| 1 | A bill to be entitled |
| 2 | An act relating to career education; revising terminology |
| 3 | relating to career, technical, vocational, and workforce |
| 4 | education; amending s. 1002.34, F.S.; allowing charter |
| 5 | technical career center sponsors to submit full-time |
| 6 | enrollment membership data as defined in the charter |
| 7 | agreement; deleting requirements relating to the number of |
| 8 | days of instruction; creating s. 1003.431, F.S.; providing |
| 9 | for a career education certification on a high school |
| 10 | diploma; providing academic requirements for students |
| 11 | enrolled in comprehensive career education programs; |
| 12 | requiring the State Board of Education to define and |
| 13 | specify by rule courses and experiences consistent with a |
| 14 | comprehensive career education program; authorizing the |
| 15 | State Board of Education to adopt by rule a standard |
| 16 | format for career education certification; allowing |
| 17 | incentive funding to school districts for students |
| 18 | receiving the certification; amending s. 1003.491, F.S.; |
| 19 | providing certain responsibilities for district school |
| 20 | boards and superintendents relating to career education |
| 21 | certification; creating s. 1003.492, F.S.; providing for |
| 22 | coordination of career education programs with industry; |
| 23 | requiring the State Board of Education to adopt rules for |
| 24 | implementing an industry certification process; requiring |
| 25 | the Department of Education to study student performance |
| 26 | in industry-certified career education programs; requiring |
| 27 | a study by the Department of Education to determine the |
| 28 | need for cost factors or startup funding for industry- |
| 29 | certified career education programs; creating s. 1006.025, |
| 30 | F.S.; requiring district school boards to submit guidance |
| 31 | reports to the Commissioner of Education and providing |
| 32 | requirements thereof; amending s. 1012.01, F.S.; revising |
| 33 | a personnel classification title; amending s. 1011.80, |
| 34 | F.S.; repealing the Florida Workforce Development |
| 35 | Education Fund; redesignating adult technical education |
| 36 | programs as workforce education programs; revising |
| 37 | requirements for funding; requiring reporting and cost |
| 38 | analysis; amending ss. 1009.22 and 1011.83, F.S.; deleting |
| 39 | references to the Florida Workforce Development Education |
| 40 | Fund; requiring the Agency for Workforce Innovation and |
| 41 | the Council for Education Policy Research and Improvement |
| 42 | to study the need for new and expanded apprenticeship and |
| 43 | other workforce education programs; requiring a report of |
| 44 | findings and recommendations; requiring the Commissioner |
| 45 | of Education to convene a study group to investigate |
| 46 | workforce education issues; requiring the study group to |
| 47 | submit a report with recommendations for modifications to |
| 48 | the workforce education system; amending ss. 20.18, |
| 49 | 110.1099, 112.19, 112.191, 112.1915, 238.01, 250.10, |
| 50 | 250.482, 288.047, 288.9511, 292.05, 292.10, 295.02, |
| 51 | 295.125, 339.0805, 364.508, 376.0705, 380.0651, 402.305, |
| 52 | 402.3051, 403.716, 414.0252, 420.0004, 420.524, 420.602, |
| 53 | 440.16, 443.171, 445.003, 445.004, 445.009, 445.012, |
| 54 | 445.0123, 445.024, 445.049, 446.011, 446.052, 446.22, |
| 55 | 475.17, 475.451, 475.617, 475.6175, 475.618, 475.627, |
| 56 | 494.0029, 509.302, 553.841, 790.06, 790.115, 810.095, |
| 57 | 943.14, 948.015, 948.09, 958.12, 985.03, 985.315, 1000.04, |
| 58 | 1000.05, 1001.42, 1001.44, 1001.452, 1001.453, 1001.64, |
| 59 | 1002.01, 1002.20, 1002.22, 1002.38, 1002.42, 1003.01, |
| 60 | 1003.02, 1003.43, 1003.47, 1003.51, 1003.52, 1004.02, |
| 61 | 1004.04, 1004.07, 1004.54, 1004.65, 1004.73, 1004.91, |
| 62 | 1004.92, 1004.93, 1004.98, 1005.02, 1005.06, 1005.21, |
| 63 | 1006.035, 1006.051, 1006.21, 1006.31, 1007.21, 1007.23, |
| 64 | 1007.24, 1007.25, 1007.27, 1007.271, 1008.37, 1008.385, |
| 65 | 1008.405, 1008.41, 1008.42, 1008.43, 1008.45, 1009.23, |
| 66 | 1009.25, 1009.40, 1009.532, 1009.533, 1009.536, 1009.55, |
| 67 | 1009.61, 1009.64, 1009.98, 1010.20, 1010.58, 1011.62, |
| 68 | 1011.68, 1012.01, 1012.39, 1012.41, 1012.43, 1013.03, |
| 69 | 1013.31, 1013.64, and 1013.75, F.S., to conform; providing |
| 70 | an effective date. |
| 71 |
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| 72 | Be It Enacted by the Legislature of the State of Florida: |
| 73 |
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| 74 | Section 1. Subsection (11) of section 1002.34, Florida |
| 75 | Statutes, is amended to read: |
| 76 | 1002.34 Charter technical career centers.-- |
| 77 | (11) FUNDING.-- |
| 78 | (a) Notwithstanding any other provision of law, a charter |
| 79 | technical career center's student membership enrollment must be |
| 80 | calculated pursuant to this section. |
| 81 | (b)(a) Each district school board and community college |
| 82 | that sponsors a charter technical career center shall pay |
| 83 | directly to the center an amount stated in the charter. State |
| 84 | funding shall be generated for the center for its student |
| 85 | enrollment and program outcomes as provided in law. A center is |
| 86 | eligible for funding from workforce education funds the Florida |
| 87 | Workforce Development Education Fund, the Florida Education |
| 88 | Finance Program, and the Community College Program Fund, |
| 89 | depending upon the programs conducted by the center. |
| 90 | (c)(b) A center may receive other state and federal aid, |
| 91 | grants, and revenue through the district school board or |
| 92 | community college board of trustees. |
| 93 | (d)(c) A center may receive gifts and grants from private |
| 94 | sources. |
| 95 | (e)(d) A center may not levy taxes or issue bonds, but it |
| 96 | may charge a student tuition fee consistent with authority |
| 97 | granted in its charter and permitted by law. |
| 98 | (f)(e) A center shall provide for an annual financial |
| 99 | audit in accordance with s. 218.39. |
| 100 | (g) A center must define in the charter agreement the |
| 101 | delivery system in which the instructional offering of |
| 102 | educational services will be placed. The rules governing this |
| 103 | delivery system must be applied to all of the center's students |
| 104 | and must authorize all other sponsoring educational systems to |
| 105 | report required enrollment and student data based solely on the |
| 106 | rules of the offering institution. Each sponsor shall earn full- |
| 107 | time equivalent membership for each student for funding and |
| 108 | reporting purposes. |
| 109 | (f) A center must provide instruction for at least the |
| 110 | number of days required by law for other public schools or |
| 111 | community colleges, as appropriate, and may provide instruction |
| 112 | for additional days. |
| 113 | Section 2. Section 1003.431, Florida Statutes, is created |
| 114 | to read: |
| 115 | 1003.431 Career education certification.-- |
| 116 | (1) A student who fulfills the following requirements |
| 117 | shall be recognized with a career education certification on his |
| 118 | or her high school diploma: |
| 119 | (a) Completion of the requirements for high school |
| 120 | graduation as provided in s. 1003.429 or s. 1003.43 and the |
| 121 | additional requirements for a comprehensive career education |
| 122 | program of study as provided in subsection (2). |
| 123 | (b) A passing score on the college entry-level placement |
| 124 | test or an equivalent test identified by the Department of |
| 125 | Education with a score adequate to enroll in a public |
| 126 | postsecondary educational program without the need for college |
| 127 | preparatory or career preparatory instruction. |
| 128 | (2) A comprehensive program of study in career education |
| 129 | shall be designed to prepare a student to continue his or her |
| 130 | education at a postsecondary educational institution and obtain |
| 131 | employment. A comprehensive career education program of study |
| 132 | must require of each student: |
| 133 | (a) Completion of academic courses with a designation from |
| 134 | the Department of Education of level two or above. All credits |
| 135 | earned to meet graduation requirements in mathematics, science, |
| 136 | and communication must have that designation. |
| 137 | (b) Attainment of at least one occupational completion |
| 138 | point in an industry-certified career education program or |
| 139 | completion of at least two courses in a technology education |
| 140 | program. |
| 141 | (c) Completion of a one-credit course addressing workplace |
| 142 | readiness skills. The course requirement may be satisfied by |
| 143 | infusing course content into an existing select career and |
| 144 | education course. The State Board of Education shall define by |
| 145 | rule the content of the course and shall ensure that the course |
| 146 | meets graduation requirements for performing fine arts or |
| 147 | practical arts. |
| 148 | (d) Participation in work-based learning experiences, as |
| 149 | defined by rule by the State Board of Education. |
| 150 | (e) Participation in a capstone activity that includes a |
| 151 | project related to a career. This activity is designed to apply |
| 152 | and demonstrate the competencies and concepts attained in the |
| 153 | student's program of study. The State Board of Education may |
| 154 | specify by rule characteristics of capstone activities that meet |
| 155 | the intent of this paragraph. |
| 156 | (3) The career education certification indicates that the |
| 157 | student is prepared to continue into postsecondary education |
| 158 | without the need for remediation and that the student has |
| 159 | marketable employment skills. The State Board of Education may |
| 160 | adopt by rule a standard format for the certification. |
| 161 | (4) A school district is not required to offer a |
| 162 | comprehensive career education program pursuant to this section. |
| 163 | However, for each student who receives the career education |
| 164 | certification on his or her high school diploma, the school |
| 165 | district may receive incentive funding contingent upon funding |
| 166 | in the annual General Appropriations Act. |
| 167 | (5) A school district that generates funds as a result of |
| 168 | incentive funding for student achievement of the career |
| 169 | education certification on the high school diploma must expend |
| 170 | the total amount on the comprehensive career education program |
| 171 | of study. The school district may not apply indirect charges to |
| 172 | incentive funds earned. |
| 173 | Section 3. Subsection (1) of section 1003.491, Florida |
| 174 | Statutes, is amended, and subsection (3) is added to said |
| 175 | section, to read: |
| 176 | 1003.491 Career and technical education.-- |
| 177 | (1) School board, superintendent, and school |
| 178 | accountability for career and technical education within |
| 179 | elementary and secondary schools includes, but is not limited |
| 180 | to: |
| 181 | (a) Student exposure to a variety of careers and provision |
| 182 | of instruction to explore specific careers in greater depth. |
| 183 | (b) Student awareness of available career and technical |
| 184 | programs and the corresponding occupations into which such |
| 185 | programs lead. |
| 186 | (c) Student development of individual career plans. |
| 187 | (d) Integration of academic and career and technical |
| 188 | skills in the secondary curriculum. |
| 189 | (e) Student preparation to enter the workforce and enroll |
| 190 | in postsecondary education without being required to complete |
| 191 | college preparatory or career vocational preparatory |
| 192 | instruction. |
| 193 | (f) Student retention in school through high school |
| 194 | graduation. |
| 195 | (g) Career education and technical curriculum articulation |
| 196 | with corresponding postsecondary programs in the career local |
| 197 | area technical center or community college, or both. |
| 198 | (3) Each district school board and superintendent shall |
| 199 | implement all components required to obtain the career education |
| 200 | certification on the high school diploma if the school district |
| 201 | chooses to offer the certification. |
| 202 | Section 4. Section 1003.492, Florida Statutes, is created |
| 203 | to read: |
| 204 | 1003.492 Industry-certified career education programs.-- |
| 205 | (1) A career education program within a comprehensive high |
| 206 | school program of study shall be coordinated with the |
| 207 | appropriate industry indicating that all components of the |
| 208 | program are relevant and appropriate to prepare the student for |
| 209 | further education or for employment in that industry. |
| 210 | (2) The State Board of Education shall adopt rules |
| 211 | pursuant to ss. 120.536(1) and 120.54 for implementing an |
| 212 | industry certification process, which rules must establish any |
| 213 | necessary procedures for obtaining appropriate business partners |
| 214 | and requirements for business and industry involvement in |
| 215 | curriculum oversight and equipment procurement. |
| 216 | (3) The Department of Education shall study student |
| 217 | performance in industry-certified career education programs. |
| 218 | The department shall identify districts that currently operate |
| 219 | industry-certified career education programs. The study shall |
| 220 | examine the performance of participating students over time. |
| 221 | Performance factors shall include, but not be limited to, |
| 222 | graduation rates, retention rates, additional educational |
| 223 | attainment, employment records, earnings, and industry |
| 224 | satisfaction. The results of this study shall be submitted to |
| 225 | the President of the Senate and the Speaker of the House of |
| 226 | Representatives by December 31, 2004. |
| 227 | (4) The Department of Education shall conduct a study to |
| 228 | determine if a cost factor should be applied to industry- |
| 229 | certified career education programs and review the need for |
| 230 | startup funding for the programs. The study shall be completed |
| 231 | by December 31, 2004, and shall be submitted to the President of |
| 232 | the Senate and the Speaker of the House of Representatives. |
| 233 | Section 5. Section 1006.025, Florida Statutes, is created |
| 234 | to read: |
| 235 | 1006.025 Guidance services.-- |
| 236 | (1) Each district school board shall annually submit a |
| 237 | district guidance report to the Commissioner of Education by |
| 238 | June 30. |
| 239 | (2) The guidance report shall include, but not be limited |
| 240 | to, the following: |
| 241 | (a) Examination of student access to guidance counselors. |
| 242 | (b) Degree to which a district has adopted or implemented |
| 243 | a guidance model program. |
| 244 | (c) Evaluation of the information and training available |
| 245 | to guidance counselors and career specialists to advise students |
| 246 | on areas of critical need, labor market trends, and technical |
| 247 | training requirements. |
| 248 | (d) Progress toward incorporation of best practices for |
| 249 | advisement as identified by the department. |
| 250 | (e) Consideration of alternative guidance systems or |
| 251 | ideas, including, but not limited to, a teacher-advisor model, |
| 252 | mentoring, partnerships with the business community, web-based |
| 253 | delivery, and parental involvement. |
| 254 | (f) Actions taken to provide information to students for |
| 255 | the school-to-work transition pursuant to s. 1006.02. |
| 256 | (g) A guidance plan for the district. |
| 257 | (3) The department shall provide resources to district |
| 258 | school boards that may assist districts in preparing the annual |
| 259 | guidance report. The resources shall include, but are not |
| 260 | limited to, materials relating to guidance model programs, |
| 261 | training available through the department for career guidance, |
| 262 | adopted best practices, alternative guidance systems or ideas, |
| 263 | and a model district guidance plan. |
| 264 | Section 6. Paragraph (b) of subsection (2) of section |
| 265 | 1012.01, Florida Statutes, is amended to read: |
| 266 | 1012.01 Definitions.--Specific definitions shall be as |
| 267 | follows, and wherever such defined words or terms are used in |
| 268 | the Florida K-20 Education Code, they shall be used as follows: |
| 269 | (2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel" |
| 270 | means any staff member whose function includes the provision of |
| 271 | direct instructional services to students. Instructional |
| 272 | personnel also includes personnel whose functions provide direct |
| 273 | support in the learning process of students. Included in the |
| 274 | classification of instructional personnel are: |
| 275 | (b) Student personnel services.--Student personnel |
| 276 | services include staff members responsible for: advising |
| 277 | students with regard to their abilities and aptitudes, |
| 278 | educational and occupational opportunities, and personal and |
| 279 | social adjustments; providing placement services; performing |
| 280 | educational evaluations; and similar functions. Included in this |
| 281 | classification are guidance counselors, social workers, career |
| 282 | occupational/placement specialists, and school psychologists. |
| 283 | Section 7. Section 1011.80, Florida Statutes, is amended |
| 284 | to read: |
| 285 | 1011.80 Funds for operation of workforce adult technical |
| 286 | education programs.-- |
| 287 | (1) As used in this section, the terms "workforce |
| 288 | development education" and "workforce education development |
| 289 | program" include: |
| 290 | (a) Adult general education programs designed to improve |
| 291 | the employability skills of the state's workforce as defined in |
| 292 | s. 1004.02(3) s. 1004.02(5). |
| 293 | (b) Career and technical certificate programs, as defined |
| 294 | in s. 1004.02(21) s. 1004.02(23). |
| 295 | (c) Applied technology diploma programs. |
| 296 | (d) Continuing workforce education courses. |
| 297 | (e) Degree career technical education programs. |
| 298 | (f) Apprenticeship and preapprenticeship programs as |
| 299 | defined in s. 446.021. |
| 300 | (2) Any workforce development education program may be |
| 301 | conducted by a community college or a school district, except |
| 302 | that college credit in an associate in applied science or an |
| 303 | associate in science degree may be awarded only by a community |
| 304 | college. However, if an associate in applied science or an |
| 305 | associate in science degree program contains within it an |
| 306 | occupational completion point that confers a certificate or an |
| 307 | applied technology diploma, that portion of the program may be |
| 308 | conducted by a school district career technical center. Any |
| 309 | instruction designed to articulate to a degree program is |
| 310 | subject to guidelines and standards adopted by the State Board |
| 311 | of Education pursuant to s. 1007.25. |
| 312 | (3) If a program for disabled adults pursuant to s. |
| 313 | 1004.93 is a workforce development program as defined in law, it |
| 314 | must be funded as provided in this section. |
| 315 | (4) The Florida Workforce Development Education Fund is |
| 316 | created to provide performance-based funding for all workforce |
| 317 | development programs, whether the programs are offered by a |
| 318 | school district or a community college. Funding for all |
| 319 | workforce development education programs must be from the |
| 320 | Workforce Development Education Fund and must be based on cost |
| 321 | categories, performance output measures, and performance outcome |
| 322 | measures. |
| 323 | (a) The cost categories must be calculated to identify |
| 324 | high-cost programs, medium-cost programs, and low-cost programs. |
| 325 | The cost analysis used to calculate and assign a program of |
| 326 | study to a cost category must include at least both direct and |
| 327 | indirect instructional costs, consumable supplies, equipment, |
| 328 | and standard program length. |
| 329 | (b)1. The performance output measure for career and |
| 330 | technical education programs of study is student completion of a |
| 331 | career and technical program of study that leads to an |
| 332 | occupational completion point associated with a certificate; an |
| 333 | apprenticeship program; or a program that leads to an applied |
| 334 | technology diploma or an associate in applied science or |
| 335 | associate in science degree. Performance output measures for |
| 336 | registered apprenticeship programs shall be based on program |
| 337 | lengths that coincide with lengths established pursuant to the |
| 338 | requirements of chapter 446. |
| 339 | 2. The performance output measure for an adult general |
| 340 | education course of study is measurable improvement in student |
| 341 | skills. This measure shall include improvement in literacy |
| 342 | skills, grade level improvement as measured by an approved test, |
| 343 | or attainment of a State of Florida diploma or an adult high |
| 344 | school diploma. |
| 345 | (c) The performance outcome measures for workforce |
| 346 | education programs funded through the Workforce Development |
| 347 | Education Fund are associated with placement and retention of |
| 348 | students after reaching a completion point or completing a |
| 349 | program of study. These measures include placement or retention |
| 350 | in employment that is related to the program of study; placement |
| 351 | into or retention in employment in an occupation on the |
| 352 | Workforce Estimating Conference list of high-wage, high-skill |
| 353 | occupations with sufficient openings, or other High Wage/High |
| 354 | Skill Program occupations as determined by Workforce Florida, |
| 355 | Inc.; and placement and retention of participants or former |
| 356 | participants in the welfare transition program in employment. |
| 357 | Continuing postsecondary education at a level that will further |
| 358 | enhance employment is a performance outcome for adult general |
| 359 | education programs. Placement and retention must be reported |
| 360 | pursuant to ss. 1008.39 and 1008.43. |
| 361 | (5) State funding and student fees for workforce education |
| 362 | development instruction funded through the Workforce Development |
| 363 | Education Fund shall be established as follows: |
| 364 | (a) For a continuing workforce education course, state |
| 365 | funding shall equal 50 percent of the cost of instruction, with |
| 366 | student fees, business support, quick-response training funds, |
| 367 | or other means making up the remaining 50 percent. |
| 368 | (b) For all other workforce development education programs |
| 369 | funded through the Workforce Development Education Fund, state |
| 370 | funding shall equal 75 percent of the average cost of |
| 371 | instruction with the remaining 25 percent made up from student |
| 372 | fees. Fees for courses within a program shall not vary according |
| 373 | to the cost of the individual program, but instead shall be |
| 374 | based on a uniform fee calculated and set at the state level, as |
| 375 | adopted by the State Board of Education, unless otherwise |
| 376 | specified in the General Appropriations Act. |
| 377 | (c) For fee-exempt students pursuant to s. 1009.25, unless |
| 378 | otherwise provided for in law, state funding shall equal 100 |
| 379 | percent of the average cost of instruction. |
| 380 | (6)(a) A school district or a community college that |
| 381 | provides workforce development education programs funded through |
| 382 | the Workforce Development Education Fund shall receive funds in |
| 383 | accordance with distributions for base and performance funding |
| 384 | established by the Legislature in the General Appropriations |
| 385 | Act. If the General Appropriations Act does not provide for the |
| 386 | distribution of funds, the following methodology shall apply, |
| 387 | pursuant to the following conditions: |
| 388 | 1. Base funding shall be allocated based on weighted |
| 389 | enrollment and shall not exceed 90 85 percent of the current |
| 390 | fiscal year total Workforce Development Education Fund |
| 391 | allocation, which shall be distributed by the Legislature in the |
| 392 | General Appropriations Act based on a maximum of 85 percent of |
| 393 | the institution's prior year total allocation from base and |
| 394 | performance funds. The Department of Education shall develop a |
| 395 | funding process for school district workforce education programs |
| 396 | that is comparable with community college workforce programs. |
| 397 | 2. Performance funding shall be at least 10 15 percent of |
| 398 | the current fiscal year total Workforce Development Education |
| 399 | Fund allocation, which shall be distributed by the Legislature |
| 400 | in the General Appropriations Act based on the previous fiscal |
| 401 | year's achievement of output and outcomes in accordance with |
| 402 | formulas adopted pursuant to subsection (10)(9). Performance |
| 403 | funding must incorporate payments for at least three levels of |
| 404 | placements that reflect wages and workforce demand. Payments for |
| 405 | completions must not exceed 60 percent of the payments for |
| 406 | placement. School districts and community colleges shall be |
| 407 | awarded funds pursuant to this paragraph based on performance |
| 408 | output data and performance outcome data available in that year. |
| 409 | 3. If a local educational agency achieves a level of |
| 410 | performance sufficient to generate a full allocation as |
| 411 | authorized by the workforce development funding formula, the |
| 412 | agency may earn performance incentive funds as appropriated for |
| 413 | that purpose in a General Appropriations Act. If performance |
| 414 | incentive funds are funded and awarded, these funds must be |
| 415 | added to the local educational agency's prior year total |
| 416 | allocation from the Workforce Development Education Fund and |
| 417 | shall be used to calculate the following year's base funding. |
| 418 | (b) A program is established to assist school districts |
| 419 | and community colleges in responding to the needs of new and |
| 420 | expanding businesses and thereby strengthening the state's |
| 421 | workforce and economy. The program may be funded in the General |
| 422 | Appropriations Act. A school district or community college may |
| 423 | expend funds under the program without regard to performance |
| 424 | criteria set forth in subparagraph (a)2. The district or |
| 425 | community college shall use the program to provide customized |
| 426 | training for businesses which satisfies the requirements of s. |
| 427 | 288.047. Business firms whose employees receive the customized |
| 428 | training must provide 50 percent of the cost of the training. |
| 429 | Balances remaining in the program at the end of the fiscal year |
| 430 | shall not revert to the general fund, but shall be carried over |
| 431 | for 1 additional year and used for the purpose of serving |
| 432 | incumbent worker training needs of area businesses with fewer |
| 433 | than 100 employees. Priority shall be given to businesses that |
| 434 | must increase or upgrade their use of technology to remain |
| 435 | competitive. |
| 436 | (7) A school district or community college that receives |
| 437 | workforce education funds earns performance funding must use the |
| 438 | money to benefit the workforce postsecondary adult and technical |
| 439 | education programs it provides. The money may be used for |
| 440 | equipment upgrades, program expansions, or any other use that |
| 441 | would result in workforce education development program |
| 442 | improvement. The district school board or community college |
| 443 | board of trustees may not withhold any portion of the |
| 444 | performance funding for indirect costs. Notwithstanding s. |
| 445 | 216.351, funds awarded pursuant to this section may be carried |
| 446 | across fiscal years and shall not revert to any other fund |
| 447 | maintained by the district school board or community college |
| 448 | board of trustees. |
| 449 | (8) The State Board of Education and Workforce Florida, |
| 450 | Inc., shall provide the Legislature with recommended formulas, |
| 451 | criteria, timeframes, and mechanisms for distributing |
| 452 | performance funds. The commissioner shall consolidate the |
| 453 | recommendations and develop a consensus proposal for funding. |
| 454 | The Legislature shall adopt a formula and distribute the |
| 455 | performance funds to the State Board of Education for community |
| 456 | colleges and school districts through the General Appropriations |
| 457 | Act. These recommendations shall be based on formulas that would |
| 458 | discourage low-performing or low-demand programs and encourage |
| 459 | through performance-funding awards: |
| 460 | (a) Programs that prepare people to enter high-wage |
| 461 | occupations identified by the Workforce Estimating Conference |
| 462 | created by s. 216.136 and other programs as approved by |
| 463 | Workforce Florida, Inc. At a minimum, performance incentives |
| 464 | shall be calculated for adults who reach completion points or |
| 465 | complete programs that lead to specified high-wage employment |
| 466 | and to their placement in that employment. |
| 467 | (b) Programs that successfully prepare adults who are |
| 468 | eligible for public assistance, economically disadvantaged, |
| 469 | disabled, not proficient in English, or dislocated workers for |
| 470 | high-wage occupations. At a minimum, performance incentives |
| 471 | shall be calculated at an enhanced value for the completion of |
| 472 | adults identified in this paragraph and job placement of such |
| 473 | adults upon completion. In addition, adjustments may be made in |
| 474 | payments for job placements for areas of high unemployment. |
| 475 | (c) Programs that are specifically designed to be |
| 476 | consistent with the workforce needs of private enterprise and |
| 477 | regional economic development strategies, as defined in |
| 478 | guidelines set by Workforce Florida, Inc. Workforce Florida, |
| 479 | Inc., shall develop guidelines to identify such needs and |
| 480 | strategies based on localized research of private employers and |
| 481 | economic development practitioners. |
| 482 | (d) Programs identified by Workforce Florida, Inc., as |
| 483 | increasing the effectiveness and cost efficiency of education. |
| 484 | (9) School districts shall report full-time equivalent |
| 485 | students by discipline category for the programs specified in |
| 486 | subsection (1). There shall be an annual cost analysis for the |
| 487 | school district workforce education programs that reports cost |
| 488 | by discipline category consistent with the reporting for full- |
| 489 | time equivalent students. The annual financial reports submitted |
| 490 | by the school districts must accurately report on the student |
| 491 | fee revenues by fee type according to the programs specified in |
| 492 | subsection (1). The Department of Education shall develop a plan |
| 493 | for comparable reporting of program, student, facility, |
| 494 | personnel, and financial data between the community colleges and |
| 495 | the school district workforce education programs. |
| 496 | (10)(9) A high school student dually enrolled under s. |
| 497 | 1007.271 in a workforce education development program funded |
| 498 | through the Workforce Development Education Fund and operated by |
| 499 | a community college or school district career technical center |
| 500 | generates the amount calculated for workforce education funding |
| 501 | by the Workforce Development Education Fund, including any |
| 502 | payment of performance funding, and the proportional share of |
| 503 | full-time equivalent enrollment generated through the Florida |
| 504 | Education Finance Program for the student's enrollment in a high |
| 505 | school. If a high school student is dually enrolled in a |
| 506 | community college program, including a program conducted at a |
| 507 | high school, the community college earns the funds generated for |
| 508 | workforce education funding, through the Workforce Development |
| 509 | Education Fund and the school district earns the proportional |
| 510 | share of full-time equivalent funding from the Florida Education |
| 511 | Finance Program. If a student is dually enrolled in a career |
| 512 | technical center operated by the same district as the district |
| 513 | in which the student attends high school, that district earns |
| 514 | the funds generated for workforce education funding through the |
| 515 | Workforce Development Education Fund and also earns the |
| 516 | proportional share of full-time equivalent funding from the |
| 517 | Florida Education Finance Program. If a student is dually |
| 518 | enrolled in a workforce education development program provided |
| 519 | by a career technical center operated by a different school |
| 520 | district, the funds must be divided between the two school |
| 521 | districts proportionally from the two funding sources. A student |
| 522 | may not be reported for funding in a dual enrollment workforce |
| 523 | education development program unless the student has completed |
| 524 | the basic skills assessment pursuant to s. 1004.91. |
| 525 | (11)(10) The State Board of Education may adopt rules to |
| 526 | administer this section. |
| 527 | Section 8. Subsections (1), (5), (12), and (13) of section |
| 528 | 1009.22, Florida Statutes, are amended to read: |
| 529 | 1009.22 Workforce education development postsecondary |
| 530 | student fees.-- |
| 531 | (1) This section applies to students enrolled in workforce |
| 532 | education development programs who are reported for funding |
| 533 | through the Workforce Development Education Fund, except that |
| 534 | college credit fees for the community colleges are governed by |
| 535 | s. 1009.23. |
| 536 | (5) Each district school board and community college board |
| 537 | of trustees may establish a separate fee for financial aid |
| 538 | purposes in an additional amount of up to 10 percent of the |
| 539 | student fees collected for workforce education development |
| 540 | programs funded through the Workforce Development Education |
| 541 | Fund. All fees collected shall be deposited into a separate |
| 542 | workforce education development student financial aid fee trust |
| 543 | fund of the school district or community college to support |
| 544 | students enrolled in workforce education development programs. |
| 545 | Any undisbursed balance remaining in the trust fund and interest |
| 546 | income accruing to investments from the trust fund shall |
| 547 | increase the total funds available for distribution to workforce |
| 548 | development education students. Awards shall be based on student |
