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