students are required to produce writings that are then | 
| 172 | scored by appropriate methods. | 
| 173 | 4.  A score is designated for each subject area tested, | 
| 174 | below which score a student's performance is deemed inadequate. | 
| 175 | The school districts shall provide appropriate remedial | 
| 176 | instruction to students who score below these levels. | 
| 177 | 5.  Except as provided in s. 1003.43(11)(b), students must | 
| 178 | earn a passing score on the grade 10 assessment test described | 
| 179 | in this paragraph or on an alternate assessment as described in | 
| 180 | subsection (9) in reading, writing, and mathematics to qualify | 
| 181 | for a regular high school diploma. The State Board of Education | 
| 182 | shall designate a passing score for each part of the grade 10 | 
| 183 | assessment test. In establishing passing scores, the state board | 
| 184 | shall consider any possible negative impact of the test on | 
| 185 | minority students. All students who took the grade 10 FCAT | 
| 186 | during the 2000-2001 school year shall be required to earn the | 
| 187 | passing scores in reading and mathematics established by the | 
| 188 | State Board of Education for the March 2001 test administration. | 
| 189 | Such students who did not earn the established passing scores | 
| 190 | and must repeat the grade 10 FCAT are required to earn the | 
| 191 | passing scores established for the March 2001 test | 
| 192 | administration. All students who take the grade 10 FCAT for the | 
| 193 | first time in March 2002 and thereafter shall be required to | 
| 194 | earn the passing scores in reading and mathematics established | 
| 195 | by the State Board of Education for the March 2002 test | 
| 196 | administration. The State Board of Education shall adopt rules | 
| 197 | which specify the passing scores for the grade 10 FCAT. Any such | 
| 198 | rules, which have the effect of raising the required passing | 
| 199 | scores, shall only apply to students taking the grade 10 FCAT | 
| 200 | after such rules are adopted by the State Board of Education. | 
| 201 | 6.  Participation in the testing program is mandatory for | 
| 202 | all students attending public school, including students served | 
| 203 | in Department of Juvenile Justice programs, except as otherwise | 
| 204 | prescribed by the commissioner. If a student does not | 
| 205 | participate in the statewide assessment, the district must | 
| 206 | notify the student's parent and provide the parent with | 
| 207 | information regarding the implications of such nonparticipation. | 
| 208 | If modifications are made in the student's instruction to | 
| 209 | provide accommodations that would not be permitted on the | 
| 210 | statewide assessment tests, the district must notify the | 
| 211 | student's parent of the implications of such instructional | 
| 212 | modifications. A parent must provide signed consent for a | 
| 213 | student to receive instructional modifications that would not be | 
| 214 | permitted on the statewide assessments and must acknowledge in | 
| 215 | writing that he or she understands the implications of such | 
| 216 | accommodations. The State Board of Education shall adopt rules, | 
| 217 | based upon recommendations of the commissioner, for the | 
| 218 | provision of test accommodations and modifications of procedures | 
| 219 | as necessary for students in exceptional education programs and | 
| 220 | for students who have limited English proficiency. | 
| 221 | Accommodations that negate the validity of a statewide | 
| 222 | assessment are not allowable. | 
| 223 | 7.  A student seeking an adult high school diploma must | 
| 224 | meet the same testing requirements that a regular high school | 
| 225 | student must meet. | 
| 226 | 8.  District school boards must provide instruction to | 
| 227 | prepare students to demonstrate proficiency in the skills and | 
| 228 | competencies necessary for successful grade-to-grade progression | 
| 229 | and high school graduation. If a student is provided with | 
| 230 | accommodations or modifications that are not allowable in the | 
| 231 | statewide assessment program, as described in the test manuals, | 
| 232 | the district must inform the parent in writing and must provide | 
| 233 | the parent with information regarding the impact on the | 