| 549 | financial need and distributed in accordance with a nationally |
| 550 | recognized system of need analysis approved by the State Board |
| 551 | of Education. Fees collected pursuant to this subsection shall |
| 552 | be allocated in an expeditious manner. |
| 553 | (12) Any school district or community college that reports |
| 554 | students who have not paid fees in an approved manner in |
| 555 | calculations of full-time equivalent enrollments for state |
| 556 | funding purposes shall be penalized at a rate equal to 2 times |
| 557 | the value of such enrollments. Such penalty shall be charged |
| 558 | against the following year's allocation from workforce education |
| 559 | funds the Florida Workforce Development Education Fund or the |
| 560 | Community College Program Fund and shall revert to the General |
| 561 | Revenue Fund. The State Board of Education shall specify, in |
| 562 | rule, approved methods of student fee payment. Such methods must |
| 563 | include, but need not be limited to, student fee payment; |
| 564 | payment through federal, state, or institutional financial aid; |
| 565 | and employer fee payments. |
| 566 | (13) Each school district and community college shall |
| 567 | report only those students who have actually enrolled in |
| 568 | instruction provided or supervised by instructional personnel |
| 569 | under contract with the district or community college in |
| 570 | calculations of actual full-time enrollments for state funding |
| 571 | purposes. A student who has been exempted from taking a course |
| 572 | or who has been granted academic or technical credit through |
| 573 | means other than actual coursework completed at the granting |
| 574 | institution may not be calculated for enrollment in the course |
| 575 | from which the student has been exempted or for which the |
| 576 | student has been granted credit. School districts and community |
| 577 | colleges that report enrollments in violation of this subsection |
| 578 | shall be penalized at a rate equal to 2 times the value of such |
| 579 | enrollments. Such penalty shall be charged against the following |
| 580 | year's allocation from workforce education funds the Workforce |
| 581 | Development Education Fund and shall revert to the General |
| 582 | Revenue Fund. |
| 583 | Section 9. Section 1011.83, Florida Statutes, is amended |
| 584 | to read: |
| 585 | 1011.83 Financial support of community colleges.--Each |
| 586 | community college that has been approved by the Department of |
| 587 | Education and meets the requirements of law and rules of the |
| 588 | State Board of Education shall participate in the Community |
| 589 | College Program Fund. However, funds to support workforce |
| 590 | education development programs conducted by community colleges |
| 591 | shall be provided by the Workforce Development Education Fund |
| 592 | pursuant to s. 1011.80. |
| 593 | Section 10. The Agency for Workforce Innovation and the |
| 594 | Council for Education Policy Research and Improvement (CEPRI) |
| 595 | shall conduct a joint study on the need for new and expanded |
| 596 | apprenticeship and other workforce education programs within |
| 597 | each workforce region. The study shall include all |
| 598 | apprenticeship programs registered pursuant to chapter 446, |
| 599 | Florida Statutes. A specific emphasis shall be placed upon |
| 600 | apprenticeships in construction and educational programs, |
| 601 | including, but not limited to, biotechnology, information |
| 602 | technology, allied health, or other identified areas of critical |
| 603 | need. The Agency for Workforce Innovation and CEPRI shall |
| 604 | jointly submit a report of their findings and recommendations by |
| 605 | December 31, 2004, to the Governor, the President of the Senate, |
| 606 | and the Speaker of the House of Representatives. |
| 607 | Section 11. Workforce education study.-- |
| 608 | (1) For purposes of this section, workforce education is |
| 609 | defined as the programs referenced in s. 1011.80(1), Florida |
| 610 | Statutes. |
| 611 | (2) To assist the Legislature in providing solutions to |
| 612 | the demands for workforce education, the Commissioner of |
| 613 | Education shall convene a study group to investigate issues |
| 614 | related to workforce education in Florida. The study group shall |
| 615 | report to the commissioner and the State Board of Education on |
| 616 | or before October 1, 2004, with specific actions necessary to |
| 617 | affect the timely implementation of modifications to the |
| 618 | workforce education system in Florida. The study group shall |
| 619 | consider any relevant projects of the Council for Education |
| 620 | Policy Research and Improvement and the Office of Program Policy |
| 621 | Analysis and Government Accountability and federal legislation |
| 622 | or appropriations. Recommendations must be consistent with the |
| 623 | K-20 education performance accountability system in s. 1008.31, |
| 624 | Florida Statutes. Based on the study group report, the |
| 625 | Commissioner of Education shall report to the Governor, the |
| 626 | Speaker of the House of Representatives, and the President of |
| 627 | the Senate on or before December 1, 2004, a summary of the |
| 628 | conclusions of the study group and recommended funding and |
| 629 | statutory changes if necessary. |
| 630 | (3) The study group shall consist of members appointed by |
| 631 | the Commissioner of Education who represent school districts, |
| 632 | community colleges, public and independent universities, private |
| 633 | postsecondary schools and colleges, the Agency for Workforce |
| 634 | Innovation, Workforce Florida, Inc., and Enterprise Florida, |
| 635 | Inc., and other members deemed appropriate by the commissioner, |
| 636 | with a majority of the membership consisting of representatives |
| 637 | of business and industry. |
| 638 | (4) The study group shall recommend an implementation plan |
| 639 | for their recommendations that shall include, but is not limited |
| 640 | to: |
| 641 | (a) A recommended funding model for workforce education |
| 642 | that encompasses both enrollment and performance. The |
| 643 | recommendations must include a process for providing for growth |
| 644 | and development of new programs to meet the demands of economic |
| 645 | development at the state, regional, and local levels. |
| 646 | Recommendations for funding should reflect consideration of |
| 647 | state funding, student fees, and federal and private funding, as |
| 648 | well as diverse needs and challenges faced by institutions. |
| 649 | (b) A recommended allocation model for workforce education |
| 650 | based on occupational completion points, literacy completion |
| 651 | points, and program length. Performance outcomes should reflect |
| 652 | program completion, job placement, and successful transfer to |
| 653 | another educational institution. Performance outcomes for |
| 654 | traditionally hard-to-serve populations may be weighted based on |
| 655 | empirical evidence. Performance outcomes should encourage the |
| 656 | expansion of public-private partnerships by including the |
| 657 | successful leveraging of private resources. Performance outcomes |
| 658 | should be evaluated by examining an institution's performance |
| 659 | over time rather than its performance relative to other |
| 660 | institutions and should be consistent regardless of the type of |
| 661 | institution offering the program. |
| 662 | (c) Recommendations to improve articulation and obtain the |
| 663 | maximum appropriate transferability of coursework between |
| 664 | components of the workforce education system and between |
| 665 | workforce education programs and advanced degrees. The |
| 666 | implementation plan shall include a review of current |
| 667 | articulation practices for workforce education, examples of best |
| 668 | practices, and specific methods to improve articulation options |
| 669 | for all students participating in workforce education. |
| 670 | (d) Recommendations for the implementation of innovative |
| 671 | programs that provide high school students with work-related |
| 672 | career-based educational opportunities. Recommendations shall |
| 673 | reflect the consideration of a broad array of options, |
| 674 | including, but not limited to, high school career academies, |
| 675 | charter technical centers, industry-certified educational |
| 676 | opportunities, and the expanded use of career dual enrollment or |
| 677 | other acceleration mechanisms. Recommendations shall also |
| 678 | include expanded opportunities for partnership with business and |
| 679 | industry to ensure that all components of any recommended |
| 680 | program are relevant and appropriate to prepare students for |
| 681 | further education and employment. |
| 682 | (e) Recommendations for the implementation of innovative |
| 683 | options or expanded use of existing resources for the delivery |
| 684 | of postsecondary workforce education. These options must respond |
| 685 | to the need for access to workforce education in geographic |
| 686 | areas of high demand or unmet need or to demand for programs in |
| 687 | occupational clusters that are targeted for purposes of economic |
| 688 | development. Recommendations must include, but are not limited |
| 689 | to, consideration of the increased use of distance learning, |
| 690 | agreements for the innovative use of facilities, and other |
| 691 | innovative partnerships and programs that would improve access |
| 692 | to workforce education. |
| 693 | (f) Recommendations for improvements to guidance |
| 694 | counseling and advising to ensure that all students in the K-12 |
| 695 | system are properly informed and prepared for their future |
| 696 | careers regardless of whether they intend to train for those |
| 697 | careers in a traditional college setting or through workforce |
| 698 | education. Recommendations shall address the effect of students |
| 699 | receiving guidance and advising beginning at the middle school |
| 700 | level that balances the postsecondary academic and workforce |
| 701 | education options available to students. Recommendations shall |
| 702 | reflect a consideration of best practices and innovative models |
| 703 | for student advisement. Recommendations shall also include |
| 704 | opportunities for state and local educational entities to |
| 705 | partner with business and industry to align existing guidance |
| 706 | counseling and advising resources with other agencies and |
| 707 | organizations and to develop an intensive marketing campaign to |
| 708 | attract high school students into postsecondary education |
| 709 | programs leading to careers that are of critical need to the |
| 710 | state. The recommendations shall include a timeline for |
| 711 | implementation to be completed no later than July 1, 2005. |
| 712 | (5) The Department of Education shall provide staff |
| 713 | assistance and resources to assist the study group in preparing |
| 714 | recommendations. |
| 715 | Section 12. Paragraph (a) of subsection (4) of section |
| 716 | 20.18, Florida Statutes, is amended to read: |
| 717 | 20.18 Department of Community Affairs.--There is created a |
| 718 | Department of Community Affairs. |
| 719 | (4) In addition to its other powers, duties, and |
| 720 | functions, the department shall, under the general supervision |
| 721 | of the secretary and the Interdepartmental Coordinating Council |
| 722 | on Community Services, assist and encourage the development of |
| 723 | state programs by the various departments for the productive use |
| 724 | of human resources, and the department shall work with other |
| 725 | state agencies in order that together they might: |
| 726 | (a) Effect the coordination, by the responsible agencies |
| 727 | of the state, of the career vocational, technical, and adult |
| 728 | educational programs of the state in order to provide the |
| 729 | maximum use and meaningful employment of persons completing |
| 730 | courses of study from such programs; |
| 731 | Section 13. Paragraph (a) of subsection (1) and subsection |
| 732 | (5) of section 110.1099, Florida Statutes, are amended to read: |
| 733 | 110.1099 Education and training opportunities for state |
| 734 | employees.-- |
| 735 | (1)(a) Education and training are an integral component in |
| 736 | improving the delivery of services to the public. Recognizing |
| 737 | that the application of productivity-enhancing technology and |
| 738 | practice demands continuous educational and training |
| 739 | opportunities, a state employee may be authorized to receive a |
| 740 | voucher or grant, for matriculation fees, to attend work-related |
| 741 | courses at public community colleges, public career technical |
| 742 | centers, or public universities. The department may implement |
| 743 | the provisions of this section from funds appropriated to the |
| 744 | department for this purpose. In the event insufficient funds are |
| 745 | appropriated to the department, each state agency may supplement |
| 746 | these funds to support the training and education needs of its |
| 747 | employees from funds appropriated to the agency. |
| 748 | (5) The Department of Management Services, in consultation |
| 749 | with the agencies and, to the extent applicable, with Florida's |
| 750 | public community colleges, public career technical centers, and |
| 751 | public universities, shall adopt rules to administer this |
| 752 | section. |
| 753 | Section 14. Subsection (3) of section 112.19, Florida |
| 754 | Statutes, as amended by section 1 of chapter 2002-191, Laws of |
| 755 | Florida, is amended to read: |
| 756 | 112.19 Law enforcement, correctional, and correctional |
| 757 | probation officers; death benefits.-- |
| 758 | (3) If a law enforcement, correctional, or correctional |
| 759 | probation officer is accidentally killed as specified in |
| 760 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
| 761 | intentionally killed as specified in paragraph (2)(c) on or |
| 762 | after July 1, 1980, the state shall waive certain educational |
| 763 | expenses that the child or spouse of the deceased officer incurs |
| 764 | while obtaining a career vocational-technical certificate, an |
| 765 | undergraduate education, or a postgraduate education. The amount |
| 766 | waived by the state shall be an amount equal to the cost of |
| 767 | tuition and matriculation and registration fees for a total of |
| 768 | 120 credit hours. The child or spouse may attend a state career |
| 769 | center vocational-technical school, a state community college, |
| 770 | or a state university. The child or spouse may attend any or all |
| 771 | of the institutions specified in this subsection, on either a |
| 772 | full-time or part-time basis. The benefits provided to a child |
| 773 | under this subsection shall continue until the child's 25th |
| 774 | birthday. The benefits provided to a spouse under this |
| 775 | subsection must commence within 5 years after the death occurs, |
| 776 | and entitlement thereto shall continue until the 10th |
| 777 | anniversary of that death. |
| 778 | (a) Upon failure of any child or spouse benefited by the |
| 779 | provisions of this subsection to comply with the ordinary and |
| 780 | minimum requirements of the institution attended, both as to |
| 781 | discipline and scholarship, the benefits shall be withdrawn as |
| 782 | to the child or spouse and no further moneys may be expended for |
| 783 | the child's or spouse's benefits so long as such failure or |
| 784 | delinquency continues. |
| 785 | (b) Only a student in good standing in his or her |
| 786 | respective institution may receive the benefits thereof. |
| 787 | (c) A child or spouse receiving benefits under this |
| 788 | subsection must be enrolled according to the customary rules and |
| 789 | requirements of the institution attended. |
| 790 | Section 15. Subsection (3) of section 112.19, Florida |
| 791 | Statutes, as amended by section 1 of chapter 2002-232, Laws of |
| 792 | Florida, as amended by section 9 of chapter 2003-1, Laws of |
| 793 | Florida, is amended to read: |
| 794 | 112.19 Law enforcement, correctional, and correctional |
| 795 | probation officers; death benefits.-- |
| 796 | (3) If a law enforcement, correctional, or correctional |
| 797 | probation officer is accidentally killed as specified in |
| 798 | paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
| 799 | intentionally killed as specified in paragraph (2)(c) on or |
| 800 | after July 1, 1980, the state shall waive certain educational |
| 801 | expenses that children of the deceased officer incur while |
| 802 | obtaining a career vocational-technical certificate, an |
| 803 | undergraduate education, or a graduate or postbaccalaureate |
| 804 | professional degree. The amount waived by the state shall be an |
| 805 | amount equal to the cost of tuition, matriculation, and other |
| 806 | statutorily authorized fees for a total of 120 credit hours for |
| 807 | a career vocational-technical certificate or an undergraduate |
| 808 | education. For a child pursuing a graduate or postbaccalaureate |
| 809 | professional degree, the amount waived shall equal the cost of |
| 810 | matriculation and other statutorily authorized fees incurred |
| 811 | while the child continues to fulfill the professional |
| 812 | requirements associated with the graduate or postbaccalaureate |
| 813 | professional degree program, and eligibility continues until the |
| 814 | child's 29th birthday. The child may attend a state career |
| 815 | center vocational-technical school, a state community college, |
| 816 | or a state university. The child may attend any or all of the |
| 817 | institutions specified in this subsection, on either a full-time |
| 818 | or part-time basis. For a child pursuing a career vocational- |
| 819 | technical certificate or an undergraduate education, the |
| 820 | benefits provided under this subsection shall continue to the |
| 821 | child until the child's 25th birthday. To be eligible for the |
| 822 | benefits provided under this subsection for enrollment in a |
| 823 | graduate or postbaccalaureate professional degree program, the |
| 824 | child must be a state resident, as defined in s. 1009.21, at the |
| 825 | time of enrollment. |
| 826 | (a) Upon failure of any child benefited by the provisions |
| 827 | of this section to comply with the ordinary and minimum |
| 828 | requirements of the institution attended, both as to discipline |
| 829 | and scholarship, the benefits shall be withdrawn as to the child |
| 830 | and no further moneys may be expended for the child's benefits |
| 831 | so long as such failure or delinquency continues. |
| 832 | (b) Only a student in good standing in his or her |
| 833 | respective institution may receive the benefits thereof. |
| 834 | (c) A child receiving benefits under this section must be |
| 835 | enrolled according to the customary rules and requirements of |
| 836 | the institution attended. |
| 837 | Section 16. Subsection (3) of section 112.191, Florida |
| 838 | Statutes, as amended by section 2 of chapter 2002-191, Laws of |
| 839 | Florida, is amended to read: |
| 840 | 112.191 Firefighters; death benefits.-- |
| 841 | (3) If a firefighter is accidentally killed as specified |
| 842 | in paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
| 843 | intentionally killed as specified in paragraph (2)(c), on or |
| 844 | after July 1, 1980, the state shall waive certain educational |
| 845 | expenses that the child or spouse of the deceased firefighter |
| 846 | incurs while obtaining a career vocational-technical |
| 847 | certificate, an undergraduate education, or a postgraduate |
| 848 | education. The amount waived by the state shall be an amount |
| 849 | equal to the cost of tuition and matriculation and registration |
| 850 | fees for a total of 120 credit hours. The child or spouse may |
| 851 | attend a state career center vocational-technical school, a |
| 852 | state community college, or a state university. The child or |
| 853 | spouse may attend any or all of the institutions specified in |
| 854 | this subsection, on either a full-time or part-time basis. The |
| 855 | benefits provided to a child under this subsection shall |
| 856 | continue until the child's 25th birthday. The benefits provided |
| 857 | to a spouse under this subsection must commence within 5 years |
| 858 | after the death occurs, and entitlement thereto shall continue |
| 859 | until the 10th anniversary of that death. |
| 860 | (a) Upon failure of any child or spouse benefited by the |
| 861 | provisions of this subsection to comply with the ordinary and |
| 862 | minimum requirements of the institution attended, both as to |
| 863 | discipline and scholarship, the benefits thereof shall be |
| 864 | withdrawn as to the child or spouse and no further moneys |
| 865 | expended for the child's or spouse's benefits so long as such |
| 866 | failure or delinquency continues. |
| 867 | (b) Only students in good standing in their respective |
| 868 | institutions shall receive the benefits thereof. |
| 869 | (c) A child or spouse receiving benefits under this |
| 870 | subsection must be enrolled according to the customary rules and |
| 871 | requirements of the institution attended. |
| 872 | Section 17. Subsection (3) of section 112.191, Florida |
| 873 | Statutes, as amended by section 2 of chapter 2002-232, Laws of |
| 874 | Florida, as amended by section 10 of chapter 2003-1, Laws of |
| 875 | Florida, is amended to read: |
| 876 | 112.191 Firefighters; death benefits.-- |
| 877 | (3) If a firefighter is accidentally killed as specified |
| 878 | in paragraph (2)(b) on or after June 22, 1990, or unlawfully and |
| 879 | intentionally killed as specified in paragraph (2)(c), on or |
| 880 | after July 1, 1980, the state shall waive certain educational |
| 881 | expenses that children of the deceased firefighter incur while |
| 882 | obtaining a career vocational-technical certificate, an |
| 883 | undergraduate education, or a graduate or postbaccalaureate |
| 884 | professional degree. The amount waived by the state shall be an |
| 885 | amount equal to the cost of tuition, matriculation, and other |
| 886 | statutorily authorized fees for a total of 120 credit hours for |
| 887 | a career vocational-technical certificate or an undergraduate |
| 888 | education. For a child pursuing a graduate or postbaccalaureate |
| 889 | professional degree, the amount waived shall equal the cost of |
| 890 | matriculation and other statutorily authorized fees incurred |
| 891 | while the child continues to fulfill the professional |
| 892 | requirements associated with the graduate or postbaccalaureate |
| 893 | professional degree program, and eligibility continues until the |
| 894 | child's 29th birthday. The child may attend a state career |
| 895 | center vocational-technical school, a state community college, |
| 896 | or a state university. The child may attend any or all of the |
| 897 | institutions specified in this subsection, on either a full-time |
| 898 | or part-time basis. For a child pursuing a career vocational- |
| 899 | technical certificate or an undergraduate education, the |
| 900 | benefits provided under this subsection shall continue to such a |
| 901 | child until the child's 25th birthday. To be eligible for the |
| 902 | benefits provided under this subsection for enrollment in a |
| 903 | graduate or postbaccalaureate professional degree program, the |
| 904 | child must be a state resident, as defined in s. 1009.21, at the |
| 905 | time of enrollment. |
| 906 | (a) Upon failure of any child benefited by the provisions |
| 907 | of this section to comply with the ordinary and minimum |
| 908 | requirements of the institution attended, both as to discipline |
| 909 | and scholarship, the benefits thereof shall be withdrawn as to |
| 910 | the child and no further moneys expended for the child's |
| 911 | benefits so long as such failure or delinquency continues. |
| 912 | (b) Only students in good standing in their respective |
| 913 | institutions shall receive the benefits thereof. |
| 914 | (c) All children receiving benefits under this section |
| 915 | shall be enrolled according to the customary rules and |
| 916 | requirements of the institution attended. |
| 917 | Section 18. Paragraph (d) of subsection (3) of section |
| 918 | 112.1915, Florida Statutes, is amended to read: |
| 919 | 112.1915 Teachers and school administrators; death |
| 920 | benefits.--Any other provision of law to the contrary |
| 921 | notwithstanding: |
| 922 | (3) If a teacher or school administrator dies under the |
| 923 | conditions in subsection (2), benefits shall be provided as |
| 924 | follows: |
| 925 | (d) Waiver of certain educational expenses which children |
| 926 | of the deceased teacher or school administrator incur while |
| 927 | obtaining a career vocational-technical certificate or an |
| 928 | undergraduate education shall be according to conditions set |
| 929 | forth in this paragraph. The amount waived by the state shall be |
| 930 | an amount equal to the cost of tuition and matriculation and |
| 931 | registration fees for a total of 120 credit hours at a |
| 932 | university. The child may attend a state career center |
| 933 | vocational-technical school, a state community college, or a |
| 934 | state university. The child may attend any or all of the |
| 935 | institutions specified in this paragraph, on either a full-time |
| 936 | or part-time basis. The benefits provided under this paragraph |
| 937 | shall continue to the child until the child's 25th birthday. |
| 938 | 1. Upon failure of any child benefited by the provisions |
| 939 | of this paragraph to comply with the ordinary and minimum |
| 940 | requirements of the institution attended, both as to discipline |
| 941 | and scholarship, the benefits shall be withdrawn as to the child |
| 942 | and no further moneys may be expended for the child's benefits |
| 943 | so long as such failure or delinquency continues. |
| 944 | 2. A student who becomes eligible for benefits under the |
| 945 | provisions of this paragraph while enrolled in an institution |
| 946 | must be in good standing with the institution to receive the |
| 947 | benefits provided herein. |
| 948 | 3. A child receiving benefits under this paragraph must be |
| 949 | enrolled according to the customary rules and requirements of |
| 950 | the institution attended. |
| 951 | Section 19. Subsection (3) of section 238.01, Florida |
| 952 | Statutes, is amended to read: |
| 953 | 238.01 Definitions.--The following words and phrases as |
| 954 | used in this chapter shall have the following meanings unless a |
| 955 | different meaning is plainly required by the context: |
| 956 | (3) "Teacher" means any member of the teaching or |
| 957 | professional staff and any certificated employee of any public |
| 958 | free school, of any district school system and career center |
| 959 | vocational school, any member of the teaching or professional |
| 960 | staff of the Florida School for the Deaf and Blind, child |
| 961 | training schools of the Department of Juvenile Justice, the |
| 962 | Department of Corrections, and any tax-supported institution of |
| 963 | higher learning of the state, and any member and any certified |
| 964 | employee of the Department of Education, any certified employee |
| 965 | of the retirement system, any full-time employee of any |
| 966 | nonprofit professional association or corporation of teachers |
| 967 | functioning in Florida on a statewide basis, which seeks to |
| 968 | protect and improve public school opportunities for children and |
| 969 | advance the professional and welfare status of its members, any |
| 970 | person now serving as superintendent, or who was serving as |
| 971 | county superintendent of public instruction on July 1, 1939, and |
| 972 | any hereafter duly elected or appointed superintendent, who |
| 973 | holds a valid Florida teachers' certificate. In all cases of |
| 974 | doubt the Department of Management Services shall determine |
| 975 | whether any person is a teacher as defined herein. |
| 976 | Section 20. Paragraph (b) of subsection (7), paragraph (c) |
| 977 | of subsection (8), and paragraph (b) of subsection (9) of |
| 978 | section 250.10, Florida Statutes, are amended to read: |
| 979 | 250.10 Appointment and duties of the Adjutant General.-- |
| 980 | (7) The Adjutant General and the State Board of Education |
| 981 | shall develop education assistance programs for members in good |
| 982 | standing of the active Florida National Guard who enroll in a |
| 983 | public institution of higher learning in the state. |
| 984 | (b) The programs shall define those members of the active |
| 985 | Florida National Guard who are ineligible to participate in the |
| 986 | program and those courses of study which are not authorized for |
| 987 | the program. |
| 988 | 1. Such members include, but are not limited to: |
| 989 | a. Any member, commissioned officer, warrant officer, or |
| 990 | enlisted person who has a baccalaureate degree. |
| 991 | b. Any member who has 15 years or more of total military |
| 992 | service creditable toward retirement. |
| 993 | c. Any member who has not completed basic military |
| 994 | training. |
| 995 | 2. Courses not authorized include noncredit courses, |
| 996 | courses that do not meet degree requirements, or courses that do |
| 997 | not meet requirements for completion of career vocational- |
| 998 | technical training. |
| 999 | (8) The Department of Military Affairs may administer a |
| 1000 | tuition exemption program, known as the State Tuition Exemption |
| 1001 | Program (STEP), for members of the Florida National Guard who |
| 1002 | qualify pursuant to subsection (7). |
| 1003 | (c) Courses not authorized include noncredit courses, |
| 1004 | courses that do not meet degree requirements, or courses that do |
| 1005 | not meet requirements for completing career vocational-technical |
| 1006 | training. |
| 1007 | (9) Subject to appropriations, the Department of Military |
| 1008 | Affairs may pay the full cost of tuition and fees for required |
| 1009 | courses for members of the Florida National Guard who enlist |
| 1010 | after June 30, 1997. This program shall be known as the |
| 1011 | Educational Dollars for Duty program (EDD) and is the primary |
| 1012 | program for these members. |
| 1013 | (b) Courses not authorized include noncredit courses, |
| 1014 | courses that do not meet the degree requirements, or courses |
| 1015 | that do not meet requirements for completing career vocational- |
| 1016 | technical training. |
| 1017 | Section 21. Subsection (1) of section 250.482, Florida |
| 1018 | Statutes, is amended to read: |
| 1019 | 250.482 Troops ordered into state active service; not to |
| 1020 | be penalized by employers and postsecondary institutions.-- |
| 1021 | (1) If a member of the Florida National Guard is ordered |
| 1022 | into state active duty pursuant to this chapter, a private or |
| 1023 | public employer, or an employing or appointing authority of this |
| 1024 | state, its counties, school districts, municipalities, political |
| 1025 | subdivisions, career centers vocational or technical schools, |
| 1026 | community colleges, or universities, may not discharge, |
| 1027 | reprimand, or in any other way penalize such member because of |
| 1028 | his or her absence by reason of state active duty. |
| 1029 | Section 22. Subsection (3) of section 288.047, Florida |
| 1030 | Statutes, is amended to read: |
| 1031 | 288.047 Quick-response training for economic |
| 1032 | development.-- |
| 1033 | (3) Requests for funding through the Quick-Response |
| 1034 | Training Program may be produced through inquiries from a |
| 1035 | specific business or industry, inquiries from a school district |
| 1036 | director of career education or community college occupational |
| 1037 | dean on behalf of a business or industry, or through official |
| 1038 | state or local economic development efforts. In allocating funds |
| 1039 | for the purposes of the program, Workforce Florida, Inc., shall |
| 1040 | establish criteria for approval of requests for funding and |
| 1041 | shall select the entity that provides the most efficient, cost- |
| 1042 | effective instruction meeting such criteria. Program funds may |
| 1043 | be allocated to any career area technical center, community |
| 1044 | college, or state university. Program funds may be allocated to |
| 1045 | private postsecondary institutions only upon a review that |
| 1046 | includes, but is not limited to, accreditation and licensure |
| 1047 | documentation and prior approval by Workforce Florida, Inc. |
| 1048 | Instruction funded through the program must terminate when |
| 1049 | participants demonstrate competence at the level specified in |
| 1050 | the request; however, the grant term may not exceed 24 months. |
| 1051 | Costs and expenditures for the Quick-Response Training Program |
| 1052 | must be documented and separated from those incurred by the |
| 1053 | training provider. |
| 1054 | Section 23. Subsection (1) of section 288.9511, Florida |
| 1055 | Statutes, is amended to read: |
| 1056 | 288.9511 Definitions.--As used in ss. 288.9511-288.9517, |
| 1057 | the term: |
| 1058 | (1) "Educational institutions" means Florida career |
| 1059 | centers technical institutes and vocational schools, and public |
| 1060 | and private community colleges, colleges, and universities in |
| 1061 | the state. |
| 1062 | Section 24. Subsection (1) of section 292.05, Florida |
| 1063 | Statutes, is amended to read: |
| 1064 | 292.05 Duties of Department of Veterans' Affairs.-- |
| 1065 | (1) The Department of Veterans' Affairs shall provide |
| 1066 | assistance to all former, present, and future members of the |
| 1067 | Armed Forces of the United States and their dependents in |
| 1068 | preparing claims for and securing such compensation, |
| 1069 | hospitalization, career vocational training, and other benefits |
| 1070 | or privileges to which such persons or any of them are or may |
| 1071 | become entitled under any federal or state law or regulation by |
| 1072 | reason of their service in the Armed Forces of the United |
| 1073 | States. All services rendered under this subsection shall be |
| 1074 | without charge to the claimant. |
| 1075 | Section 25. Section 292.10, Florida Statutes, is amended |
| 1076 | to read: |
| 1077 | 292.10 Local governing bodies authorized to assist war |
| 1078 | veterans; powers.--The board of county commissioners of each |
| 1079 | county and the governing body of each city in the state are |
| 1080 | hereby granted full and complete power and authority to aid and |
| 1081 | assist wherever practical and feasible the veterans, male and |
| 1082 | female, who have served in the Armed Forces of the United States |
| 1083 | in any war and received an honorable discharge from any branch |
| 1084 | of the military service of the United States, and their |
| 1085 | dependents, in presenting claims for and securing such |
