Senate Bill sb0340c1

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    Florida Senate - 2004                            CS for SB 340

    By the Committee on Education; and Senator Constantine





    304-1247C-04

  1                      A bill to be entitled

  2         An act relating to corrections to the school

  3         code rewrite; saving s. 17.076(5), F.S.,

  4         relating to confidentiality of direct deposit

  5         records, from reversion on July 1, 2004;

  6         amending s. 20.055, F.S.; deleting a reference

  7         to the Board of Regents; saving s. 112.215(2),

  8         F.S., relating to the definition of the term

  9         "employee" for purposes of the deferred

10         compensation program, from reversion on July 1,

11         2004; amending s. 145.19, F.S.; adding

12         cross-reference; providing for the

13         superintendent's annual performance salary

14         incentive and special qualification salary to

15         be added to the adjusted salary rate; amending

16         s. 159.27, F.S.; redesignating a developmental

17         research school as a lab school; amending s.

18         212.055, F.S.; deleting references to the

19         Florida Frugal Schools Program; amending s.

20         216.136, F.S.; deleting reference to Executive

21         Director of the State Board of Community

22         Colleges and State Board of Nonpublic Career

23         Education; providing that the executive

24         director of the Commission for Independent

25         Education is a member of the Workforce

26         Estimating Conference; saving s. 287.064(1),

27         (2), (3), (4), (5), and (6), F.S., relating to

28         the consolidated equipment financing program,

29         from reversion on July 1, 2004; amending s.

30         316.615, F.S.; replacing reference to the

31         Commissioner of Education with State Board of

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 1         Education for purpose of rulemaking; amending

 2         s. 402.305, F.S.; replacing reference to the

 3         Department of Education with State Board of

 4         Education for purpose of rulemaking; saving s.

 5         440.38(6), F.S., relating to entities deemed

 6         self-insurers for purposes of workers'

 7         compensation, from reversion on July 1, 2004;

 8         amending s. 445.0124, F.S.; deleting references

 9         to the State Board of Community Colleges and

10         the Department of Education; amending ss.

11         455.2125 and 456.028, F.S.; deleting reference

12         to the State Board of Independent Colleges and

13         Universities, the State Board of Nonpublic

14         Career Education, and the State Board of

15         Community Colleges; requiring consultation with

16         the Commission for Independent Education and

17         the State Board of Education; amending s.

18         458.347, F.S.; replacing a reference to State

19         Board of Community Colleges with State Board of

20         Education; amending s. 467.009, F.S.; deleting

21         a reference to the licensing authority of the

22         State Board of Nonpublic Career Education;

23         providing licensing authority of the Commission

24         for Independent Education; amending s. 488.01,

25         F.S.; deleting a reference to the State Board

26         of Nonpublic Career Education; providing for

27         licensure by the Commission for Independent

28         Education to operate certain driver's schools;

29         amending s. 489.125, F.S.; replacing a

30         reference to the Commissioner of Education with

31         State Board of Education for purpose of

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 1         rulemaking; amending s. 784.081, F.S.;

 2         redesignating a developmental research school

 3         as a lab school; amending ss. 817.566 and

 4         817.567, F.S.; correcting cross-references;

 5         deleting a reference to the State Board of

 6         Independent Colleges and Universities;

 7         providing licensing authority of the Commission

 8         for Independent Education; amending s. 943.17,

 9         F.S.; replacing a reference to the Department

10         of Education with State Board of Education for

11         purpose of rulemaking; amending s. 1000.04,

12         F.S.; correcting reference to technical

13         centers; amending s. 1001.26, F.S.; correcting

14         a cross-reference; amending s. 1001.32, F.S.;

15         deleting a reference to the rulemaking

16         authority of the Commissioner of Education;

17         amending ss. 1001.372 and 1001.42, F.S.;

18         correcting cross-references; amending s.

19         1001.47, F.S.; providing a calculation

20         methodology for the salary for elected district

21         school superintendents based on county

22         population; amending s. 1001.50, F.S.;

23         eliminating age as a criterion of compensation

24         for district school superintendents; amending

25         s. 1001.51, F.S.; deleting a reference to

26         patrons; amending ss. 1001.74, 1002.01, and

27         1002.20, F.S.; correcting cross-references;

28         amending s. 1002.32, F.S.; redesignating a

29         developmental research school as a lab school;

30         correcting a cross-reference; amending s.

31         1002.33, F.S.; requiring certain compliance for

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 1         transportation of charter school students;

 2         amending s. 1002.42, F.S.; correcting

 3         cross-references; amending s. 1002.43, F.S.;

 4         providing a reference to regular school

 5         attendance; correcting a cross-reference;

 6         amending s. 1003.22, F.S.; requiring

 7         prekindergarten students to meet school-entry

 8         health requirements; amending s. 1003.43, F.S.;

 9         deleting a reference to waiver authority of the

10         State Board of Education; correcting the date

11         and name of the Korean Conflict; amending s.

12         1003.52, F.S.; correcting a cross-reference;

13         amending s. 1003.63, F.S.; deleting reference

14         to the waiver authority of the State Board of

15         Education; amending s. 1004.24, F.S.; deleting

16         an obsolete reference to postaudit of financial

17         accounts; providing for a financial audit

18         pursuant to s. 11.45, F.S.; amending s.

19         1004.26, F.S.; conforming university oversight

20         of student government; amending s. 1004.445,

21         F.S.; deleting an obsolete reference to

22         postaudit of financial accounts; providing for

23         a financial audit pursuant to s. 11.45, F.S.;

24         amending s. 1005.04, F.S.; correcting

25         punctuation; amending s. 1006.14, F.S.;

26         correcting punctuation; amending s. 1006.21,

27         F.S.; omitting references to regulations;

28         amending s. 1007.21, F.S.; conforming

29         references to parent or guardian; amending s.

30         1008.22, F.S.; revising provisions relating to

31         passing scores for students taking the FCAT for

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 1         the first time; amending s. 1008.29, F.S.;

 2         eliminating an incorrect cross-reference;

 3         amending s. 1008.32, F.S.; requiring the

 4         Commissioner of Education to report

 5         determinations of probable cause; amending s.

 6         1008.37, F.S.; correcting a reporting date;

 7         amending s. 1009.29, F.S.; correcting a

 8         reference to the number of state universities;

 9         amending s. 1009.531, F.S.; correcting

10         terminology; amending s. 1009.532, F.S.;

11         providing for a one-time restoration of a

12         scholarship award; amending ss. 1009.534 and

13         1009.535, F.S.; replacing a reference to the

14         Department of Education with the State Board of

15         Education for purpose of rulemaking; providing

16         for a one-time restoration of a scholarship

17         award; amending s. 1009.536, F.S., relating to

18         the Florida Gold Seal Vocational Scholars

19         award, to conform; amending ss. 1009.58 and

20         1009.61, F.S.; redesignating a developmental

21         research school as a lab school; amending ss.

22         1009.765 and 1009.77, F.S.; replacing a

23         reference to the Department of Education with

24         the State Board of Education for purpose of

25         rulemaking; amending s. 1010.215, F.S.;

26         replacing a reference to revenues with funds;

27         amending s. 1010.75, F.S.; providing for

28         disbursement of fees from the Teacher

29         Certification Examination Trust Fund; amending

30         ss. 1011.24 and 1011.47, F.S.; redesignating

31         developmental research schools as lab schools;

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 1         amending s. 1011.60, F.S.; deleting a

 2         nonexistent cross-reference; amending s.

 3         1011.62, F.S.; redesignating a developmental

 4         research school as a lab school; deleting a

 5         reference to high school competency test;

 6         providing a reference to performance grade

 7         category; amending s. 1011.70, F.S.; changing

 8         references from the Department of Education to

 9         the Agency for Health Care Administration;

10         redesignating developmental research schools as

11         lab schools; authorizing lab schools to

12         participate in the Medicaid certified school

13         match program on the same basis as school

14         districts; amending s. 1012.585, F.S.;

15         correcting the name of a trust fund; correcting

16         a cross-reference; amending ss. 1012.62 and

17         1012.79, F.S.; correcting cross-references;

18         amending s. 1012.795, F.S.; designating an

19         appointed representative of the district school

20         superintendent to receive records concerning

21         certain offenses; amending s. 1012.796, F.S.;

22         correcting a cross-reference; amending s.

23         1012.98, F.S.; requiring consultation with

24         state university faculty; amending ss. 1013.73

25         and 1013.74, F.S.; correcting cross-references;

26         repealing s. 445.049(2)(g) and (h), F.S.,

27         relating to the executive director of the State

28         Board of Community Colleges and the executive

29         director of the State Board for Career

30         Education as members of the Digital Divide

31         Council; repealing s. 1002.33(24), F.S.,

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 1         relating to the conversion charter school pilot

 2         program; repealing s. 1006.57, F.S., relating

 3         to certain books furnished by the Clerk of the

 4         Supreme Court; repealing s. 1010.10(10), F.S.,

 5         relating to the repeal of the Florida Uniform

 6         Management of Institutional Funds Act;

 7         providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Notwithstanding the provisions of section 6

12  of chapter 2003-399, Laws of Florida, subsection (5) of

13  section 17.076, Florida Statutes, as amended by section 5 of

14  chapter 2003-399, Laws of Florida, shall not revert on July 1,

15  2004, and shall continue in full force and effect.

16         Section 2.  Paragraph (a) of subsection (1) of section

17  20.055, Florida Statutes, is amended to read:

18         20.055  Agency inspectors general.--

19         (1)  For the purposes of this section:

20         (a)  "State agency" means each department created

21  pursuant to this chapter, and also includes the Executive

22  Office of the Governor, the Department of Military Affairs,

23  the Board of Regents, the Fish and Wildlife Conservation

24  Commission, the Office of Insurance Regulation of the

25  Financial Services Commission, the Office of Financial

26  Regulation of the Financial Services Commission, the Public

27  Service Commission, and the state courts system.

28         Section 3.  Notwithstanding the provisions of section 8

29  of chapter 2003-399, Laws of Florida, subsection (2) of

30  section 112.215, Florida Statutes, as amended by section 7 of

31  

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 1  chapter 2003-399, Laws of Florida, shall not revert on July 1,

 2  2004, and shall continue in full force and effect.

 3         Section 4.  Subsection (2) of section 145.19, Florida

 4  Statutes, is amended to read:

 5         145.19  Annual percentage increases based on increase

 6  for state career service employees; limitation.--

 7         (2)  Each fiscal year, the salaries of all officials

 8  listed in this chapter and s. 1001.47 shall be adjusted by the

 9  annual factor. The Department of Management Services shall

10  certify the annual factor and the cumulative annual factors.

11  The adjusted salary rate shall be the product, rounded to the

12  nearest dollar, of the salary rate granted by the appropriate

13  section of this chapter or s. 1001.47 multiplied first by the

14  initial factor, then by the cumulative annual factor, and

15  finally by the annual factor. The Department of Management

16  Services shall certify the annual factor and the cumulative

17  annual factors. Any special qualification salary received

18  under this chapter, s. 1001.47, or the annual performance

19  salary incentive available to elected superintendents under s.

20  1001.47 shall be added to such adjusted salary rate. The,

21  which special qualification salary shall be $2,000, but shall

22  not exceed $2,000.

23         Section 5.  Paragraph (b) of subsection (22) of section

24  159.27, Florida Statutes, is amended to read:

25         159.27  Definitions.--The following words and terms,

26  unless the context clearly indicates a different meaning,

27  shall have the following meanings:

28         (22)  "Educational facility" means:

29         (b)  Property that comprises the buildings and

30  equipment, structures, and special education use areas that

31  are built, installed, or established to serve primarily the

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 1  educational purposes of operating any nonprofit private

 2  preschool, kindergarten, elementary school, middle school, or

 3  high school that is established under chapter 617 or chapter

 4  623, or that is owned or operated by an organization described

 5  in s. 501(c)(3) of the United States Internal Revenue Code, or

 6  operating any preschool, kindergarten, elementary school,

 7  middle school, or high school that is owned or operated as

 8  part of the state's system of public education, including, but

 9  not limited to, a charter school or a lab developmental

10  research school operated under chapter 1002. The requirements

11  of this part for the financing of projects through local

12  agencies shall also apply to such schools. Bonds issued under

13  the provisions of this part for such schools shall not be

14  deemed to constitute a debt, liability, or obligation of the

15  state or any political subdivision thereof, or a pledge of the

16  faith and credit of the state or of any such political

17  subdivision, but shall be payable solely from the revenues

18  provided therefor.