| 234 | student's ability to meet expected proficiency levels in | 
| 235 | reading, writing, and math. The commissioner shall conduct | 
| 236 | studies as necessary to verify that the required skills and | 
| 237 | competencies are part of the district instructional programs. | 
| 238 | 9.  The Department of Education must develop, or select, | 
| 239 | and implement a common battery of assessment tools that will be | 
| 240 | used in all juvenile justice programs in the state. These tools | 
| 241 | must accurately measure the skills and competencies established | 
| 242 | in the Florida Sunshine State Standards. | 
| 243 | 
 | 
| 244 | The commissioner may design and implement student testing | 
| 245 | programs, for any grade level and subject area, necessary to | 
| 246 | effectively monitor educational achievement in the state. | 
| 247 | (d)  Conduct ongoing research to develop improved methods | 
| 248 | of assessing student performance, including, without limitation, | 
| 249 | the use of technology to administer tests, score, or report the | 
| 250 | results of, the use of electronic transfer of data, the | 
| 251 | development of work-product assessments, and the development of | 
| 252 | process assessments. | 
| 253 | (e)  Conduct ongoing research and analysis of student | 
| 254 | achievement data, including, without limitation, monitoring | 
| 255 | trends in student achievement, identifying school programs that | 
| 256 | are successful, and analyzing correlates of school achievement. | 
| 257 | (f)  Provide technical assistance to school districts in | 
| 258 | the implementation of state and district testing programs and | 
| 259 | the use of the data produced pursuant to such programs. | 
| 260 | Section 4.  Subsection (2) of section 1009.23, Florida | 
| 261 | Statutes, is amended to read: | 
| 262 | 1009.23  Community college student fees.-- | 
| 263 | (2)  All students shall be charged fees except students who | 
| 264 | are exempt from fees or students whose fees are waived. | 
| 265 | Identical fees shall be required for all community college | 
| 266 | students who take a specific course, regardless of the program | 
| 267 | in which they are enrolled. | 
| 268 | Section 5.  Subsection (1) of section 1009.26, Florida | 
| 269 | Statutes, is amended to read: | 
| 270 | 1009.26  Fee waivers.-- | 
| 271 | (1)  School districts and community colleges may waive fees | 
| 272 | for any fee-nonexempt student. The total value of fee waivers | 
| 273 | granted by the school district or community college may not | 
| 274 | exceed 8 percent of the fee revenues that would otherwise be | 
| 275 | collected the amount established annually in the General | 
| 276 | Appropriations Act. Any student whose fees are waived in excess | 
| 277 | of the authorized amount may not be reported for state funding | 
| 278 | purposes. Any school district or community college that waives | 
| 279 | fees and requests state funding for a student in violation of | 
| 280 | the provisions of this section shall be penalized at a rate | 
| 281 | equal to 2 times the value of the full-time student enrollment | 
| 282 | reported. | 
| 283 | Section 6.  Subsection (5) is added to section 1011.57, | 
| 284 | Florida Statutes, to read: | 
| 285 | 1011.57  Florida School for the Deaf and the Blind; board | 
| 286 | of trustees; management flexibility.-- | 
| 287 | (5)  The board of trustees and administration of the | 
| 288 | Florida School for the Deaf and the Blind shall not authorize | 
| 289 | fee waivers for out-of-state students. | 
| 290 | Section 7.  Paragraph (h) of subsection (1) of section | 
| 291 | 1011.62, Florida Statutes, is amended to read: | 
| 292 | 1011.62  Funds for operation of schools.--If the annual | 
| 293 | allocation from the Florida Education Finance Program to each | 
| 294 | district for operation of schools is not determined in the | 
| 295 | annual appropriations act or the substantive bill implementing | 
| 296 | the annual appropriations act, it shall be determined as | 
| 297 | follows: | 
| 298 | (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR | 
| 299 | OPERATION.--The following procedure shall be followed in | 
| 300 | determining the annual allocation to each district for | 
| 301 | operation: | 
| 302 | (h)  Small, isolated high schools.--Districts which levy | 
| 303 | the maximum nonvoted discretionary millage, exclusive of millage | 