| 1086 | compensation, hospitalization, education, loans, career |
| 1087 | vocational training, and other benefits or privileges to which |
| 1088 | said veterans, or any of them, are or may become entitled under |
| 1089 | any federal or state law or regulation by reason of their |
| 1090 | service in the Armed Forces of the United States. |
| 1091 | Section 26. Section 295.02, Florida Statutes, is amended |
| 1092 | to read: |
| 1093 | 295.02 Use of funds; age, etc.--All sums appropriated and |
| 1094 | expended under this chapter shall be used to pay tuition and |
| 1095 | registration fees, board, and room rent and to buy books and |
| 1096 | supplies for the children of deceased or disabled veterans or |
| 1097 | service members, as defined and limited in s. 295.01, s. |
| 1098 | 295.016, s. 295.017, s. 295.018, or s. 295.0195, or of parents |
| 1099 | classified as prisoners of war or missing in action, as defined |
| 1100 | and limited in s. 295.015, who are between the ages of 16 and 22 |
| 1101 | years and who are in attendance at a state-supported institution |
| 1102 | of higher learning, including a community college or career |
| 1103 | center vocational-technical school. Any child having entered |
| 1104 | upon a course of training or education under the provisions of |
| 1105 | this chapter, consisting of a course of not more than 4 years, |
| 1106 | and arriving at the age of 22 years before the completion of |
| 1107 | such course may continue the course and receive all benefits of |
| 1108 | the provisions of this chapter until the course is completed. |
| 1109 | The Department of Education shall administer this educational |
| 1110 | program subject to regulations of the department. |
| 1111 | Section 27. Subsections (1) and (2) of section 295.125, |
| 1112 | Florida Statutes, are amended to read: |
| 1113 | 295.125 Preference for admission to career vocational |
| 1114 | training.-- |
| 1115 | (1) It is the intent of the Legislature through enactment |
| 1116 | of this section to assist returning veterans of the Southeast |
| 1117 | Asian conflict to train themselves for a civilian future. |
| 1118 | Although the provisions of this section apply only to state- |
| 1119 | supported career center vocational-technical facilities and |
| 1120 | programs, it is the further intent of the Legislature to |
| 1121 | encourage privately supported career vocational-technical |
| 1122 | schools and centers to join with the state in assisting our |
| 1123 | returning veterans by providing preferences for them in |
| 1124 | admission procedures and standards. |
| 1125 | (2) In determining order of admission or acceptance for |
| 1126 | students, every career vocational training center, vocational- |
| 1127 | technical school, or career vocational program which receives |
| 1128 | state funding or support shall give preference as provided in |
| 1129 | subsection (3) to a person who served in the Armed Forces of the |
| 1130 | United States at any time during the Vietnam Era, as defined in |
| 1131 | s. 1.01(14), and who has been separated therefrom under |
| 1132 | honorable conditions, if such person's enrollment is directly |
| 1133 | related to his or her present employment or to his or her |
| 1134 | securing employment. |
| 1135 | Section 28. Paragraph (d) of subsection (3) of section |
| 1136 | 339.0805, Florida Statutes, is amended to read: |
| 1137 | 339.0805 Funds to be expended with certified disadvantaged |
| 1138 | business enterprises; specified percentage to be expended; |
| 1139 | construction management development program; bond guarantee |
| 1140 | program.--It is the policy of the state to meaningfully assist |
| 1141 | socially and economically disadvantaged business enterprises |
| 1142 | through a program that will provide for the development of |
| 1143 | skills through construction and business management training, as |
| 1144 | well as by providing contracting opportunities and financial |
| 1145 | assistance in the form of bond guarantees, to primarily remedy |
| 1146 | the effects of past economic disparity. |
| 1147 | (3) The head of the department is authorized to expend up |
| 1148 | to 6 percent of the funds specified in subsection (1) which are |
| 1149 | designated to be expended on small business firms owned and |
| 1150 | controlled by socially and economically disadvantaged |
| 1151 | individuals to conduct, by contract or otherwise, a construction |
| 1152 | management development program. Participation in the program |
| 1153 | will be limited to those firms which are certified under the |
| 1154 | provisions of subsection (1) by the department or the federal |
| 1155 | Small Business Administration or to any firm which has annual |
| 1156 | gross receipts not exceeding $2 million averaged over a 3-year |
| 1157 | period. The program will consist of classroom instruction and |
| 1158 | on-the-job instruction. To the extent feasible, the registration |
| 1159 | fee shall be set to cover the cost of instruction and overhead. |
| 1160 | No salary will be paid to any participant. |
| 1161 | (d) The department shall develop, under contract with the |
| 1162 | State University System, the community college system, a school |
| 1163 | district in behalf of its career vocational-technical center, or |
| 1164 | a private consulting firm, a curriculum for instruction in the |
| 1165 | courses that will lead to a certification of proficiency in the |
| 1166 | construction management development program. |
| 1167 | Section 29. Subsection (7) of section 364.508, Florida |
| 1168 | Statutes, is amended to read: |
| 1169 | 364.508 Definitions.--As used in this part: |
| 1170 | (7) "Eligible facilities" means all approved campuses and |
| 1171 | instructional centers of all public universities, public |
| 1172 | community colleges, career area technical centers, public |
| 1173 | elementary schools, middle schools, and high schools, including |
| 1174 | school administrative offices, public libraries, teaching |
| 1175 | hospitals, the research institute described in s. 1004.43, and |
| 1176 | rural public hospitals as defined in s. 395.602. If no rural |
| 1177 | public hospital exists in a community, the public health clinic |
| 1178 | which is responsible for individuals before they can be |
| 1179 | transferred to a regional hospital shall be considered eligible. |
| 1180 | Section 30. Section 376.0705, Florida Statutes, is amended |
| 1181 | to read: |
| 1182 | 376.0705 Development of training programs and educational |
| 1183 | materials.--The department shall encourage the development of |
| 1184 | training programs for personnel needed for pollutant discharge |
| 1185 | prevention and cleanup activities. The department shall work |
| 1186 | with accredited community colleges, career vocational-technical |
| 1187 | centers, state universities, and private institutions in |
| 1188 | developing educational materials, courses of study, and other |
| 1189 | such information to be made available for persons seeking to be |
| 1190 | trained for pollutant discharge prevention and cleanup |
| 1191 | activities. |
| 1192 | Section 31. Paragraph (k) of subsection (3) of section |
| 1193 | 380.0651, Florida Statutes, is amended to read: |
| 1194 | 380.0651 Statewide guidelines and standards.-- |
| 1195 | (3) The following statewide guidelines and standards shall |
| 1196 | be applied in the manner described in s. 380.06(2) to determine |
| 1197 | whether the following developments shall be required to undergo |
| 1198 | development-of-regional-impact review: |
| 1199 | (k) Schools.-- |
| 1200 | 1. The proposed construction of any public, private, or |
| 1201 | proprietary postsecondary educational campus which provides for |
| 1202 | a design population of more than 5,000 full-time equivalent |
| 1203 | students, or the proposed physical expansion of any public, |
| 1204 | private, or proprietary postsecondary educational campus having |
| 1205 | such a design population that would increase the population by |
| 1206 | at least 20 percent of the design population. |
| 1207 | 2. As used in this paragraph, "full-time equivalent |
| 1208 | student" means enrollment for 15 or more quarter hours during a |
| 1209 | single academic semester. In career centers technical schools or |
| 1210 | other institutions which do not employ semester hours or quarter |
| 1211 | hours in accounting for student participation, enrollment for 18 |
| 1212 | contact hours shall be considered equivalent to one quarter |
| 1213 | hour, and enrollment for 27 contact hours shall be considered |
| 1214 | equivalent to one semester hour. |
| 1215 | 3. This paragraph does not apply to institutions which are |
| 1216 | the subject of a campus master plan adopted by the university |
| 1217 | board of trustees pursuant to s. 1013.30. |
| 1218 | Section 32. Paragraph (d) of subsection (2) of section |
| 1219 | 402.305, Florida Statutes, is amended to read: |
| 1220 | 402.305 Licensing standards; child care facilities.-- |
| 1221 | (2) PERSONNEL.--Minimum standards for child care personnel |
| 1222 | shall include minimum requirements as to: |
| 1223 | (d) Minimum training requirements for child care |
| 1224 | personnel. |
| 1225 | 1. Such minimum standards for training shall ensure that |
| 1226 | all child care personnel take an approved 40-clock-hour |
| 1227 | introductory course in child care, which course covers at least |
| 1228 | the following topic areas: |
| 1229 | a. State and local rules and regulations which govern |
| 1230 | child care. |
| 1231 | b. Health, safety, and nutrition. |
| 1232 | c. Identifying and reporting child abuse and neglect. |
| 1233 | d. Child development, including typical and atypical |
| 1234 | language, cognitive, motor, social, and self-help skills |
| 1235 | development. |
| 1236 | e. Observation of developmental behaviors, including using |
| 1237 | a checklist or other similar observation tools and techniques to |
| 1238 | determine the child's developmental age level. |
| 1239 | f. Specialized areas, including computer technology for |
| 1240 | professional and classroom use and early literacy and language |
| 1241 | development of children from birth to 5 years of age, as |
| 1242 | determined by the department, for owner-operators and child care |
| 1243 | personnel of a child care facility. |
| 1244 |
|
| 1245 | Within 90 days after employment, child care personnel shall |
| 1246 | begin training to meet the training requirements. Child care |
| 1247 | personnel shall successfully complete such training within 1 |
| 1248 | year after the date on which the training began, as evidenced by |
| 1249 | passage of a competency examination. Successful completion of |
| 1250 | the 40-clock-hour introductory course shall articulate into |
| 1251 | community college credit in early childhood education, pursuant |
| 1252 | to ss. 1007.24 and 1007.25. Exemption from all or a portion of |
| 1253 | the required training shall be granted to child care personnel |
| 1254 | based upon educational credentials or passage of competency |
| 1255 | examinations. Child care personnel possessing a 2-year degree or |
| 1256 | higher that includes 6 college credit hours in early childhood |
| 1257 | development or child growth and development, or a child |
| 1258 | development associate credential or an equivalent state-approved |
| 1259 | child development associate credential, or a child development |
| 1260 | associate waiver certificate shall be automatically exempted |
| 1261 | from the training requirements in sub-subparagraphs b., d., and |
| 1262 | e. |
| 1263 | 2. The introductory course in child care shall stress, to |
| 1264 | the extent possible, an interdisciplinary approach to the study |
| 1265 | of children. |
| 1266 | 3. On an annual basis in order to further their child care |
| 1267 | skills and, if appropriate, administrative skills, child care |
| 1268 | personnel who have fulfilled the requirements for the child care |
| 1269 | training shall be required to take an additional 1 continuing |
| 1270 | education unit of approved inservice training, or 10 clock hours |
| 1271 | of equivalent training, as determined by the department. |
| 1272 | 4. Child care personnel shall be required to complete 0.5 |
| 1273 | continuing education unit of approved training or 5 clock hours |
| 1274 | of equivalent training, as determined by the department, in |
| 1275 | early literacy and language development of children from birth |
| 1276 | to 5 years of age one time. The year that this training is |
| 1277 | completed, it shall fulfill the 0.5 continuing education unit or |
| 1278 | 5 clock hours of the annual training required in subparagraph 3. |
| 1279 | 5. Procedures for ensuring the training of qualified child |
| 1280 | care professionals to provide training of child care personnel, |
| 1281 | including onsite training, shall be included in the minimum |
| 1282 | standards. It is recommended that the state community child care |
| 1283 | coordination agencies (central agencies) be contracted by the |
| 1284 | department to coordinate such training when possible. Other |
| 1285 | district educational resources, such as community colleges and |
| 1286 | career vocational-technical programs, can be designated in such |
| 1287 | areas where central agencies may not exist or are determined not |
| 1288 | to have the capability to meet the coordination requirements set |
| 1289 | forth by the department. |
| 1290 | 6. Training requirements shall not apply to certain |
| 1291 | occasional or part-time support staff, including, but not |
| 1292 | limited to, swimming instructors, piano teachers, dance |
| 1293 | instructors, and gymnastics instructors. |
| 1294 | 7. The department shall evaluate or contract for an |
| 1295 | evaluation for the general purpose of determining the status of |
| 1296 | and means to improve staff training requirements and testing |
| 1297 | procedures. The evaluation shall be conducted every 2 years. The |
| 1298 | evaluation shall include, but not be limited to, determining the |
| 1299 | availability, quality, scope, and sources of current staff |
| 1300 | training; determining the need for specialty training; and |
| 1301 | determining ways to increase inservice training and ways to |
| 1302 | increase the accessibility, quality, and cost-effectiveness of |
| 1303 | current and proposed staff training. The evaluation methodology |
| 1304 | shall include a reliable and valid survey of child care |
| 1305 | personnel. |
| 1306 | 8. The child care operator shall be required to take basic |
| 1307 | training in serving children with disabilities within 5 years |
| 1308 | after employment, either as a part of the introductory training |
| 1309 | or the annual 8 hours of inservice training. |
| 1310 | Section 33. Subsections (3) and (4) of section 402.3051, |
| 1311 | Florida Statutes, are amended to read: |
| 1312 | 402.3051 Child care market rate reimbursement; child care |
| 1313 | grants.-- |
| 1314 | (3) The department may provide child care grants to |
| 1315 | central agencies, community colleges, and career |
| 1316 | vocational/technical programs for the purpose of providing |
| 1317 | support and technical assistance to licensed child care |
| 1318 | providers. |
| 1319 | (4) The department may use the state community child care |
| 1320 | coordination agencies (central agencies), community colleges, |
| 1321 | and career vocational/technical programs to implement this |
| 1322 | section. |
| 1323 | Section 34. Subsection (2) of section 403.716, Florida |
| 1324 | Statutes, is amended to read: |
| 1325 | 403.716 Training of operators of solid waste management |
| 1326 | and other facilities.-- |
| 1327 | (2) The department shall work with accredited community |
| 1328 | colleges, career vocational-technical centers, state |
| 1329 | universities, and private institutions in developing educational |
| 1330 | materials, courses of study, and other such information to be |
| 1331 | made available for persons seeking to be trained as operators of |
| 1332 | solid waste management facilities. |
| 1333 | Section 35. Subsection (8) of section 414.0252, Florida |
| 1334 | Statutes, is amended to read: |
| 1335 | 414.0252 Definitions.--As used in ss. 414.025-414.55, the |
| 1336 | term: |
| 1337 | (8) "Minor child" means a child under 18 years of age, or |
| 1338 | under 19 years of age if the child is a full-time student in a |
| 1339 | secondary school or at the equivalent level of career vocational |
| 1340 | or technical training, and does not include anyone who is |
| 1341 | married or divorced. |
| 1342 | Section 36. Subsection (11) of section 420.0004, Florida |
| 1343 | Statutes, is amended to read: |
| 1344 | 420.0004 Definitions.--As used in this part, unless the |
| 1345 | context otherwise indicates: |
| 1346 | (11) "Student" means any person not living with his or her |
| 1347 | parent or guardian who is eligible to be claimed by his or her |
| 1348 | parent or guardian as a dependent under the federal income tax |
| 1349 | code and who is enrolled on at least a half-time basis in a |
| 1350 | secondary school, career vocational-technical center, community |
| 1351 | college, college, or university. |
| 1352 | Section 37. Subsection (5) of section 420.524, Florida |
| 1353 | Statutes, is amended to read: |
| 1354 | 420.524 Definitions relating to Predevelopment Loan |
| 1355 | Program Act.--For the purpose of ss. 420.521-420.529, the term: |
| 1356 | (5) "Student" means any person not living with that |
| 1357 | person's parent or guardian who is eligible to be claimed by |
| 1358 | that person's parent or guardian as a dependent under the |
| 1359 | federal income tax code and who is enrolled on at least a half- |
| 1360 | time basis in a secondary school, career vocational-technical |
| 1361 | center, community college, college, or university. The term does |
| 1362 | not include a person participating in an educational or training |
| 1363 | program approved by the corporation. |
| 1364 | Section 38. Subsection (11) of section 420.602, Florida |
| 1365 | Statutes, is amended to read: |
| 1366 | 420.602 Definitions.--As used in this part, the following |
| 1367 | terms shall have the following meanings, unless the context |
| 1368 | otherwise requires: |
| 1369 | (11) "Student" means any person not living with his or her |
| 1370 | parent or guardian who is eligible to be claimed by his or her |
| 1371 | parent or guardian as a dependent under the federal income tax |
| 1372 | code and who is enrolled on at least a half-time basis in a |
| 1373 | secondary school, career vocational-technical center, community |
| 1374 | college, college, or university. |
| 1375 | Section 39. Paragraph (c) of subsection (1) of section |
| 1376 | 440.16, Florida Statutes, is amended to read: |
| 1377 | 440.16 Compensation for death.-- |
| 1378 | (1) If death results from the accident within 1 year |
| 1379 | thereafter or follows continuous disability and results from the |
| 1380 | accident within 5 years thereafter, the employer shall pay: |
| 1381 | (c) To the surviving spouse, payment of postsecondary |
| 1382 | student fees for instruction at any career area technical center |
| 1383 | established under s. 1001.44 for up to 1,800 classroom hours or |
| 1384 | payment of student fees at any community college established |
| 1385 | under part III of chapter 1004 for up to 80 semester hours. The |
| 1386 | spouse of a deceased state employee shall be entitled to a full |
| 1387 | waiver of such fees as provided in ss. 1009.22 and 1009.23 in |
| 1388 | lieu of the payment of such fees. The benefits provided for in |
| 1389 | this paragraph shall be in addition to other benefits provided |
| 1390 | for in this section and shall terminate 7 years after the death |
| 1391 | of the deceased employee, or when the total payment in eligible |
| 1392 | compensation under paragraph(b) has been received. To qualify |
| 1393 | for the educational benefit under this paragraph, the spouse |
| 1394 | shall be required to meet and maintain the regular admission |
| 1395 | requirements of, and be registered at, such career area |
| 1396 | technical center or community college, and make satisfactory |
| 1397 | academic progress as defined by the educational institution in |
| 1398 | which the student is enrolled. |
| 1399 | Section 40. Subsection (4) of section 443.171, Florida |
| 1400 | Statutes, is amended to read: |
| 1401 | 443.171 Agency for Workforce Innovation and commission; |
| 1402 | powers and duties; records and reports; proceedings; state- |
| 1403 | federal cooperation.-- |
| 1404 | (4) EMPLOYMENT STABILIZATION.--The Agency for Workforce |
| 1405 | Innovation, under the direction of Workforce Florida, Inc., |
| 1406 | shall take all appropriate steps to reduce and prevent |
| 1407 | unemployment; to encourage and assist in the adoption of |
| 1408 | practical methods of career vocational training, retraining, and |
| 1409 | career vocational guidance; to investigate, recommend, advise, |
| 1410 | and assist in the establishment and operation, by |
| 1411 | municipalities, counties, school districts, and the state, of |
| 1412 | reserves for public works to be used in times of business |
| 1413 | depression and unemployment; to promote the reemployment of the |
| 1414 | unemployed workers throughout the state in every other way that |
| 1415 | may be feasible; to refer any claimant entitled to extended |
| 1416 | benefits to suitable work which meets the criteria of this |
| 1417 | chapter; and, to these ends, to carry on and publish the results |
| 1418 | of investigations and research studies. |
| 1419 | Section 41. Subsection (2) of section 445.003, Florida |
| 1420 | Statutes, is amended to read: |
| 1421 | 445.003 Implementation of the federal Workforce Investment |
| 1422 | Act of 1998.-- |
| 1423 | (2) FIVE-YEAR PLAN.--Workforce Florida, Inc., shall |
| 1424 | prepare and submit a 5-year plan, which includes secondary |
| 1425 | career vocational education, to fulfill the early implementation |
| 1426 | requirements of Pub. L. No. 105-220 and applicable state |
| 1427 | statutes. Mandatory federal partners and optional federal |
| 1428 | partners shall be fully involved in designing the plan's one- |
| 1429 | stop delivery system strategy. The plan shall detail a process |
| 1430 | to clearly define each program's statewide duties and role |
| 1431 | relating to the system. Any optional federal partner may |
| 1432 | immediately choose to fully integrate its program's plan with |
| 1433 | this plan, which shall, notwithstanding any other state |
| 1434 | provisions, fulfill all their state planning and reporting |
| 1435 | requirements as they relate to the one-stop delivery system. The |
| 1436 | plan shall detail a process that would fully integrate all |
| 1437 | federally mandated and optional partners by the second year of |
| 1438 | the plan. All optional federal program partners in the planning |
| 1439 | process shall be mandatory participants in the second year of |
| 1440 | the plan. |
| 1441 | Section 42. Paragraphs (b) and (d) of subsection (6) of |
| 1442 | section 445.004, Florida Statutes, are amended to read: |
| 1443 | 445.004 Workforce Florida, Inc.; creation; purpose; |
| 1444 | membership; duties and powers.-- |
| 1445 | (6) Workforce Florida, Inc., may take action that it deems |
| 1446 | necessary to achieve the purposes of this section, including, |
| 1447 | but not limited to: |
| 1448 | (b) Establishing policy direction for a funding system |
| 1449 | that provides incentives to improve the outcomes of career |
| 1450 | vocational education programs, and of registered apprenticeship |
| 1451 | and work-based learning programs, and that focuses resources on |
| 1452 | occupations related to new or emerging industries that add |
| 1453 | greatly to the value of the state's economy. |
| 1454 | (d) Designating Institutes of Applied Technology composed |
| 1455 | of public and private postsecondary institutions working |
| 1456 | together with business and industry to ensure that career |
| 1457 | technical and vocational education programs use the most |
| 1458 | advanced technology and instructional methods available and |
| 1459 | respond to the changing needs of business and industry. |
| 1460 | Section 43. Paragraph (f) of subsection (8) of section |
| 1461 | 445.009, Florida Statutes, is amended to read: |
| 1462 | 445.009 One-stop delivery system.-- |
| 1463 | (8) |
| 1464 | (f) The accountability measures to be used in documenting |
| 1465 | competencies acquired by the participant during training shall |
| 1466 | be literacy completion points and occupational completion |
| 1467 | points. Literacy completion points refers to the academic or |
| 1468 | workforce readiness competencies that qualify a person for |
| 1469 | further basic education, career vocational education, or for |
| 1470 | employment. Occupational completion points refers to the career |
| 1471 | vocational competencies that qualify a person to enter an |
| 1472 | occupation that is linked to a career vocational program. |
| 1473 | Section 44. Subsections (5) and (9) of section 445.012, |
| 1474 | Florida Statutes, are amended to read: |
| 1475 | 445.012 Careers for Florida's Future Incentive Grant |
| 1476 | Program.-- |
| 1477 | (5) A recipient who is pursuing a baccalaureate degree |
| 1478 | shall receive $100 for each lower-division credit hour in which |
| 1479 | the student is enrolled at an eligible college or university, up |
| 1480 | to a maximum of $1,500 per semester, and $200 for each upper- |
| 1481 | division credit hour in which the student is enrolled at an |
| 1482 | eligible college or university, up to a maximum of $3,000 per |
| 1483 | semester. For purposes of this section, a student is pursuing a |
| 1484 | baccalaureate degree if he or she is in a program that |
| 1485 | articulates into a baccalaureate degree program by agreement of |
| 1486 | the Articulation Coordinating Committee. A student in an applied |
| 1487 | technology diploma program, a certificate career education |
| 1488 | program, or a degree career education program that does not |
| 1489 | articulate into a baccalaureate degree program shall receive $2 |
| 1490 | for each career vocational contact hour, or the equivalent, for |
| 1491 | certificate programs, or $60 for each credit hour, or the |
| 1492 | equivalent, for degree career education programs and applied |
| 1493 | technology programs for which the student is enrolled at an |
| 1494 | eligible college, career technical center, or nonpublic career |
| 1495 | education school. |
| 1496 | (9) Funds may not be used to pay for remedial, college- |
| 1497 | preparatory, or career-preparatory vocational-preparatory |
| 1498 | coursework. |
| 1499 | Section 45. Subsection (1) of section 445.0123, Florida |
| 1500 | Statutes, is amended to read: |
| 1501 | 445.0123 Eligible postsecondary education institutions.--A |
| 1502 | student is eligible for an award or the renewal of an award from |
| 1503 | the Careers for Florida's Future Incentive Grant Program if the |
| 1504 | student meets the requirements for the program as described in |
| 1505 | ss. 445.012-445.0125 and is enrolled in a postsecondary |
| 1506 | education institution that meets the description of any one of |
| 1507 | the following: |
| 1508 | (1) A public university, community college, or career |
| 1509 | technical center in this state. |
| 1510 | Section 46. Paragraph (g) of subsection (1) of section |
| 1511 | 445.024, Florida Statutes, is amended to read: |
| 1512 | 445.024 Work requirements.-- |
| 1513 | (1) WORK ACTIVITIES.--The following activities may be used |
| 1514 | individually or in combination to satisfy the work requirements |
| 1515 | for a participant in the temporary cash assistance program: |
| 1516 | (g) Career Vocational education or training.--Career |
| 1517 | Vocational education or training is education or training |
| 1518 | designed to provide participants with the skills and |
| 1519 | certification necessary for employment in an occupational area. |
| 1520 | Career Vocational education or training may be used as a primary |
| 1521 | program activity for participants when it has been determined |
| 1522 | that the individual has demonstrated compliance with other |
| 1523 | phases of program participation and successful completion of the |
| 1524 | career vocational education or training is likely to result in |
| 1525 | employment entry at a higher wage than the participant would |
| 1526 | have been likely to attain without completion of the career |
| 1527 | vocational education or training. Career Vocational education or |
| 1528 | training may be combined with other program activities and also |
| 1529 | may be used to upgrade skills or prepare for a higher paying |
| 1530 | occupational area for a participant who is employed. |
| 1531 | 1. Unless otherwise provided in this section, career |
| 1532 | vocational education shall not be used as the primary program |
| 1533 | activity for a period which exceeds 12 months. The 12-month |
| 1534 | restriction applies to instruction in a career education program |
| 1535 | and does not include remediation of basic skills, including |
| 1536 | English language proficiency, if remediation is necessary to |
| 1537 | enable a participant to benefit from a career education program. |
| 1538 | Any necessary remediation must be completed before a participant |
| 1539 | is referred to career vocational education as the primary work |
| 1540 | activity. In addition, use of career vocational education or |
| 1541 | training shall be restricted to the limitation established in |
| 1542 | federal law. Career Vocational education included in a program |
| 1543 | leading to a high school diploma shall not be considered career |
| 1544 | vocational education for purposes of this section. |
| 1545 | 2. When possible, a provider of career vocational |
| 1546 | education or training shall use funds provided by funding |
| 1547 | sources other than the regional workforce board. The regional |
| 1548 | workforce board may provide additional funds to a career |
| 1549 | vocational education or training provider only if payment is |
| 1550 | made pursuant to a performance-based contract. Under a |
| 1551 | performance-based contract, the provider may be partially paid |
| 1552 | when a participant completes education or training, but the |
| 1553 | majority of payment shall be made following the participant's |
| 1554 | employment at a specific wage or job retention for a specific |
| 1555 | duration. Performance-based payments made under this |
| 1556 | subparagraph are limited to education or training for targeted |
| 1557 | occupations identified by the Workforce Estimating Conference |
| 1558 | under s. 216.136, or other programs identified by Workforce |
| 1559 | Florida, Inc., as beneficial to meet the needs of designated |
| 1560 | groups who are hard to place. If the contract pays the full cost |
| 1561 | of training, the community college or school district may not |
| 1562 | report the participants for other state funding. |
| 1563 | Section 47. Paragraph (i) of subsection (7) of section |
| 1564 | 445.049, Florida Statutes, is amended to read: |
| 1565 | 445.049 Digital Divide Council.-- |
| 1566 | (7) PROGRAM OBJECTIVES AND GOALS.--The programs authorized |
| 1567 | by this section shall have the following objectives and goals: |
| 1568 | (i) Using information technology to enable members of at- |
| 1569 | risk families who are no longer enrolled in K-12 schools to |
| 1570 | obtain the education needed to achieve successful completion of |
| 1571 | general education development test preparation to earn a high |
| 1572 | school diploma, an applied technology diploma, a career |
| 1573 | vocational certificate, an associate of arts degree, or a |
| 1574 | baccalaureate degree. |
| 1575 | Section 48. Subsection (1) of section 446.011, Florida |
| 1576 | Statutes, is amended to read: |
| 1577 | 446.011 Legislative intent regarding apprenticeship |
| 1578 | training.-- |
| 1579 | (1) It is the intent of the State of Florida to provide |
| 1580 | educational opportunities for its young people so that they can |
| 1581 | be trained for trades, occupations, and professions suited to |
| 1582 | their abilities. It is the intent of this act to promote the |
| 1583 | mode of training known as apprenticeship in occupations |
| 1584 | throughout industry in the state that require physical |
| 1585 | manipulative skills. By broadening job training opportunities |
| 1586 | and providing for increased coordination between public school |
| 1587 | academic programs, career vocational programs, and registered |
| 1588 | apprenticeship programs, the young people of the state will |
| 1589 | benefit from the valuable training opportunities developed when |
| 1590 | on-the-job training is combined with academic-related classroom |
| 1591 | experiences. This act is intended to develop the apparent |
| 1592 | potentials in apprenticeship training by assisting in the |
| 1593 | establishment of preapprenticeship programs in the public school |
| 1594 | system and elsewhere and by expanding presently registered |
| 1595 | programs as well as promoting new registered programs in jobs |
| 1596 | that lend themselves to apprenticeship training. |
| 1597 | Section 49. Subsection (2) of section 446.052, Florida |
| 1598 | Statutes, is amended to read: |
| 1599 | 446.052 Preapprenticeship program.-- |
| 1600 | (2) The Division of Workforce Development of the |
| 1601 | Department of Education, under regulations established by the |
| 1602 | State Board of Education, is authorized to administer the |
| 1603 | provisions of ss. 446.011-446.092 that relate to |
| 1604 | preapprenticeship programs in cooperation with district school |
| 1605 | boards and community college district boards of trustees. |
| 1606 | District school boards, community college district boards of |
| 1607 | trustees, and registered program sponsors shall cooperate in |
| 1608 | developing and establishing programs that include career |
| 1609 | vocational instruction and general education courses required to |
| 1610 | obtain a high school diploma. |
| 1611 | Section 50. Subsection (5) of section 446.22, Florida |
| 1612 | Statutes, is amended to read: |
| 1613 | 446.22 Definitions.--As used in this act, the following |
| 1614 | words and phrases shall have the meanings set forth herein, |
| 1615 | except where the context otherwise requires: |
| 1616 | (5) "Educational facility" means any secondary school, |
| 1617 | community college, university, or career center vocational |
| 1618 | school participating in the program. |
| 1619 | Section 51. Paragraph (a) of subsection (2), paragraph (a) |
| 1620 | of subsection (3), and paragraph (a) of subsection (4) of |
| 1621 | section 475.17, Florida Statutes, are amended to read: |
| 1622 | 475.17 Qualifications for practice.-- |
| 1623 | (2)(a)1. In addition to other requirements under this |
| 1624 | part, the commission may require the satisfactory completion of |
| 1625 | one or more of the educational courses or equivalent courses |
| 1626 | conducted, offered, sponsored, prescribed, or approved pursuant |