19         Section 6.  Paragraphs (b) and (c) of subsection (6) of

20  section 212.055, Florida Statutes, are amended to read:

21         212.055  Discretionary sales surtaxes; legislative

22  intent; authorization and use of proceeds.--It is the

23  legislative intent that any authorization for imposition of a

24  discretionary sales surtax shall be published in the Florida

25  Statutes as a subsection of this section, irrespective of the

26  duration of the levy. Each enactment shall specify the types

27  of counties authorized to levy; the rate or rates which may be

28  imposed; the maximum length of time the surtax may be imposed,

29  if any; the procedure which must be followed to secure voter

30  approval, if required; the purpose for which the proceeds may

31  be expended; and such other requirements as the Legislature

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 1  may provide. Taxable transactions and administrative

 2  procedures shall be as provided in s. 212.054.

 3         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

 4         (b)  The resolution shall include a statement that

 5  provides a brief and general description of the school capital

 6  outlay projects to be funded by the surtax. If applicable, the

 7  resolution must state that the district school board has been

 8  recognized by the State Board of Education as having a Florida

 9  Frugal Schools Program. The statement shall conform to the

10  requirements of s. 101.161 and shall be placed on the ballot

11  by the governing body of the county. The following question

12  shall be placed on the ballot:

13  _____FOR THE           _____CENTS TAX  

14  _____AGAINST THE       _____CENTS TAX

15         (c)  The resolution providing for the imposition of the

16  surtax shall set forth a plan for use of the surtax proceeds

17  for fixed capital expenditures or fixed capital costs

18  associated with the construction, reconstruction, or

19  improvement of school facilities and campuses which have a

20  useful life expectancy of 5 or more years, and any land

21  acquisition, land improvement, design, and engineering costs

22  related thereto. Additionally, the plan shall include the

23  costs of retrofitting and providing for technology

24  implementation, including hardware and software, for the

25  various sites within the school district. Surtax revenues may

26  be used for the purpose of servicing bond indebtedness to

27  finance projects authorized by this subsection, and any

28  interest accrued thereto may be held in trust to finance such

29  projects. Neither the proceeds of the surtax nor any interest

30  accrued thereto shall be used for operational expenses. If the

31  district school board has been recognized by the State Board

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 1  of Education as having a Florida Frugal Schools Program, the

 2  district's plan for use of the surtax proceeds must be

 3  consistent with this subsection and with uses assured under

 4  the Florida Frugal Schools Program.

 5         Section 7.  Paragraph (b) of subsection (9) of section

 6  216.136, Florida Statutes, is amended to read:

 7         216.136  Consensus estimating conferences; duties and

 8  principals.--

 9         (9)  WORKFORCE ESTIMATING CONFERENCE.--

10         (b)  Principals.--The Commissioner of Education, the

11  Executive Office of the Governor, the director of the Office

12  of Tourism, Trade, and Economic Development, the director of

13  the Agency for Workforce Innovation, the executive director of

14  the Commission for Independent Education, the Chancellor of

15  the State University System, the Executive Director of the

16  State Board of Community Colleges, the chair of the State

17  Board of Nonpublic Career Education, the chair of Workforce

18  Florida, Inc., the coordinator of the Office of Economic and

19  Demographic Research, or their designees, and professional

20  staff from the Senate and the House of Representatives who

21  have forecasting and substantive expertise, are the principals

22  of the Workforce Estimating Conference. In addition to the

23  designated principals of the conference, nonprincipal

24  participants of the conference shall include a representative

25  of the Florida Chamber of Commerce and other interested

26  parties. The principal representing the Executive Office of

27  the Governor shall preside over the sessions of the

28  conference.

29         Section 8.  Notwithstanding the provisions of section

30  10 of chapter 2003-399, Laws of Florida, subsections (1)-(6)

31  of section 287.064, Florida Statutes, as amended by section 9

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 1  of chapter 2003-399, Laws of Florida, shall not revert on July

 2  1, 2004, and shall continue in full force and effect.

 3         Section 9.  Subsection (3) of section 316.615, Florida

 4  Statutes, is amended to read:

 5         316.615  School buses; physical requirements of

 6  drivers.--

 7         (3)  A person may not operate or cause to be operated a

 8  motor vehicle covered by subsection (1) or subsection (2) when

 9  transporting school children unless the operator has met the

10  physical examination requirements established by law and by

11  rule of adopted by the State Board Commissioner of Education.

12  The operator of such a motor vehicle shall pass an annual

13  physical examination and have posted in the vehicle a

14  certificate to drive the vehicle.

15         Section 10.  Paragraph (b) of subsection (1) and

16  paragraph (b) of subsection (7) of section 402.305, Florida

17  Statutes, are amended to read:

18         402.305  Licensing standards; child care facilities.--

19         (1)  LICENSING STANDARDS.--The department shall

20  establish licensing standards that each licensed child care

21  facility must meet regardless of the origin or source of the

22  fees used to operate the facility or the type of children

23  served by the facility.

24         (b)  All standards established under ss.

25  402.301-402.319 must be consistent with the rules adopted by

26  the State Fire Marshal for child care facilities. However, if

27  the facility is operated in a public school, the department

28  shall use the public school fire code, as provided in the

29  rules of the State Board Department of Education, as the

30  minimum standard for firesafety.

31         (7)  SANITATION AND SAFETY.--

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 1         (b)  In the case of a child care program for school-age

 2  children attending before and after school programs on the

 3  public school site, the department shall use the public school

 4  fire code, as adopted promulgated in the rules of the State

 5  Board Department of Education, as the minimum standard for

 6  fire safety. In the case of a child care program for

 7  school-age children attending before-school and after-school

 8  programs on a site operated by a municipality, the department

 9  shall adopt rules for such site and intended use.

10         Section 11.  Notwithstanding the provisions of section

11  12 of chapter 2003-399, Laws of Florida, subsection (6) of

12  section 440.38, Florida Statutes, as amended by section 11 of

13  chapter 2003-399, Laws of Florida, shall not revert on July 1,

14  2004, and shall continue in full force and effect.

15         Section 12.  Subsection (4) of section 445.0124,

16  Florida Statutes, is amended to read:

17         445.0124  Eligible programs.--

18         (4)  Eligible career education programs are those

19  programs in the following business sectors: information

20  technology/telecommunications, biomedical technology,

21  manufacturing-electronics, aviation/transportation, and

22  skilled building trades. Workforce Florida, Inc., must

23  determine eligible programs within these sectors annually in

24  cooperation with the State Board of Community Colleges and the

25  Department of Education.

26         Section 13.  Section 455.2125, Florida Statutes, is

27  amended to read:

28         455.2125  Consultation with postsecondary education

29  boards prior to adoption of changes to training

30  requirements.--Any state agency or board that has jurisdiction

31  over the regulation of a profession or occupation shall

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 1  consult with the Commission for Independent Education State

 2  Board of Independent Colleges and Universities, the State

 3  Board of Nonpublic Career Education, the Board of Regents, and

 4  the State Board of Education Community Colleges prior to

 5  adopting any changes to training requirements relating to

 6  entry into the profession or occupation. This consultation

 7  must allow the educational board to provide advice regarding

 8  the impact of the proposed changes in terms of the length of

 9  time necessary to complete the training program and the fiscal

10  impact of the changes. The educational board must be consulted

11  only when an institution offering the training program falls

12  under its jurisdiction.

13         Section 14.  Section 456.028, Florida Statutes, is

14  amended to read:

15         456.028  Consultation with postsecondary education

16  boards prior to adoption of changes to training

17  requirements.--Any state agency or board that has jurisdiction

18  over the regulation of a profession or occupation shall

19  consult with the Commission for Independent Education State

20  Board of Independent Colleges and Universities, the State

21  Board of Nonpublic Career Education, the Board of Regents, and

22  the State Board of Education Community Colleges prior to

23  adopting any changes to training requirements relating to

24  entry into the profession or occupation. This consultation

25  must allow the educational board to provide advice regarding

26  the impact of the proposed changes in terms of the length of

27  time necessary to complete the training program and the fiscal

28  impact of the changes. The educational board must be consulted

29  only when an institution offering the training program falls

30  under its jurisdiction.

31  

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 1         Section 15.  Paragraph (c) of subsection (6) of section

 2  458.347, Florida Statutes, is amended to read:

 3         458.347  Physician assistants.--

 4         (6)  PROGRAM APPROVAL.--

 5         (c)  Any community college with the approval of the

 6  State Board of Education Community Colleges may conduct a

 7  physician assistant program which shall apply for national

 8  accreditation through the American Medical Association's

 9  Committee on Allied Health, Education, and Accreditation, or

10  its successor organization, and which may admit unlicensed

11  physicians, as authorized in subsection (7), who are graduates

12  of foreign medical schools listed with the World Health

13  Organization. The unlicensed physician must have been a

14  resident of this state for a minimum of 12 months immediately

15  prior to admission to the program. An evaluation of knowledge

16  base by examination shall be required to grant advanced

17  academic credit and to fulfill the necessary requirements to

18  graduate. A minimum of one 16-week semester of supervised

19  clinical and didactic education, which may be completed

20  simultaneously, shall be required before graduation from the

21  program. All other provisions of this section shall remain in

22  effect.

23         Section 16.  Subsection (8) of section 467.009, Florida

24  Statutes, is amended to read:

25         467.009  Midwifery programs; education and training

26  requirements.--

27         (8)  Nonpublic educational institutions that conduct

28  approved midwifery programs shall be accredited by a member of

29  the Commission on Recognition of Postsecondary Accreditation

30  and shall be licensed by the Commission for Independent

31  Education State Board of Nonpublic Career Education.

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 1         Section 17.  Section 488.01, Florida Statutes, is

 2  amended to read:

 3         488.01  License to engage in business of operating a

 4  driver's school required.--The Department of Highway Safety

 5  and Motor Vehicles shall oversee and license all commercial

 6  driver's schools except truck driving schools. All commercial

 7  truck driving schools shall be required to be licensed

 8  pursuant to chapter 1005, and additionally shall be subject to

 9  the provisions of ss. 488.04 and 488.05. No person, group,

10  organization, institution, business entity, or corporate

11  entity may engage in the business of operating a driver's

12  school without first obtaining a license therefor from the

13  Department of Highway Safety and Motor Vehicles pursuant to

14  this chapter or from the Commission for Independent Education

15  State Board of Nonpublic Career Education pursuant to chapter

16  1005.

17         Section 18.  Section 489.125, Florida Statutes, is

18  amended to read:

19         489.125  Prequalification of certificateholders.--Any

20  person holding a certificate shall be prequalified to bid by a

21  district school board pursuant to uniform prequalification of

22  contractors criteria adopted by rule of the State Board

23  Commissioner of Education. This section does not supersede any

24  small, woman-owned or minority-owned business enterprise

25  preference program adopted by a district school board. A

26  district school board may not modify or supplement the uniform

27  prequalification criteria adopted by rule. A person holding a

28  certificate must apply to each board for prequalification

29  consideration.

30         Section 19.  Section 784.081, Florida Statutes, is

31  amended to read:

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 1         784.081  Assault or battery on specified officials or

 2  employees; reclassification of offenses.--Whenever a person is

 3  charged with committing an assault or aggravated assault or a

 4  battery or aggravated battery upon any elected official or

 5  employee of: a school district; a private school; the Florida

 6  School for the Deaf and the Blind; a university lab

 7  developmental research school; a state university or any other

 8  entity of the state system of public education, as defined in

 9  s. 1000.04; an employee or protective investigator of the

10  Department of Children and Family Services; or an employee of

11  a lead community-based provider and its direct service

12  contract providers, when the person committing the offense

13  knows or has reason to know the identity or position or

14  employment of the victim, the offense for which the person is

15  charged shall be reclassified as follows:

16         (1)  In the case of aggravated battery, from a felony

17  of the second degree to a felony of the first degree.