| 304 | for capital outlay purposes levied pursuant to s. 1011.71(2), | 
| 305 | may calculate full-time equivalent students for small, isolated | 
| 306 | high schools by multiplying the number of unweighted full-time | 
| 307 | equivalent students times 2.75; provided the school attained a | 
| 308 | state accountability performance grade of "C" or better for the | 
| 309 | previous school year percentage of students at such school | 
| 310 | passing both parts of the high school competency test, as | 
| 311 | defined by law and rule, has been equal to or higher than such | 
| 312 | percentage for the state or district, whichever is greater. For | 
| 313 | the purpose of this section, the term "small, isolated high | 
| 314 | school" means any high school which is located no less than 28 | 
| 315 | miles by the shortest route from another high school; which has | 
| 316 | been serving students primarily in basic studies provided by | 
| 317 | sub-subparagraphs (c)1.b. and c. and may include subparagraph | 
| 318 | (c)4.; and which has a membership of no more than 100 students, | 
| 319 | but no fewer than 28 students, in grades 9 through 12. | 
| 320 | Section 8.  Section 1011.63, Florida Statutes, is created | 
| 321 | to read: | 
| 322 | 1011.63  Reporting for state funding; prohibition.--When a | 
| 323 | public educational institution has been fully funded by an | 
| 324 | external agency for direct instructional costs of any course or | 
| 325 | program, the FTE generated shall not be reported for state | 
| 326 | funding for purposes of the Florida Education Finance Program. | 
| 327 | Section 9.  Section 1011.66, Florida Statutes, is amended | 
| 328 | to read: | 
| 329 | 1011.66  Distribution of FEFP funds in first quarter.--The | 
| 330 | distribution of FEFP funds shall be made in equal payments on or | 
| 331 | about the 10th and 26th of each month. Upon the request of any | 
| 332 | school district whose net state FEFP funding is less than 60 | 
| 333 | percent of its gross state and local FEFP funding, the | 
| 334 | Department of Education shall distribute to that school district | 
| 335 | in the first quarter of the fiscal year an amount from the funds | 
| 336 | appropriated for the FEFP in the General Appropriations Act up | 
| 337 | to a maximum of 15 percent of that school district's gross state | 
| 338 | and local FEFP funding or that school district's net state FEFP | 
| 339 | funding, whichever is less. | 
| 340 | Section 10.  Section 1011.67, Florida Statutes, is amended | 
| 341 | to read: | 
| 342 | 1011.67  Funds for instructional materials.--The department | 
| 343 | is authorized to allocate and distribute to each district an | 
| 344 | amount as prescribed annually by the Legislature for | 
| 345 | instructional materials for student membership in basic and | 
| 346 | special programs in grades K-12, which will provide for growth | 
| 347 | and maintenance needs. For purposes of this section, unweighted | 
| 348 | full-time equivalent students enrolled in the lab schools in | 
| 349 | state universities are to be included as school district | 
| 350 | students and reported as such to the department. These funds | 
| 351 | shall be distributed to school districts as follows: 50 percent | 
| 352 | on or about July 10; 35 percent on or about October 10; 10 | 
| 353 | percent on or about January 10; and 5 percent on or about June | 
| 354 | 10. School districts shall pay for instructional materials used | 
| 355 | for the instruction of public high school students who are | 
| 356 | earning credit toward high school graduation under the dual | 
| 357 | enrollment program as provided in s. 1011.62(1)(i). The annual | 
| 358 | allocation shall be determined as follows: | 
| 359 | (1)  The growth allocation for each school district shall | 
| 360 | be calculated as follows: | 
| 361 | (a)  Subtract from that district's projected full-time | 
| 362 | equivalent membership of students in basic and special programs | 
| 363 | in grades K-12 used in determining the initial allocation of the | 
| 364 | Florida Education Finance Program, the prior year's full-time | 
| 365 | equivalent membership of students in basic and special programs | 
| 366 | in grades K-12 for that district. | 
| 367 | (b)  Multiply any such increase in full-time equivalent | 
| 368 | student membership by the allocation for a set of instructional | 