| 1627 | to s. 475.04, taken at an accredited college, university, or |
| 1628 | community college, at a career an area technical center, or at a |
| 1629 | registered real estate school, as a condition precedent for any |
| 1630 | person to become licensed or to renew her or his license as a |
| 1631 | broker, broker associate, or sales associate. The course or |
| 1632 | courses required for one to become initially licensed shall not |
| 1633 | exceed a total of 63 classroom hours of 50 minutes each, |
| 1634 | inclusive of examination, for a sales associate and 72 classroom |
| 1635 | hours of 50 minutes each, inclusive of examination, for a |
| 1636 | broker. The satisfactory completion of an examination |
| 1637 | administered by the accredited college, university, or community |
| 1638 | college, by a career the area technical center, or by the |
| 1639 | registered real estate school shall be the basis for determining |
| 1640 | satisfactory completion of the course. However, notice of |
| 1641 | satisfactory completion shall not be issued if the student has |
| 1642 | absences in excess of 8 classroom hours. |
| 1643 | 2. A distance learning course or courses shall be approved |
| 1644 | by the commission as an option to classroom hours as |
| 1645 | satisfactory completion of the course or courses as required by |
| 1646 | this section. The schools authorized by this section have the |
| 1647 | option of providing classroom courses, distance learning |
| 1648 | courses, or both. However, satisfactory completion of a distance |
| 1649 | learning course requires the satisfactory completion of a timed |
| 1650 | distance learning course examination. Such examination shall not |
| 1651 | be required to be monitored or given at a centralized location. |
| 1652 | 3. Such required course or courses must be made available |
| 1653 | by correspondence or other suitable means to any person who, by |
| 1654 | reason of hardship, as defined by rule, cannot attend the place |
| 1655 | or places where the course or courses are regularly conducted or |
| 1656 | does not have access to the distance learning course or courses. |
| 1657 | (3)(a) The commission may prescribe a postlicensure |
| 1658 | education requirement in order for a person to maintain a valid |
| 1659 | sales associate's license, which shall not exceed 45 classroom |
| 1660 | hours of 50 minutes each, inclusive of examination, prior to the |
| 1661 | first renewal following initial licensure. If prescribed, this |
| 1662 | shall consist of one or more commission-approved courses which |
| 1663 | total at least 45 classroom hours on one or more subjects which |
| 1664 | include, but are not limited to, property management, appraisal, |
| 1665 | real estate finance, the economics of real estate management, |
| 1666 | marketing, technology, sales and listing of properties, business |
| 1667 | office management, courses teaching practical real estate |
| 1668 | application skills, development of business plans, marketing of |
| 1669 | property, and time management. Required postlicensure education |
| 1670 | courses must be provided by an accredited college, university, |
| 1671 | or community college, by a career an area technical center, by a |
| 1672 | registered real estate school, or by a commission-approved |
| 1673 | sponsor. |
| 1674 | (4)(a) The commission may prescribe a postlicensure |
| 1675 | education requirement in order for a person to maintain a valid |
| 1676 | broker's license, which shall not exceed 60 classroom hours of |
| 1677 | 50 minutes each, inclusive of examination, prior to the first |
| 1678 | renewal following initial licensure. If prescribed, this shall |
| 1679 | consist of one or more commission-approved courses which total |
| 1680 | at least 60 classroom hours on one or more subjects which |
| 1681 | include, but are not limited to, advanced appraisal, advanced |
| 1682 | property management, real estate marketing, business law, |
| 1683 | advanced real estate investment analyses, advanced legal |
| 1684 | aspects, general accounting, real estate economics, |
| 1685 | syndications, commercial brokerage, feasibility analyses, |
| 1686 | advanced real estate finance, residential brokerage, advanced |
| 1687 | marketing, technology, advanced business planning, time |
| 1688 | management, or real estate brokerage office operations. Required |
| 1689 | postlicensure education courses must be provided by an |
| 1690 | accredited college, university, or community college, by a |
| 1691 | career an area technical center, by a registered real estate |
| 1692 | school, or by a commission-approved sponsor. |
| 1693 | Section 52. Subsection (1) and paragraph (c) of subsection |
| 1694 | (2) of section 475.451, Florida Statutes, are amended to read: |
| 1695 | 475.451 Schools teaching real estate practice.-- |
| 1696 | (1) Each person, school, or institution, except approved |
| 1697 | and accredited colleges, universities, community colleges, and |
| 1698 | career area technical centers in this state, which offers or |
| 1699 | conducts any course of study in real estate practice, teaches |
| 1700 | any course prescribed by the commission as a condition precedent |
| 1701 | to licensure or renewal of licensure as a broker or sales |
| 1702 | associate, or teaches any course designed or represented to |
| 1703 | enable or assist applicants for licensure as brokers or sales |
| 1704 | associates to pass examinations for such licensure shall, before |
| 1705 | commencing or continuing further to offer or conduct such course |
| 1706 | or courses, obtain a permit from the department and abide by the |
| 1707 | regulations imposed upon such person, school, or institution by |
| 1708 | this chapter and rules of the commission adopted pursuant to |
| 1709 | this chapter. The exemption for colleges, universities, |
| 1710 | community colleges, and career area technical centers is limited |
| 1711 | to transferable college credit courses offered by such |
| 1712 | institutions. |
| 1713 | (2) An applicant for a permit to operate a proprietary |
| 1714 | real estate school, to be a chief administrator of a proprietary |
| 1715 | real estate school or a state institution, or to be an |
| 1716 | instructor for a proprietary real estate school or a state |
| 1717 | institution must meet the qualifications for practice set forth |
| 1718 | in s. 475.17(1) and the following minimal requirements: |
| 1719 | (c) "School instructor" means an individual who instructs |
| 1720 | persons in the classroom in noncredit college courses in a |
| 1721 | college, university, or community college or courses in a career |
| 1722 | an area technical center or proprietary real estate school. |
| 1723 | 1. Before commencing to provide such instruction, the |
| 1724 | applicant must certify the applicant's competency and obtain an |
| 1725 | instructor permit by meeting one of the following requirements: |
| 1726 | a. Hold a bachelor's degree in a business-related subject, |
| 1727 | such as real estate, finance, accounting, business |
| 1728 | administration, or its equivalent and hold a valid broker's |
| 1729 | license in this state. |
| 1730 | b. Hold a bachelor's degree, have extensive real estate |
| 1731 | experience, as defined by rule, and hold a valid broker's |
| 1732 | license in this state. |
| 1733 | c. Pass an instructor's examination approved by the |
| 1734 | commission. |
| 1735 | 2. Any requirement by the commission for a teaching |
| 1736 | demonstration or practical examination must apply to all school |
| 1737 | instructor applicants. |
| 1738 | 3. The department shall renew an instructor permit upon |
| 1739 | receipt of a renewal application and fee. The renewal |
| 1740 | application shall include proof that the permitholder has, since |
| 1741 | the issuance or renewal of the current permit, successfully |
| 1742 | completed a minimum of 7 classroom hours of instruction in real |
| 1743 | estate subjects or instructional techniques, as prescribed by |
| 1744 | the commission. The commission shall adopt rules providing for |
| 1745 | the renewal of instructor permits at least every 2 years. Any |
| 1746 | permit which is not renewed at the end of the permit period |
| 1747 | established by the department shall automatically revert to |
| 1748 | involuntarily inactive status. |
| 1749 |
|
| 1750 | The department may require an applicant to submit names of |
| 1751 | persons having knowledge concerning the applicant and the |
| 1752 | enterprise; may propound interrogatories to such persons and to |
| 1753 | the applicant concerning the character of the applicant, |
| 1754 | including the taking of fingerprints for processing through the |
| 1755 | Federal Bureau of Investigation; and shall make such |
| 1756 | investigation of the applicant or the school or institution as |
| 1757 | it may deem necessary to the granting of the permit. If an |
| 1758 | objection is filed, it shall be considered in the same manner as |
| 1759 | objections or administrative complaints against other applicants |
| 1760 | for licensure by the department. |
| 1761 | Section 53. Subsection (1), paragraph (b) of subsection |
| 1762 | (2), paragraph (b) of subsection (3), and paragraph (b) of |
| 1763 | subsection (4) of section 475.617, Florida Statutes, are amended |
| 1764 | to read: |
| 1765 | 475.617 Education and experience requirements.-- |
| 1766 | (1) To be registered as a trainee appraiser, an applicant |
| 1767 | must present evidence satisfactory to the board that she or he |
| 1768 | has successfully completed at least 75 hours of approved |
| 1769 | academic courses in subjects related to real estate appraisal, |
| 1770 | which shall include coverage of the Uniform Standards of |
| 1771 | Professional Appraisal Practice from a nationally recognized or |
| 1772 | state-recognized appraisal organization, career area technical |
| 1773 | center, accredited community college, college, or university, |
| 1774 | state or federal agency or commission, or proprietary real |
| 1775 | estate school that holds a permit pursuant to s. 475.451. The |
| 1776 | board may increase the required number of hours to not more than |
| 1777 | 100 hours. A classroom hour is defined as 50 minutes out of each |
| 1778 | 60-minute segment. Past courses may be approved on an hour-for- |
| 1779 | hour basis. |
| 1780 | (2) To be licensed as an appraiser, an applicant must |
| 1781 | present evidence satisfactory to the board that she or he: |
| 1782 | (b) Has successfully completed at least 90 classroom |
| 1783 | hours, inclusive of examination, of approved academic courses in |
| 1784 | subjects related to real estate appraisal, which shall include |
| 1785 | coverage of the Uniform Standards of Professional Appraisal |
| 1786 | Practice from a nationally recognized or state-recognized |
| 1787 | appraisal organization, career area technical center, accredited |
| 1788 | community college, college, or university, state or federal |
| 1789 | agency or commission, or proprietary real estate school that |
| 1790 | holds a permit pursuant to s. 475.451. The board may increase |
| 1791 | the required number of hours to not more than 120 hours. A |
| 1792 | classroom hour is defined as 50 minutes out of each 60-minute |
| 1793 | segment. Past courses may be approved by the board and |
| 1794 | substituted on an hour-for-hour basis. |
| 1795 | (3) To be certified as a residential appraiser, an |
| 1796 | applicant must present satisfactory evidence to the board that |
| 1797 | she or he: |
| 1798 | (b) Has successfully completed at least 120 classroom |
| 1799 | hours, inclusive of examination, of approved academic courses in |
| 1800 | subjects related to real estate appraisal, which shall include |
| 1801 | coverage of the Uniform Standards of Professional Appraisal |
| 1802 | Practice from a nationally recognized or state-recognized |
| 1803 | appraisal organization, career area technical center, accredited |
| 1804 | community college, college, or university, state or federal |
| 1805 | agency or commission, or proprietary real estate school that |
| 1806 | holds a permit pursuant to s. 475.451. The board may increase |
| 1807 | the required number of hours to not more than 165 hours. A |
| 1808 | classroom hour is defined as 50 minutes out of each 60-minute |
| 1809 | segment. Past courses may be approved by the board and |
| 1810 | substituted on an hour-for-hour basis. |
| 1811 | (4) To be certified as a general appraiser, an applicant |
| 1812 | must present evidence satisfactory to the board that she or he: |
| 1813 | (b) Has successfully completed at least 180 classroom |
| 1814 | hours, inclusive of examination, of approved academic courses in |
| 1815 | subjects related to real estate appraisal, which shall include |
| 1816 | coverage of the Uniform Standards of Professional Appraisal |
| 1817 | Practice from a nationally recognized or state-recognized |
| 1818 | appraisal organization, career area technical center, accredited |
| 1819 | community college, college, or university, state or federal |
| 1820 | agency or commission, or proprietary real estate school that |
| 1821 | holds a permit pursuant to s. 475.451. The board may increase |
| 1822 | the required number of hours to not more than 225 hours. A |
| 1823 | classroom hour is defined as 50 minutes out of each 60-minute |
| 1824 | segment. Past courses may be approved by the board and |
| 1825 | substituted on an hour-for-hour basis. |
| 1826 | Section 54. Subsection (1) of section 475.6175, Florida |
| 1827 | Statutes, is amended to read: |
| 1828 | 475.6175 Registered trainee appraiser; postlicensure |
| 1829 | education required.-- |
| 1830 | (1) The board shall prescribe postlicensure educational |
| 1831 | requirements in order for a person to maintain a valid |
| 1832 | registration as a registered trainee appraiser. If prescribed, |
| 1833 | the postlicensure educational requirements consist of one or |
| 1834 | more courses which total no more than the total educational |
| 1835 | hours required to qualify as a state certified residential |
| 1836 | appraiser. Such courses must be in subjects related to real |
| 1837 | estate appraisal and shall include coverage of the Uniform |
| 1838 | Standards of Professional Appraisal Practice. Such courses are |
| 1839 | provided by a nationally or state-recognized appraisal |
| 1840 | organization, career area technical center, accredited community |
| 1841 | college, college, or university, state or federal agency or |
| 1842 | commission, or proprietary real estate school that holds a |
| 1843 | permit pursuant to s. 475.451. |
| 1844 | Section 55. Paragraph (c) of subsection (1) of section |
| 1845 | 475.618, Florida Statutes, is amended to read: |
| 1846 | 475.618 Renewal of registration, license, certification, |
| 1847 | or instructor permit; continuing education.-- |
| 1848 | (1) |
| 1849 | (c) The board may authorize independent certification |
| 1850 | organizations to certify or approve the delivery method of |
| 1851 | distance learning courses. Certification from such authorized |
| 1852 | organizations must be provided at the time a distance learning |
| 1853 | course is submitted to the board by an accredited college, |
| 1854 | university, community college, career area technical center, |
| 1855 | proprietary real estate school, or board-approved sponsor for |
| 1856 | content approval. |
| 1857 | Section 56. Subsections (1) and (2) of section 475.627, |
| 1858 | Florida Statutes, are amended to read: |
| 1859 | 475.627 Appraisal course instructors.-- |
| 1860 | (1) Where the course or courses to be taught are |
| 1861 | prescribed by the board or approved precedent to registration, |
| 1862 | licensure, certification, or renewal as a registered trainee |
| 1863 | appraiser, licensed appraiser, or certified residential |
| 1864 | appraiser, before commencing to instruct noncredit college |
| 1865 | courses in a college, university, or community college, or |
| 1866 | courses in a career an area technical center or proprietary real |
| 1867 | estate school, a person must certify her or his competency by |
| 1868 | meeting one of the following requirements: |
| 1869 | (a) Hold a valid certification as a residential real |
| 1870 | estate appraiser in this or any other state. |
| 1871 | (b) Pass an appraiser instructor's examination which shall |
| 1872 | test knowledge of residential appraisal topics. |
| 1873 | (2) Where the course or courses to be taught are |
| 1874 | prescribed by the board or approved precedent to registration, |
| 1875 | licensure, certification, or renewal as a registered trainee |
| 1876 | appraiser, licensed appraiser, or certified appraiser, before |
| 1877 | commencing to instruct noncredit college courses in a college, |
| 1878 | university, or community college, or courses in a career an area |
| 1879 | technical center or proprietary real estate school, a person |
| 1880 | must certify her or his competency by meeting one of the |
| 1881 | following requirements: |
| 1882 | (a) Hold a valid certification as a general real estate |
| 1883 | appraiser in this or any other state. |
| 1884 | (b) Pass an appraiser instructor's examination which shall |
| 1885 | test knowledge of residential and nonresidential appraisal |
| 1886 | topics. |
| 1887 | Section 57. Subsection (1) of section 494.0029, Florida |
| 1888 | Statutes, is amended to read: |
| 1889 | 494.0029 Mortgage business schools.-- |
| 1890 | (1) Each person, school, or institution, except accredited |
| 1891 | colleges, universities, community colleges, and career area |
| 1892 | technical centers in this state, which offers or conducts |
| 1893 | mortgage business training as a condition precedent to licensure |
| 1894 | as a mortgage broker or lender or a correspondent mortgage |
| 1895 | lender shall obtain a permit from the office and abide by the |
| 1896 | regulations imposed upon such person, school, or institution by |
| 1897 | this chapter and rules adopted pursuant to this chapter. The |
| 1898 | commission shall, by rule, recertify the permits annually with |
| 1899 | initial and renewal permit fees that do not exceed $500 plus the |
| 1900 | cost of accreditation. |
| 1901 | Section 58. Paragraph (a) of subsection (2) of section |
| 1902 | 509.302, Florida Statutes, is amended to read: |
| 1903 | 509.302 Director of education, personnel, employment |
| 1904 | duties, compensation.-- |
| 1905 | (2) The director of education shall develop and implement |
| 1906 | an educational program, designated the "Hospitality Education |
| 1907 | Program," offered for the benefit of the entire industry. This |
| 1908 | program may affiliate with Florida State University, Florida |
| 1909 | International University, and the University of Central Florida. |
| 1910 | The program may also affiliate with any other member of the |
| 1911 | State University System or Florida Community College System, or |
| 1912 | with any privately funded college or university, which offers a |
| 1913 | program of hospitality administration and management. The |
| 1914 | primary goal of this program is to instruct and train all |
| 1915 | individuals and businesses licensed under this chapter, in |
| 1916 | cooperation with recognized associations that represent the |
| 1917 | licensees, in the application of state and federal laws and |
| 1918 | rules. Such programs shall also include: |
| 1919 | (a) Career Vocational training. |
| 1920 | Section 59. Subsection (4) of section 553.841, Florida |
| 1921 | Statutes, is amended to read: |
| 1922 | 553.841 Building code training program; participant |
| 1923 | competency requirements.-- |
| 1924 | (4) The commission may enter into contracts with the |
| 1925 | Department of Education, the State University System, the |
| 1926 | Division of Community Colleges, model code organizations, |
| 1927 | professional organizations, career centers vocational-technical |
| 1928 | schools, trade organizations, and private industry to administer |
| 1929 | the program. |
| 1930 | Section 60. Subsection (12) of section 790.06, Florida |
| 1931 | Statutes, is amended to read: |
| 1932 | 790.06 License to carry concealed weapon or firearm.-- |
| 1933 | (12) No license issued pursuant to this section shall |
| 1934 | authorize any person to carry a concealed weapon or firearm into |
| 1935 | any place of nuisance as defined in s. 823.05; any police, |
| 1936 | sheriff, or highway patrol station; any detention facility, |
| 1937 | prison, or jail; any courthouse; any courtroom, except that |
| 1938 | nothing in this section would preclude a judge from carrying a |
| 1939 | concealed weapon or determining who will carry a concealed |
| 1940 | weapon in his or her courtroom; any polling place; any meeting |
| 1941 | of the governing body of a county, public school district, |
| 1942 | municipality, or special district; any meeting of the |
| 1943 | Legislature or a committee thereof; any school, college, or |
| 1944 | professional athletic event not related to firearms; any school |
| 1945 | administration building; any portion of an establishment |
| 1946 | licensed to dispense alcoholic beverages for consumption on the |
| 1947 | premises, which portion of the establishment is primarily |
| 1948 | devoted to such purpose; any elementary or secondary school |
| 1949 | facility; any career area technical center; any college or |
| 1950 | university facility unless the licensee is a registered student, |
| 1951 | employee, or faculty member of such college or university and |
| 1952 | the weapon is a stun gun or nonlethal electric weapon or device |
| 1953 | designed solely for defensive purposes and the weapon does not |
| 1954 | fire a dart or projectile; inside the passenger terminal and |
| 1955 | sterile area of any airport, provided that no person shall be |
| 1956 | prohibited from carrying any legal firearm into the terminal, |
| 1957 | which firearm is encased for shipment for purposes of checking |
| 1958 | such firearm as baggage to be lawfully transported on any |
| 1959 | aircraft; or any place where the carrying of firearms is |
| 1960 | prohibited by federal law. Any person who willfully violates any |
| 1961 | provision of this subsection commits a misdemeanor of the second |
| 1962 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 1963 | Section 61. Section 790.115, Florida Statutes, is amended |
| 1964 | to read: |
| 1965 | 790.115 Possessing or discharging weapons or firearms at a |
| 1966 | school-sponsored event or on school property prohibited; |
| 1967 | penalties; exceptions.-- |
| 1968 | (1) A person who exhibits any sword, sword cane, firearm, |
| 1969 | electric weapon or device, destructive device, or other weapon, |
| 1970 | including a razor blade, box cutter, or knife, except as |
| 1971 | authorized in support of school-sanctioned activities, in the |
| 1972 | presence of one or more persons in a rude, careless, angry, or |
| 1973 | threatening manner and not in lawful self-defense, at a school- |
| 1974 | sponsored event or on the grounds or facilities of any school, |
| 1975 | school bus, or school bus stop, or within 1,000 feet of the real |
| 1976 | property that comprises a public or private elementary school, |
| 1977 | middle school, or secondary school, during school hours or |
| 1978 | during the time of a sanctioned school activity, commits a |
| 1979 | felony of the third degree, punishable as provided in s. |
| 1980 | 775.082, s. 775.083, or s. 775.084. This subsection does not |
| 1981 | apply to the exhibition of a firearm or weapon on private real |
| 1982 | property within 1,000 feet of a school by the owner of such |
| 1983 | property or by a person whose presence on such property has been |
| 1984 | authorized, licensed, or invited by the owner. |
| 1985 | (2)(a) A person shall not possess any firearm, electric |
| 1986 | weapon or device, destructive device, or other weapon, including |
| 1987 | a razor blade, box cutter, or knife, except as authorized in |
| 1988 | support of school-sanctioned activities, at a school-sponsored |
| 1989 | event or on the property of any school, school bus, or school |
| 1990 | bus stop; however, a person may carry a firearm: |
| 1991 | 1. In a case to a firearms program, class or function |
| 1992 | which has been approved in advance by the principal or chief |
| 1993 | administrative officer of the school as a program or class to |
| 1994 | which firearms could be carried; |
| 1995 | 2. In a case to a career center vocational school having a |
| 1996 | firearms training range; or |
| 1997 | 3. In a vehicle pursuant to s. 790.25(5); except that |
| 1998 | school districts may adopt written and published policies that |
| 1999 | waive the exception in this subparagraph for purposes of student |
| 2000 | and campus parking privileges. |
| 2001 |
|
| 2002 | For the purposes of this section, "school" means any preschool, |
| 2003 | elementary school, middle school, junior high school, secondary |
| 2004 | school, career center vocational school, or postsecondary |
| 2005 | school, whether public or nonpublic. |
| 2006 | (b) A person who willfully and knowingly possesses any |
| 2007 | electric weapon or device, destructive device, or other weapon, |
| 2008 | including a razor blade, box cutter, or knife, except as |
| 2009 | authorized in support of school-sanctioned activities, in |
| 2010 | violation of this subsection commits a felony of the third |
| 2011 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 2012 | 775.084. |
| 2013 | (c)1. A person who willfully and knowingly possesses any |
| 2014 | firearm in violation of this subsection commits a felony of the |
| 2015 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 2016 | or s. 775.084. |
| 2017 | 2. A person who stores or leaves a loaded firearm within |
| 2018 | the reach or easy access of a minor who obtains the firearm and |
| 2019 | commits a violation of subparagraph 1. commits a misdemeanor of |
| 2020 | the second degree, punishable as provided in s. 775.082 or s. |
| 2021 | 775.083; except that this does not apply if the firearm was |
| 2022 | stored or left in a securely locked box or container or in a |
| 2023 | location which a reasonable person would have believed to be |
| 2024 | secure, or was securely locked with a firearm-mounted push- |
| 2025 | button combination lock or a trigger lock; if the minor obtains |
| 2026 | the firearm as a result of an unlawful entry by any person; or |
| 2027 | to members of the Armed Forces, National Guard, or State |
| 2028 | Militia, or to police or other law enforcement officers, with |
| 2029 | respect to firearm possession by a minor which occurs during or |
| 2030 | incidental to the performance of their official duties. |
| 2031 | (d) A person who discharges any weapon or firearm while in |
| 2032 | violation of paragraph (a), unless discharged for lawful defense |
| 2033 | of himself or herself or another or for a lawful purpose, |
| 2034 | commits a felony of the second degree, punishable as provided in |
| 2035 | s. 775.082, s. 775.083, or s. 775.084. |
| 2036 | (e) The penalties of this subsection shall not apply to |
| 2037 | persons licensed under s. 790.06. Persons licensed under s. |
| 2038 | 790.06 shall be punished as provided in s. 790.06(12), except |
| 2039 | that a licenseholder who unlawfully discharges a weapon or |
| 2040 | firearm on school property as prohibited by this subsection |
| 2041 | commits a felony of the second degree, punishable as provided in |
| 2042 | s. 775.082, s. 775.083, or s. 775.084. |
| 2043 | (3) This section does not apply to any law enforcement |
| 2044 | officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), |
| 2045 | (8), (9), or (14). |
| 2046 | (4) Notwithstanding s. 985.213, s. 985.214, or s. |
| 2047 | 985.215(1), any minor under 18 years of age who is charged under |
| 2048 | this section with possessing or discharging a firearm on school |
| 2049 | property shall be detained in secure detention, unless the state |
| 2050 | attorney authorizes the release of the minor, and shall be given |
| 2051 | a probable cause hearing within 24 hours after being taken into |
| 2052 | custody. At the hearing, the court may order that the minor |
| 2053 | continue to be held in secure detention for a period of 21 days, |
| 2054 | during which time the minor shall receive medical, psychiatric, |
| 2055 | psychological, or substance abuse examinations pursuant to s. |
| 2056 | 985.224, and a written report shall be completed. |
| 2057 | Section 62. Section 810.095, Florida Statutes, is amended |
| 2058 | to read: |
| 2059 | 810.095 Trespass on school property with firearm or other |
| 2060 | weapon prohibited.-- |
| 2061 | (1) It is a felony of the third degree, punishable as |
| 2062 | provided in s. 775.082, s. 775.083, or s. 775.084, for a person |
| 2063 | who is trespassing upon school property to bring onto, or to |
| 2064 | possess on, such school property, any weapon or firearm. |
| 2065 | (2) As used in this section, "school property" means the |
| 2066 | grounds or facility of any kindergarten, elementary school, |
| 2067 | middle school, junior high school, secondary school, career |
| 2068 | center vocational school, or postsecondary school, whether |
| 2069 | public or nonpublic. |
| 2070 | Section 63. Paragraph (b) of subsection (6) of section |
| 2071 | 943.14, Florida Statutes, is amended to read: |
| 2072 | 943.14 Commission-certified criminal justice training |
| 2073 | schools; certificates and diplomas; exemptions; injunctive |
| 2074 | relief; fines.-- |
| 2075 | (6) |
| 2076 | (b) All other criminal justice sciences or administration |
| 2077 | courses or subjects which are a part of the curriculum of any |
| 2078 | accredited college, university, community college, or career |
| 2079 | vocational-technical center of this state, and all full-time |
| 2080 | instructors of such institutions, are exempt from the provisions |
| 2081 | of subsections (1)-(5). |
| 2082 | Section 64. Paragraph (c) of subsection (11) of section |
| 2083 | 948.015, Florida Statutes, is amended to read: |
| 2084 | 948.015 Presentence investigation reports.--The circuit |
| 2085 | court, when the defendant in a criminal case has been found |
| 2086 | guilty or has entered a plea of nolo contendere or guilty and |
| 2087 | has a lowest permissible sentence under the Criminal Punishment |
| 2088 | Code of any nonstate prison sanction, may refer the case to the |
| 2089 | department for investigation or recommendation. Upon such |
| 2090 | referral, the department shall make the following report in |
| 2091 | writing at a time specified by the court prior to sentencing. |
| 2092 | The full report shall include: |
| 2093 | (11) Information about any resources available to assist |
| 2094 | the offender, such as: |
| 2095 | (c) Career Vocational training programs. |
| 2096 | Section 65. Paragraph (b) of subsection (3) of section |
| 2097 | 948.09, Florida Statutes, is amended to read: |
| 2098 | 948.09 Payment for cost of supervision and |
| 2099 | rehabilitation.-- |
| 2100 | (3) Any failure to pay contribution as required under this |
| 2101 | section may constitute a ground for the revocation of probation |
| 2102 | by the court, the revocation of parole or conditional release by |
| 2103 | the Parole Commission, the revocation of control release by the |
| 2104 | Control Release Authority, or removal from the pretrial |
| 2105 | intervention program by the state attorney. The Department of |
| 2106 | Corrections may exempt a person from the payment of all or any |
| 2107 | part of the contribution if it finds any of the following |
| 2108 | factors to exist: |
| 2109 | (b) The offender is a student in a school, college, |
| 2110 | university, or course of career vocational or technical training |
| 2111 | designed to fit the student for gainful employment. |
| 2112 | Certification of such student status shall be supplied to the |
| 2113 | Secretary of Corrections by the educational institution in which |
| 2114 | the offender is enrolled. |
| 2115 | Section 66. Subsection (1) of section 958.12, Florida |
| 2116 | Statutes, is amended to read: |
| 2117 | 958.12 Participation in certain activities required.-- |
| 2118 | (1) A youthful offender shall be required to participate |
| 2119 | in work assignments, and in career vocational, academic, |
| 2120 | counseling, and other rehabilitative programs in accordance with |
| 2121 | this section, including, but not limited to: |
| 2122 | (a) All youthful offenders may be required, as |
| 2123 | appropriate, to participate in: |
| 2124 | 1. Reception and orientation. |
| 2125 | 2. Evaluation, needs assessment, and classification. |
| 2126 | 3. Educational programs. |
| 2127 | 4. Career Vocational and job training. |
| 2128 | 5. Life and socialization skills training, including |
| 2129 | anger/aggression control. |
| 2130 | 6. Prerelease orientation and planning. |
| 2131 | 7. Appropriate transition services. |
| 2132 | (b) In addition to the requirements in paragraph (a), the |
| 2133 | department shall make available: |
| 2134 | 1. Religious services and counseling. |
| 2135 | 2. Social services. |
| 2136 | 3. Substance abuse treatment and counseling. |
| 2137 | 4. Psychological and psychiatric services. |
| 2138 | 5. Library services. |
| 2139 | 6. Medical and dental health care. |
| 2140 | 7. Athletic, recreational, and leisure time activities. |
| 2141 | 8. Mail and visiting privileges. |
| 2142 |
|
| 2143 | Income derived by a youthful offender from participation in such |
| 2144 | activities may be used, in part, to defray a portion of the |
| 2145 | costs of his or her incarceration or supervision; to satisfy |
| 2146 | preexisting obligations; to pay fines, counseling fees, or other |
| 2147 | costs lawfully imposed; or to pay restitution to the victim of |
| 2148 | the crime for which the youthful offender has been convicted in |
| 2149 | an amount determined by the sentencing court. Any such income |
| 2150 | not used for such reasons or not used as provided in s. 946.513 |
| 2151 | or s. 958.09 shall be placed in a bank account for use by the |
| 2152 | youthful offender upon his or her release. |
| 2153 | Section 67. Subsections (29) and (43) of section 985.03, |
| 2154 | Florida Statutes, are amended to read: |
| 2155 | 985.03 Definitions.--When used in this chapter, the term: |
| 2156 | (29) "Juvenile justice continuum" includes, but is not |
| 2157 | limited to, delinquency prevention programs and services |
| 2158 | designed for the purpose of preventing or reducing delinquent |
| 2159 | acts, including criminal activity by youth gangs, and juvenile |
| 2160 | arrests, as well as programs and services targeted at children |
| 2161 | who have committed delinquent acts, and children who have |
| 2162 | previously been committed to residential treatment programs for |
| 2163 | delinquents. The term includes children-in-need-of-services and |
| 2164 | families-in-need-of-services programs; conditional release; |
| 2165 | substance abuse and mental health programs; educational and |
| 2166 | career vocational programs; recreational programs; community |
| 2167 | services programs; community service work programs; and |