18         (2)  In the case of aggravated assault, from a felony

19  of the third degree to a felony of the second degree.

20         (3)  In the case of battery, from a misdemeanor of the

21  first degree to a felony of the third degree.

22         (4)  In the case of assault, from a misdemeanor of the

23  second degree to a misdemeanor of the first degree.

24         Section 20.  Section 817.566, Florida Statutes, is

25  amended to read:

26         817.566  Misrepresentation of association with, or

27  academic standing at, postsecondary educational

28  institution.--Any person who, with intent to defraud,

29  misrepresents his or her association with, or academic

30  standing or other progress at, any postsecondary educational

31  institution by falsely making, altering, simulating, or

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 1  forging a document, degree, certificate, diploma, award,

 2  record, letter, transcript, form, or other paper; or any

 3  person who causes or procures such a misrepresentation; or any

 4  person who utters and publishes or otherwise represents such a

 5  document, degree, certificate, diploma, award, record, letter,

 6  transcript, form, or other paper as true, knowing it to be

 7  false, is guilty of a misdemeanor of the first degree,

 8  punishable as provided in s. 775.082 or s. 775.083.

 9  Individuals who present a religious academic degree from any

10  college, university, seminary, or institution which is not

11  licensed by the Commission for Independent Education State

12  Board of Independent Colleges and Universities or which is not

13  exempt pursuant to the provisions of s. 1005.06 s. 246.085

14  shall disclose the religious nature of the degree upon

15  presentation.

16         Section 21.  Subsection (1) of section 817.567, Florida

17  Statutes, is amended to read:

18         817.567  Making false claims of academic degree or

19  title.--

20         (1)  No person in the state may claim, either orally or

21  in writing, to possess an academic degree, as defined in s.

22  1005.02, or the title associated with said degree, unless the

23  person has, in fact, been awarded said degree from an

24  institution that is:

25         (a)  Accredited by a regional or professional

26  accrediting agency recognized by the United States Department

27  of Education or the Commission on Recognition of Postsecondary

28  Accreditation;

29         (b)  Provided, operated, and supported by a state

30  government or any of its political subdivisions or by the

31  Federal Government;

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 1         (c)  A school, institute, college, or university

 2  chartered outside the United States, the academic degree from

 3  which has been validated by an accrediting agency approved by

 4  the United States Department of Education as equivalent to the

 5  baccalaureate or postbaccalaureate degree conferred by a

 6  regionally accredited college or university in the United

 7  States;

 8         (d)  Licensed by the Commission for Independent

 9  Education State Board of Independent Colleges and Universities

10  pursuant to ss. 1005.01-1005.38 or exempt from licensure

11  pursuant to chapter 1005 s. 246.085; or

12         (e)  A religious seminary, institute, college, or

13  university which offers only educational programs that prepare

14  students for a religious vocation, career, occupation,

15  profession, or lifework, and the nomenclature of whose

16  certificates, diplomas, or degrees clearly identifies the

17  religious character of the educational program.

18         Section 22.  Subsection (4) of section 943.17, Florida

19  Statutes, is amended to read:

20         943.17  Basic recruit, advanced, and career development

21  training programs; participation; cost; evaluation.--The

22  commission shall, by rule, design, implement, maintain,

23  evaluate, and revise entry requirements and job-related

24  curricula and performance standards for basic recruit,

25  advanced, and career development training programs and

26  courses. The rules shall include, but are not limited to, a

27  methodology to assess relevance of the subject matter to the

28  job, student performance, and instructor competency.

29         (4)  The commission may, by rule, establish a

30  sponsorship program for prospective officers. The rule shall

31  specify the provisions of s. 943.13 that must be satisfied

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 1  prior to the prospective officer's enrollment in a basic

 2  recruit training course. However, the rule shall not conflict

 3  with any laws or rules of the State Board Department of

 4  Education relating to student enrollment.

 5         Section 23.  Subsection (1) of section 1000.04, Florida

 6  Statutes, is amended to read:

 7         1000.04  Components for the delivery of public

 8  education within the Florida K-20 education system.--Florida's

 9  K-20 education system provides for the delivery of public

10  education through publicly supported and controlled K-12

11  schools, community colleges, state universities and other

12  postsecondary educational institutions, other educational

13  institutions, and other educational services as provided or

14  authorized by the Constitution and laws of the state.

15         (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools

16  include charter schools and consist of kindergarten classes;

17  elementary, middle, and high school grades and special

18  classes; workforce development education; area technical

19  centers; adult, part-time, career and technical, and evening

20  schools, courses, or classes, as authorized by law to be

21  operated under the control of district school boards; and lab

22  schools operated under the control of state universities.

23         Section 24.  Paragraph (a) of subsection (2) of section

24  1001.26, Florida Statutes, is amended to read:

25         1001.26  Public broadcasting program system.--

26         (2)(a)  The Department of Education is responsible for

27  implementing the provisions of this section pursuant to s.

28  282.102 part III of chapter 287 and may employ personnel,

29  acquire equipment and facilities, and perform all duties

30  necessary for carrying out the purposes and objectives of this

31  section.

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 1         Section 25.  Subsection (1) of section 1001.32, Florida

 2  Statutes, is amended to read:

 3         1001.32  Management, control, operation,

 4  administration, and supervision.--The district school system

 5  must be managed, controlled, operated, administered, and

 6  supervised as follows:

 7         (1)  DISTRICT SYSTEM.--The district school system shall

 8  be considered as a part of the state system of public

 9  education. All actions of district school officials shall be

10  consistent and in harmony with state laws and with rules and

11  minimum standards of the state board and the commissioner.

12  District school officials, however, shall have the authority

13  to provide additional educational opportunities, as desired,

14  which are authorized, but not required, by law or by the

15  district school board.

16         Section 26.  Subsection (3) of section 1001.372,

17  Florida Statutes, is amended to read:

18         1001.372  District school board meetings.--

19         (3)  REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The

20  presiding officer of any district school board may order the

21  removal, from a public meeting held by the district school

22  board, of any person interfering with the expeditious or

23  orderly process of such meeting, provided such officer has

24  first issued a warning that continued interference with the

25  orderly processes of the meeting will result in removal. Any

26  law enforcement authority or a sergeant-at-arms designated by

27  the officer shall remove any person ordered removed pursuant

28  to this subsection section.

29         Section 27.  Paragraph (m) of subsection (4) of section

30  1001.42, Florida Statutes, is amended to read:

31  

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 1         1001.42  Powers and duties of district school

 2  board.--The district school board, acting as a board, shall

 3  exercise all powers and perform all duties listed below:

 4         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

 5  SCHOOLS.--Adopt and provide for the execution of plans for the

 6  establishment, organization, and operation of the schools of

 7  the district, including, but not limited to, the following:

 8         (m)  Alternative education programs for students in

 9  residential care facilities.--Provide, in accordance with the

10  provisions of s. 1003.58 chapter 1006, educational programs

11  according to rules of the State Board of Education to students

12  who reside in residential care facilities operated by the

13  Department of Children and Family Services.

14         Section 28.  Subsection (2) of section 1001.47, Florida

15  Statutes, is amended, subsections (3), (4), and (5) are

16  renumbered as subsections (4), (5), and (6), respectively, and

17  a new subsection (3) is added to that section, to read:

18         1001.47  District school superintendent; salary.--

19         (2)  Each elected district school superintendent shall

20  receive a base salary, the amounts indicated in this

21  subsection, based on the population of the county the elected

22  superintendent serves. In addition, compensation shall be made

23  for population increments over the minimum for each population

24  group, which shall be determined by multiplying the population

25  in excess of the minimum for the group times the group rate.

26  The product of such calculation shall be added to the base

27  salary to determine the adjusted base salary. Laws that

28  increase the base salary provided in this subsection shall

29  contain provisions on no other subject.

30  

31  Pop. Group     County Pop. Range     Base Salary   Group Rate

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 1                 Minimum    Maximum                            

 2       I             -0-     49,999        $21,250     $0.07875

 3      II          50,000     99,999         24,400      0.06300

 4      III        100,000    199,999         27,550      0.02625

 5      IV         200,000    399,999         30,175      0.01575

 6       V         400,000    999,999         33,325      0.00525

 7      VI       1,000,000                    36,475      0.00400

 8  

 9  Notwithstanding the provisions of chapter 145 to the contrary,

10  the annual salaries of elected district school superintendents

11  for 1993 and each year thereafter shall be established at the

12  same amounts as the district school superintendents were paid

13  for fiscal year 1991-1992, adjusted by each annual increase

14  provided for in chapter 145.

15         (3)  The adjusted base salaries of elected district

16  school superintendents shall be increased annually as provided

17  for in s. 145.19. Any salary previously paid to elected

18  superintendents, including the salary calculated for fiscal

19  years 2002-2003 and 2003-2004, which was consistent with

20  chapter 145 and s. 230.303, Florida Statutes (2001), is hereby

21  ratified and validated.

22         Section 29.  Paragraph (f) of subsection (3) of section

23  1001.50, Florida Statutes, is amended to read:

24         1001.50  Superintendents employed under Art. IX of the

25  State Constitution.--

26         (3)  The district school board of each such district

27  shall pay to the district school superintendent a reasonable

28  annual salary. In determining the amount of compensation to be

29  paid, the board shall take into account such factors as:

30  

31  

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 1         (f)  The educational qualifications and, professional

 2  experience, and age of the candidate for the position of

 3  district school superintendent.

 4         Section 30.  Subsection (16) of section 1001.51,

 5  Florida Statutes, is amended to read:

 6         1001.51  Duties and responsibilities of district school

 7  superintendent.--The district school superintendent shall

 8  exercise all powers and perform all duties listed below and

 9  elsewhere in the law, provided that, in so doing, he or she

10  shall advise and counsel with the district school board. The

11  district school superintendent shall perform all tasks

12  necessary to make sound recommendations, nominations,

13  proposals, and reports required by law to be acted upon by the

14  district school board. All such recommendations, nominations,

15  proposals, and reports by the district school superintendent

16  shall be either recorded in the minutes or shall be made in

17  writing, noted in the minutes, and filed in the public records

18  of the district school board. It shall be presumed that, in

19  the absence of the record required in this section, the

20  recommendations, nominations, and proposals required of the

21  district school superintendent were not contrary to the action

22  taken by the district school board in such matters.

23         (16)  VISITATION OF SCHOOLS.--Visit the schools;

24  observe the management and instruction; give suggestions for

25  improvement; and advise supervisors, principals, teachers,

26  patrons, and other citizens with the view of promoting

27  interest in education and improving the school conditions of

28  the district.

29         Section 31.  Subsection (8) of section 1001.74, Florida

30  Statutes, is amended to read:

31  

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 1         1001.74  Powers and duties of university boards of

 2  trustees.--

 3         (8)  Each board of trustees is authorized to create

 4  divisions of sponsored research pursuant to the provisions of

 5  s. 1004.22 s. 1011.411 to serve the function of administration

 6  and promotion of the programs of research.

 7         Section 32.  Subsection (2) of section 1002.01, Florida

 8  Statutes, is amended to read:

 9         1002.01  Definitions.--

10         (2)  A "private school" is a nonpublic school defined

11  as an individual, association, copartnership, or corporation,

12  or department, division, or section of such organizations,

13  that designates itself as an educational center that includes

14  kindergarten or a higher grade or as an elementary, secondary,

15  business, technical, or trade school below college level or

16  any organization that provides instructional services that

17  meet the intent of s. 1003.01(13) 1003.01(14) or that gives

18  preemployment or supplementary training in technology or in

19  fields of trade or industry or that offers academic, literary,

20  or career and technical training below college level, or any

21  combination of the above, including an institution that

22  performs the functions of the above schools through

23  correspondence or extension, except those licensed under the

24  provisions of chapter 1005. A private school may be a

25  parochial, religious, denominational, for-profit, or nonprofit

26  school. This definition does not include home education

27  programs conducted in accordance with s. 1002.41.