| 369 | materials, as determined by the department, or as provided for | 
| 370 | in the General Appropriations Act. | 
| 371 | (c)  The amount thus determined shall be that district's | 
| 372 | initial allocation for growth for the school year. However, the | 
| 373 | department shall recompute and adjust the initial allocation | 
| 374 | based on actual full-time equivalent student membership data for | 
| 375 | that year. | 
| 376 | (2)  The maintenance of the instructional materials | 
| 377 | allocation for each school district shall be calculated by | 
| 378 | multiplying each district's prior year full-time equivalent | 
| 379 | membership of students in basic and special programs in grades | 
| 380 | K-12 by the allocation for maintenance of a set of instructional | 
| 381 | materials as provided for in the General Appropriations Act. The | 
| 382 | amount thus determined shall be that district's initial | 
| 383 | allocation for maintenance for the school year; however, the | 
| 384 | department shall recompute and adjust the initial allocation | 
| 385 | based on such actual full-time equivalent student membership | 
| 386 | data for that year. | 
| 387 | (3)  In the event the funds appropriated are not sufficient | 
| 388 | for the purpose of implementing this section in full, the | 
| 389 | department shall prorate the funds available for instructional | 
| 390 | materials after first funding in full each district's growth | 
| 391 | allocation. | 
| 392 | Section 11.  Section 1011.765, Florida Statutes, is amended | 
| 393 | to read: | 
| 394 | 1011.765  School district Florida Academic Improvement | 
| 395 | Trust Fundmatching grants.--School district matching grants are | 
| 396 | provided to public school district education foundations for | 
| 397 | programs that serve low-performing students. The amount of each | 
| 398 | grant shall be equal to the private contribution made to a | 
| 399 | qualifying public school district education foundation. In-kind | 
| 400 | contributions shall not be considered for matching purposes. | 
| 401 | Before any funds are released to any public school district | 
| 402 | education foundation, the public school district education | 
| 403 | foundation must certify to the Commissioner of Education that | 
| 404 | private cash has actually been received by the public school | 
| 405 | district education foundation seeking state matching funds. The | 
| 406 | Consortium of Florida Education Foundations shall be the fiscal | 
| 407 | agent for this program. Administrative costs for the program | 
| 408 | must not exceed 5 percent. | 
| 409 | (1)  MATCHING GRANTS.--The Florida Academic Improvement | 
| 410 | Trust Fund shall be utilized to provide matching grants to the | 
| 411 | Florida School for the Deaf and the Blind Endowment Fund and to | 
| 412 | any public school district education foundation that meets the | 
| 413 | requirements of this section and is recognized by the local | 
| 414 | school district as its designated K-12 education foundation. | 
| 415 | (a)  The State Board of Education shall adopt rules for the | 
| 416 | administration, submission, documentation, evaluation, and | 
| 417 | approval of requests for matching funds and for maintaining | 
| 418 | accountability for matching funds. | 
| 419 | (b)  Donations, state matching funds, or proceeds from | 
| 420 | endowments established pursuant to this section shall be used at | 
| 421 | the discretion of the public school district education | 
| 422 | foundation or the Florida School for the Deaf and the Blind for | 
| 423 | academic achievement within the school district or school, and | 
| 424 | shall not be expended for the construction of facilities or for | 
| 425 | the support of interscholastic athletics. No public school | 
| 426 | district education foundation or the Florida School for the Deaf | 
| 427 | and the Blind shall accept or purchase facilities for which the | 
| 428 | state will be asked for operating funds unless the Legislature | 
| 429 | has granted prior approval for such acquisition. | 
| 430 | (2)  ALLOCATION OF THE TRUST FUND.--Funds appropriated to | 
| 431 | the Florida Academic Improvement Trust Fund shall be allocated | 
| 432 | by the Department of Education in the following manner: | 
| 433 | (a)  For every year in which there is a legislative | 