| 2168 | alternative dispute resolution programs serving children at risk |
| 2169 | of delinquency and their families, whether offered or delivered |
| 2170 | by state or local governmental entities, public or private for- |
| 2171 | profit or not-for-profit organizations, or religious or |
| 2172 | charitable organizations. |
| 2173 | (43) "Probation" means the legal status of probation |
| 2174 | created by law and court order in cases involving a child who |
| 2175 | has been found to have committed a delinquent act. Probation is |
| 2176 | an individualized program in which the freedom of the child is |
| 2177 | limited and the child is restricted to noninstitutional quarters |
| 2178 | or restricted to the child's home in lieu of commitment to the |
| 2179 | custody of the Department of Juvenile Justice. Youth on |
| 2180 | probation may be assessed and classified for placement in day- |
| 2181 | treatment probation programs designed for youth who represent a |
| 2182 | minimum risk to themselves and public safety and do not require |
| 2183 | placement and services in a residential setting. Program types |
| 2184 | in this more intensive and structured day-treatment probation |
| 2185 | option include career vocational programs, marine programs, |
| 2186 | juvenile justice alternative schools, training and |
| 2187 | rehabilitation programs, and gender-specific programs. |
| 2188 | Section 68. Paragraphs (a) and (b) of subsection (1), |
| 2189 | paragraph (a) of subsection (2), subsection (3), and paragraphs |
| 2190 | (a), (b), and (d) of subsection (4) of section 985.315, Florida |
| 2191 | Statutes, are amended to read: |
| 2192 | 985.315 Educational Educational/technical and career- |
| 2193 | related vocational work-related programs.-- |
| 2194 | (1)(a) It is the finding of the Legislature that the |
| 2195 | educational educational/technical and career-related vocational |
| 2196 | work-related programs of the Department of Juvenile Justice are |
| 2197 | uniquely different from other programs operated or conducted by |
| 2198 | other departments in that it is essential to the state that |
| 2199 | these programs provide juveniles with useful information and |
| 2200 | activities that can lead to meaningful employment after release |
| 2201 | in order to assist in reducing the return of juveniles to the |
| 2202 | system. |
| 2203 | (b) It is further the finding of the Legislature that the |
| 2204 | mission of a juvenile educational educational/technical and |
| 2205 | career-related vocational work-related program is, in order of |
| 2206 | priority: |
| 2207 | 1. To provide a joint effort between the department, the |
| 2208 | juvenile work programs, and educational educational/technical |
| 2209 | and career vocational training programs to reinforce relevant |
| 2210 | education, training, and postrelease job placement, and help |
| 2211 | reduce recommitment. |
| 2212 | 2. To serve the security goals of the state through the |
| 2213 | reduction of idleness of juveniles and the provision of an |
| 2214 | incentive for good behavior in residential commitment |
| 2215 | facilities. |
| 2216 | 3. To teach youth in juvenile justice programs relevant |
| 2217 | job skills and the fundamentals of a trade in order to prepare |
| 2218 | them for placement in the workforce. |
| 2219 | (2)(a) The department is strongly encouraged to require |
| 2220 | juveniles placed in a high-risk residential, maximum-risk |
| 2221 | residential, or a serious/habitual offender program to |
| 2222 | participate in an educational educational/technical or career- |
| 2223 | related vocational work-related program 5 hours per day, 5 days |
| 2224 | per week. All policies developed by the department relating to |
| 2225 | this requirement must be consistent with applicable federal, |
| 2226 | state, and local labor laws and standards, including all laws |
| 2227 | relating to child labor. |
| 2228 | (3) In adopting or modifying master plans for juvenile |
| 2229 | work programs and educational educational/technical and career |
| 2230 | vocational training programs, and in the administration of the |
| 2231 | Department of Juvenile Justice, it shall be the objective of the |
| 2232 | department to develop: |
| 2233 | (a) Attitudes favorable to work, the work situation, and a |
| 2234 | law-abiding life in each juvenile employed in the juvenile work |
| 2235 | program. |
| 2236 | (b) Education and training opportunities that are |
| 2237 | reasonably broad, but which develop specific work skills. |
| 2238 | (c) Programs that motivate juveniles to use their |
| 2239 | abilities. |
| 2240 | (d) Education and training programs that will be of mutual |
| 2241 | benefit to all governmental jurisdictions of the state by |
| 2242 | reducing the costs of government to the taxpayers and which |
| 2243 | integrate all instructional programs into a unified curriculum |
| 2244 | suitable for all juveniles, but taking account of the different |
| 2245 | abilities of each juvenile. |
| 2246 | (e) A logical sequence of educational |
| 2247 | educational/technical or career vocational training, employment |
| 2248 | by the juvenile work programs, and postrelease job placement for |
| 2249 | juveniles participating in juvenile work programs. |
| 2250 | (4)(a) The Department of Juvenile Justice shall establish |
| 2251 | guidelines for the operation of juvenile educational |
| 2252 | educational/technical and career-related vocational work-related |
| 2253 | programs, which shall include the following procedures: |
| 2254 | 1. Participation in the educational educational/technical |
| 2255 | and career-related vocational work-related programs shall be on |
| 2256 | a 5-day-per-week, 5-hour-per-day basis. |
| 2257 | 2. The education, training, work experience, emotional and |
| 2258 | mental abilities, and physical capabilities of the juvenile and |
| 2259 | the duration of the term of placement imposed on the juvenile |
| 2260 | are to be analyzed before assignment of the juvenile into the |
| 2261 | various processes best suited for educational |
| 2262 | educational/technical or career vocational training. |
| 2263 | 3. When feasible, the department shall attempt to obtain |
| 2264 | education or training credit for a juvenile seeking |
| 2265 | apprenticeship status or a high school diploma or its |
| 2266 | equivalent. |
| 2267 | 4. The juvenile may begin in a general education and work |
| 2268 | skills program and progress to a specific work skills training |
| 2269 | program, depending upon the ability, desire, and education and |
| 2270 | work record of the juvenile. |
| 2271 | 5. Modernization and upgrading of equipment and facilities |
| 2272 | should include greater automation and improved production |
| 2273 | techniques to expose juveniles to the latest technological |
| 2274 | procedures to facilitate their adjustment to real work |
| 2275 | situations. |
| 2276 | (b) Evaluations of juvenile educational |
| 2277 | educational/technical and career-related vocational work-related |
| 2278 | programs shall be conducted according to the following |
| 2279 | guidelines: |
| 2280 | 1. Systematic evaluations and quality assurance monitoring |
| 2281 | shall be implemented, in accordance with s. 985.412(1), (2), and |
| 2282 | (5), to determine whether the programs are related to successful |
| 2283 | postrelease adjustments. |
| 2284 | 2. Operations and policies of the programs shall be |
| 2285 | reevaluated to determine if they are consistent with their |
| 2286 | primary objectives. |
| 2287 | (d) The department and providers are strongly encouraged |
| 2288 | to work in partnership with local businesses and trade groups in |
| 2289 | the development and operation of educational |
| 2290 | educational/technical and career vocational programs. |
| 2291 | Section 69. Subsections (1) and (2) of section 1000.04, |
| 2292 | Florida Statutes, are amended to read: |
| 2293 | 1000.04 Components for the delivery of public education |
| 2294 | within the Florida K-20 education system.--Florida's K-20 |
| 2295 | education system provides for the delivery of public education |
| 2296 | through publicly supported and controlled K-12 schools, |
| 2297 | community colleges, state universities and other postsecondary |
| 2298 | educational institutions, other educational institutions, and |
| 2299 | other educational services as provided or authorized by the |
| 2300 | Constitution and laws of the state. |
| 2301 | (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools include |
| 2302 | charter schools and consist of kindergarten classes; elementary, |
| 2303 | middle, and high school grades and special classes; workforce |
| 2304 | development education; career area technical centers; adult, |
| 2305 | part-time, career and technical, and evening schools, courses, |
| 2306 | or classes, as authorized by law to be operated under the |
| 2307 | control of district school boards; and lab schools operated |
| 2308 | under the control of state universities. |
| 2309 | (2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.--Public |
| 2310 | postsecondary educational institutions include workforce |
| 2311 | development education; community colleges; colleges; state |
| 2312 | universities; and all other state-supported postsecondary |
| 2313 | educational institutions that are authorized and established by |
| 2314 | law. |
| 2315 | Section 70. Paragraph (e) of subsection (2) and subsection |
| 2316 | (4) of section 1000.05, Florida Statutes, are amended to read: |
| 2317 | 1000.05 Discrimination against students and employees in |
| 2318 | the Florida K-20 public education system prohibited; equality of |
| 2319 | access required.-- |
| 2320 | (2) |
| 2321 | (e) Guidance services, counseling services, and financial |
| 2322 | assistance services in the state public K-20 education system |
| 2323 | shall be available to students equally. Guidance and counseling |
| 2324 | services, materials, and promotional events shall stress access |
| 2325 | to academic and, career and technical opportunities for students |
| 2326 | without regard to race, ethnicity, national origin, gender, |
| 2327 | disability, or marital status. |
| 2328 | (4) Educational institutions within the state public K-20 |
| 2329 | education system shall develop and implement methods and |
| 2330 | strategies to increase the participation of students of a |
| 2331 | particular race, ethnicity, national origin, gender, disability, |
| 2332 | or marital status in programs and courses in which students of |
| 2333 | that particular race, ethnicity, national origin, gender, |
| 2334 | disability, or marital status have been traditionally |
| 2335 | underrepresented, including, but not limited to, mathematics, |
| 2336 | science, computer technology, electronics, communications |
| 2337 | technology, engineering, and career and technical education. |
| 2338 | Section 71. Paragraph (h) of subsection (4) of section |
| 2339 | 1001.42, Florida Statutes, is amended to read: |
| 2340 | 1001.42 Powers and duties of district school board.--The |
| 2341 | district school board, acting as a board, shall exercise all |
| 2342 | powers and perform all duties listed below: |
| 2343 | (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF |
| 2344 | SCHOOLS.--Adopt and provide for the execution of plans for the |
| 2345 | establishment, organization, and operation of the schools of the |
| 2346 | district, including, but not limited to, the following: |
| 2347 | (h) Career and technical classes and schools.--Provide for |
| 2348 | the establishment and maintenance of career and technical |
| 2349 | schools, departments, or classes, giving instruction in career |
| 2350 | and technical education as defined by rules of the State Board |
| 2351 | of Education, and use any moneys raised by public taxation in |
| 2352 | the same manner as moneys for other school purposes are used for |
| 2353 | the maintenance and support of public schools or classes. |
| 2354 | Section 72. Section 1001.44, Florida Statutes, is amended |
| 2355 | to read: |
| 2356 | 1001.44 Career Technical centers.-- |
| 2357 | (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER |
| 2358 | TECHNICAL CENTERS.--Any district school board, after first |
| 2359 | obtaining the approval of the Department of Education, may, as a |
| 2360 | part of the district school system, organize, establish and |
| 2361 | operate a career technical center, or acquire and operate a |
| 2362 | career center technical school previously established. |
| 2363 | (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY |
| 2364 | ESTABLISH OR ACQUIRE CAREER TECHNICAL CENTERS.--The district |
| 2365 | school boards of any two or more contiguous districts may, upon |
| 2366 | first obtaining the approval of the department, enter into an |
| 2367 | agreement to organize, establish and operate, or acquire and |
| 2368 | operate, a career technical center under this section. |
| 2369 | (3) CAREER TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM |
| 2370 | DIRECTED BY A DIRECTOR.-- |
| 2371 | (a) A career technical center established or acquired |
| 2372 | under provisions of law and minimum standards prescribed by the |
| 2373 | commissioner shall comprise a part of the district school system |
| 2374 | and shall mean an educational institution offering terminal |
| 2375 | courses of a technical nature, and courses for out-of-school |
| 2376 | youth and adults; shall be subject to all applicable provisions |
| 2377 | of this code; shall be under the control of the district school |
| 2378 | board of the school district in which it is located; and shall |
| 2379 | be directed by a director responsible through the district |
| 2380 | school superintendent to the district school board of the school |
| 2381 | district in which the center is located. |
| 2382 | (b) Each career technical center shall maintain an |
| 2383 | academic transcript for each student enrolled in the center. |
| 2384 | Such transcript shall delineate each course completed by the |
| 2385 | student. Courses shall be delineated by the course prefix and |
| 2386 | title assigned pursuant to s. 1007.24. The center shall make a |
| 2387 | copy of a student's transcript available to any student who |
| 2388 | requests it. |
| 2389 | Section 73. Paragraph (a) of subsection (1) of section |
| 2390 | 1001.452, Florida Statutes, is amended to read: |
| 2391 | 1001.452 District and school advisory councils.-- |
| 2392 | (1) ESTABLISHMENT.-- |
| 2393 | (a) The district school board shall establish an advisory |
| 2394 | council for each school in the district and shall develop |
| 2395 | procedures for the election and appointment of advisory council |
| 2396 | members. Each school advisory council shall include in its name |
| 2397 | the words "school advisory council." The school advisory council |
| 2398 | shall be the sole body responsible for final decisionmaking at |
| 2399 | the school relating to implementation of the provisions of ss. |
| 2400 | 1001.42(16) and 1008.345. A majority of the members of each |
| 2401 | school advisory council must be persons who are not employed by |
| 2402 | the school. Each advisory council shall be composed of the |
| 2403 | principal and an appropriately balanced number of teachers, |
| 2404 | education support employees, students, parents, and other |
| 2405 | business and community citizens who are representative of the |
| 2406 | ethnic, racial, and economic community served by the school. |
| 2407 | Career Technical center and high school advisory councils shall |
| 2408 | include students, and middle and junior high school advisory |
| 2409 | councils may include students. School advisory councils of |
| 2410 | career centers technical and adult education centers are not |
| 2411 | required to include parents as members. Council members |
| 2412 | representing teachers, education support employees, students, |
| 2413 | and parents shall be elected by their respective peer groups at |
| 2414 | the school in a fair and equitable manner as follows: |
| 2415 | 1. Teachers shall be elected by teachers. |
| 2416 | 2. Education support employees shall be elected by |
| 2417 | education support employees. |
| 2418 | 3. Students shall be elected by students. |
| 2419 | 4. Parents shall be elected by parents. |
| 2420 |
|
| 2421 | The district school board shall establish procedures for use by |
| 2422 | schools in selecting business and community members that include |
| 2423 | means of ensuring wide notice of vacancies and of taking input |
| 2424 | on possible members from local business, chambers of commerce, |
| 2425 | community and civic organizations and groups, and the public at |
| 2426 | large. The district school board shall review the membership |
| 2427 | composition of each advisory council. If the district school |
| 2428 | board determines that the membership elected by the school is |
| 2429 | not representative of the ethnic, racial, and economic community |
| 2430 | served by the school, the district school board shall appoint |
| 2431 | additional members to achieve proper representation. The |
| 2432 | commissioner shall determine if schools have maximized their |
| 2433 | efforts to include on their advisory councils minority persons |
| 2434 | and persons of lower socioeconomic status. Although schools are |
| 2435 | strongly encouraged to establish school advisory councils, the |
| 2436 | district school board of any school district that has a student |
| 2437 | population of 10,000 or fewer may establish a district advisory |
| 2438 | council which shall include at least one duly elected teacher |
| 2439 | from each school in the district. For the purposes of school |
| 2440 | advisory councils and district advisory councils, the term |
| 2441 | "teacher" shall include classroom teachers, certified student |
| 2442 | services personnel, and media specialists. For purposes of this |
| 2443 | paragraph, "education support employee" means any person |
| 2444 | employed by a school who is not defined as instructional or |
| 2445 | administrative personnel pursuant to s. 1012.01 and whose duties |
| 2446 | require 20 or more hours in each normal working week. |
| 2447 | Section 74. Paragraph (a) of subsection (1) of section |
| 2448 | 1001.453, Florida Statutes, is amended to read: |
| 2449 | 1001.453 Direct-support organization; use of property; |
| 2450 | board of directors; audit.-- |
| 2451 | (1) DEFINITIONS.--For the purposes of this section, the |
| 2452 | term: |
| 2453 | (a) "District school board direct-support organization" |
| 2454 | means an organization that: |
| 2455 | 1. Is approved by the district school board; |
| 2456 | 2. Is a Florida corporation not for profit, incorporated |
| 2457 | under the provisions of chapter 617 and approved by the |
| 2458 | Department of State; and |
| 2459 | 3. Is organized and operated exclusively to receive, hold, |
| 2460 | invest, and administer property and to make expenditures to or |
| 2461 | for the benefit of public kindergarten through 12th grade |
| 2462 | education and adult career and technical and community education |
| 2463 | programs in this state. |
| 2464 | Section 75. Subsection (16) of section 1001.64, Florida |
| 2465 | Statutes, is amended to read: |
| 2466 | 1001.64 Community college boards of trustees; powers and |
| 2467 | duties.-- |
| 2468 | (16) Each board of trustees must expend performance funds |
| 2469 | provided for workforce development education pursuant to the |
| 2470 | provisions of s. 1011.80. |
| 2471 | Section 76. Subsection (2) of section 1002.01, Florida |
| 2472 | Statutes, is amended to read: |
| 2473 | 1002.01 Definitions.-- |
| 2474 | (2) A "private school" is a nonpublic school defined as an |
| 2475 | individual, association, copartnership, or corporation, or |
| 2476 | department, division, or section of such organizations, that |
| 2477 | designates itself as an educational center that includes |
| 2478 | kindergarten or a higher grade or as an elementary, secondary, |
| 2479 | business, technical, or trade school below college level or any |
| 2480 | organization that provides instructional services that meet the |
| 2481 | intent of s. 1003.01(14) or that gives preemployment or |
| 2482 | supplementary training in technology or in fields of trade or |
| 2483 | industry or that offers academic, literary, or career and |
| 2484 | technical training below college level, or any combination of |
| 2485 | the above, including an institution that performs the functions |
| 2486 | of the above schools through correspondence or extension, except |
| 2487 | those licensed under the provisions of chapter 1005. A private |
| 2488 | school may be a parochial, religious, denominational, for- |
| 2489 | profit, or nonprofit school. This definition does not include |
| 2490 | home education programs conducted in accordance with s. 1002.41. |
| 2491 | Section 77. Paragraph (f) of subsection (3) of section |
| 2492 | 1002.20, Florida Statutes, is amended to read: |
| 2493 | 1002.20 K-12 student and parent rights.--Parents of public |
| 2494 | school students must receive accurate and timely information |
| 2495 | regarding their child's academic progress and must be informed |
| 2496 | of ways they can help their child to succeed in school. K-12 |
| 2497 | students and their parents are afforded numerous statutory |
| 2498 | rights including, but not limited to, the following: |
| 2499 | (3) HEALTH ISSUES.-- |
| 2500 | (f) Career and technical education courses involving |
| 2501 | hazardous substances.--High school students must be given plano |
| 2502 | safety glasses or devices in career and technical education |
| 2503 | courses involving the use of hazardous substances likely to |
| 2504 | cause eye injury, in accordance with the provisions of s. |
| 2505 | 1006.65. |
| 2506 | Section 78. Paragraph (a) of subsection (2) and |
| 2507 | subsections (3) and (5) of section 1002.22, Florida Statutes, |
| 2508 | are amended to read: |
| 2509 | 1002.22 Student records and reports; rights of parents and |
| 2510 | students; notification; penalty.-- |
| 2511 | (2) DEFINITIONS.--As used in this section: |
| 2512 | (a) "Chief executive officer" means that person, whether |
| 2513 | elected or appointed, who is responsible for the management and |
| 2514 | administration of any public educational body or unit, or the |
| 2515 | chief executive officer's designee for student records; that is, |
| 2516 | the district school superintendent, the director of a career an |
| 2517 | area technical center, the president of a public postsecondary |
| 2518 | educational institution, or their designees. |
| 2519 | (3) RIGHTS OF PARENT OR STUDENT.--The parent of any |
| 2520 | student who attends or has attended any public school, career |
| 2521 | area technical center, or public postsecondary educational |
| 2522 | institution shall have the following rights with respect to any |
| 2523 | records or reports created, maintained, and used by any public |
| 2524 | educational institution in the state. However, whenever a |
| 2525 | student has attained 18 years of age, or is attending a |
| 2526 | postsecondary educational institution, the permission or consent |
| 2527 | required of, and the rights accorded to, the parents of the |
| 2528 | student shall thereafter be required of and accorded to the |
| 2529 | student only, unless the student is a dependent student of such |
| 2530 | parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal |
| 2531 | Revenue Code of 1954). The State Board of Education shall adopt |
| 2532 | rules whereby parents or students may exercise these rights: |
| 2533 | (a) Right of access.-- |
| 2534 | 1. Such parent or student shall have the right, upon |
| 2535 | request directed to the appropriate school official, to be |
| 2536 | provided with a list of the types of records and reports, |
| 2537 | directly related to students, as maintained by the institution |
| 2538 | that the student attends or has attended. |
| 2539 | 2. Such parent or student shall have the right, upon |
| 2540 | request, to be shown any record or report relating to such |
| 2541 | student maintained by any public educational institution. When |
| 2542 | the record or report includes information on more than one |
| 2543 | student, the parent or student shall be entitled to receive, or |
| 2544 | be informed of, only that part of the record or report that |
| 2545 | pertains to the student who is the subject of the request. Upon |
| 2546 | a reasonable request therefor, the institution shall furnish |
| 2547 | such parent or student with an explanation or interpretation of |
| 2548 | any such record or report. |
| 2549 | 3. Copies of any list, record, or report requested under |
| 2550 | the provisions of this paragraph shall be furnished to the |
| 2551 | parent or student upon request. |
| 2552 | 4. The State Board of Education shall adopt rules to be |
| 2553 | followed by all public educational institutions in granting |
| 2554 | requests for lists, or for access to reports and records or for |
| 2555 | copies or explanations thereof under this paragraph. However, |
| 2556 | access to any report or record requested under the provisions of |
| 2557 | subparagraph 2. shall be granted within 30 days after receipt of |
| 2558 | such request by the institution. Fees may be charged for |
| 2559 | furnishing any copies of reports or records requested under |
| 2560 | subparagraph 3., but such fees shall not exceed the actual cost |
| 2561 | to the institution of producing such copies. |
| 2562 | (b) Right of waiver of access to confidential letters or |
| 2563 | statements.--A parent or student shall have the right to waive |
| 2564 | the right of access to letters or statements of recommendation |
| 2565 | or evaluation, except that such waiver shall apply to |
| 2566 | recommendations or evaluations only if: |
| 2567 | 1. The parent or student is, upon request, notified of the |
| 2568 | names of all persons submitting confidential letters or |
| 2569 | statements. |
| 2570 | 2. Such recommendations or evaluations are used solely for |
| 2571 | the purpose for which they were specifically intended. |
| 2572 |
|
| 2573 | Such waivers may not be required as a condition for admission |
| 2574 | to, receipt of financial aid from, or receipt of any other |
| 2575 | services or benefits from, any public agency or public |
| 2576 | educational institution in this state. |
| 2577 | (c) Right to challenge and hearing.--A parent or student |
| 2578 | shall have the right to challenge the content of any record or |
| 2579 | report to which such person is granted access under paragraph |
| 2580 | (a), in order to ensure that the record or report is not |
| 2581 | inaccurate, misleading, or otherwise in violation of the privacy |
| 2582 | or other rights of the student and to provide an opportunity for |
| 2583 | the correction, deletion, or expunction of any inaccurate, |
| 2584 | misleading, or otherwise inappropriate data or material |
| 2585 | contained therein. Any challenge arising under the provisions of |
| 2586 | this paragraph may be settled through informal meetings or |
| 2587 | discussions between the parent or student and appropriate |
| 2588 | officials of the educational institution. If the parties at such |
| 2589 | a meeting agree to make corrections, to make deletions, to |
| 2590 | expunge material, or to add a statement of explanation or |
| 2591 | rebuttal to the file, such agreement shall be reduced to writing |
| 2592 | and signed by the parties; and the appropriate school officials |
| 2593 | shall take the necessary actions to implement the agreement. If |
| 2594 | the parties cannot reach an agreement, upon the request of |
| 2595 | either party, a hearing shall be held on such challenge under |
| 2596 | rules adopted by the State Board of Education. Upon the request |
| 2597 | of the parent or student, the hearing shall be exempt from the |
| 2598 | requirements of s. 286.011. Such rules shall include at least |
| 2599 | the following provisions: |
| 2600 | 1. The hearing shall be conducted within a reasonable |
| 2601 | period of time following the request for the hearing. |
| 2602 | 2. The hearing shall be conducted, and the decision |
| 2603 | rendered, by an official of the educational institution or other |
| 2604 | party who does not have a direct interest in the outcome of the |
| 2605 | hearing. |
| 2606 | 3. The parent or student shall be afforded a full and fair |
| 2607 | opportunity to present evidence relevant to the issues raised |
| 2608 | under this paragraph. |
| 2609 | 4. The decision shall be rendered in writing within a |
| 2610 | reasonable period of time after the conclusion of the hearing. |
| 2611 | 5. The appropriate school officials shall take the |
| 2612 | necessary actions to implement the decision. |
| 2613 | (d) Right of privacy.--Every student shall have a right of |
| 2614 | privacy with respect to the educational records kept on him or |
| 2615 | her. Personally identifiable records or reports of a student, |
| 2616 | and any personal information contained therein, are confidential |
| 2617 | and exempt from the provisions of s. 119.07(1). No state or |
| 2618 | local educational agency, board, public school, career technical |
| 2619 | center, or public postsecondary educational institution shall |
| 2620 | permit the release of such records, reports, or information |
| 2621 | without the written consent of the student's parent, or of the |
| 2622 | student himself or herself if he or she is qualified as provided |
| 2623 | in this subsection, to any individual, agency, or organization. |
| 2624 | However, personally identifiable records or reports of a student |
| 2625 | may be released to the following persons or organizations |
| 2626 | without the consent of the student or the student's parent: |
| 2627 | 1. Officials of schools, school systems, career technical |
| 2628 | centers, or public postsecondary educational institutions in |
| 2629 | which the student seeks or intends to enroll; and a copy of such |
| 2630 | records or reports shall be furnished to the parent or student |
| 2631 | upon request. |
| 2632 | 2. Other school officials, including teachers within the |
| 2633 | educational institution or agency, who have legitimate |
| 2634 | educational interests in the information contained in the |
| 2635 | records. |
| 2636 | 3. The United States Secretary of Education, the Director |
| 2637 | of the National Institute of Education, the Assistant Secretary |
| 2638 | for Education, the Comptroller General of the United States, or |
| 2639 | state or local educational authorities who are authorized to |
| 2640 | receive such information subject to the conditions set forth in |
| 2641 | applicable federal statutes and regulations of the United States |
| 2642 | Department of Education, or in applicable state statutes and |
| 2643 | rules of the State Board of Education. |
| 2644 | 4. Other school officials, in connection with a student's |
| 2645 | application for or receipt of financial aid. |
| 2646 | 5. Individuals or organizations conducting studies for or |
| 2647 | on behalf of an institution or a board of education for the |
| 2648 | purpose of developing, validating, or administering predictive |
| 2649 | tests, administering student aid programs, or improving |
| 2650 | instruction, if such studies are conducted in such a manner as |
| 2651 | will not permit the personal identification of students and |
| 2652 | their parents by persons other than representatives of such |
| 2653 | organizations and if such information will be destroyed when no |
| 2654 | longer needed for the purpose of conducting such studies. |
| 2655 | 6. Accrediting organizations, in order to carry out their |
| 2656 | accrediting functions. |
| 2657 | 7. School readiness coalitions and the Florida Partnership |
| 2658 | for School Readiness in order to carry out their assigned |
| 2659 | duties. |
| 2660 | 8. For use as evidence in student expulsion hearings |
| 2661 | conducted by a district school board pursuant to the provisions |
| 2662 | of chapter 120. |
| 2663 | 9. Appropriate parties in connection with an emergency, if |
| 2664 | knowledge of the information in the student's educational |
| 2665 | records is necessary to protect the health or safety of the |
| 2666 | student or other individuals. |
| 2667 | 10. The Auditor General and the Office of Program Policy |
| 2668 | Analysis and Government Accountability in connection with their |
| 2669 | official functions; however, except when the collection of |
| 2670 | personally identifiable information is specifically authorized |
| 2671 | by law, any data collected by the Auditor General and the Office |
| 2672 | of Program Policy Analysis and Government Accountability is |
| 2673 | confidential and exempt from the provisions of s. 119.07(1) and |
| 2674 | shall be protected in such a way as will not permit the personal |
| 2675 | identification of students and their parents by other than the |
| 2676 | Auditor General, the Office of Program Policy Analysis and |
| 2677 | Government Accountability, and their staff, and such personally |
| 2678 | identifiable data shall be destroyed when no longer needed for |
| 2679 | the Auditor General's and the Office of Program Policy Analysis |
| 2680 | and Government Accountability's official use. |
| 2681 | 11.a. A court of competent jurisdiction in compliance with |
| 2682 | an order of that court or the attorney of record pursuant to a |
| 2683 | lawfully issued subpoena, upon the condition that the student |
| 2684 | and the student's parent are notified of the order or subpoena |
| 2685 | in advance of compliance therewith by the educational |
| 2686 | institution or agency. |
| 2687 | b. A person or entity pursuant to a court of competent |
| 2688 | jurisdiction in compliance with an order of that court or the |
| 2689 | attorney of record pursuant to a lawfully issued subpoena, upon |
| 2690 | the condition that the student, or his or her parent if the |
| 2691 | student is either a minor and not attending a postsecondary |
| 2692 | educational institution or a dependent of such parent as defined |
| 2693 | in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of |
| 2694 | 1954), is notified of the order or subpoena in advance of |
| 2695 | compliance therewith by the educational institution or agency. |
| 2696 | 12. Credit bureaus, in connection with an agreement for |
| 2697 | financial aid that the student has executed, provided that such |
| 2698 | information may be disclosed only to the extent necessary to |
| 2699 | enforce the terms or conditions of the financial aid agreement. |
| 2700 | Credit bureaus shall not release any information obtained |
| 2701 | pursuant to this paragraph to any person. |
| 2702 | 13. Parties to an interagency agreement among the |
| 2703 | Department of Juvenile Justice, school and law enforcement |
| 2704 | authorities, and other signatory agencies for the purpose of |
| 2705 | reducing juvenile crime and especially motor vehicle theft by |
| 2706 | promoting cooperation and collaboration, and the sharing of |
| 2707 | appropriate information in a joint effort to improve school |