28         Section 33.  Paragraph (b) of subsection (2) of section

29  1002.20, Florida Statutes, is amended to read:

30         1002.20  K-12 student and parent rights.--Parents of

31  public school students must receive accurate and timely

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 1  information regarding their child's academic progress and must

 2  be informed of ways they can help their child to succeed in

 3  school. K-12 students and their parents are afforded numerous

 4  statutory rights including, but not limited to, the following:

 5         (2)  ATTENDANCE.--

 6         (b)  Regular school attendance.--Parents of students

 7  who have attained the age of 6 years by February 1 of any

 8  school year but who have not attained the age of 16 years must

 9  comply with the compulsory school attendance laws. Parents

10  have the option to comply with the school attendance laws by

11  attendance of the student in a public school; a parochial,

12  religious, or denominational school; a private school; a home

13  education program; or a private tutoring program, in

14  accordance with the provisions of s. 1003.01(13) s.

15  1003.01(14).

16         Section 34.  Paragraph (a) of subsection (3) and

17  paragraph (a) of subsection (11) of section 1002.32, Florida

18  Statutes, are amended to read:

19         1002.32  Developmental research (laboratory) schools.--

20         (3)  MISSION.--The mission of a lab school shall be the

21  provision of a vehicle for the conduct of research,

22  demonstration, and evaluation regarding management, teaching,

23  and learning. Programs to achieve the mission of a lab school

24  shall embody the goals and standards established pursuant to

25  ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate

26  education for its students.

27         (a)  Each lab school shall emphasize mathematics,

28  science, computer science, and foreign languages. The primary

29  goal of a lab school is to enhance instruction and research in

30  such specialized subjects by using the resources available on

31  a state university campus, while also providing an education

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 1  in nonspecialized subjects. Each lab school shall provide

 2  sequential elementary and secondary instruction where

 3  appropriate. A lab school may not provide instruction at grade

 4  levels higher than grade 12 without authorization from the

 5  State Board of Education. Each lab developmental research

 6  school shall develop and implement a school improvement plan

 7  pursuant to s. 1003.02(3).

 8         (11)  EXCEPTIONS TO LAW.--To encourage innovative

 9  practices and facilitate the mission of the lab schools, in

10  addition to the exceptions to law specified in s. 1001.23(2),

11  the following exceptions shall be permitted for lab schools:

12         (a)  The methods and requirements of the following

13  statutes shall be held in abeyance: ss. 316.75; 1001.30;

14  1001.31; 1001.32; 1001.33; 1001.34; 1001.35; 1001.36;

15  1001.361; 1001.362; 1001.363; 1001.37; 1001.371; 1001.372;

16  1001.38; 1001.39; 1001.395; 1001.40; 1001.41; 1001.44;

17  1001.453; 1001.46; 1001.461; 1001.462; 1001.463; 1001.464;

18  1001.47; 1001.48; 1001.49; 1001.50; 1001.51; 1006.12(1);

19  1006.21(3), (4); 1006.23; 1010.07(2); 1010.40; 1010.41;

20  1010.42; 1010.43; 1010.44; 1010.45; 1010.46; 1010.47; 1010.48;

21  1010.49; 1010.50; 1010.51; 1010.52; 1010.53; 1010.54; 1010.55;

22  1011.02(1)-(3), (5); 1011.04; 1011.20; 1011.21; 1011.22;

23  1011.23; 1011.71; 1011.72; 1011.73; and 1011.74; and 1013.77.

24         Section 35.  Paragraph (c) of subsection (20) of

25  section 1002.33, Florida Statutes, is amended to read:

26         1002.33  Charter schools.--

27         (20)  SERVICES.--

28         (c)  Transportation of charter school students shall be

29  provided by the charter school consistent with the

30  requirements of subpart I.e. of chapter 1006 and s. 1012.45.

31  The governing body of the charter school may provide

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 1  transportation through an agreement or contract with the

 2  district school board, a private provider, or parents. The

 3  charter school and the sponsor shall cooperate in making

 4  arrangements that ensure that transportation is not a barrier

 5  to equal access for all students residing within a reasonable

 6  distance of the charter school as determined in its charter.

 7         Section 36.  Subsections (7) and (14) of section

 8  1002.42, Florida Statutes, are amended to read:

 9         1002.42  Private schools.--

10         (7)  ATTENDANCE REQUIREMENTS.--Attendance of a student

11  at a private, parochial, religious, or denominational school

12  satisfies the attendance requirements of ss. 1003.01(13)

13  1003.01(14) and 1003.21(1).

14         (14)  BUS DRIVER TRAINING.--Private school bus drivers

15  may participate in a district school board's bus driver

16  training program, if the district school board makes the

17  program available pursuant to s. 1012.45(4) 1006.26.

18         Section 37.  Subsection (1) of section 1002.43, Florida

19  Statutes, is amended to read:

20         1002.43  Private tutoring programs.--

21         (1)  Regular school attendance as defined in s.

22  1003.01(13) 1003.01(14) may be achieved by attendance in a

23  private tutoring program if the person tutoring the student

24  meets the following requirements:

25         (a)  Holds a valid Florida certificate to teach the

26  subjects or grades in which instruction is given.

27         (b)  Keeps all records and makes all reports required

28  by the state and district school board and makes regular

29  reports on the attendance of students in accordance with the

30  provisions of s. 1003.23(2).

31  

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 1         (c)  Requires students to be in actual attendance for

 2  the minimum length of time prescribed by s. 1011.60(2).

 3         Section 38.  Subsections (4) and (7) of section

 4  1003.22, Florida Statutes, are amended to read:

 5         1003.22  School-entry health examinations; immunization

 6  against communicable diseases; exemptions; duties of

 7  Department of Health.--

 8         (4)  Each district school board and the governing

 9  authority of each private school shall establish and enforce

10  as policy that, prior to admittance to or attendance in a

11  public or private school, grades kindergarten through 12, or

12  any other initial entrance into a Florida public or private

13  school, each child present or have on file with the school a

14  certification of immunization for the prevention of those

15  communicable diseases for which immunization is required by

16  the Department of Health and further shall provide for

17  appropriate screening of its students for scoliosis at the

18  proper age. Such certification shall be made on forms approved

19  and provided by the Department of Health and shall become a

20  part of each student's permanent record, to be transferred

21  when the student transfers, is promoted, or changes schools.

22  The transfer of such immunization certification by Florida

23  public schools shall be accomplished using the Florida

24  Automated System for Transferring Education Records and shall

25  be deemed to meet the requirements of this section.

26         (7)  The parents of any child admitted to or in

27  attendance at a Florida public or private school, grades

28  prekindergarten kindergarten through 12, are responsible for

29  assuring that the child is in compliance with the provisions

30  of this section.

31  

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 1         Section 39.  Paragraph (c) of subsection (1) and

 2  subsection (13) of section 1003.43, Florida Statutes, are

 3  amended to read:

 4         1003.43  General requirements for high school

 5  graduation.--

 6         (1)  Graduation requires successful completion of

 7  either a minimum of 24 academic credits in grades 9 through 12

 8  or an International Baccalaureate curriculum. The 24 credits

 9  shall be distributed as follows:

10         (c)  Three credits in science, two of which must have a

11  laboratory component. The State Board of Education may grant

12  an annual waiver of the laboratory requirement to a district

13  school board that certifies that its laboratory facilities are

14  inadequate, provided the district school board submits a

15  capital outlay plan to provide adequate facilities and makes

16  the funding of this plan a priority of the district school

17  board. Agriscience Foundations I, the core course in secondary

18  Agriscience and Natural Resources programs, counts as one of

19  the science credits.

20  

21  District school boards may award a maximum of one-half credit

22  in social studies and one-half elective credit for student

23  completion of nonpaid voluntary community or school service

24  work. Students choosing this option must complete a minimum of

25  75 hours of service in order to earn the one-half credit in

26  either category of instruction. Credit may not be earned for

27  service provided as a result of court action. District school

28  boards that approve the award of credit for student volunteer

29  service shall develop guidelines regarding the award of the

30  credit, and school principals are responsible for approving

31  specific volunteer activities. A course designated in the

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 1  Course Code Directory as grade 9 through grade 12 that is

 2  taken below the 9th grade may be used to satisfy high school

 3  graduation requirements or Florida Academic Scholars award

 4  requirements as specified in a district school board's student

 5  progression plan. A student shall be granted credit toward

 6  meeting the requirements of this subsection for equivalent

 7  courses, as identified pursuant to s. 1007.271(6), taken

 8  through dual enrollment.

 9         (13)  The Commissioner of Education may award a

10  standard high school diploma to honorably discharged veterans

11  who started high school between 1946 and 1950 and were

12  scheduled to graduate between 1950 and 1954, but were inducted

13  into the United States Armed Forces between June 27, 1950, and

14  January 31, 1955 1954, and served during the Korean Conflict

15  War prior to completing the necessary high school graduation

16  requirements. Upon the recommendation of the commissioner, the

17  State Board of Education may develop criteria and guidelines

18  for awarding such diplomas.

19         Section 40.  Subsection (4) of section 1003.52, Florida

20  Statutes, is amended to read:

21         1003.52  Educational services in Department of Juvenile

22  Justice programs.--

23         (4)  Educational services shall be provided at times of

24  the day most appropriate for the juvenile justice program.

25  School programming in juvenile justice detention, commitment,

26  and rehabilitation programs shall be made available by the

27  local school district during the juvenile justice school year,

28  as defined in s. 1003.01(11) 1003.01(12).

29         Section 41.  Paragraph (a) of subsection (7) of section

30  1003.63, Florida Statutes, is amended to read:

31         1003.63  Deregulated public schools pilot program.--

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 1         (7)  EXEMPTION FROM STATUTES.--

 2         (a)  A deregulated public school shall operate in

 3  accordance with its proposal and shall be exempt from all

 4  statutes of the Florida K-20 Education Code, except those

 5  pertaining to civil rights and student health, safety, and

 6  welfare, or as otherwise required by this section. A

 7  deregulated public school shall not be exempt from the

 8  following statutes: chapter 119, relating to public records,

 9  and s. 286.011, relating to public meetings and records,

10  public inspection, and penalties, and chapters 1010 and 1011

11  if exemption. The school district, upon request of a

12  deregulated public school, may apply to the State Board of

13  Education for a waiver of provisions of law applicable to

14  deregulated public schools under this section, except that the

15  provisions of chapter 1010 or chapter 1011 shall not be

16  eligible for waiver if the waiver would affect funding

17  allocations or create inequity in public school funding. The

18  State Board of Education may grant the waiver if necessary to

19  implement the school program.

20         Section 42.  Subsection (5) of section 1004.24, Florida

21  Statutes, is amended to read:

22         1004.24  State Board of Education authorized to secure

23  liability insurance.--

24         (5)  Each self-insurance program council shall make

25  provision for an annual financial audit pursuant to s. 11.45

26  postaudit of its financial accounts to be conducted by an

27  independent certified public accountant. The annual audit

28  report must include a management letter and shall be submitted

29  to the State Board of Education for review. The State Board of

30  Education shall have the authority to require and receive from

31  the self-insurance program council or from its independent

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 1  auditor any detail or supplemental data relative to the

 2  operation of the self-insurance program.

 3         Section 43.  Subsections (1) and (5) of section

 4  1004.26, Florida Statutes, are amended to read:

 5         1004.26  University student governments.--

 6         (1)  A student government is created on the main campus

 7  of each state university. In addition, each university board

 8  of trustees may establish a student government on any branch

 9  campus or center. Each student government is a part of the

10  university at which it is established.

11         (5)  Each student government is a part of the

12  university at which it is established. If an internal

13  procedure of the university student government is disapproved

14  by the university president under s. 229.0082(15), a member of

15  the university board of trustees may request a review of the

16  disapproved procedure at the next meeting of the board of

17  trustees.