| 434 | appropriation to the trust fund, an equal amount of the annual | 
| 435 | appropriation, to be determined by dividing the total | 
| 436 | legislative appropriation by the number of local education | 
| 437 | foundations as well as the Florida School for the Deaf and the | 
| 438 | Blind, must be reserved for each public school district | 
| 439 | education foundation and the Florida School for the Deaf and the | 
| 440 | Blind Endowment Fund to provide each foundation and the Florida | 
| 441 | School for the Deaf and the Blind with an opportunity to receive | 
| 442 | and match appropriated funds. Trust funds that remain unmatched | 
| 443 | by contribution on April 1 of any year shall be made available | 
| 444 | for matching by any public school district education foundation | 
| 445 | and by the Florida School for the Deaf and the Blind which shall | 
| 446 | have an opportunity to apply for excess trust funds prior to the | 
| 447 | award of such funds. | 
| 448 | (b)  Matching grants shall be proportionately allocated | 
| 449 | from the trust fund on the basis of matching each $4 of state | 
| 450 | funds with $6 of private funds. To be eligible for matching, a | 
| 451 | minimum of $4,500 must be raised from private sources. | 
| 452 | (c)  Funds sufficient to provide the match shall be | 
| 453 | transferred from the state trust fund to the public school | 
| 454 | education foundation or to the Florida School for the Deaf and | 
| 455 | the Blind Endowment Fund upon notification that a proportionate | 
| 456 | amount has been received and deposited by the foundation or | 
| 457 | school into its own trust fund. | 
| 458 | (d)  If the total of the amounts to be distributed in any | 
| 459 | quarter pursuant to this subsection exceeds the amount of funds | 
| 460 | remaining from specific appropriations made for the | 
| 461 | implementation of this section, all grants shall be | 
| 462 | proportionately reduced so that the total of matching grants | 
| 463 | distributed does not exceed available appropriations. | 
| 464 | (3)  GRANT ADMINISTRATION.-- | 
| 465 | (a)  Each public school district education foundation and | 
| 466 | the Florida School for the Deaf and the Blind participating in | 
| 467 | the Florida Academic Improvement Trust Fund shall separately | 
| 468 | account for all funds received pursuant to this section, and may | 
| 469 | establish its own academic improvement trust fund as a | 
| 470 | depository for the private contributions, state matching funds, | 
| 471 | and earnings on investments of such funds. State matching funds | 
| 472 | shall be transferred to the public school district education | 
| 473 | foundation or to the Florida School for the Deaf and the Blind | 
| 474 | Endowment Fund upon notification that the foundation or school | 
| 475 | has received and deposited private contributions that meet the | 
| 476 | criteria for matching as provided in this section. The public | 
| 477 | school district education foundations and the Florida School for | 
| 478 | the Deaf and the Blind are responsible for the maintenance, | 
| 479 | investment, and administration of their academic improvement | 
| 480 | trust funds. | 
| 481 | (b)  The public school district education foundations and | 
| 482 | the Florida School for the Deaf and the Blind shall be | 
| 483 | responsible for soliciting and receiving contributions to be | 
| 484 | deposited and matched with grants for academic achievement | 
| 485 | within the school district or school. | 
| 486 | (c)  Each public school district education foundation and | 
| 487 | the Florida School for the Deaf and the Blind shall be | 
| 488 | responsible for proper expenditure of the funds received | 
| 489 | pursuant to this section. | 
| 490 | Section 12.  Subsection (5) of section 1011.80, Florida | 
| 491 | Statutes, is amended to read: | 
| 492 | 1011.80  Funds for operation of adult technical education | 
| 493 | programs.-- | 
| 494 | (5)  State funding and student fees for workforce | 
| 495 | development instruction funded through the Workforce Development | 
| 496 | Education Fund shall be established as follows: | 
| 497 | (a)  For a continuing workforce education course, state | 
| 498 | funding shall equal 50 percent of the cost of instruction, with | 
| 499 | student fees, business support, quick-response training funds, | 