| 2708 | safety, to reduce truancy and in-school and out-of-school |
| 2709 | suspensions, and to support alternatives to in-school and out- |
| 2710 | of-school suspensions and expulsions that provide structured and |
| 2711 | well-supervised educational programs supplemented by a |
| 2712 | coordinated overlay of other appropriate services designed to |
| 2713 | correct behaviors that lead to truancy, suspensions, and |
| 2714 | expulsions, and that support students in successfully completing |
| 2715 | their education. Information provided in furtherance of such |
| 2716 | interagency agreements is intended solely for use in determining |
| 2717 | the appropriate programs and services for each juvenile or the |
| 2718 | juvenile's family, or for coordinating the delivery of such |
| 2719 | programs and services, and as such is inadmissible in any court |
| 2720 | proceedings prior to a dispositional hearing unless written |
| 2721 | consent is provided by a parent or other responsible adult on |
| 2722 | behalf of the juvenile. |
| 2723 |
|
| 2724 | This paragraph does not prohibit any educational institution |
| 2725 | from publishing and releasing to the general public directory |
| 2726 | information relating to a student if the institution elects to |
| 2727 | do so. However, no educational institution shall release, to any |
| 2728 | individual, agency, or organization that is not listed in |
| 2729 | subparagraphs 1.-13., directory information relating to the |
| 2730 | student body in general or a portion thereof unless it is |
| 2731 | normally published for the purpose of release to the public in |
| 2732 | general. Any educational institution making directory |
| 2733 | information public shall give public notice of the categories of |
| 2734 | information that it has designated as directory information with |
| 2735 | respect to all students attending the institution and shall |
| 2736 | allow a reasonable period of time after such notice has been |
| 2737 | given for a parent or student to inform the institution in |
| 2738 | writing that any or all of the information designated should not |
| 2739 | be released. |
| 2740 | (5) PENALTY.--In the event that any public school official |
| 2741 | or employee, district school board official or employee, career |
| 2742 | technical center official or employee, or public postsecondary |
| 2743 | educational institution official or employee refuses to comply |
| 2744 | with any of the provisions of this section, the aggrieved parent |
| 2745 | or student shall have an immediate right to bring an action in |
| 2746 | the circuit court to enforce the violated right by injunction. |
| 2747 | Any aggrieved parent or student who brings such an action and |
| 2748 | whose rights are vindicated may be awarded attorney's fees and |
| 2749 | court costs. |
| 2750 | Section 79. Subsection (1) of section 1002.38, Florida |
| 2751 | Statutes, is amended to read: |
| 2752 | 1002.38 Opportunity Scholarship Program.-- |
| 2753 | (1) FINDINGS AND INTENT.--The purpose of this section is |
| 2754 | to provide enhanced opportunity for students in this state to |
| 2755 | gain the knowledge and skills necessary for postsecondary |
| 2756 | education, a career technical education, or the world of work. |
| 2757 | The Legislature recognizes that the voters of the State of |
| 2758 | Florida, in the November 1998 general election, amended s. 1, |
| 2759 | Art. IX of the Florida Constitution so as to make education a |
| 2760 | paramount duty of the state. The Legislature finds that the |
| 2761 | State Constitution requires the state to provide a uniform, |
| 2762 | safe, secure, efficient, and high-quality system which allows |
| 2763 | the opportunity to obtain a high-quality education. The |
| 2764 | Legislature further finds that a student should not be |
| 2765 | compelled, against the wishes of the student's parent, to remain |
| 2766 | in a school found by the state to be failing for 2 years in a 4- |
| 2767 | year period. The Legislature shall make available opportunity |
| 2768 | scholarships in order to give parents the opportunity for their |
| 2769 | children to attend a public school that is performing |
| 2770 | satisfactorily or to attend an eligible private school when the |
| 2771 | parent chooses to apply the equivalent of the public education |
| 2772 | funds generated by his or her child to the cost of tuition in |
| 2773 | the eligible private school as provided in paragraph (6)(a). |
| 2774 | Eligibility of a private school shall include the control and |
| 2775 | accountability requirements that, coupled with the exercise of |
| 2776 | parental choice, are reasonably necessary to secure the |
| 2777 | educational public purpose, as delineated in subsection (4). |
| 2778 | Section 80. Paragraph (a) of subsection (2) of section |
| 2779 | 1002.42, Florida Statutes, is amended to read: |
| 2780 | 1002.42 Private schools.-- |
| 2781 | (2) ANNUAL PRIVATE SCHOOL SURVEY.-- |
| 2782 | (a) The Department of Education shall organize, maintain, |
| 2783 | and annually update a database of educational institutions |
| 2784 | within the state coming within the provisions of this section. |
| 2785 | There shall be included in the database of each institution the |
| 2786 | name, address, and telephone number of the institution; the type |
| 2787 | of institution; the names of administrative officers; the |
| 2788 | enrollment by grade or special group (e.g., career and technical |
| 2789 | education and exceptional child education); the number of |
| 2790 | graduates; the number of instructional and administrative |
| 2791 | personnel; the number of days the school is in session; and such |
| 2792 | data as may be needed to meet the provisions of this section and |
| 2793 | s. 1003.23(2). |
| 2794 | Section 81. Subsection (4), paragraph (c) of subsection |
| 2795 | (9), and subsection (15) of section 1003.01, Florida Statutes, |
| 2796 | are amended to read: |
| 2797 | 1003.01 Definitions.--As used in this chapter, the term: |
| 2798 | (4) "Career and technical education" means education that |
| 2799 | provides instruction for the following purposes: |
| 2800 | (a) At the elementary, middle, and secondary school |
| 2801 | levels, exploratory courses designed to give students initial |
| 2802 | exposure to a broad range of occupations to assist them in |
| 2803 | preparing their academic and occupational plans, and practical |
| 2804 | arts courses that provide generic skills that may apply to many |
| 2805 | occupations but are not designed to prepare students for entry |
| 2806 | into a specific occupation. Career and technical education |
| 2807 | provided before high school completion must be designed to |
| 2808 | enhance both occupational and academic skills through |
| 2809 | integration with academic instruction. |
| 2810 | (b) At the secondary school level, job-preparatory |
| 2811 | instruction in the competencies that prepare students for |
| 2812 | effective entry into an occupation, including diversified |
| 2813 | cooperative education, work experience, and job-entry programs |
| 2814 | that coordinate directed study and on-the-job training. |
| 2815 | (c) At the postsecondary education level, courses of study |
| 2816 | that provide competencies needed for entry into specific |
| 2817 | occupations or for advancement within an occupation. |
| 2818 | (9) "Dropout" means a student who meets any one or more of |
| 2819 | the following criteria: |
| 2820 | (c) The student has withdrawn from school, but has not |
| 2821 | transferred to another public or private school or enrolled in |
| 2822 | any career and technical, adult, home education, or alternative |
| 2823 | educational program; |
| 2824 |
|
| 2825 | The State Board of Education may adopt rules to implement the |
| 2826 | provisions of this subsection. |
| 2827 | (15) "Extracurricular courses" means all courses that are |
| 2828 | not defined as "core-curricula courses," which may include, but |
| 2829 | are not limited to, physical education, fine arts, performing |
| 2830 | fine arts, vocational education, and career and technical |
| 2831 | education. The term is limited in meaning and used for the sole |
| 2832 | purpose of designating classes that are not subject to the |
| 2833 | maximum class size requirements established in s. 1, Art. IX of |
| 2834 | the State Constitution. |
| 2835 | Section 82. Section 1003.02, Florida Statutes, is amended |
| 2836 | to read: |
| 2837 | 1003.02 District school board operation and control of |
| 2838 | public K-12 education within the school district.--As provided |
| 2839 | in part II of chapter 1001, district school boards are |
| 2840 | constitutionally and statutorily charged with the operation and |
| 2841 | control of public K-12 education within their school district. |
| 2842 | The district school boards must establish, organize, and operate |
| 2843 | their public K-12 schools and educational programs, employees, |
| 2844 | and facilities. Their responsibilities include staff |
| 2845 | development, public K-12 school student education including |
| 2846 | education for exceptional students and students in juvenile |
| 2847 | justice programs, special programs, adult education programs, |
| 2848 | and career and technical education programs. Additionally, |
| 2849 | district school boards must: |
| 2850 | (1) Provide for the proper accounting for all students of |
| 2851 | school age, for the attendance and control of students at |
| 2852 | school, and for proper attention to health, safety, and other |
| 2853 | matters relating to the welfare of students in the following |
| 2854 | fields: |
| 2855 | (a) Admission, classification, promotion, and graduation |
| 2856 | of students.--Adopt rules for admitting, classifying, promoting, |
| 2857 | and graduating students to or from the various schools of the |
| 2858 | district. |
| 2859 | (b) Enforcement of attendance laws.--Provide for the |
| 2860 | enforcement of all laws and rules relating to the attendance of |
| 2861 | students at school. |
| 2862 | (c) Control of students.-- |
| 2863 | 1. Adopt rules for the control, attendance, discipline, |
| 2864 | in-school suspension, suspension, and expulsion of students and |
| 2865 | decide all cases recommended for expulsion. |
| 2866 | 2. Maintain a code of student conduct as provided in |
| 2867 | chapter 1006. |
| 2868 | (d) Courses of study and instructional materials.-- |
| 2869 | 1. Provide adequate instructional materials for all |
| 2870 | students as follows and in accordance with the requirements of |
| 2871 | chapter 1006, in the core courses of mathematics, language arts, |
| 2872 | social studies, science, reading, and literature, except for |
| 2873 | instruction for which the school advisory council approves the |
| 2874 | use of a program that does not include a textbook as a major |
| 2875 | tool of instruction. |
| 2876 | 2. Adopt courses of study for use in the schools of the |
| 2877 | district. |
| 2878 | 3. Provide for proper requisitioning, distribution, |
| 2879 | accounting, storage, care, and use of all instructional |
| 2880 | materials as may be needed, and ensure that instructional |
| 2881 | materials used in the district are consistent with the district |
| 2882 | goals and objectives and the curriculum frameworks approved by |
| 2883 | the State Board of Education, as well as with the state and |
| 2884 | school district performance standards required by law and state |
| 2885 | board rule. |
| 2886 | (e) Transportation.--Make provision for the transportation |
| 2887 | of students to the public schools or school activities they are |
| 2888 | required or expected to attend, efficiently and economically, in |
| 2889 | accordance with the requirements of chapter 1006. |
| 2890 | (f) Facilities and school plant.-- |
| 2891 | 1. Approve and adopt a districtwide school facilities |
| 2892 | program, in accordance with the requirements of chapter 1013. |
| 2893 | 2. Approve plans for locating, planning, constructing, |
| 2894 | sanitating, insuring, maintaining, protecting, and condemning |
| 2895 | school property as prescribed in chapter 1013. |
| 2896 | 3. Approve and adopt a districtwide school building |
| 2897 | program. |
| 2898 | 4. Select and purchase school sites, playgrounds, and |
| 2899 | recreational areas located at centers at which schools are to be |
| 2900 | constructed, of adequate size to meet the needs of projected |
| 2901 | students to be accommodated. |
| 2902 | 5. Approve the proposed purchase of any site, playground, |
| 2903 | or recreational area for which school district funds are to be |
| 2904 | used. |
| 2905 | 6. Expand existing sites. |
| 2906 | 7. Rent buildings when necessary. |
| 2907 | 8. Enter into leases or lease-purchase arrangements, in |
| 2908 | accordance with the requirements and conditions provided in s. |
| 2909 | 1013.15(2). |
| 2910 | 9. Provide for the proper supervision of construction. |
| 2911 | 10. Make or contract for additions, alterations, and |
| 2912 | repairs on buildings and other school properties. |
| 2913 | 11. Ensure that all plans and specifications for buildings |
| 2914 | provide adequately for the safety and well-being of students, as |
| 2915 | well as for economy of construction. |
| 2916 | 12. Provide adequately for the proper maintenance and |
| 2917 | upkeep of school plants. |
| 2918 | 13. Carry insurance on every school building in all school |
| 2919 | plants including contents, boilers, and machinery, except |
| 2920 | buildings of three classrooms or less which are of frame |
| 2921 | construction and located in a tenth class public protection zone |
| 2922 | as defined by the Florida Inspection and Rating Bureau, and on |
| 2923 | all school buses and other property under the control of the |
| 2924 | district school board or title to which is vested in the |
| 2925 | district school board, except as exceptions may be authorized |
| 2926 | under rules of the State Board of Education. |
| 2927 | 14. Condemn and prohibit the use for public school |
| 2928 | purposes of any building under the control of the district |
| 2929 | school board. |
| 2930 | (g) School operation.-- |
| 2931 | 1. Provide for the operation of all public schools as free |
| 2932 | schools for a term of at least 180 days or the equivalent on an |
| 2933 | hourly basis as specified by rules of the State Board of |
| 2934 | Education; determine district school funds necessary in addition |
| 2935 | to state funds to operate all schools for the minimum term; and |
| 2936 | arrange for the levying of district school taxes necessary to |
| 2937 | provide the amount needed from district sources. |
| 2938 | 2. Prepare, adopt, and timely submit to the Department of |
| 2939 | Education, as required by law and by rules of the State Board of |
| 2940 | Education, the annual school budget, so as to promote the |
| 2941 | improvement of the district school system. |
| 2942 | (h) Records and reports.-- |
| 2943 | 1. Keep all necessary records and make all needed and |
| 2944 | required reports, as required by law or by rules of the State |
| 2945 | Board of Education. |
| 2946 | 2. At regular intervals require reports to be made by |
| 2947 | principals or teachers in all public schools to the parents of |
| 2948 | the students enrolled and in attendance at their schools, |
| 2949 | apprising them of the academic and other progress being made by |
| 2950 | the student and giving other useful information. |
| 2951 | (i) Parental notification of acceleration mechanisms.--At |
| 2952 | the beginning of each school year, notify parents of students in |
| 2953 | or entering high school of the opportunity and benefits of |
| 2954 | advanced placement, International Baccalaureate, Advanced |
| 2955 | International Certificate of Education, dual enrollment, and |
| 2956 | Florida Virtual School courses. |
| 2957 | (2) Require that all laws, all rules of the State Board of |
| 2958 | Education, and all rules of the district school board are |
| 2959 | properly enforced. |
| 2960 | (3) Maintain a system of school improvement and education |
| 2961 | accountability as required by law and State Board of Education |
| 2962 | rule, including but not limited to the requirements of chapter |
| 2963 | 1008. |
| 2964 | (4) In order to reduce the anonymity of students in large |
| 2965 | schools, adopt policies that encourage subdivision of the school |
| 2966 | into schools-within-a-school, which shall operate within |
| 2967 | existing resources. A "school-within-a-school" means an |
| 2968 | operational program that uses flexible scheduling, team |
| 2969 | planning, and curricular and instructional innovation to |
| 2970 | organize groups of students with groups of teachers as smaller |
| 2971 | units, so as to functionally operate as a smaller school. |
| 2972 | Examples of this include, but are not limited to: |
| 2973 | (a) An organizational arrangement assigning both students |
| 2974 | and teachers to smaller units in which the students take some or |
| 2975 | all of their coursework with their fellow grouped students and |
| 2976 | from the teachers assigned to the smaller unit. A unit may be |
| 2977 | grouped together for 1 year or on a vertical, multiyear basis. |
| 2978 | (b) An organizational arrangement similar to that |
| 2979 | described in paragraph(a) with additional variations in |
| 2980 | instruction and curriculum. The smaller unit usually seeks to |
| 2981 | maintain a program different from that of the larger school, or |
| 2982 | of other smaller units. It may be vertically organized, but is |
| 2983 | dependent upon the school principal for its existence, budget, |
| 2984 | and staff. |
| 2985 | (c) A separate and autonomous smaller unit formally |
| 2986 | authorized by the district school board or district school |
| 2987 | superintendent. The smaller unit plans and runs its own program, |
| 2988 | has its own staff and students, and receives its own separate |
| 2989 | budget. The smaller unit must negotiate the use of common space |
| 2990 | with the larger school and defer to the building principal on |
| 2991 | matters of safety and building operation. |
| 2992 | Section 83. Paragraph (h) of subsection (1) of section |
| 2993 | 1003.43, Florida Statutes, is amended to read: |
| 2994 | 1003.43 General requirements for high school graduation.-- |
| 2995 | (1) Graduation requires successful completion of either a |
| 2996 | minimum of 24 academic credits in grades 9 through 12 or an |
| 2997 | International Baccalaureate curriculum. The 24 credits shall be |
| 2998 | distributed as follows: |
| 2999 | (h)1. One credit in practical arts career and technical |
| 3000 | education or exploratory career and technical education. Any |
| 3001 | career and technical education course as defined in s. 1003.01 |
| 3002 | may be taken to satisfy the high school graduation requirement |
| 3003 | for one credit in practical arts or exploratory career and |
| 3004 | technical education provided in this subparagraph; |
| 3005 | 2. One credit in performing fine arts to be selected from |
| 3006 | music, dance, drama, painting, or sculpture. A course in any art |
| 3007 | form, in addition to painting or sculpture, that requires manual |
| 3008 | dexterity, or a course in speech and debate, may be taken to |
| 3009 | satisfy the high school graduation requirement for one credit in |
| 3010 | performing arts pursuant to this subparagraph; or |
| 3011 | 3. One-half credit each in practical arts career and |
| 3012 | technical education or exploratory career and technical |
| 3013 | education and performing fine arts, as defined in this |
| 3014 | paragraph. |
| 3015 |
|
| 3016 | Such credit for practical arts career and technical education or |
| 3017 | exploratory career and technical education or for performing |
| 3018 | fine arts shall be made available in the 9th grade, and students |
| 3019 | shall be scheduled into a 9th grade course as a priority. |
| 3020 |
|
| 3021 | District school boards may award a maximum of one-half credit in |
| 3022 | social studies and one-half elective credit for student |
| 3023 | completion of nonpaid voluntary community or school service |
| 3024 | work. Students choosing this option must complete a minimum of |
| 3025 | 75 hours of service in order to earn the one-half credit in |
| 3026 | either category of instruction. Credit may not be earned for |
| 3027 | service provided as a result of court action. District school |
| 3028 | boards that approve the award of credit for student volunteer |
| 3029 | service shall develop guidelines regarding the award of the |
| 3030 | credit, and school principals are responsible for approving |
| 3031 | specific volunteer activities. A course designated in the Course |
| 3032 | Code Directory as grade 9 through grade 12 that is taken below |
| 3033 | the 9th grade may be used to satisfy high school graduation |
| 3034 | requirements or Florida Academic Scholars award requirements as |
| 3035 | specified in a district school board's student progression plan. |
| 3036 | A student shall be granted credit toward meeting the |
| 3037 | requirements of this subsection for equivalent courses, as |
| 3038 | identified pursuant to s. 1007.271(6), taken through dual |
| 3039 | enrollment. |
| 3040 | Section 84. Subsection (3) of section 1003.47, Florida |
| 3041 | Statutes, is amended to read: |
| 3042 | 1003.47 Biological experiments on living subjects.-- |
| 3043 | (3) If any instructional employee of a public high school |
| 3044 | or career area technical center knowingly or intentionally fails |
| 3045 | or refuses to comply with any of the provisions of this section, |
| 3046 | the district school board may suspend, dismiss, return to annual |
| 3047 | contract, or otherwise discipline such employee as provided in |
| 3048 | s. 1012.22(1)(f) in accordance with procedures established in |
| 3049 | chapter 1012. If any instructional employee of any private |
| 3050 | school knowingly or intentionally fails or refuses to comply |
| 3051 | with the provisions of this section, the governing authority of |
| 3052 | the private school may suspend, dismiss, or otherwise discipline |
| 3053 | such employee in accordance with its standard personnel |
| 3054 | procedures. |
| 3055 | Section 85. Paragraphs (e) and (f) of subsection (2) of |
| 3056 | section 1003.51, Florida Statutes, are amended to read: |
| 3057 | 1003.51 Other public educational services.-- |
| 3058 | (2) The State Board of Education shall adopt and maintain |
| 3059 | an administrative rule articulating expectations for effective |
| 3060 | education programs for youth in Department of Juvenile Justice |
| 3061 | programs, including, but not limited to, education programs in |
| 3062 | juvenile justice commitment and detention facilities. The rule |
| 3063 | shall articulate policies and standards for education programs |
| 3064 | for youth in Department of Juvenile Justice programs and shall |
| 3065 | include the following: |
| 3066 | (e) Assessment procedures, which: |
| 3067 | 1. Include appropriate academic and career and technical |
| 3068 | assessments administered at program entry and exit that are |
| 3069 | selected by the Department of Education in partnership with |
| 3070 | representatives from the Department of Juvenile Justice, |
| 3071 | district school boards, and providers. |
| 3072 | 2. Require district school boards to be responsible for |
| 3073 | ensuring the completion of the assessment process. |
| 3074 | 3. Require assessments for students in detention who will |
| 3075 | move on to commitment facilities, to be designed to create the |
| 3076 | foundation for developing the student's education program in the |
| 3077 | assigned commitment facility. |
| 3078 | 4. Require assessments of students sent directly to |
| 3079 | commitment facilities to be completed within the first week of |
| 3080 | the student's commitment. |
| 3081 |
|
| 3082 | The results of these assessments, together with a portfolio |
| 3083 | depicting the student's academic and career and technical |
| 3084 | accomplishments, shall be included in the discharge package |
| 3085 | assembled for each youth. |
| 3086 | (f) Recommended instructional programs, including, but not |
| 3087 | limited to, career and technical training and job preparation. |
| 3088 | Section 86. Paragraph (c) of subsection (1) and |
| 3089 | subsections (3), (5), and (23) of section 1003.52, Florida |
| 3090 | Statutes, are amended to read: |
| 3091 | 1003.52 Educational services in Department of Juvenile |
| 3092 | Justice programs.-- |
| 3093 | (1) The Legislature finds that education is the single |
| 3094 | most important factor in the rehabilitation of adjudicated |
| 3095 | delinquent youth in the custody of the Department of Juvenile |
| 3096 | Justice in detention or commitment facilities. It is the goal of |
| 3097 | the Legislature that youth in the juvenile justice system |
| 3098 | continue to be allowed the opportunity to obtain a high quality |
| 3099 | education. The Department of Education shall serve as the lead |
| 3100 | agency for juvenile justice education programs, curriculum, |
| 3101 | support services, and resources. To this end, the Department of |
| 3102 | Education and the Department of Juvenile Justice shall each |
| 3103 | designate a Coordinator for Juvenile Justice Education Programs |
| 3104 | to serve as the point of contact for resolving issues not |
| 3105 | addressed by district school boards and to provide each |
| 3106 | department's participation in the following activities: |
| 3107 | (c) Developing academic and career and technical protocols |
| 3108 | that provide guidance to district school boards and providers in |
| 3109 | all aspects of education programming, including records transfer |
| 3110 | and transition. |
| 3111 |
|
| 3112 | Annually, a cooperative agreement and plan for juvenile justice |
| 3113 | education service enhancement shall be developed between the |
| 3114 | Department of Juvenile Justice and the Department of Education |
| 3115 | and submitted to the Secretary of Juvenile Justice and the |
| 3116 | Commissioner of Education by June 30. |
| 3117 | (3) The district school board of the county in which the |
| 3118 | residential or nonresidential care facility or juvenile |
| 3119 | assessment facility is located shall provide appropriate |
| 3120 | educational assessments and an appropriate program of |
| 3121 | instruction and special education services. The district school |
| 3122 | board shall make provisions for each student to participate in |
| 3123 | basic, career and technical education, and exceptional student |
| 3124 | programs as appropriate. Students served in Department of |
| 3125 | Juvenile Justice programs shall have access to the appropriate |
| 3126 | courses and instruction to prepare them for the GED test. |
| 3127 | Students participating in GED preparation programs shall be |
| 3128 | funded at the basic program cost factor for Department of |
| 3129 | Juvenile Justice programs in the Florida Education Finance |
| 3130 | Program. Each program shall be conducted according to applicable |
| 3131 | law providing for the operation of public schools and rules of |
| 3132 | the State Board of Education. |
| 3133 | (5) The educational program shall consist of appropriate |
| 3134 | basic academic, career and technical, or exceptional curricula |
| 3135 | and related services which support the treatment goals and |
| 3136 | reentry and which may lead to completion of the requirements for |
| 3137 | receipt of a high school diploma or its equivalent. If the |
| 3138 | duration of a program is less than 40 days, the educational |
| 3139 | component may be limited to tutorial activities and career and |
| 3140 | technical employability skills. |
| 3141 | (23) The Department of Juvenile Justice and the Department |
| 3142 | of Education shall, in consultation with the statewide Workforce |
| 3143 | Development Youth Council, district school boards, providers, |
| 3144 | and others, jointly develop a multiagency plan for career and |
| 3145 | technical education which describes the curriculum, goals, and |
| 3146 | outcome measures for career and technical education programming |
| 3147 | in juvenile commitment facilities, pursuant to s. 985.3155. |
| 3148 | Section 87. Subsections (21), (23), (25), and (26) of |
| 3149 | section 1004.02, Florida Statutes, are amended to read: |
| 3150 | 1004.02 Definitions.--As used in this chapter: |
| 3151 | (21) "Career Technical certificate program" means a course |
| 3152 | of study that leads to at least one occupational completion |
| 3153 | point. The program may also confer credit that may articulate |
| 3154 | with a diploma or career technical degree education program, if |
| 3155 | authorized by rules of the State Board of Education. Any credit |
| 3156 | instruction designed to articulate to a degree program is |
| 3157 | subject to guidelines and standards adopted by the Department of |
| 3158 | Education pursuant to chapter 1007. The term is interchangeable |
| 3159 | with the term "certificate career and technical education |
| 3160 | program." |
| 3161 | (23) "Career and technical education planning region" |
| 3162 | means the geographic area in which career and technical or adult |
| 3163 | education is provided. Each career and technical region is |
| 3164 | contiguous with one of the 28 community college service areas. |
| 3165 | (25) "Career and technical program" means a group of |
| 3166 | identified competencies leading to occupations identified by a |
| 3167 | Classification of Instructional Programs number. |
| 3168 | (26) "Workforce development education" means adult general |
| 3169 | education or career and technical education and may consist of a |
| 3170 | continuing workforce education course or a program of study |
| 3171 | leading to an occupational completion point, a career technical |
| 3172 | certificate, an applied technology diploma, or a career |
| 3173 | technical degree. |
| 3174 | Section 88. Paragraph (f) of subsection (5) of section |
| 3175 | 1004.04, Florida Statutes, is amended to read: |
| 3176 | 1004.04 Public accountability and state approval for |
| 3177 | teacher preparation programs.-- |
| 3178 | (5) CONTINUED PROGRAM APPROVAL.--Notwithstanding |
| 3179 | subsection (4), failure by a public or nonpublic teacher |
| 3180 | preparation program to meet the criteria for continued program |
| 3181 | approval shall result in loss of program approval. The |
| 3182 | Department of Education, in collaboration with the departments |
| 3183 | and colleges of education, shall develop procedures for |
| 3184 | continued program approval that document the continuous |
| 3185 | improvement of program processes and graduates' performance. |
| 3186 | (f)1. Each Florida public and private institution that |
| 3187 | offers a state-approved teacher preparation program must |
| 3188 | annually report information regarding these programs to the |
| 3189 | state and the general public. This information shall be reported |
| 3190 | in a uniform and comprehensible manner that is consistent with |
| 3191 | definitions and methods approved by the Commissioner of the |
| 3192 | National Center for Educational Statistics and that is approved |
| 3193 | by the State Board of Education. This information must include, |
| 3194 | at a minimum: |
| 3195 | a. The percent of graduates obtaining full-time teaching |
| 3196 | employment within the first year of graduation. |
| 3197 | b. The average length of stay of graduates in their full- |
| 3198 | time teaching positions. |
| 3199 | c. Satisfaction ratings required in paragraph (e). |
| 3200 | 2. Each public and private institution offering training |
| 3201 | for school readiness related professions, including training in |
| 3202 | the fields of child care and early childhood education, whether |
| 3203 | offering career technical credit, associate in applied science |
| 3204 | degree programs, associate in science degree programs, or |
| 3205 | associate in arts degree programs, shall annually report |
| 3206 | information regarding these programs to the state and the |
| 3207 | general public in a uniform and comprehensible manner that |
| 3208 | conforms with definitions and methods approved by the State |
| 3209 | Board of Education. This information must include, at a minimum: |
| 3210 | a. Average length of stay of graduates in their positions. |
| 3211 | b. Satisfaction ratings of graduates' employers. |
| 3212 |
|
| 3213 | This information shall be reported through publications, |
| 3214 | including college and university catalogs and promotional |
| 3215 | materials sent to potential applicants, secondary school |
| 3216 | guidance counselors, and prospective employers of the |
| 3217 | institution's program graduates. |
| 3218 | Section 89. Section 1004.07, Florida Statutes, is amended |
| 3219 | to read: |
| 3220 | 1004.07 Student withdrawal from courses due to military |
| 3221 | service; effect.--Each district school board, community college |
| 3222 | district board of trustees, and university board of trustees |
| 3223 | shall establish, by rule and pursuant to guidelines of the State |
| 3224 | Board of Education, policies regarding currently enrolled |
| 3225 | students who are called to, or enlist in, active military |
| 3226 | service. Such policies shall provide that any student enrolled |
| 3227 | in a postsecondary course or courses at a career an area |
| 3228 | technical center, a public community college, a public college, |
| 3229 | or a state university shall not incur academic or financial |
| 3230 | penalties by virtue of performing military service on behalf of |
| 3231 | our country. Such student shall be permitted the option of |
| 3232 | either completing the course or courses at a later date without |
| 3233 | penalty or withdrawing from the course or courses with a full |
| 3234 | refund of fees paid. If the student chooses to withdraw, the |
| 3235 | student's record shall reflect that the withdrawal is due to |
| 3236 | active military service. |
| 3237 | Section 90. Paragraphs (b), (c), (d), and (g) of |
| 3238 | subsection (4) of section 1004.54, Florida Statutes, are amended |
| 3239 | to read: |
| 3240 | 1004.54 Learning Development and Evaluation Center.-- |
| 3241 | (4) An outreach component shall be established which shall |
| 3242 | include: |
| 3243 | (b) Working with community colleges, career technical |
| 3244 | centers, and community agencies to identify students who may |
| 3245 | benefit from the program. |
| 3246 | (c) Providing secondary schools, community colleges, |
| 3247 | career technical centers, and community agencies with a |
| 3248 | description of methods used by the program for identification of |
| 3249 | students who have learning disabilities. |
| 3250 | (d) Providing secondary schools, community colleges, |
| 3251 | career technical centers, and community agencies with a |
| 3252 | description of program services and the support services |
| 3253 | available. |
| 3254 | (g) Designing, developing, and implementing, in |
| 3255 | cooperation with Florida Agricultural and Mechanical University, |