18         Section 44.  Paragraph (d) of subsection (3) of section

19  1004.445, Florida Statutes, is amended to read:

20         1004.445  Florida Alzheimer's Center and Research

21  Institute.--

22         (3)  The State Board of Education shall provide in the

23  agreement with the not-for-profit corporation for the

24  following:

25         (d)  Preparation of an annual financial audit pursuant

26  to s. 11.45 postaudit of the not-for-profit corporation's

27  financial accounts and the financial accounts of any

28  subsidiaries to be conducted by an independent certified

29  public accountant. The annual audit report shall include

30  management letters and shall be submitted to the Auditor

31  General and the State Board of Education for review. The State

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 1  Board of Education, the Auditor General, and the Office of

 2  Program Policy Analysis and Government Accountability shall

 3  have the authority to require and receive from the

 4  not-for-profit corporation and any subsidiaries, or from their

 5  independent auditor, any detail or supplemental data relative

 6  to the operation of the not-for-profit corporation or

 7  subsidiary.

 8         Section 45.  Subsection (1) of section 1005.04, Florida

 9  Statutes, is amended to read:

10         1005.04  Fair consumer practices.--

11         (1)  Every institution that is under the jurisdiction

12  of the commission or is exempt from the jurisdiction or

13  purview of the commission pursuant to s. 1005.06(1)(c) or (f)

14  and that either directly or indirectly solicits for enrollment

15  any student shall:

16         (a)  Disclose to each prospective student a statement

17  of the purpose of such institution, its educational programs

18  and curricula, a description of its physical facilities, its

19  status regarding licensure, its fee schedule and policies

20  regarding retaining student fees if a student withdraws, and a

21  statement regarding the transferability of credits to and from

22  other institutions. The institution shall make the required

23  disclosures in writing at least 1 week prior to enrollment or

24  collection of any tuition from the prospective student. The

25  required disclosures may be made in the institution's current

26  catalog;.

27         (b)  Use a reliable method to assess, before accepting

28  a student into a program, the student's ability to complete

29  successfully the course of study for which he or she has

30  applied;

31  

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 1         (c)  Inform each student accurately about financial

 2  assistance and obligations for repayment of loans; describe

 3  any employment placement services provided and the limitations

 4  thereof; and refrain from promising or implying guaranteed

 5  placement, market availability, or salary amounts;

 6         (d)  Provide to prospective and enrolled students

 7  accurate information regarding the relationship of its

 8  programs to state licensure requirements for practicing

 9  related occupations and professions in Florida;

10         (e)  Ensure that all advertisements are accurate and

11  not misleading;

12         (f)  Publish and follow an equitable prorated refund

13  policy for all students, and follow both the federal refund

14  guidelines for students receiving federal financial assistance

15  and the minimum refund guidelines set by commission rule;

16         (g)  Follow the requirements of state and federal laws

17  that require annual reporting with respect to crime statistics

18  and physical plant safety and make those reports available to

19  the public; and

20         (h)  Publish and follow procedures for handling student

21  complaints, disciplinary actions, and appeals.

22         Section 46.  Subsection (5) of section 1006.14, Florida

23  Statutes, is amended to read:

24         1006.14  Secret societies prohibited in public K-12

25  schools.--

26         (5)  It is unlawful for any student enrolled in any

27  public K-12 school to be a member of, to join or to become a

28  member of or to pledge himself or herself to become a member

29  of any secret fraternity, sorority, or group wholly or partly

30  formed from the membership of students attending public K-12

31  schools or to take part in the organization or formation of

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 1  any such fraternity, sorority, or secret society; provided

 2  that this does not prevent any student from belonging to any

 3  organization fostered and promoted by the school authorities,

 4  ; or approved and accepted by the school authorities and whose

 5  membership is selected on the basis of good character, good

 6  scholarship, leadership ability, and achievement.

 7         Section 47.  Subsections (1) and (2) of section

 8  1006.21, Florida Statutes, are amended to read:

 9         1006.21  Duties of district school superintendent and

10  district school board regarding transportation.--

11         (1)  The district school superintendent shall ascertain

12  which students should be transported to school or to school

13  activities, determine the most effective arrangement of

14  transportation routes to accommodate these students; recommend

15  such routing to the district school board; recommend plans and

16  procedures for providing facilities for the economical and

17  safe transportation of students; recommend such rules and

18  regulations as may be necessary and see that all rules and

19  regulations relating to the transportation of students

20  approved by the district school board, as well as rules

21  regulations of the State Board of Education state board, are

22  properly carried into effect, as prescribed in this chapter.

23         (2)  After considering recommendations of the district

24  school superintendent, the district school board shall make

25  provision for the transportation of students to the public

26  schools or school activities they are required or expected to

27  attend; authorize transportation routes arranged efficiently

28  and economically; provide the necessary transportation

29  facilities, and, when authorized under rules of the State

30  Board of Education and if more economical to do so, provide

31  limited subsistence in lieu thereof; and adopt the necessary

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 1  rules and regulations to ensure safety, economy, and

 2  efficiency in the operation of all buses, as prescribed in

 3  this chapter.

 4         Section 48.  Subsection (1) and paragraphs (a) and (b)

 5  of subsection (2) of section 1007.21, Florida Statutes, are

 6  amended to read:

 7         1007.21  Readiness for postsecondary education and the

 8  workplace.--

 9         (1)  It is the intent of the Legislature that students

10  and parents set early achievement and career goals for the

11  student's post-high school experience. This section sets forth

12  a model which schools, through their school advisory councils,

13  may choose to implement to ensure that students are ready for

14  postsecondary education and the workplace. If such a program

15  is adopted, students and their parents shall have the option

16  of participating in this model to plan the student's secondary

17  level course of study. Parents and students are to become

18  partners with school personnel in educational choice. Clear

19  academic course expectations shall be made available to all

20  students by allowing both student and parent or guardian

21  choice.

22         (2)(a)  Students entering the 9th grade and their

23  parents shall be active participants in choosing an

24  end-of-high-school student destination based upon both student

25  and parent or guardian goals. Four or more destinations should

26  be available with bridges between destinations to enable

27  students to shift destinations should they choose to change

28  goals. The destinations shall accommodate the needs of

29  students served in exceptional education programs to the

30  extent appropriate for individual students. Exceptional

31  education students may continue to follow the courses outlined

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 1  in the district school board student progression plan.

 2  Participating students and their parents shall choose among

 3  destinations, which must include:

 4         1.  Four-year college or university, community college

 5  plus university, or military academy.

 6         2.  Two-year postsecondary degree.

 7         3.  Postsecondary career and technical certificate.

 8         4.  Immediate employment or entry-level military.

 9         (b)  The student progression model toward a chosen

10  destination shall include:

11         1.  A "path" of core courses leading to each of the

12  destinations provided in paragraph (a).

13         2.  A recommended group of electives which shall help

14  define each path.

15         3.  Provisions for a teacher, school administrator,

16  other school staff member, or community volunteer to be

17  assigned to a student as an "academic advocate" if parental or

18  guardian involvement is lacking.

19         Section 49.  Paragraph (c) of subsection (3) of section

20  1008.22, Florida Statutes, is amended to read:

21         1008.22  Student assessment program for public

22  schools.--

23         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

24  shall design and implement a statewide program of educational

25  assessment that provides information for the improvement of

26  the operation and management of the public schools, including

27  schools operating for the purpose of providing educational

28  services to youth in Department of Juvenile Justice programs.

29  Pursuant to the statewide assessment program, the commissioner

30  shall:

31  

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 1         (c)  Develop and implement a student achievement

 2  testing program known as the Florida Comprehensive Assessment

 3  Test (FCAT) as part of the statewide assessment program, to be

 4  administered annually in grades 3 through 10 to measure

 5  reading, writing, science, and mathematics. Other content

 6  areas may be included as directed by the commissioner. The

 7  testing program must be designed so that:

 8         1.  The tests measure student skills and competencies

 9  adopted by the State Board of Education as specified in

10  paragraph (a). The tests must measure and report student

11  proficiency levels in reading, writing, mathematics, and

12  science. The commissioner shall provide for the tests to be

13  developed or obtained, as appropriate, through contracts and

14  project agreements with private vendors, public vendors,

15  public agencies, postsecondary educational institutions, or

16  school districts. The commissioner shall obtain input with

17  respect to the design and implementation of the testing

18  program from state educators and the public.

19         2.  The testing program will include a combination of

20  norm-referenced and criterion-referenced tests and include, to

21  the extent determined by the commissioner, questions that

22  require the student to produce information or perform tasks in

23  such a way that the skills and competencies he or she uses can

24  be measured.

25         3.  Each testing program, whether at the elementary,

26  middle, or high school level, includes a test of writing in

27  which students are required to produce writings that are then

28  scored by appropriate methods.

29         4.  A score is designated for each subject area tested,

30  below which score a student's performance is deemed

31  

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 1  inadequate. The school districts shall provide appropriate

 2  remedial instruction to students who score below these levels.

 3         5.  Except as provided in s. 1003.43(11)(b), students

 4  must earn a passing score on the grade 10 assessment test

 5  described in this paragraph or on an alternate assessment as

 6  described in subsection (9) in reading, writing, and

 7  mathematics to qualify for a regular high school diploma. The

 8  State Board of Education shall designate a passing score for

 9  each part of the grade 10 assessment test. In establishing

10  passing scores, the state board shall consider any possible

11  negative impact of the test on minority students. All students

12  who took the grade 10 FCAT during the 2000-2001 school year

13  shall be required to earn the passing scores in reading and

14  mathematics established by the State Board of Education for

15  the March 2001 test administration. Such students who did not

16  earn the established passing scores and must repeat the grade

17  10 FCAT are required to earn the passing scores established

18  for the March 2001 test administration. All students who take

19  the grade 10 FCAT for the first time in March 2002 and

20  thereafter shall be required to earn the passing scores in

21  reading and mathematics established by the State Board of

22  Education for the March 2002 test administration. The State

23  Board of Education shall adopt rules which specify the passing

24  scores for the grade 10 FCAT. Any such rules, which have the

25  effect of raising the required passing scores, shall only

26  apply to students taking the grade 10 FCAT for the first time

27  after such rules are adopted by the State Board of Education.

28         6.  Participation in the testing program is mandatory

29  for all students attending public school, including students

30  served in Department of Juvenile Justice programs, except as

31  otherwise prescribed by the commissioner. If a student does

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 1  not participate in the statewide assessment, the district must

 2  notify the student's parent and provide the parent with

 3  information regarding the implications of such

 4  nonparticipation. If modifications are made in the student's

 5  instruction to provide accommodations that would not be

 6  permitted on the statewide assessment tests, the district must

 7  notify the student's parent of the implications of such

 8  instructional modifications. A parent must provide signed

 9  consent for a student to receive instructional modifications

10  that would not be permitted on the statewide assessments and

11  must acknowledge in writing that he or she understands the

12  implications of such accommodations. The State Board of

13  Education shall adopt rules, based upon recommendations of the

14  commissioner, for the provision of test accommodations and

15  modifications of procedures as necessary for students in

16  exceptional education programs and for students who have

17  limited English proficiency. Accommodations that negate the

18  validity of a statewide assessment are not allowable.

19         7.  A student seeking an adult high school diploma must

20  meet the same testing requirements that a regular high school

21  student must meet.

22         8.  District school boards must provide instruction to

23  prepare students to demonstrate proficiency in the skills and

24  competencies necessary for successful grade-to-grade

25  progression and high school graduation. If a student is

26  provided with accommodations or modifications that are not

27  allowable in the statewide assessment program, as described in

28  the test manuals, the district must inform the parent in

29  writing and must provide the parent with information regarding

30  the impact on the student's ability to meet expected

31  proficiency levels in reading, writing, and math. The

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 1  commissioner shall conduct studies as necessary to verify that

 2  the required skills and competencies are part of the district

 3  instructional programs.

 4         9.  The Department of Education must develop, or

 5  select, and implement a common battery of assessment tools

 6  that will be used in all juvenile justice programs in the

 7  state. These tools must accurately measure the skills and

 8  competencies established in the Florida Sunshine State

 9  Standards.

10  

11  The commissioner may design and implement student testing

12  programs, for any grade level and subject area, necessary to

13  effectively monitor educational achievement in the state.