| 500 | or other means making up the remaining 50 percent. | 
| 501 | (b)  For all other workforce development education funded | 
| 502 | through the Workforce Development Education Fund, state funding | 
| 503 | shall equal 75 percent of the average cost of instruction with | 
| 504 | the remaining 25 percent made up from student fees. Fees for | 
| 505 | courses within a program shall not vary according to the cost of | 
| 506 | the individual program, but instead shall be based on a uniform | 
| 507 | fee calculated and set at the state level, as adopted by the | 
| 508 | State Board of Education, unless otherwise specified in the | 
| 509 | General Appropriations Act. | 
| 510 | (c)  For fee-exempt students pursuant to s. 1009.25, unless | 
| 511 | otherwise provided for in law, state funding shall equal 100 | 
| 512 | percent of the average cost of instruction. | 
| 513 | (d)  For a public educational institution that has been | 
| 514 | fully funded by an external agency for direct instructional | 
| 515 | costs of any course or program, the FTE generated shall not be | 
| 516 | reported for state funding. | 
| 517 | Section 13.  Paragraph (e) of subsection (1) of section | 
| 518 | 1011.84, Florida Statutes, is redesignated as paragraph (g) and | 
| 519 | new paragraphs (e) and (f) are added to said subsection to read: | 
| 520 | 1011.84  Procedure for determining state financial support | 
| 521 | and annual apportionment of state funds to each community | 
| 522 | college district.--The procedure for determining state financial | 
| 523 | support and the annual apportionment to each community college | 
| 524 | district authorized to operate a community college under the | 
| 525 | provisions of s. 1001.61 shall be as follows: | 
| 526 | (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE COMMUNITY | 
| 527 | COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.-- | 
| 528 | (e)  All state inmate education provided by community | 
| 529 | colleges shall be reported by program, FTE expenditure, and | 
| 530 | revenue source. These enrollments, expenditures, and revenues | 
| 531 | shall be reported and projected separately. Instruction of state | 
| 532 | inmates shall not be included in the full-time equivalent | 
| 533 | student enrollment for funding through the Community College | 
| 534 | Program Fund. Funds in the Community College Program Fund shall | 
| 535 | not be used to offer college-level courses to inmates who do not | 
| 536 | pay their own fees. | 
| 537 | (f)  When a public educational institution has been fully | 
| 538 | funded by an external agency for direct instructional costs of | 
| 539 | any course or program, the FTE generated shall not be reported | 
| 540 | for state funding. | 
| 541 | Section 14.  Subsection (3) of section 1012.05, Florida | 
| 542 | Statutes, is amended to read: | 
| 543 | 1012.05  Teacher recruitment and retention.-- | 
| 544 | (3)  The Department of Education, in cooperation with | 
| 545 | district personnel offices, shall sponsor a job fair in a | 
| 546 | central part of the state to match in-state educators and | 
| 547 | potential educators and out-of-state educators and potential | 
| 548 | educators with teaching opportunities in this state. The | 
| 549 | Department of Education is authorized to collect a job fair | 
| 550 | registration fee not to exceed $20 per person and a booth fee | 
| 551 | not to exceed $250 per school district or other interested | 
| 552 | participating organization. The revenue from the fees shall be | 
| 553 | used to promote and operate the job fair. Funds may be used to | 
| 554 | purchase promotional items such as mementos, awards, and | 
| 555 | plaques. | 
| 556 | Section 15.  Subsections (4) and (5) of section 1012.72, | 
| 557 | Florida Statutes, are renumbered as subsections (5) and (6), | 
| 558 | respectively, and a new subsection (4) is added to said section | 
| 559 | to read: | 
| 560 | 1012.72  Dale Hickam Excellent Teaching Program.- | 
| 561 | (4)  Funds appropriated to school districts for the Dale | 
| 562 | Hickam Excellent Teaching Program may be used by school | 
| 563 | districts for payment of the employer's share of social security | 
| 564 | and Medicare taxes for those teachers who qualify for NBPTS | 
| 565 | certification and receive bonus amounts under subsection (2). | 
| 566 | Section 16.  This act shall take effect July 1, 2004. |