| 3256 | public school districts, community colleges, and career |
| 3257 | technical centers within the Department of Education, model |
| 3258 | programs for the learning disabled student. |
| 3259 | Section 91. Subsection (6) and paragraph (a) of subsection |
| 3260 | (8) of section 1004.65, Florida Statutes, are amended to read: |
| 3261 | 1004.65 Community colleges; definition, mission, and |
| 3262 | responsibilities.-- |
| 3263 | (6) The primary mission and responsibility of community |
| 3264 | colleges is responding to community needs for postsecondary |
| 3265 | academic education and career technical degree education. This |
| 3266 | mission and responsibility includes being responsible for: |
| 3267 | (a) Providing lower level undergraduate instruction and |
| 3268 | awarding associate degrees. |
| 3269 | (b) Preparing students directly for careers vocations |
| 3270 | requiring less than baccalaureate degrees. This may include |
| 3271 | preparing for job entry, supplementing of skills and knowledge, |
| 3272 | and responding to needs in new areas of technology. Career and |
| 3273 | technical education in the community college shall consist of |
| 3274 | career technical certificates, credit courses leading to |
| 3275 | associate in science degrees and associate in applied science |
| 3276 | degrees, and other programs in fields requiring substantial |
| 3277 | academic work, background, or qualifications. A community |
| 3278 | college may offer career and technical education programs in |
| 3279 | fields having lesser academic or technical requirements. |
| 3280 | (c) Providing student development services, including |
| 3281 | assessment, student tracking, support for disabled students, |
| 3282 | advisement, counseling, financial aid, career development, and |
| 3283 | remedial and tutorial services, to ensure student success. |
| 3284 | (d) Promoting economic development for the state within |
| 3285 | each community college district through the provision of special |
| 3286 | programs, including, but not limited to, the: |
| 3287 | 1. Enterprise Florida-related programs. |
| 3288 | 2. Technology transfer centers. |
| 3289 | 3. Economic development centers. |
| 3290 | 4. Workforce literacy programs. |
| 3291 | (e) Providing dual enrollment instruction. |
| 3292 | (8) Funding for community colleges shall reflect their |
| 3293 | mission as follows: |
| 3294 | (a) Postsecondary academic and career and technical |
| 3295 | education programs and adult general education programs shall |
| 3296 | have first priority in community college funding. |
| 3297 | Section 92. Paragraph (b) of subsection (3) and paragraph |
| 3298 | (a) of subsection (8) of section 1004.73, Florida Statutes, are |
| 3299 | amended to read: |
| 3300 | 1004.73 St. Petersburg College.-- |
| 3301 | (3) STUDENTS; FEES.-- |
| 3302 | (b) The Board of Trustees of St. Petersburg College shall |
| 3303 | establish the level of tuition and other authorized student fees |
| 3304 | consistent with law and proviso in the General Appropriations |
| 3305 | Act. |
| 3306 | 1. For each credit hour of enrollment in a certificate |
| 3307 | level course or lower-division level college credit course, |
| 3308 | tuition and fees must be within the range authorized in law and |
| 3309 | rule for a community college student at that level. |
| 3310 | 2. For each credit hour of enrollment in an upper-division |
| 3311 | level course, matriculation and tuition fees must be in an |
| 3312 | amount established by the Board of Trustees of St. Petersburg |
| 3313 | College. However, fees for upper-division students must reflect |
| 3314 | the fact that the college does not incur the costs of major |
| 3315 | research programs. Therefore, the board of trustees shall |
| 3316 | establish fees for upper-division students within a range that |
| 3317 | is lower than the fees established for students at a state |
| 3318 | university but higher than the fees for community college |
| 3319 | students. |
| 3320 | 3. Other mandatory fees and local fees must be at the same |
| 3321 | level for all lower-division students. For upper-division |
| 3322 | students, other mandatory fees and local fees must be at a level |
| 3323 | less than fees established for University of South Florida |
| 3324 | students, regardless of program enrollment or level. However, |
| 3325 | students in workforce development education courses maintain the |
| 3326 | authorized fee exemptions described in s. 1009.25 and may be |
| 3327 | exempt from local fees imposed by the board of trustees, at the |
| 3328 | board's discretion. |
| 3329 | (8) STATE FUNDING.-- |
| 3330 | (a) The Legislature intends to fund St. Petersburg College |
| 3331 | as a community college for its workforce development education |
| 3332 | programs and for its lower-division level college credit courses |
| 3333 | and programs. |
| 3334 | Section 93. Subsections (1) and (2) of section 1004.91, |
| 3335 | Florida Statutes, are amended to read: |
| 3336 | 1004.91 Career-preparatory Vocational-preparatory |
| 3337 | instruction.-- |
| 3338 | (1) The State Board of Education shall adopt, by rule, |
| 3339 | standards of basic skill mastery for certificate career |
| 3340 | technical education programs. Each school district and community |
| 3341 | college that conducts programs that confer career technical |
| 3342 | credit shall provide career-preparatory vocational-preparatory |
| 3343 | instruction through which students receive the basic skills |
| 3344 | instruction required pursuant to this section. |
| 3345 | (2) Students who enroll in a program offered for career |
| 3346 | technical credit of 450 hours or more shall complete an entry- |
| 3347 | level examination within the first 6 weeks of admission into the |
| 3348 | program. The State Board of Education shall designate |
| 3349 | examinations that are currently in existence, the results of |
| 3350 | which are comparable across institutions, to assess student |
| 3351 | mastery of basic skills. Any student found to lack the required |
| 3352 | level of basic skills for such program shall be referred to |
| 3353 | career-preparatory vocational-preparatory instruction or adult |
| 3354 | basic education for a structured program of basic skills |
| 3355 | instruction. Such instruction may include English for speakers |
| 3356 | of other languages. A student may not receive a career technical |
| 3357 | certificate of completion without first demonstrating the basic |
| 3358 | skills required in the state curriculum frameworks for the |
| 3359 | program. |
| 3360 | Section 94. Section 1004.92, Florida Statutes, is amended |
| 3361 | to read: |
| 3362 | 1004.92 Purpose and responsibilities for career and |
| 3363 | technical education.-- |
| 3364 | (1) The purpose of career and technical education is to |
| 3365 | enable students who complete career and technical programs to |
| 3366 | attain and sustain employment and realize economic self- |
| 3367 | sufficiency. The purpose of this section is to identify issues |
| 3368 | related to career and technical education for which school |
| 3369 | boards and community college boards of trustees are accountable. |
| 3370 | It is the intent of the Legislature that the standards |
| 3371 | articulated in subsection (2) be considered in the development |
| 3372 | of accountability standards for public schools pursuant to ss. |
| 3373 | 1000.03, 1001.42(16), and 1008.345 and for community colleges |
| 3374 | pursuant to s. 1008.45. |
| 3375 | (2)(a) School board, superintendent, and career technical |
| 3376 | center, and community college board of trustees and president, |
| 3377 | accountability for career and technical education programs |
| 3378 | includes, but is not limited to: |
| 3379 | 1. Student demonstration of the academic skills necessary |
| 3380 | to enter an occupation. |
| 3381 | 2. Student preparation to enter an occupation in an entry- |
| 3382 | level position or continue postsecondary study. |
| 3383 | 3. Career and technical program articulation with other |
| 3384 | corresponding postsecondary programs and job training |
| 3385 | experiences. |
| 3386 | 4. Employer satisfaction with the performance of students |
| 3387 | who complete career and technical education or reach |
| 3388 | occupational completion points. |
| 3389 | 5. Student completion, placement, and retention rates |
| 3390 | pursuant to s. 1008.43. |
| 3391 | (b) Department of Education accountability for career and |
| 3392 | technical education includes, but is not limited to: |
| 3393 | 1. The provision of timely, accurate technical assistance |
| 3394 | to school districts and community colleges. |
| 3395 | 2. The provision of timely, accurate information to the |
| 3396 | State Board of Education, the Legislature, and the public. |
| 3397 | 3. The development of policies, rules, and procedures that |
| 3398 | facilitate institutional attainment of the accountability |
| 3399 | standards and coordinate the efforts of all divisions within the |
| 3400 | department. |
| 3401 | 4. The development of program standards and industry- |
| 3402 | driven benchmarks for career and technical, adult, and community |
| 3403 | education programs, which must be updated every 3 years. The |
| 3404 | standards must include career technical, academic, and workplace |
| 3405 | skills; viability of distance learning for instruction; and |
| 3406 | work/learn cycles that are responsive to business and industry. |
| 3407 | 5. Overseeing school district and community college |
| 3408 | compliance with the provisions of this chapter. |
| 3409 | 6. Ensuring that the educational outcomes for the |
| 3410 | technical component of career and technical programs are uniform |
| 3411 | and designed to provide a graduate who is capable of entering |
| 3412 | the workforce on an equally competitive basis regardless of the |
| 3413 | institution of choice. |
| 3414 | (3) Each career technical center operated by a district |
| 3415 | school board shall establish a center advisory council pursuant |
| 3416 | to s. 1001.452. The center advisory council shall assist in the |
| 3417 | preparation and evaluation of center improvement plans required |
| 3418 | pursuant to s. 1001.42(16) and may provide assistance, upon the |
| 3419 | request of the center director, in the preparation of the |
| 3420 | center's annual budget and plan as required by s. 1008.385(1). |
| 3421 | Section 95. Paragraph (b) of subsection (1), paragraph (d) |
| 3422 | of subsection (2), and paragraph (c) of subsection (4) of |
| 3423 | section 1004.93, Florida Statutes, are amended to read: |
| 3424 | 1004.93 Adult general education.-- |
| 3425 | (1) |
| 3426 | (b) It is further intended that educational opportunities |
| 3427 | be available for adults who have earned a diploma or high school |
| 3428 | equivalency diploma but who lack the basic skills necessary to |
| 3429 | function effectively in everyday situations, to enter the job |
| 3430 | market, or to enter career technical certificate instruction. |
| 3431 | (2) The adult education program must provide academic |
| 3432 | services to students in the following priority: |
| 3433 | (d) Students who have earned high school diplomas and |
| 3434 | require specific improvement in order to: |
| 3435 | 1. Obtain or maintain employment or benefit from |
| 3436 | certificate career technical education programs; |
| 3437 | 2. Pursue a postsecondary degree; or |
| 3438 | 3. Develop competence in the English language to qualify |
| 3439 | for employment. |
| 3440 | (4) |
| 3441 | (c) The State Board of Education shall define, by rule, |
| 3442 | the levels and courses of instruction to be funded through the |
| 3443 | college-preparatory program. The state board shall coordinate |
| 3444 | the establishment of costs for college-preparatory courses, the |
| 3445 | establishment of statewide standards that define required levels |
| 3446 | of competence, acceptable rates of student progress, and the |
| 3447 | maximum amount of time to be allowed for completion of college- |
| 3448 | preparatory instruction. College-preparatory instruction is part |
| 3449 | of an associate in arts degree program and may not be funded as |
| 3450 | an adult career and technical education program. |
| 3451 | Section 96. Subsection (2) of section 1004.98, Florida |
| 3452 | Statutes, is amended to read: |
| 3453 | 1004.98 Workforce literacy programs.-- |
| 3454 | (2) Each community college and school district may conduct |
| 3455 | courses and programs through which adults gain the communication |
| 3456 | and computation skills necessary to complete a career and |
| 3457 | technical program, to gain or maintain entry-level employment, |
| 3458 | or to upgrade employment. Courses may not be conducted until the |
| 3459 | community college or school district identifies current and |
| 3460 | prospective employees who do not possess the skills necessary to |
| 3461 | enter career and technical programs or to obtain or maintain |
| 3462 | employment. |
| 3463 | Section 97. Subsection (8) of section 1005.02, Florida |
| 3464 | Statutes, is amended to read: |
| 3465 | 1005.02 Definitions.--As used in this chapter, the term: |
| 3466 | (8) "Diploma" means a credential that is not a degree but |
| 3467 | is any of the following: a certificate, transcript, report, |
| 3468 | document, or title; a designation, mark, or appellation; or a |
| 3469 | series of letters, numbers, or words that generally are taken to |
| 3470 | signify satisfactory completion of the requirements of an |
| 3471 | educational, technical, or career program of study or training |
| 3472 | or course of study. |
| 3473 | Section 98. Subsection (2) of section 1005.06, Florida |
| 3474 | Statutes, is amended to read: |
| 3475 | 1005.06 Institutions not under the jurisdiction or purview |
| 3476 | of the commission.-- |
| 3477 | (2) The Department of Education may contract with the |
| 3478 | Commission on Independent Education to provide services for |
| 3479 | independent postsecondary educational institutions not under the |
| 3480 | jurisdiction of the commission relating to licensure of |
| 3481 | postsecondary career technical certificate and diploma programs |
| 3482 | that such institutions may wish to offer and preliminary review |
| 3483 | of programs such institutions may wish to offer which are beyond |
| 3484 | the scope of the institutions's current accreditation status. |
| 3485 | Upon completion of its review, the commission shall forward its |
| 3486 | recommendation to the department for final action. The |
| 3487 | department shall assess the institution seeking such services |
| 3488 | the cost to the commission of providing such services. Revenues |
| 3489 | collected pursuant to this provision shall be deposited in the |
| 3490 | Institutional Assessment Trust Fund. |
| 3491 | Section 99. Paragraph (c) of subsection (2) of section |
| 3492 | 1005.21, Florida Statutes, is amended to read: |
| 3493 | 1005.21 Commission for Independent Education.-- |
| 3494 | (2) The Commission for Independent Education shall consist |
| 3495 | of seven members who are residents of this state. The commission |
| 3496 | shall function in matters concerning independent postsecondary |
| 3497 | educational institutions in consumer protection, program |
| 3498 | improvement, and licensure for institutions under its purview. |
| 3499 | The Governor shall appoint the members of the commission who are |
| 3500 | subject to confirmation by the Senate. The membership of the |
| 3501 | commission shall consist of: |
| 3502 | (c) One member from a public school district or community |
| 3503 | college who is an administrator of career and technical |
| 3504 | education. |
| 3505 | Section 100. Subsections (2) and (5) of section 1006.035, |
| 3506 | Florida Statutes, are amended to read: |
| 3507 | 1006.035 Dropout reentry and mentor project.-- |
| 3508 | (2) The project shall identify 15 black students in each |
| 3509 | location who have dropped out of high school but were not |
| 3510 | encountering academic difficulty when they left school. Students |
| 3511 | chosen to participate may not have a high school diploma, be |
| 3512 | enrolled in an adult general education program which includes a |
| 3513 | GED program or an adult high school, or be enrolled in a career |
| 3514 | center technical school. Students may be employed but must be |
| 3515 | able to adjust their work schedules to accommodate classes and |
| 3516 | project sessions. Priority must be given to students who have |
| 3517 | dropped out of school within the last 3 years. |
| 3518 | (5) Selected project participants shall be evaluated and |
| 3519 | enrolled in a GED program, regular high school, career center |
| 3520 | technical school, or alternative school. In conjunction with |
| 3521 | school guidance personnel, project staff shall design a |
| 3522 | supplemental program to reinforce basic skills, provide |
| 3523 | additional counseling, and offer tutorial assistance. Weekly, |
| 3524 | project staff shall monitor students' attendance, performance, |
| 3525 | homework, and attitude toward school. |
| 3526 | Section 101. Subsection (1) of section 1006.051, Florida |
| 3527 | Statutes, is amended to read: |
| 3528 | 1006.051 Sunshine Workforce Solutions Grant Program.-- |
| 3529 | (1) The Legislature recognizes the need for school |
| 3530 | districts to be able to respond to critical workforce shortages |
| 3531 | in nursing. The Sunshine Workforce Solutions Grant Program is |
| 3532 | created to provide grants to school districts on a competitive |
| 3533 | basis to fund all or some of the costs associated with |
| 3534 | establishing an exploratory program in nursing at the middle |
| 3535 | school level or a comprehensive career and technical education |
| 3536 | program within a high school that provides a program of study in |
| 3537 | nursing that will provide a seamless transition to appropriate |
| 3538 | postsecondary education or employment. |
| 3539 | (a) A comprehensive career and technical education program |
| 3540 | within a high school that provides a program of study in nursing |
| 3541 | must be certified or endorsed by the Florida Board of Nursing to |
| 3542 | ensure that all components of the program are relevant and |
| 3543 | appropriate to prepare the student for further education and |
| 3544 | employment in nursing. |
| 3545 | (b) For career and technical education programs in which |
| 3546 | high school credit is articulated to a related postsecondary |
| 3547 | education program, there must be an articulation agreement that |
| 3548 | ensures seamless transition from one level to the next without a |
| 3549 | loss of credit for the student. |
| 3550 | (c) Participation in work-based learning experiences, as |
| 3551 | defined in rule by the Department of Education, shall be |
| 3552 | required in career and technical education programs at the high |
| 3553 | school level. |
| 3554 | Section 102. Paragraph (c) of subsection (3) of section |
| 3555 | 1006.21, Florida Statutes, is amended to read: |
| 3556 | 1006.21 Duties of district school superintendent and |
| 3557 | district school board regarding transportation.-- |
| 3558 | (3) District school boards, after considering |
| 3559 | recommendations of the district school superintendent: |
| 3560 | (c) May provide transportation for public school migrant, |
| 3561 | exceptional, nursery, and other public school students in |
| 3562 | membership below kindergarten; kindergarten through grade 12 |
| 3563 | students in membership in a public school; and adult students in |
| 3564 | membership in adult career and technical, basic, and high school |
| 3565 | graduation programs in a public school when, and only when, |
| 3566 | transportation is necessary to provide adequate educational |
| 3567 | facilities and opportunities which otherwise would not be |
| 3568 | available. |
| 3569 | Section 103. Paragraph (a) of subsection (4) of section |
| 3570 | 1006.31, Florida Statutes, is amended to read: |
| 3571 | 1006.31 Duties of each state instructional materials |
| 3572 | committee.--The duties of each state instructional materials |
| 3573 | committee are: |
| 3574 | (4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate |
| 3575 | carefully all instructional materials submitted, to ascertain |
| 3576 | which instructional materials, if any, submitted for |
| 3577 | consideration best implement the selection criteria developed by |
| 3578 | the commissioner and those curricular objectives included within |
| 3579 | applicable performance standards provided for in s. 1001.03(1). |
| 3580 | (a) When recommending instructional materials for use in |
| 3581 | the schools, each committee shall include only instructional |
| 3582 | materials that accurately portray the ethnic, socioeconomic, |
| 3583 | cultural, and racial diversity of our society, including men and |
| 3584 | women in professional, career and technical, and executive |
| 3585 | roles, and the role and contributions of the entrepreneur and |
| 3586 | labor in the total development of this state and the United |
| 3587 | States. |
| 3588 |
|
| 3589 | The findings of the committees, including the evaluation of |
| 3590 | instructional materials, shall be in sessions open to the |
| 3591 | public. All decisions leading to determinations of the |
| 3592 | committees shall be by roll call vote, and at no time will a |
| 3593 | secret ballot be permitted. |
| 3594 | Section 104. Paragraph (a) of subsection (2) and paragraph |
| 3595 | (b) of subsection (3) of section 1007.21, Florida Statutes, are |
| 3596 | amended to read: |
| 3597 | 1007.21 Readiness for postsecondary education and the |
| 3598 | workplace.-- |
| 3599 | (2)(a) Students entering the 9th grade and their parents |
| 3600 | shall be active participants in choosing an end-of-high-school |
| 3601 | student destination based upon both student and parent or |
| 3602 | guardian goals. Four or more destinations should be available |
| 3603 | with bridges between destinations to enable students to shift |
| 3604 | destinations should they choose to change goals. The |
| 3605 | destinations shall accommodate the needs of students served in |
| 3606 | exceptional education programs to the extent appropriate for |
| 3607 | individual students. Exceptional education students may continue |
| 3608 | to follow the courses outlined in the district school board |
| 3609 | student progression plan. Participating students and their |
| 3610 | parents shall choose among destinations, which must include: |
| 3611 | 1. Four-year college or university, community college plus |
| 3612 | university, or military academy. |
| 3613 | 2. Two-year postsecondary degree. |
| 3614 | 3. Postsecondary career and technical certificate. |
| 3615 | 4. Immediate employment or entry-level military. |
| 3616 | (3) |
| 3617 | (b) The school principal shall: |
| 3618 | 1. Designate a member of the existing instructional or |
| 3619 | administrative staff to serve as a specialist to help coordinate |
| 3620 | the use of student achievement strategies to help students |
| 3621 | succeed in their coursework. The specialist shall also assist |
| 3622 | teachers in integrating the academic and career and technical |
| 3623 | curricula, utilizing technology, providing feedback regarding |
| 3624 | student achievement, and implementing the Blueprint for Career |
| 3625 | Preparation and Tech Prep programs. |
| 3626 | 2. Institute strategies to eliminate reading, writing, and |
| 3627 | mathematics deficiencies of secondary students. |
| 3628 | Section 105. Paragraph (c) of subsection (1) of section |
| 3629 | 1007.23, Florida Statutes, is amended to read: |
| 3630 | 1007.23 Statewide articulation agreement.-- |
| 3631 | (1) The State Board of Education shall establish in rule a |
| 3632 | statewide articulation agreement that governs: |
| 3633 | (c) Admission of applied technology diploma program |
| 3634 | graduates from community colleges or career technical centers; |
| 3635 | Section 106. Subsection (2) of section 1007.24, Florida |
| 3636 | Statutes, is amended to read: |
| 3637 | 1007.24 Statewide course numbering system.-- |
| 3638 | (2) The Commissioner of Education shall appoint faculty |
| 3639 | committees representing faculties of participating institutions |
| 3640 | to recommend a single level for each course, including |
| 3641 | postsecondary career and technical education courses, included |
| 3642 | in the statewide course numbering system. |
| 3643 | (a) Any course designated as an upper-division-level |
| 3644 | course must be characterized by a need for advanced academic |
| 3645 | preparation and skills that a student would be unlikely to |
| 3646 | achieve without significant prior coursework. |
| 3647 | (b) A course that is offered as part of an associate in |
| 3648 | science degree program and as an upper-division course for a |
| 3649 | baccalaureate degree shall be designated for both the lower and |
| 3650 | upper division. |
| 3651 | (c) A course designated as lower-division may be offered |
| 3652 | by any community college. |
| 3653 | Section 107. Subsections (2) and (11) of section 1007.25, |
| 3654 | Florida Statutes, are amended to read: |
| 3655 | 1007.25 General education courses; common prerequisites; |
| 3656 | and other degree requirements.-- |
| 3657 | (2) The department shall identify postsecondary career and |
| 3658 | technical education programs offered by community colleges and |
| 3659 | district school boards. The department shall also identify |
| 3660 | career and technical courses designated as college credit |
| 3661 | courses applicable toward a career and technical education |
| 3662 | diploma or degree. Such courses must be identified within the |
| 3663 | statewide course numbering system. |
| 3664 | (11) The Commissioner of Education shall appoint faculty |
| 3665 | committees representing both community college and public school |
| 3666 | faculties to recommend to the commissioner for approval by the |
| 3667 | State Board of Education a standard program length and |
| 3668 | appropriate occupational completion points for each |
| 3669 | postsecondary career and technical certificate program, diploma, |
| 3670 | and degree. |
| 3671 | Section 108. Subsection (4) of section 1007.27, Florida |
| 3672 | Statutes, is amended to read: |
| 3673 | 1007.27 Articulated acceleration mechanisms.-- |
| 3674 | (4) It is the intent of the Legislature to provide |
| 3675 | articulated acceleration mechanisms for students who are in home |
| 3676 | education programs, as defined in s. 1003.01(11), consistent |
| 3677 | with the educational opportunities available to public and |
| 3678 | private secondary school students. Home education students may |
| 3679 | participate in dual enrollment, career and technical dual |
| 3680 | enrollment, early admission, and credit by examination. Credit |
| 3681 | earned by home education students through dual enrollment shall |
| 3682 | apply toward the completion of a home education program that |
| 3683 | meets the requirements of s. 1002.41. |
| 3684 | Section 109. Subsections (1), (3), (4), (8), and (10) of |
| 3685 | section 1007.271, Florida Statutes, are amended to read: |
| 3686 | 1007.271 Dual enrollment programs.-- |
| 3687 | (1) The dual enrollment program is the enrollment of an |
| 3688 | eligible secondary student or home education student in a |
| 3689 | postsecondary course creditable toward a career and technical |
| 3690 | certificate or an associate or baccalaureate degree. |
| 3691 | (3) The Department of Education shall adopt guidelines |
| 3692 | designed to achieve comparability across school districts of |
| 3693 | both student qualifications and teacher qualifications for dual |
| 3694 | enrollment courses. Student qualifications must demonstrate |
| 3695 | readiness for college-level coursework if the student is to be |
| 3696 | enrolled in college courses. Student qualifications must |
| 3697 | demonstrate readiness for career-level career and technical- |
| 3698 | level coursework if the student is to be enrolled in career and |
| 3699 | technical courses. In addition to the common placement |
| 3700 | examination, student qualifications for enrollment in college |
| 3701 | credit dual enrollment courses must include a 3.0 unweighted |
| 3702 | grade point average, and student qualifications for enrollment |
| 3703 | in career and technical certificate dual enrollment courses must |
| 3704 | include a 2.0 unweighted grade point average. Exceptions to the |
| 3705 | required grade point averages may be granted if the educational |
| 3706 | entities agree and the terms of the agreement are contained |
| 3707 | within the dual enrollment interinstitutional articulation |
| 3708 | agreement. Community college boards of trustees may establish |
| 3709 | additional admissions criteria, which shall be included in the |
| 3710 | district interinstitutional articulation agreement developed |
| 3711 | according to s. 1007.235, to ensure student readiness for |
| 3712 | postsecondary instruction. Additional requirements included in |
| 3713 | the agreement shall not arbitrarily prohibit students who have |
| 3714 | demonstrated the ability to master advanced courses from |
| 3715 | participating in dual enrollment courses. District school boards |
| 3716 | may not refuse to enter into an agreement with a local community |
| 3717 | college if that community college has the capacity to offer dual |
| 3718 | enrollment courses. |
| 3719 | (4) Career and technical dual enrollment shall be provided |
| 3720 | as a curricular option for secondary students to pursue in order |
| 3721 | to earn a series of elective credits toward the high school |
| 3722 | diploma. However, career and technical dual enrollment shall not |
| 3723 | supplant student acquisition of the diploma. Career and |
| 3724 | technical dual enrollment shall be available for secondary |
| 3725 | students seeking a degree or certificate from a complete career- |
| 3726 | preparatory job-preparatory program, but shall not sustain |
| 3727 | student enrollment in isolated career and technical courses. It |
| 3728 | is the intent of the Legislature that career and technical dual |
| 3729 | enrollment reflect the interests and aptitudes of the student. |
| 3730 | The provision of a comprehensive academic and career and |
| 3731 | technical dual enrollment program within the career area |
| 3732 | technical center or community college is supportive of |
| 3733 | legislative intent; however, such provision is not mandatory. |
| 3734 | (8) Career and technical early admission is a form of |
| 3735 | career and technical dual enrollment through which eligible |
| 3736 | secondary students enroll full time in a career an area |
| 3737 | technical center or a community college in courses that are |
| 3738 | creditable toward the high school diploma and the certificate or |
| 3739 | associate degree. Participation in the career and technical |
| 3740 | early admission program shall be limited to students who have |
| 3741 | completed a minimum of 6 semesters of full-time secondary |
| 3742 | enrollment, including studies undertaken in the ninth grade. |
| 3743 | Students enrolled pursuant to this section are exempt from the |
| 3744 | payment of registration, tuition, and laboratory fees. |
| 3745 | (10)(a) The dual enrollment program for home education |
| 3746 | students consists of the enrollment of an eligible home |
| 3747 | education secondary student in a postsecondary course creditable |
| 3748 | toward an associate degree, a career or technical certificate, |
| 3749 | or a baccalaureate degree. To participate in the dual enrollment |
| 3750 | program, an eligible home education secondary student must: |
| 3751 | 1. Provide proof of enrollment in a home education program |
| 3752 | pursuant to s. 1002.41. |
| 3753 | 2. Be responsible for his or her own instructional |
| 3754 | materials and transportation unless provided for otherwise. |
| 3755 | (b) Each career technical center, community college, and |
| 3756 | state university shall: |
| 3757 | 1. Delineate courses and programs for dually enrolled home |
| 3758 | education students. Courses and programs may be added, revised, |
| 3759 | or deleted at any time. |
| 3760 | 2. Identify eligibility criteria for home education |
| 3761 | student participation, not to exceed those required of other |
| 3762 | dually enrolled students. |
| 3763 | Section 110. Subsection (1) of section 1008.37, Florida |
| 3764 | Statutes, is amended to read: |
| 3765 | 1008.37 Postsecondary feedback of information to high |
| 3766 | schools.-- |
| 3767 | (1) The State Board of Education shall adopt rules that |
| 3768 | require the Commissioner of Education to report to the State |
| 3769 | Board of Education, the Legislature, and the district school |
| 3770 | boards on the performance of each first-time-in-postsecondary |
| 3771 | education student from each public high school in this state who |
| 3772 | is enrolled in a public postsecondary institution or public |
| 3773 | career technical center. Such reports must be based on |
| 3774 | information databases maintained by the Department of Education. |
| 3775 | In addition, the public postsecondary educational institutions |
| 3776 | and career technical centers shall provide district school |
| 3777 | boards access to information on student performance in regular |
| 3778 | and preparatory courses and shall indicate students referred for |
| 3779 | remediation pursuant to s. 1004.91 or s. 1008.30. |
| 3780 | Section 111. Paragraph (b) of subsection (1) of section |
| 3781 | 1008.385, Florida Statutes, is amended to read: |
| 3782 | 1008.385 Educational planning and information systems.-- |
| 3783 | (1) EDUCATIONAL PLANNING.-- |
| 3784 | (b) Each district school board shall maintain a continuing |
| 3785 | system of planning and budgeting designed to aid in identifying |
| 3786 | and meeting the educational needs of students and the public. |
| 3787 | Provision shall be made for coordination between district school |
| 3788 | boards and community college boards of trustees concerning the |
| 3789 | planning for career and technical education and adult |
| 3790 | educational programs. The major emphasis of the system shall be |
| 3791 | upon locally determined goals and objectives, the state plan for |
| 3792 | education, and the Sunshine State Standards developed by the |
| 3793 | Department of Education and adopted by the State Board of |
| 3794 | Education. The district planning and budgeting system must |
| 3795 | include consideration of student achievement data obtained |
| 3796 | pursuant to ss. 1008.22 and 1008.34. The system shall be |
| 3797 | structured to meet the specific management needs of the district |
| 3798 | and to align the budget adopted by the district school board |
| 3799 | with the plan the board has also adopted. Each district school |
| 3800 | board shall utilize its system of planning and budgeting to |
| 3801 | emphasize a system of school-based management in which |
| 3802 | individual school centers become the principal planning units |
| 3803 | and to integrate planning and budgeting at the school level. |