14         Section 50.  Subsection (1) of section 1008.29, Florida

15  Statutes, is amended to read:

16         1008.29  College-level communication and mathematics

17  skills examination (CLAST).--

18         (1)  It is the intent of the Legislature that the

19  examination of college-level communication and mathematics

20  skills provided in s. 1008.345(3) serve as a mechanism for

21  students to demonstrate that they have mastered the academic

22  competencies prerequisite to upper-division undergraduate

23  instruction.  It is further intended that the examination

24  serve as both a summative evaluation instrument prior to

25  student enrollment in upper-division programs and as a source

26  of information for student advisers.  It is not intended that

27  student passage of the examination supplant the need for a

28  student to complete the general education curriculum

29  prescribed by an institution.

30         Section 51.  Subsection (2) of section 1008.32, Florida

31  Statutes, is amended to read:

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 1         1008.32  State Board of Education oversight enforcement

 2  authority.--The State Board of Education shall oversee the

 3  performance of district school boards and public postsecondary

 4  educational institution boards in enforcement of all laws and

 5  rules. District school boards and public postsecondary

 6  educational institution boards shall be primarily responsible

 7  for compliance with law and state board rule.

 8         (2)  The Commissioner of Education may investigate

 9  allegations of noncompliance with law or state board rule and

10  determine probable cause., The commissioner shall report

11  determinations of probable cause to the State Board of

12  Education which shall require the district school board or

13  public postsecondary educational institution board to document

14  compliance with law or state board rule.

15         Section 52.  Subsection (2) of section 1008.37, Florida

16  Statutes, is amended to read:

17         1008.37  Postsecondary feedback of information to high

18  schools.--

19         (2)  The Commissioner of Education shall report, by

20  high school, to the State Board of Education and the

21  Legislature, no later than November 30 31 of each year, on the

22  number of prior year Florida high school graduates who

23  enrolled for the first time in public postsecondary education

24  in this state during the previous summer, fall, or spring

25  term, indicating the number of students whose scores on the

26  common placement test indicated the need for remediation

27  through college-preparatory or vocational-preparatory

28  instruction pursuant to s. 1004.91 or s. 1008.30.

29         Section 53.  Subsection (1) of section 1009.29, Florida

30  Statutes, is amended to read:

31  

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 1         1009.29  Increased fees for funding financial aid

 2  program.--

 3         (1)  Student tuition and registration fees at each

 4  state university and community college shall include up to

 5  $4.68 per quarter, or $7.02 per semester, per full-time

 6  student, or the per-student credit hour equivalents of such

 7  amounts. The fees provided for by this section shall be

 8  adjusted from time to time, as necessary, to comply with the

 9  debt service coverage requirements of the student loan revenue

10  bonds issued pursuant to s. 1009.79. If the Division of Bond

11  Finance of the State Board of Education and the Commissioner

12  of Education determine that such fees are no longer required

13  as security for revenue bonds issued pursuant to ss.

14  1009.78-1009.88, moneys previously collected pursuant to this

15  section which are held in escrow, after administrative

16  expenses have been met and up to $150,000 has been used to

17  establish a financial aid data processing system for the state

18  universities incorporating the necessary features to meet the

19  needs of all 11 nine universities for application through

20  disbursement processing, shall be reallocated to the

21  generating institutions to be used for student financial aid

22  programs, including, but not limited to, scholarships and

23  grants for educational purposes. Upon such determination, such

24  fees shall no longer be assessed and collected.

25         Section 54.  Paragraph (e) of subsection (1) of section

26  1009.531, Florida Statutes, is amended to read:

27         1009.531  Florida Bright Futures Scholarship Program;

28  student eligibility requirements for initial awards.--

29         (1)  To be eligible for an initial award from any of

30  the three types of scholarships under the Florida Bright

31  Futures Scholarship Program, a student must:

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 1         (e)  Not have been found guilty of, or entered a plea

 2  of plead nolo contendere to, a felony charge, unless the

 3  student has been granted clemency by the Governor and Cabinet

 4  sitting as the Executive Office of Clemency.

 5         Section 55.  Paragraph (b) of subsection (1) of section

 6  1009.532, Florida Statutes, is amended to read:

 7         1009.532  Florida Bright Futures Scholarship Program;

 8  student eligibility requirements for renewal awards.--

 9         (1)  To be eligible to renew a scholarship from any of

10  the three types of scholarships under the Florida Bright

11  Futures Scholarship Program, a student must:

12         (b)  Maintain the cumulative grade point average

13  required by the scholarship program, except that:

14         1.  If a recipient's grades fall beneath the average

15  required to renew a Florida Academic Scholarship, but are

16  sufficient to renew a Florida Medallion Scholarship or a

17  Florida Gold Seal Vocational Scholarship, the Department of

18  Education may grant a renewal from one of those other

19  scholarship programs, if the student meets the renewal

20  eligibility requirements;

21         2.  If, at any time during the eligibility period, a

22  student's grades are insufficient to renew the scholarship,

23  the student may restore eligibility by improving the grade

24  point average to the required level. A student is eligible for

25  such a restoration one time reinstatement only once. The

26  Legislature encourages education institutions to assist

27  students to calculate whether or not it is possible to raise

28  the grade point average during the summer term. If the

29  institution determines that it is possible, the education

30  institution may so inform the department, which may reserve

31  the student's award if funds are available. The renewal,

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 1  however, must not be granted until the student achieves the

 2  required cumulative grade point average. If the summer term is

 3  not sufficient to raise the grade point average to the

 4  required renewal level, the student's next opportunity for

 5  renewal is the fall semester of the following academic year;

 6  or

 7         3.  If a student is receiving a Florida Bright Futures

 8  Scholarship, is a servicemember of the Florida National Guard

 9  or United States Reserves while attending a postsecondary

10  institution, is called to active duty or state active duty, as

11  defined in s. 250.01, prior to completing his or her degree,

12  and meets all other requirements for the scholarship, the

13  student shall be eligible to continue the scholarship for 2

14  years after completing active duty or state active duty.

15         Section 56.  Subsections (1) and (3) of section

16  1009.534, Florida Statutes, are amended to read:

17         1009.534  Florida Academic Scholars award.--

18         (1)  A student is eligible for a Florida Academic

19  Scholars award if the student meets the general eligibility

20  requirements for the Florida Bright Futures Scholarship

21  Program and the student:

22         (a)  Has achieved a 3.5 weighted grade point average as

23  calculated pursuant to s. 1009.531, or its equivalent, in high

24  school courses that are designated by the State Board of

25  Education as college-preparatory academic courses; and has

26  attained at least the score identified by rules of the State

27  Board of Education on the combined verbal and quantitative

28  parts of the Scholastic Aptitude Test, the Scholastic

29  Assessment Test, or the recentered Scholastic Assessment Test

30  of the College Entrance Examination, or an equivalent score on

31  the ACT Assessment Program; or

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 1         (b)  Has attended a home education program according to

 2  s. 1002.41 during grades 11 and 12 or has completed the

 3  International Baccalaureate curriculum but failed to earn the

 4  International Baccalaureate Diploma, and has attained at least

 5  the score identified by rules of the State Board Department of

 6  Education on the combined verbal and quantitative parts of the

 7  Scholastic Aptitude Test, the Scholastic Assessment Test, or

 8  the recentered Scholastic Assessment Test of the College

 9  Entrance Examination, or an equivalent score on the ACT

10  Assessment Program; or

11         (c)  Has been awarded an International Baccalaureate

12  Diploma from the International Baccalaureate Office; or

13         (d)  Has been recognized by the merit or achievement

14  programs of the National Merit Scholarship Corporation as a

15  scholar or finalist; or

16         (e)  Has been recognized by the National Hispanic

17  Recognition Program as a scholar recipient.

18  

19  A student must complete a program of community service work,

20  as approved by the district school board or the administrators

21  of a nonpublic school, which shall include a minimum of 75

22  hours of service work and require the student to identify a

23  social problem that interests him or her, develop a plan for

24  his or her personal involvement in addressing the problem,

25  and, through papers or other presentations, evaluate and

26  reflect upon his or her experience.

27         (3)  To be eligible for a renewal award as a Florida

28  Academic Scholar, a student must maintain the equivalent of a

29  cumulative grade point average of 3.0 on a 4.0 scale with an

30  opportunity for restoration one time one reinstatement as

31  provided in this chapter.

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 1         Section 57.  Subsections (1) and (3) of section

 2  1009.535, Florida Statutes, are amended to read:

 3         1009.535  Florida Medallion Scholars award.--

 4         (1)  A student is eligible for a Florida Medallion

 5  Scholars award if the student meets the general eligibility

 6  requirements for the Florida Bright Futures Scholarship

 7  Program and the student:

 8         (a)  Has achieved a weighted grade point average of 3.0

 9  as calculated pursuant to s. 1009.531, or the equivalent, in

10  high school courses that are designated by the State Board of

11  Education as college-preparatory academic courses; and has

12  attained at least the score identified by rules of the State

13  Board of Education on the combined verbal and quantitative

14  parts of the Scholastic Aptitude Test, the Scholastic

15  Assessment Test, or the recentered Scholastic Assessment Test

16  of the College Entrance Examination, or an equivalent score on

17  the ACT Assessment Program; or

18         (b)  Has attended a home education program according to

19  s. 1002.41 during grades 11 and 12 or has completed the

20  International Baccalaureate curriculum but failed to earn the

21  International Baccalaureate Diploma, and has attained at least

22  the score identified by rules of the State Board Department of

23  Education on the combined verbal and quantitative parts of the

24  Scholastic Aptitude Test, the Scholastic Assessment Test, or

25  the recentered Scholastic Assessment Test of the College

26  Entrance Examination, or an equivalent score on the ACT

27  Assessment Program; or

28         (c)  Has been recognized by the merit or achievement

29  program of the National Merit Scholarship Corporation as a

30  scholar or finalist but has not completed a program of

31  community service as provided in s. 1009.534; or

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 1         (d)  Has been recognized by the National Hispanic

 2  Recognition Program as a scholar, but has not completed a

 3  program of community service as provided in s. 1009.534.

 4         (3)  To be eligible for a renewal award as a Florida

 5  Medallion Scholar, a student must maintain the equivalent of a

 6  cumulative grade point average of 2.75 on a 4.0 scale with an

 7  opportunity for restoration reinstatement one time as provided

 8  in this chapter.

 9         Section 58.  Subsection (3) of section 1009.536,

10  Florida Statutes, is amended to read:

11         1009.536  Florida Gold Seal Vocational Scholars

12  award.--The Florida Gold Seal Vocational Scholars award is

13  created within the Florida Bright Futures Scholarship Program

14  to recognize and reward academic achievement and career and

15  technical preparation by high school students who wish to

16  continue their education.

17         (3)  To be eligible for a renewal award as a Florida

18  Gold Seal Vocational Scholar, a student must maintain the

19  equivalent of a cumulative grade point average of 2.75 on a

20  4.0 scale with an opportunity for restoration reinstatement

21  one time as provided in this chapter.

22         Section 59.  Subsection (2) of section 1009.58, Florida

23  Statutes, is amended to read:

24         1009.58  Critical teacher shortage tuition

25  reimbursement program.--

26         (2)  The State Board of Education shall adopt rules to

27  implement the critical teacher shortage tuition reimbursement

28  program. Any full-time public school employee or lab

29  developmental research school employee certified to teach in

30  this state is eligible for the program. For the purposes of

31  this program, tuition reimbursement shall be limited to

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 1  courses in critical teacher shortage areas as determined by

 2  the State Board of Education. Such courses shall be:

 3         (a)  Graduate-level courses leading to a master's,

 4  specialist, or doctoral degree;

 5         (b)  Graduate-level courses leading to a new

 6  certification area; or

 7         (c)  State-approved undergraduate courses leading to an

 8  advanced degree or new certification area.

 9         Section 60.  Section 1009.61, Florida Statutes, is

10  amended to read:

11         1009.61  Teacher/Quest Scholarship Program.--The

12  Teacher/Quest Scholarship Program is created for the purpose

13  of providing teachers with the opportunity to enhance their

14  knowledge of science, mathematics, and computer applications

15  in business, industry, and government. A school district or

16  lab developmental research school may propose that one or more

17  teachers be granted a Teacher/Quest Scholarship by submitting

18  to the Department of Education:

19         (1)  A project proposal specifying activities a teacher

20  will carry out to improve his or her:

21         (a)  Understanding of mathematical, scientific, or

22  computing concepts;

23         (b)  Ability to apply and demonstrate such concepts

24  through instruction;

25         (c)  Knowledge of career and technical requirements for

26  competency in mathematics, science, and computing; and

27         (d)  Ability to integrate and apply technological

28  concepts from all three fields; and

29         (2)  A contractual agreement with a private corporation

30  or governmental agency that implements the project proposal

31  and guarantees employment to the teacher during a summer or

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 1  other period when schools are out of session. The agreement

 2  must stipulate a salary rate that does not exceed regular

 3  rates of pay and a gross salary amount consistent with

 4  applicable statutory and contractual provisions for the

 5  teacher's employment. The teacher's compensation shall be

 6  provided for on an equally matched basis by funds from the

 7  employing corporation or agency.

 8         Section 61.  Section 1009.765, Florida Statutes, is

 9  amended to read:

10         1009.765  Ethics in Business scholarships for community

11  colleges and independent postsecondary educational

12  institutions.--When the Department of Insurance or the Office

13  of Insurance Regulation of the Financial Services Commission

14  receives a $6 million settlement as specified in the Consent

15  Order of the Treasurer and Insurance Commissioner, case number

16  18900-96-c, that portion of the $6 million not used to satisfy

17  the requirements of section 18 of the Consent Order must be

18  transferred from the Insurance Regulatory Trust Fund to the

19  State Student Financial Assistance Trust Fund is appropriated

20  from the State Student Financial Assistance Trust Fund to

21  provide Ethics in Business scholarships to students enrolled

22  in public community colleges and independent postsecondary

23  educational institutions eligible to participate in the

24  William L. Boyd, IV, Florida Resident Access Grant Program

25  under s. 1009.89. The funds shall be allocated to institutions

26  for scholarships in the following ratio: Two-thirds for

27  community colleges and one-third for eligible independent

28  institutions. The Department of Education shall administer the

29  scholarship program for students attending community colleges

30  and independent institutions. These funds must be allocated to

31  institutions that provide an equal amount of matching funds

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 1  generated by private donors for the purpose of providing

 2  Ethics in Business scholarships. Public funds may not be used

 3  to provide the match, nor may funds collected for other

 4  purposes. Notwithstanding any other provision of law, the

 5  State Board of Administration shall have the authority to

 6  invest the funds appropriated under this section. The State

 7  Board Department of Education may adopt rules for

 8  administration of the program.

 9         Section 62.  Subsection (7) of section 1009.77, Florida

10  Statutes, is amended to read:

11         1009.77  Florida Work Experience Program.--

12         (7)  The State Board Department of Education shall

13  prescribe such rules for the program as are necessary for its

14  administration, for the determination of eligibility and

15  selection of institutions to receive funds for students, to

16  ensure the proper expenditure of funds, and to provide an

17  equitable distribution of funds between students at public and

18  independent colleges and universities.

19         Section 63.  Subsection (5) of section 1010.215,

20  Florida Statutes, is amended to read:

21         1010.215  Educational funding accountability.--

22         (5)  The annual school public accountability report

23  required by ss. 1001.42(16) and 1008.345 must include a school

24  financial report. The purpose of the school financial report

25  is to better inform parents and the public concerning how

26  funds revenues were spent to operate the school during the

27  prior fiscal year. Each school's financial report must follow

28  a uniform, districtwide format that is easy to read and

29  understand.

30         (a)  Total revenue must be reported at the school,

31  district, and state levels. The revenue sources that must be

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 1  addressed are state and local funds, other than lottery funds;

 2  lottery funds; federal funds; and private donations.

 3         (b)  Expenditures must be reported as the total

 4  expenditures per unweighted full-time equivalent student at

 5  the school level and the average expenditures per full-time

 6  equivalent student at the district and state levels in each of

 7  the following categories and subcategories:

 8         1.  Teachers, excluding substitute teachers, and

 9  education paraprofessionals who provide direct classroom

10  instruction to students enrolled in programs classified by s.

11  1011.62 as:

12         a.  Basic programs;

13         b.  Students-at-risk programs;

14         c.  Special programs for exceptional students;

15         d.  Career education programs; and

16         e.  Adult programs.

17         2.  Substitute teachers.

18         3.  Other instructional personnel, including

19  school-based instructional specialists and their assistants.

20         4.  Contracted instructional services, including

21  training for instructional staff and other contracted

22  instructional services.

23         5.  School administration, including school-based

24  administrative personnel and school-based education support

25  personnel.

26         6.  The following materials, supplies, and operating

27  capital outlay:

28         a.  Textbooks;

29         b.  Computer hardware and software;

30         c.  Other instructional materials;

31         d.  Other materials and supplies; and

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 1         e.  Library media materials.

 2         7.  Food services.

 3         8.  Other support services.

 4         9.  Operation and maintenance of the school plant.

 5         (c)  The school financial report must also identify the

 6  types of district-level expenditures that support the school's

 7  operations. The total amount of these district-level

 8  expenditures must be reported and expressed as total

 9  expenditures per full-time equivalent student.

10         Section 64.  Section 1010.75, Florida Statutes, is

11  amended to read:

12         1010.75  Teacher Certification Examination Trust

13  Fund.--The proceeds for the certification examination fee

14  levied pursuant to s. 1012.59 shall be remitted by the

15  Department of Education to the Chief Financial Officer for

16  deposit into and disbursed from for the "Teacher Certification

17  Examination Trust Fund" as re-created by chapter 99-28, Laws

18  of Florida.

19         Section 65.  Section 1011.24, Florida Statutes, is

20  amended to read:

21         1011.24  Special district units.--For the purposes of

22  funding through this chapter and chapter 1013, lab

23  developmental research schools shall be designated as special

24  school districts. Such districts shall be accountable to the

25  Department of Education for budget requests and reports on

26  expenditures.

27         Section 66.  Subsection (2) of section 1011.47, Florida

28  Statutes, is amended to read:

29         1011.47  Auxiliary enterprises; contracts, grants, and

30  donations.--As used in s. 19(f)(3), Art. III of the State

31  Constitution, the term:

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 1         (2)  "Contracts, grants, and donations" includes

 2  noneducational and general funding sources in support of

 3  research, public services, and training. The term includes

 4  grants and donations, sponsored-research contracts, and

 5  Department of Education funding for lab developmental research

 6  schools and other activities for which the funds are deposited

 7  outside the State Treasury.

 8         Section 67.  Subsection (2) of section 1011.60, Florida

 9  Statutes, is amended to read:

10         1011.60  Minimum requirements of the Florida Education

11  Finance Program.--Each district which participates in the

12  state appropriations for the Florida Education Finance Program

13  shall provide evidence of its effort to maintain an adequate

14  school program throughout the district and shall meet at least

15  the following requirements:

16         (2)  MINIMUM TERM.--Operate all schools for a term of

17  at least 180 actual teaching days as prescribed in s.

18  1003.01(14) or the equivalent on an hourly basis as specified

19  by rules of the State Board of Education each school year. The

20  State Board of Education may prescribe procedures for

21  altering, and, upon written application, may alter, this

22  requirement during a national, state, or local emergency as it

23  may apply to an individual school or schools in any district

24  or districts if, in the opinion of the board, it is not

25  feasible to make up lost days, and the apportionment may, at

26  the discretion of the Commissioner of Education and if the

27  board determines that the reduction of school days is caused

28  by the existence of a bona fide emergency, be reduced for such

29  district or districts in proportion to the decrease in the

30  length of term in any such school or schools. A strike, as

31  

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 1  defined in s. 447.203(6), by employees of the school district

 2  may not be considered an emergency.

 3         Section 68.  Paragraphs (f) and (h) of subsection (1)

 4  of section 1011.62, Florida Statutes, are amended to read:

 5         1011.62  Funds for operation of schools.--If the annual

 6  allocation from the Florida Education Finance Program to each

 7  district for operation of schools is not determined in the

 8  annual appropriations act or the substantive bill implementing

 9  the annual appropriations act, it shall be determined as

10  follows:

11         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

12  OPERATION.--The following procedure shall be followed in

13  determining the annual allocation to each district for

14  operation:

15         (f)  Supplemental academic instruction; categorical

16  fund.--

17         1.  There is created a categorical fund to provide

18  supplemental academic instruction to students in kindergarten

19  through grade 12. This paragraph may be cited as the

20  "Supplemental Academic Instruction Categorical Fund."

21         2.  Categorical funds for supplemental academic

22  instruction shall be allocated annually to each school

23  district in the amount provided in the General Appropriations

24  Act. These funds shall be in addition to the funds

25  appropriated on the basis of FTE student membership in the

26  Florida Education Finance Program and shall be included in the

27  total potential funds of each district. These funds shall be

28  used to provide supplemental academic instruction to students

29  enrolled in the K-12 program. Supplemental instruction

30  strategies may include, but are not limited to: modified

31  curriculum, reading instruction, after-school instruction,

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 1  tutoring, mentoring, class size reduction, extended school

 2  year, intensive skills development in summer school, and other

 3  methods for improving student achievement. Supplemental

 4  instruction may be provided to a student in any manner and at

 5  any time during or beyond the regular 180-day term identified

 6  by the school as being the most effective and efficient way to

 7  best help that student progress from grade to grade and to

 8  graduate.

 9         3.  Effective with the 1999-2000 fiscal year, funding

10  on the basis of FTE membership beyond the 180-day regular term

11  shall be provided in the FEFP only for students enrolled in

12  juvenile justice education programs. Funding for instruction

13  beyond the regular 180-day school year for all other K-12

14  students shall be provided through the supplemental academic

15  instruction categorical fund and other state, federal, and

16  local fund sources with ample flexibility for schools to

17  provide supplemental instruction to assist students in

18  progressing from grade to grade and graduating.

19         4.  The Florida State University School, as a lab

20  developmental research school, is authorized to expend from

21  its FEFP or Lottery Enhancement Trust Fund allocation the cost

22  to the student of remediation in reading, writing, or

23  mathematics for any graduate who requires remediation at a

24  postsecondary educational institution.

25         5.  Beginning in the 1999-2000 school year, dropout

26  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),

27  (b), and (c), and 1003.54 shall be included in group 1

28  programs under subparagraph (d)3.

29         (h)  Small, isolated high schools.--Districts which

30  levy the maximum nonvoted discretionary millage, exclusive of

31  millage for capital outlay purposes levied pursuant to s.

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 1  1011.71(2), may calculate full-time equivalent students for

 2  small, isolated high schools by multiplying the number of

 3  unweighted full-time equivalent students times 2.75; provided

 4  the school has attained a performance grade category "C" or

 5  better, pursuant to s. 1008.34, for the previous year

 6  percentage of students at such school passing both parts of

 7  the high school competency test, as defined by law and rule,

 8  has been equal to or higher than such percentage for the state

 9  or district, whichever is greater. For the purpose of this

10  section, the term "small, isolated high school" means any high

11  school which is located no less than 28 miles by the shortest

12  route from another high school; which has been serving

13  students primarily in basic studies provided by

14  sub-subparagraphs (c)1.b. and c. and may include subparagraph

15  (c)4.; and which has a membership of no more than 100

16  students, but no fewer than 28 students, in grades 9 through

17  12.

18         Section 69.  Subsections (2) and (5) of section

19  1011.70, Florida Statutes, are amended to read:

20         1011.70  Medicaid certified school funding

21  maximization.--

22         (2)  The Agency for Health Care Administration

23  Department of Education shall monitor compliance of each

24  participating school district with the Medicaid provider

25  agreements. In addition, the Agency for Health Care

26  Administration department shall develop standardized

27  recordkeeping procedures for the school districts that meet

28  Medicaid requirements for audit purposes.

29         (5)  Lab Developmental research schools, as authorized

30  under s. 1002.32, shall be authorized to participate in the

31  Medicaid certified school match program on the same basis as

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 1  school districts subject to the provisions of subsections

 2  (1)-(4) and ss. 409.9071 and 409.908(21).

 3         Section 70.  Paragraph (a) of subsection (1) and

 4  paragraph (a) of subsection (3) of section 1012.585, Florida

 5  Statutes, are amended to read:

 6         1012.585  Process for renewal of professional

 7  certificates.--

 8         (1)(a)  District school boards shall renew state-issued

 9  professional certificates as follows:

10         1.  Each district school board shall renew state-issued

11  professional certificates for individuals who hold a

12  state-issued professional certificate and are employed by that

13  district pursuant to criteria established in subsections (2),

14  (3), and (4) and rules of the State Board of Education.

15         2.  The employing school district may charge the

16  individual an application fee not to exceed the amount charged

17  by the Department of Education for such services, including

18  associated late renewal fees. Each district school board shall

19  transmit monthly to the department a fee in an amount

20  established by the State Board of Education for each renewed

21  certificate. The fee shall not exceed the actual cost for

22  maintenance and operation of the statewide certification

23  database and for the actual costs incurred in printing and

24  mailing such renewed certificates. As defined in current rules

25  of the state board, the department shall contribute a portion

26  of such fee for purposes of funding the Educator Recovery

27  Network established in s. 1012.798. The department shall

28  deposit all funds into the Educational Certification and

29  Service Trust Fund for use as specified in s. 1012.59.

30         (3)  For the renewal of a professional certificate, the

31  following requirements must be met:

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 1         (a)  The applicant must earn a minimum of 6 college

 2  credits or 120 inservice points or a combination thereof. For

 3  each area of specialization to be retained on a certificate,

 4  the applicant must earn at least 3 of the required credit

 5  hours or equivalent inservice points in the specialization

 6  area. Education in "clinical educator" training pursuant to s.

 7  1004.04(6)(b) and credits or points that provide training in

 8  the area of scientifically researched, knowledge-based reading

 9  literacy and computational skills acquisition, exceptional

10  student education, normal child development, and the disorders

11  of development may be applied toward any specialization area.

12  Credits or points that provide training in the areas of drug

13  abuse, child abuse and neglect, strategies in teaching

14  students having limited proficiency in English, or dropout

15  prevention, or training in areas identified in the educational

16  goals and performance standards adopted pursuant to ss.

17  1000.03(5) and 1008.345 1001.23 may be applied toward any

18  specialization area. Credits or points earned through approved

19  summer institutes may be applied toward the fulfillment of

20  these requirements. Inservice points may also be earned by

21  participation in professional growth components approved by

22  the State Board of Education and specified pursuant to s.

23  1012.98 in the district's approved master plan for inservice

24  educational training, including, but not limited to, serving

25  as a trainer in an approved teacher training activity, serving

26  on an instructional materials committee or a state board or

27  commission that deals with educational issues, or serving on

28  an advisory council created pursuant to s. 1001.452.

29         Section 71.  Section 1012.62, Florida Statutes, is

30  amended to read:

31  

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 1         1012.62  Transfer of sick leave and annual leave.--In

 2  implementing the provisions of ss. 402.22(1)(d) and

 3  1001.42(4)(m) 1001.42(4)(n), educational personnel in

 4  Department of Children and Family Services residential care

 5  facilities who are employed by a district school board may

 6  request, and the district school board shall accept, a

 7  lump-sum transfer of accumulated sick leave for such personnel

 8  to the maximum allowed by policies of the district school

 9  board, notwithstanding the provisions of s. 110.122.

10  Educational personnel in Department of Children and Family

11  Services residential care facilities who are employed by a

12  district school board under the provisions of s. 402.22(1)(d)

13  may request, and the district school board shall accept, a

14  lump-sum transfer of accumulated annual leave for each person

15  employed by the district school board in a position in the

16  district eligible to accrue vacation leave under policies of

17  the district school board.

18         Section 72.  Paragraph (b) of subsection (7) of section

19  1012.79, Florida Statutes, is amended to read:

20         1012.79  Education Practices Commission;

21  organization.--

22         (7)  The duties and responsibilities of the commission

23  are to:

24         (b)  Revoke or suspend a certificate or take other

25  appropriate action as provided in ss. 1012.795 1012.56 and

26  1012.796.

27         Section 73.  Subsection (2) of section 1012.795,

28  Florida Statutes, is amended to read:

29         1012.795  Education Practices Commission; authority to

30  discipline.--

31  

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 1         (2)  The plea of guilty in any court, the decision of

 2  guilty by any court, the forfeiture by the teaching

 3  certificateholder of a bond in any court of law, or the

 4  written acknowledgment, duly witnessed, of offenses listed in

 5  subsection (1) to the district school superintendent or a duly

 6  appointed representative of such superintendent or to the

 7  district school board shall be prima facie proof of grounds

 8  for revocation of the certificate as listed in subsection (1)

 9  in the absence of proof by the certificateholder that the plea

10  of guilty, forfeiture of bond, or admission of guilt was

11  caused by threats, coercion, or fraudulent means.

12         Section 74.  Paragraph (c) of subsection (1) of section

13  1012.796, Florida Statutes, amended to read:

14         1012.796  Complaints against teachers and

15  administrators; procedure; penalties.--

16         (1)

17         (c)  Each school district shall file in writing with

18  the department all legally sufficient complaints within 30

19  days after the date on which subject matter of the complaint

20  comes to the attention of the school district. The school

21  district shall include all information relating to the

22  complaint which is known to the school district at the time of

23  filing. Each district school board shall develop policies and

24  procedures to comply with this reporting requirement. The

25  district school board policies and procedures shall include

26  appropriate penalties for all personnel of the district school

27  board for nonreporting and procedures for promptly informing

28  the district school superintendent of each legally sufficient

29  complaint. The district school superintendent is charged with

30  knowledge of these policies and procedures. If the district

31  school superintendent has knowledge of a legally sufficient

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 1  complaint and does not report the complaint, or fails to

 2  enforce the policies and procedures of the district school

 3  board, and fails to comply with the requirements of this

 4  subsection, in addition to other actions against

 5  certificateholders authorized by law, the district school

 6  superintendent shall be subject to penalties as specified in

 7  s. 1001.51(12) 1001.51(13). This paragraph does not limit or

 8  restrict the power and duty of the department to investigate

 9  complaints as provided in paragraphs (a) and (b), regardless

10  of the school district's untimely filing, or failure to file,

11  complaints and followup reports.

12         Section 75.  Paragraph (b) of subsection (4) of section

13  1012.98, Florida Statutes, is amended to read:

14         1012.98  School Community Professional Development

15  Act.--

16         (4)  The Department of Education, school districts,

17  schools, community colleges, and state universities share the

18  responsibilities described in this section. These

19  responsibilities include the following:

20         (b)  Each school district shall develop a professional

21  development system. The system shall be developed in

22  consultation with teachers and representatives of community

23  college and state university faculty, community agencies, and

24  other interested citizen groups to establish policy and

25  procedures to guide the operation of the district professional

26  development program.  The professional development system

27  must:

28         1.  Be approved by the department. All substantial

29  revisions to the system shall be submitted to the department

30  for review for continued approval.

31  

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 1         2.  Require the use of student achievement data; school

 2  discipline data; school environment surveys; assessments of

 3  parental satisfaction; performance appraisal data of teachers,

 4  managers, and administrative personnel; and other performance

 5  indicators to identify school and student needs that can be

 6  met by improved professional performance.

 7         3.  Provide inservice activities coupled with followup

 8  support that are appropriate to accomplish district-level and

 9  school-level improvement goals and standards. The inservice

10  activities for instructional personnel shall primarily focus

11  on subject content and teaching methods, including technology,

12  as related to the Sunshine State Standards, assessment and

13  data analysis, classroom management, parent involvement, and

14  school safety.

15         4.  Include a master plan for inservice activities,

16  pursuant to rules of the State Board of Education, for all

17  district employees from all fund sources. The master plan

18  shall be updated annually by September 1 using criteria for

19  continued approval as specified by rules of the State Board of

20  Education. Written verification that the inservice plan meets

21  all requirements of this section must be submitted annually to

22  the commissioner by October 1.

23         5.  Require each school principal to establish and

24  maintain an individual professional development plan for each

25  instructional employee assigned to the school. The individual

26  professional development plan must:

27         a.  Be related to specific performance data for the

28  students to whom the teacher is assigned.

29         b.  Define the inservice objectives and specific

30  measurable improvements expected in student performance as a

31  result of the inservice activity.

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 1         c.  Include an evaluation component that determines the

 2  effectiveness of the professional development plan.

 3         6.  Include inservice activities for school

 4  administrative personnel that address updated skills necessary

 5  for effective school management and instructional leadership.

 6         7.  Provide for systematic consultation with regional

 7  and state personnel designated to provide technical assistance

 8  and evaluation of local professional development programs.

 9         8.  Provide for delivery of professional development by

10  distance learning and other technology-based delivery systems

11  to reach more educators at lower costs.

12         9.  Provide for the continuous evaluation of the

13  quality and effectiveness of professional development programs

14  in order to eliminate ineffective programs and strategies and

15  to expand effective ones. Evaluations must consider the impact

16  of such activities on the performance of participating

17  educators and their students' achievement and behavior.

18         Section 76.  Subsection (6) of section 1013.73, Florida

19  Statutes, is amended to read:

20         1013.73  Effort index grants for school district

21  facilities.--

22         (6)  A school district may receive a distribution for

23  use pursuant to paragraph (3)(a) only if the district school

24  board certifies to the Commissioner of Education that the

25  district has no unmet need for permanent classroom facilities

26  in its 5-year capital outlay work plan. If the work plan

27  contains such unmet needs, the district must use its

28  distribution for the payment of bonds under paragraph (3)(b)

29  (2)(b). If the district does not require its full bonded

30  distribution to eliminate such unmet needs, it may bond only

31  that portion of its allocation necessary to meet the needs.

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    Florida Senate - 2004                            CS for SB 340
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 1         Section 77.  Subsection (1) of section 1013.74, Florida

 2  Statutes, is amended to read:

 3         1013.74  University authorization for fixed capital

 4  outlay projects.--

 5         (1)  Notwithstanding the provisions of chapter 216,

 6  including s. 216.351, a university may accomplish fixed

 7  capital outlay projects consistent with the provisions of this

 8  section. Projects authorized by this section shall not require

 9  educational plant survey approval as prescribed in this

10  chapter 235.

11         Section 78.  Paragraphs (g) and (h) of subsection (2)

12  of section 445.049, subsection (24) of section 1002.33, and

13  section 1006.57, Florida Statutes, are repealed.

14         Section 79.  Effective upon this act becoming a law and

15  applicable retroactive to June 30, 2004, subsection (10) of

16  section 1010.10, Florida Statutes, as created by section 13 of

17  chapter 2003-399, Laws of Florida, is repealed.

18         Section 80.  This act shall take effect upon becoming a

19  law.

20  

21  

22  

23  

24  

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26  

27  

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    Florida Senate - 2004                            CS for SB 340
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 340

 3                                 

 4  The committee substitute is a technical cleanup bill of
    chapter 2002-387, Laws of Florida, the school code rewrite.
 5  The committee substitute:

 6       eliminates obsolete boards;

 7       corrects cross-references;

 8       corrects the names of certain trust funds and entities;

 9       consolidates rulemaking authority in the State Board of
              Education;
10  
         eliminates the authority of the State Board of Education
11            to waive law;

12       makes permanent the university provisions relating to
              deferred compensation, the consolidated equipment
13            financing program, and self-insurance for purposes
              of workers' compensation, and Uniform Management of
14            Institutional Funds Act that were adopted in chapter
              2003-399, Laws of Florida;
15  
         reconciles bills passed during the 2002 Legislative
16            Session with the school code rewrite;

17       updates the Florida Education Finance Program provisions
              relating to certain, small, isolated high schools by
18            substituting an equivalent score on the Florida
              Comprehensive Assessment Test for the obsolete High
19            School Competency Test; and

20       restores and codifies existing practice with respect to
              calculating elected district school superintendent
21            salaries.

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