| 3804 | Section 112. Section 1008.405, Florida Statutes, is |
| 3805 | amended to read: |
| 3806 | 1008.405 Adult student information.--Each school district |
| 3807 | and community college shall maintain sufficient information for |
| 3808 | each student enrolled in workforce development education to |
| 3809 | allow local and state administrators to locate such student upon |
| 3810 | the termination of instruction and to determine the |
| 3811 | appropriateness of student placement in specific instructional |
| 3812 | programs. The State Board of Education shall adopt, in rule, |
| 3813 | specific information that must be maintained and acceptable |
| 3814 | means of maintaining that information. |
| 3815 | Section 113. Subsections (1) and (2) of section 1008.41, |
| 3816 | Florida Statutes, are amended to read: |
| 3817 | 1008.41 Workforce Development education; management |
| 3818 | information system.-- |
| 3819 | (1) The Commissioner of Education shall coordinate uniform |
| 3820 | program structures, common definitions, and uniform management |
| 3821 | information systems for workforce development education for all |
| 3822 | divisions within the department. In performing these functions, |
| 3823 | the commissioner shall designate deadlines after which data |
| 3824 | elements may not be changed for the coming fiscal or school |
| 3825 | year. School districts and community colleges shall be notified |
| 3826 | of data element changes at least 90 days prior to the start of |
| 3827 | the subsequent fiscal or school year. Such systems must provide |
| 3828 | for: |
| 3829 | (a) Individual student reporting. |
| 3830 | (b) Compliance with state and federal confidentiality |
| 3831 | requirements, except that the department shall have access to |
| 3832 | the unemployment insurance wage reports to collect and report |
| 3833 | placement information about former students. Such placement |
| 3834 | reports must not disclose the individual identities of former |
| 3835 | students. |
| 3836 | (c) Maximum use of automated technology and records in |
| 3837 | existing data bases and data systems. To the extent feasible, |
| 3838 | the Florida Information Resource Network shall be employed for |
| 3839 | this purpose. |
| 3840 | (d) Annual reports of student enrollment, completion, and |
| 3841 | placement by program. |
| 3842 | (2) The State Board of Education shall identify, by rule, |
| 3843 | the components to be included in the workforce development |
| 3844 | education management information system. All such components |
| 3845 | shall be comparable between school districts and community |
| 3846 | colleges. |
| 3847 | Section 114. Subsection (2) of section 1008.42, Florida |
| 3848 | Statutes, is amended to read: |
| 3849 | 1008.42 Public information on career and technical |
| 3850 | education programs.-- |
| 3851 | (2) The dissemination shall be conducted in accordance |
| 3852 | with the following procedures: |
| 3853 | (a) Annually, the Department of Education shall publish |
| 3854 | the placement rates and average quarterly earnings for students |
| 3855 | who complete each type of career technical certificate program |
| 3856 | and career technical degree program. This information must be |
| 3857 | aggregated to the state level and must be included in any |
| 3858 | accountability reports. A program that was created or modified |
| 3859 | so that placement rates cannot be calculated must be so |
| 3860 | identified in such reports. |
| 3861 | (b)1. Each district school board shall publish, at a |
| 3862 | minimum, the most recently available placement rate for each |
| 3863 | career technical certificate program conducted by that school |
| 3864 | district at the secondary school level and at the career |
| 3865 | technical degree level. The placement rates for the preceding 3 |
| 3866 | years shall be published if available, shall be included in each |
| 3867 | publication that informs the public of the availability of the |
| 3868 | program, and shall be made available to each school guidance |
| 3869 | counselor. If a program does not have a placement rate, a |
| 3870 | publication that lists or describes that program must state that |
| 3871 | the rate is unavailable. |
| 3872 | 2. Each community college shall publish, at a minimum, the |
| 3873 | most recent placement rate for each career technical certificate |
| 3874 | program and for each career technical degree program in its |
| 3875 | annual catalog. The placement rates for the preceding 3 years |
| 3876 | shall be published, if available, and shall be included in any |
| 3877 | publication that informs the public of the availability of the |
| 3878 | program. If a program does not have a placement rate, the |
| 3879 | publication that lists or describes that program must state that |
| 3880 | the rate is unavailable. |
| 3881 | 3. If a school district or a community college has |
| 3882 | calculated for a program a placement rate that differs from the |
| 3883 | rate reported by the department, and if each record of a |
| 3884 | placement was obtained through a process that was capable of |
| 3885 | being audited, procedurally sound, and consistent statewide, the |
| 3886 | district or the community college may use the locally calculated |
| 3887 | placement rate in the report required by this section. However, |
| 3888 | that rate may not be combined with the rate maintained in the |
| 3889 | computer files of the Department of Education's Florida |
| 3890 | Education and Training Placement Information Program. |
| 3891 | 4. An independent career and technical, trade, or business |
| 3892 | school may not publish a placement rate unless the placement |
| 3893 | rate was determined as provided by this section. |
| 3894 | Section 115. Paragraphs (a) and (c) of subsection (1) and |
| 3895 | subsection (2) of section 1008.43, Florida Statutes, are amended |
| 3896 | to read: |
| 3897 | 1008.43 Career and technical program reporting |
| 3898 | requirements.-- |
| 3899 | (1)(a) The Department of Education shall develop a system |
| 3900 | of performance measures in order to evaluate the career and |
| 3901 | technical education programs as required in s. 1008.42. This |
| 3902 | system must measure program enrollment, completion rates, |
| 3903 | placement rates, and amount of earnings at the time of |
| 3904 | placement. Placement and employment information, where |
| 3905 | applicable, shall contain data relevant to job retention, |
| 3906 | including retention rates. The State Board of Education shall |
| 3907 | adopt by rule the specific measures and any definitions needed |
| 3908 | to establish the system of performance measures. |
| 3909 | (c) The State Board of Education shall adopt standards for |
| 3910 | the department, district school boards, and community college |
| 3911 | district boards of trustees to use in program planning, program |
| 3912 | review, and program evaluation. The standards must include, at a |
| 3913 | minimum, the completion rates, placement rates, and earnings |
| 3914 | from employment of former students of career and technical |
| 3915 | education programs. |
| 3916 | (2) The State Board of Education shall adopt procedures |
| 3917 | for reviewing the career and technical education programs |
| 3918 | administered by the district school boards and the community |
| 3919 | college district boards of trustees when program performance |
| 3920 | falls below the standards required by this section. |
| 3921 | Section 116. Paragraphs (d) and (f) of subsection (1) of |
| 3922 | section 1008.45, Florida Statutes, are amended to read: |
| 3923 | 1008.45 Community college accountability process.-- |
| 3924 | (1) It is the intent of the Legislature that a management |
| 3925 | and accountability process be implemented which provides for the |
| 3926 | systematic, ongoing improvement and assessment of the |
| 3927 | improvement of the quality and efficiency of the Florida |
| 3928 | community colleges. Accordingly, the State Board of Education |
| 3929 | and the community college boards of trustees shall develop and |
| 3930 | implement an accountability plan to improve and evaluate the |
| 3931 | instructional and administrative efficiency and effectiveness of |
| 3932 | the Florida Community College System. This plan shall be |
| 3933 | designed in consultation with staff of the Governor and the |
| 3934 | Legislature and must address the following issues: |
| 3935 | (d) Job placement rates of community college career and |
| 3936 | technical students. |
| 3937 | (f) Career and technical accountability standards |
| 3938 | identified in s. 1008.42. |
| 3939 | Section 117. Subsection (14) of section 1009.23, Florida |
| 3940 | Statutes, is amended to read: |
| 3941 | 1009.23 Community college student fees.-- |
| 3942 | (14) Each community college board of trustees shall report |
| 3943 | only those students who have actually enrolled in instruction |
| 3944 | provided or supervised by instructional personnel under contract |
| 3945 | with the community college in calculations of actual full-time |
| 3946 | equivalent enrollments for state funding purposes. No student |
| 3947 | who has been exempted from taking a course or who has been |
| 3948 | granted academic or career technical credit through means other |
| 3949 | than actual coursework completed at the granting institution |
| 3950 | shall be calculated for enrollment in the course from which he |
| 3951 | or she has been exempted or granted credit. Community colleges |
| 3952 | that report enrollments in violation of this subsection shall be |
| 3953 | penalized at a rate equal to two times the value of such |
| 3954 | enrollments. Such penalty shall be charged against the following |
| 3955 | year's allocation from the Community College Program Fund and |
| 3956 | shall revert to the General Revenue Fund. |
| 3957 | Section 118. Subsections (1) and (2) of section 1009.25, |
| 3958 | Florida Statutes, are amended to read: |
| 3959 | 1009.25 Fee exemptions.-- |
| 3960 | (1) The following students are exempt from any requirement |
| 3961 | for the payment of tuition and fees, including lab fees, for |
| 3962 | adult basic, adult secondary, or career-preparatory vocational- |
| 3963 | preparatory instruction: |
| 3964 | (a) A student who does not have a high school diploma or |
| 3965 | its equivalent. |
| 3966 | (b) A student who has a high school diploma or its |
| 3967 | equivalent and who has academic skills at or below the eighth |
| 3968 | grade level pursuant to state board rule. A student is eligible |
| 3969 | for this exemption from fees if the student's skills are at or |
| 3970 | below the eighth grade level as measured by a test administered |
| 3971 | in the English language and approved by the Department of |
| 3972 | Education, even if the student has skills above that level when |
| 3973 | tested in the student's native language. |
| 3974 | (2) The following students are exempt from the payment of |
| 3975 | tuition and fees, including lab fees, at a school district that |
| 3976 | provides postsecondary career and technical programs, community |
| 3977 | college, or state university: |
| 3978 | (a) A student enrolled in a dual enrollment or early |
| 3979 | admission program pursuant to s. 1007.27 or s. 1007.271. |
| 3980 | (b) A student enrolled in an approved apprenticeship |
| 3981 | program, as defined in s. 446.021. |
| 3982 | (c) A student to whom the state has awarded a Road-to- |
| 3983 | Independence Scholarship, or who is or was at the time he or she |
| 3984 | reached 18 years of age in the custody of a relative under s. |
| 3985 | 39.5085, or who is adopted from the Department of Children and |
| 3986 | Family Services after May 5, 1997. Such exemption includes fees |
| 3987 | associated with enrollment in career-preparatory vocational- |
| 3988 | preparatory instruction and completion of the college-level |
| 3989 | communication and computation skills testing program. Such an |
| 3990 | exemption is available to any student who was in the custody of |
| 3991 | a relative under s. 39.5085 at the time he or she reached 18 |
| 3992 | years of age or was adopted from the Department of Children and |
| 3993 | Family Services after May 5, 1997; however, the exemption |
| 3994 | remains valid for no more than 4 years after the date of |
| 3995 | graduation from high school. |
| 3996 | (d) A student enrolled in an employment and training |
| 3997 | program under the welfare transition program. The regional |
| 3998 | workforce board shall pay the state university, community |
| 3999 | college, or school district for costs incurred for welfare |
| 4000 | transition program participants. |
| 4001 | (e) A student who lacks a fixed, regular, and adequate |
| 4002 | nighttime residence or whose primary nighttime residence is a |
| 4003 | public or private shelter designed to provide temporary |
| 4004 | residence for individuals intended to be institutionalized, or a |
| 4005 | public or private place not designed for, or ordinarily used as, |
| 4006 | a regular sleeping accommodation for human beings. |
| 4007 | (f) A student who is a proprietor, owner, or worker of a |
| 4008 | company whose business has been at least 50 percent negatively |
| 4009 | financially impacted by the buy-out of property around Lake |
| 4010 | Apopka by the State of Florida. Such a student may receive a fee |
| 4011 | exemption only if the student has not received compensation |
| 4012 | because of the buy-out, the student is designated a Florida |
| 4013 | resident for tuition purposes, pursuant to s. 1009.21, and the |
| 4014 | student has applied for and been denied financial aid, pursuant |
| 4015 | to s. 1009.40, which would have provided, at a minimum, payment |
| 4016 | of all student fees. The student is responsible for providing |
| 4017 | evidence to the postsecondary education institution verifying |
| 4018 | that the conditions of this paragraph have been met, including |
| 4019 | support documentation provided by the Department of Revenue. The |
| 4020 | student must be currently enrolled in, or begin coursework |
| 4021 | within, a program area by fall semester 2000. The exemption is |
| 4022 | valid for a period of 4 years from the date that the |
| 4023 | postsecondary education institution confirms that the conditions |
| 4024 | of this paragraph have been met. |
| 4025 | Section 119. Paragraph (a) of subsection (1) of section |
| 4026 | 1009.40, Florida Statutes, is amended to read: |
| 4027 | 1009.40 General requirements for student eligibility for |
| 4028 | state financial aid.-- |
| 4029 | (1)(a) The general requirements for eligibility of |
| 4030 | students for state financial aid awards consist of the |
| 4031 | following: |
| 4032 | 1. Achievement of the academic requirements of and |
| 4033 | acceptance at a state university or community college; a nursing |
| 4034 | diploma school approved by the Florida Board of Nursing; a |
| 4035 | Florida college, university, or community college which is |
| 4036 | accredited by an accrediting agency recognized by the State |
| 4037 | Board of Education; any Florida institution the credits of which |
| 4038 | are acceptable for transfer to state universities; any career |
| 4039 | technical center; or any private career technical institution |
| 4040 | accredited by an accrediting agency recognized by the State |
| 4041 | Board of Education. |
| 4042 | 2. Residency in this state for no less than 1 year |
| 4043 | preceding the award of aid for a program established pursuant to |
| 4044 | s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. |
| 4045 | 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. |
| 4046 | 1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s. |
| 4047 | 1009.89. Residency in this state must be for purposes other than |
| 4048 | to obtain an education. Resident status for purposes of |
| 4049 | receiving state financial aid awards shall be determined in the |
| 4050 | same manner as resident status for tuition purposes pursuant to |
| 4051 | s. 1009.21 and rules of the State Board of Education. |
| 4052 | 3. Submission of certification attesting to the accuracy, |
| 4053 | completeness, and correctness of information provided to |
| 4054 | demonstrate a student's eligibility to receive state financial |
| 4055 | aid awards. Falsification of such information shall result in |
| 4056 | the denial of any pending application and revocation of any |
| 4057 | award currently held to the extent that no further payments |
| 4058 | shall be made. Additionally, students who knowingly make false |
| 4059 | statements in order to receive state financial aid awards shall |
| 4060 | be guilty of a misdemeanor of the second degree subject to the |
| 4061 | provisions of s. 837.06 and shall be required to return all |
| 4062 | state financial aid awards wrongfully obtained. |
| 4063 | Section 120. Subsection (2) of section 1009.532, Florida |
| 4064 | Statutes, is amended to read: |
| 4065 | 1009.532 Florida Bright Futures Scholarship Program; |
| 4066 | student eligibility requirements for renewal awards.-- |
| 4067 | (2) A student who is enrolled in a program that terminates |
| 4068 | in an associate degree or a baccalaureate degree may receive an |
| 4069 | award for a maximum of 110 percent of the number of credit hours |
| 4070 | required to complete the program. A student who is enrolled in a |
| 4071 | program that terminates in a career technical certificate may |
| 4072 | receive an award for a maximum of 110 percent of the credit |
| 4073 | hours or clock hours required to complete the program up to 90 |
| 4074 | credit hours. A student who transfers from one of these program |
| 4075 | levels to another becomes eligible for the higher of the two |
| 4076 | credit hour limits. |
| 4077 | Section 121. Subsection (1) of section 1009.533, Florida |
| 4078 | Statutes, is amended to read: |
| 4079 | 1009.533 Florida Bright Futures Scholarship Program; |
| 4080 | eligible postsecondary education institutions.--A student is |
| 4081 | eligible for an award or the renewal of an award from the |
| 4082 | Florida Bright Futures Scholarship Program if the student meets |
| 4083 | the requirements for the program as described in this act and is |
| 4084 | enrolled in a postsecondary education institution that meets the |
| 4085 | description in any one of the following subsections: |
| 4086 | (1) A Florida public university, community college, or |
| 4087 | career technical center. |
| 4088 | Section 122. Section 1009.536, Florida Statutes, is |
| 4089 | amended to read: |
| 4090 | 1009.536 Florida Gold Seal Vocational Scholars award.--The |
| 4091 | Florida Gold Seal Vocational Scholars award is created within |
| 4092 | the Florida Bright Futures Scholarship Program to recognize and |
| 4093 | reward academic achievement and career and technical preparation |
| 4094 | by high school students who wish to continue their education. |
| 4095 | (1) A student is eligible for a Florida Gold Seal |
| 4096 | Vocational Scholars award if the student meets the general |
| 4097 | eligibility requirements for the Florida Bright Futures |
| 4098 | Scholarship Program and the student: |
| 4099 | (a) Completes the secondary school portion of a sequential |
| 4100 | program of studies that requires at least three secondary school |
| 4101 | career and technical credits taken over at least 2 academic |
| 4102 | years, and is continued in a planned, related postsecondary |
| 4103 | education program. If the student's school does not offer such a |
| 4104 | two-plus-two or tech-prep program, the student must complete a |
| 4105 | job-preparatory career education program selected by the |
| 4106 | Workforce Estimating Conference or Workforce Florida, Inc., for |
| 4107 | its ability to provide high-wage employment in an occupation |
| 4108 | with high potential for employment opportunities. On-the-job |
| 4109 | training may not be substituted for any of the three required |
| 4110 | career and technical credits. |
| 4111 | (b) Demonstrates readiness for postsecondary education by |
| 4112 | earning a passing score on the Florida College Entry Level |
| 4113 | Placement Test or its equivalent as identified by the Department |
| 4114 | of Education. |
| 4115 | (c) Earns a minimum cumulative weighted grade point |
| 4116 | average of 3.0, as calculated pursuant to s. 1009.531, on all |
| 4117 | subjects required for a standard high school diploma, excluding |
| 4118 | elective courses. |
| 4119 | (d) Earns a minimum unweighted grade point average of 3.5 |
| 4120 | on a 4.0 scale for secondary career and technical courses |
| 4121 | comprising the career and technical program. |
| 4122 | (2) A Florida Gold Seal Vocational Scholar is eligible for |
| 4123 | an award equal to the amount required to pay 75 percent of |
| 4124 | tuition and fees, if the student is enrolled in a public |
| 4125 | postsecondary education institution. A student who is enrolled |
| 4126 | in a nonpublic postsecondary education institution is eligible |
| 4127 | for an award equal to the amount that would be required to pay |
| 4128 | 75 percent of the tuition and mandatory fees of a public |
| 4129 | postsecondary education institution at the comparable level. |
| 4130 | (3) To be eligible for a renewal award as a Florida Gold |
| 4131 | Seal Vocational Scholar, a student must maintain the equivalent |
| 4132 | of a cumulative grade point average of 2.75 on a 4.0 scale with |
| 4133 | an opportunity for reinstatement one time as provided in this |
| 4134 | chapter. |
| 4135 | (4) A student may earn a Florida Gold Seal Vocational |
| 4136 | Scholarship for 110 percent of the number of credit hours |
| 4137 | required to complete the program, up to 90 credit hours or the |
| 4138 | equivalent. A Florida Gold Seal Scholar who has a cumulative |
| 4139 | grade point average of 2.75 in all postsecondary education work |
| 4140 | attempted may apply for a Florida Medallion Scholars award at |
| 4141 | any renewal period. All other provisions of that program apply, |
| 4142 | and the credit-hour limitation must be calculated by subtracting |
| 4143 | from the student's total eligibility the number of credit hours |
| 4144 | the student attempted while earning the Gold Seal Vocational |
| 4145 | Scholarship. |
| 4146 | Section 123. Paragraph (d) of subsection (2) and paragraph |
| 4147 | (c) of subsection (3) of section 1009.55, Florida Statutes, are |
| 4148 | amended to read: |
| 4149 | 1009.55 Rosewood Family Scholarship Program.-- |
| 4150 | (2) The Rosewood Family Scholarship Program shall be |
| 4151 | administered by the Department of Education. The State Board of |
| 4152 | Education shall adopt rules for administering this program which |
| 4153 | shall at a minimum provide for the following: |
| 4154 | (d) Payment of an award shall be transmitted in advance of |
| 4155 | the registration period each semester on behalf of the student |
| 4156 | to the president of the university or community college, or his |
| 4157 | or her representative, or to the director of the career center |
| 4158 | technical school which the recipient is attending. |
| 4159 | (3) Beginning with the 1994-1995 academic year, the |
| 4160 | department is authorized to make awards for undergraduate study |
| 4161 | to students who: |
| 4162 | (c) Enroll as certificate-seeking or degree-seeking |
| 4163 | students at a state university, community college, or career |
| 4164 | center technical school authorized by law. |
| 4165 | Section 124. Paragraph (c) of subsection (1) of section |
| 4166 | 1009.61, Florida Statutes, is amended to read: |
| 4167 | 1009.61 Teacher/Quest Scholarship Program.--The |
| 4168 | Teacher/Quest Scholarship Program is created for the purpose of |
| 4169 | providing teachers with the opportunity to enhance their |
| 4170 | knowledge of science, mathematics, and computer applications in |
| 4171 | business, industry, and government. A school district or |
| 4172 | developmental research school may propose that one or more |
| 4173 | teachers be granted a Teacher/Quest Scholarship by submitting to |
| 4174 | the Department of Education: |
| 4175 | (1) A project proposal specifying activities a teacher |
| 4176 | will carry out to improve his or her: |
| 4177 | (c) Knowledge of career and technical requirements for |
| 4178 | competency in mathematics, science, and computing; and |
| 4179 | Section 125. Subsection (4) and paragraph (a) of |
| 4180 | subsection (6) of section 1009.64, Florida Statutes, are amended |
| 4181 | to read: |
| 4182 | 1009.64 Certified Education Paraprofessional Welfare |
| 4183 | Transition Program.-- |
| 4184 | (4) The agencies shall complete an implementation plan |
| 4185 | that addresses at least the following recommended components of |
| 4186 | the program: |
| 4187 | (a) A method of selecting participants. The method must |
| 4188 | not duplicate services provided by those assigned to screen |
| 4189 | participants of the welfare transition program, but must assure |
| 4190 | that screening personnel are trained to identify recipients of |
| 4191 | public assistance whose personal aptitudes and motivation make |
| 4192 | them most likely to succeed in the program and advance in a |
| 4193 | career related to the school community. |
| 4194 | (b) A budget for use of incentive funding to provide |
| 4195 | motivation to participants to succeed and excel. The budget for |
| 4196 | incentive funding includes: |
| 4197 | 1. Funds allocated by the Legislature directly for the |
| 4198 | program. |
| 4199 | 2. Funds that may be made available from the federal |
| 4200 | Workforce Investment Act based on client eligibility or |
| 4201 | requested waivers to make the clients eligible. |
| 4202 | 3. Funds made available by implementation strategies that |
| 4203 | would make maximum use of work supplementation funds authorized |
| 4204 | by federal law. |
| 4205 | 4. Funds authorized by strategies to lengthen |
| 4206 | participants' eligibility for federal programs such as Medicaid, |
| 4207 | subsidized child care, and transportation. |
| 4208 |
|
| 4209 | Incentives may include a stipend during periods of college |
| 4210 | classroom training, a bonus and recognition for a high grade- |
| 4211 | point average, child care and prekindergarten services for |
| 4212 | children of participants, and services to increase a |
| 4213 | participant's ability to advance to higher levels of employment. |
| 4214 | Nonfinancial incentives should include providing a mentor or |
| 4215 | tutor, and service incentives should continue and increase for |
| 4216 | any participant who plans to complete the baccalaureate degree |
| 4217 | and become a certified teacher. Services may be provided in |
| 4218 | accordance with family choice by community colleges and school |
| 4219 | district career technical centers, through family service |
| 4220 | centers and full-service schools, or under contract with |
| 4221 | providers through central agencies. |
| 4222 | (6)(a) A community college or school district career |
| 4223 | technical center is eligible to participate if it provides a |
| 4224 | career technical certificate program in Child Development Early |
| 4225 | Intervention as approved by Workforce Florida, Inc. Priority |
| 4226 | programs provide an option and incentives to articulate with an |
| 4227 | associate in science degree program or a baccalaureate degree |
| 4228 | program. |
| 4229 | Section 126. Subsection (3) of section 1009.98, Florida |
| 4230 | Statutes, is amended to read: |
| 4231 | 1009.98 Florida Prepaid College Program.-- |
| 4232 | (3) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE |
| 4233 | COLLEGES AND UNIVERSITIES AND TO CAREER AREA TECHNICAL |
| 4234 | CENTERS.--A qualified beneficiary may apply the benefits of an |
| 4235 | -A qualified beneficiary may apply the benefits of an advance |
| 4236 | payment contract toward: |
| 4237 | (a) An independent college or university that is located |
| 4238 | and chartered in Florida, that is not for profit, that is |
| 4239 | accredited by the Commission on Colleges of the Southern |
| 4240 | Association of Colleges and Schools or the Accrediting Council |
| 4241 | for Independent Colleges and Schools, and that confers degrees |
| 4242 | as defined in s. 1005.02. |
| 4243 | (b) An out-of-state college or university that is not for |
| 4244 | profit and is accredited by a regional accrediting association, |
| 4245 | and that confers degrees. |
| 4246 | (c) An applied technology diploma program or career |
| 4247 | technical certificate program conducted by a community college |
| 4248 | listed in s. 1004.02(2) or career technical center operated by a |
| 4249 | district school board. |
| 4250 |
|
| 4251 | The board shall transfer or cause to be transferred to the |
| 4252 | institution designated by the qualified beneficiary an amount |
| 4253 | not to exceed the redemption value of the advance payment |
| 4254 | contract at a state postsecondary institution. If the cost of |
| 4255 | registration or housing fees at such institution is less than |
| 4256 | the corresponding fees at a state postsecondary institution, the |
| 4257 | amount transferred may not exceed the actual cost of |
| 4258 | registration and housing fees. A transfer authorized under this |
| 4259 | subsection may not exceed the number of semester credit hours or |
| 4260 | semesters of dormitory residence contracted on behalf of a |
| 4261 | qualified beneficiary. Notwithstanding any other provision in |
| 4262 | this section, an institution must be an "eligible educational |
| 4263 | institution" under s. 529 of the Internal Revenue Code to be |
| 4264 | eligible for the transfer of advance payment contract benefits. |
| 4265 | Section 127. Paragraph (a) of subsection (3) of section |
| 4266 | 1010.20, Florida Statutes, is amended to read: |
| 4267 | 1010.20 Cost accounting and reporting for school |
| 4268 | districts.-- |
| 4269 | (3) PROGRAM EXPENDITURE REQUIREMENTS.-- |
| 4270 | (a) Each district shall expend at least the percent of the |
| 4271 | funds generated by each of the programs listed in this section |
| 4272 | on the aggregate total school costs for such programs: |
| 4273 | 1. Kindergarten and grades 1, 2, and 3, 90 percent. |
| 4274 | 2. Grades 4, 5, 6, 7, and 8, 80 percent. |
| 4275 | 3. Grades 9, 10, 11, and 12, 80 percent. |
| 4276 | 4. Programs for exceptional students, on an aggregate |
| 4277 | program basis, 90 percent. |
| 4278 | 5. Grades 7 through 12 career and technical education |
| 4279 | programs, on an aggregate program basis, 80 percent. |
| 4280 | 6. Students-at-risk programs, on an aggregate program |
| 4281 | basis, 80 percent. |
| 4282 | 7. Juvenile justice programs, on an aggregate program |
| 4283 | basis, 80 percent. |
| 4284 | 8. Any new program established and funded under s. |
| 4285 | 1011.62(1)(c), that is not included under subparagraphs 1.-6., |
| 4286 | on an aggregate basis as appropriate, 80 percent. |
| 4287 | Section 128. Subsection (1) of section 1010.58, Florida |
| 4288 | Statutes, is amended to read: |
| 4289 | 1010.58 Procedure for determining number of instruction |
| 4290 | units for community colleges.--The number of instruction units |
| 4291 | for community colleges shall be determined from the full-time |
| 4292 | equivalent students in the community college, provided that |
| 4293 | full-time equivalent students may not be counted more than once |
| 4294 | in determining instruction units. Instruction units for |
| 4295 | community colleges shall be computed as follows: |
| 4296 | (1) One unit for each 12 full-time equivalent students at |
| 4297 | a community college for the first 420 students and one unit for |
| 4298 | each 15 full-time equivalent students for all over 420 students, |
| 4299 | in other than career and technical education programs as defined |
| 4300 | by rules of the State Board of Education, and one unit for each |
| 4301 | 10 full-time equivalent students in career and technical |
| 4302 | education programs and compensatory education programs as |
| 4303 | defined by rules of the State Board of Education. Full-time |
| 4304 | equivalent students enrolled in a community college shall be |
| 4305 | defined by rules of the State Board of Education. |
| 4306 | Section 129. Paragraphs (c), (d), and (e) of subsection |
| 4307 | (1) of section 1011.62, Florida Statutes, are amended to read: |
| 4308 | 1011.62 Funds for operation of schools.--If the annual |
| 4309 | allocation from the Florida Education Finance Program to each |
| 4310 | district for operation of schools is not determined in the |
| 4311 | annual appropriations act or the substantive bill implementing |
| 4312 | the annual appropriations act, it shall be determined as |
| 4313 | follows: |
| 4314 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
| 4315 | OPERATION.--The following procedure shall be followed in |
| 4316 | determining the annual allocation to each district for |
| 4317 | operation: |
| 4318 | (c) Determination of programs.--Cost factors based on |
| 4319 | desired relative cost differences between the following programs |
| 4320 | shall be established in the annual General Appropriations Act. |
| 4321 | The Commissioner of Education shall specify a matrix of services |
| 4322 | and intensity levels to be used by districts in the |
| 4323 | determination of the two weighted cost factors for exceptional |
| 4324 | students with the highest levels of need. For these students, |
| 4325 | the funding support level shall fund the exceptional students' |
| 4326 | education program, with the exception of extended school year |
| 4327 | services for students with disabilities. |
| 4328 | 1. Basic programs.-- |
| 4329 | a. Kindergarten and grades 1, 2, and 3. |
| 4330 | b. Grades 4, 5, 6, 7, and 8. |
| 4331 | c. Grades 9, 10, 11, and 12. |
| 4332 | 2. Programs for exceptional students.-- |
| 4333 | a. Support Level IV. |
| 4334 | b. Support Level V. |
| 4335 | 3. Secondary career and technical education programs.-- |
| 4336 | 4. English for Speakers of Other Languages.-- |
| 4337 | (d) Annual allocation calculation.-- |
| 4338 | 1. The Department of Education is authorized and directed |
| 4339 | to review all district programs and enrollment projections and |
| 4340 | calculate a maximum total weighted full-time equivalent student |
| 4341 | enrollment for each district for the K-12 FEFP. |
| 4342 | 2. Maximum enrollments calculated by the department shall |
| 4343 | be derived from enrollment estimates used by the Legislature to |
| 4344 | calculate the FEFP. If two or more districts enter into an |
| 4345 | agreement under the provisions of s. 1001.42(4)(d), after the |
| 4346 | final enrollment estimate is agreed upon, the amount of FTE |
| 4347 | specified in the agreement, not to exceed the estimate for the |
| 4348 | specific program as identified in paragraph (c), may be |
| 4349 | transferred from the participating districts to the district |
| 4350 | providing the program. |
| 4351 | 3. As part of its calculation of each district's maximum |
| 4352 | total weighted full-time equivalent student enrollment, the |
| 4353 | department shall establish separate enrollment ceilings for each |
| 4354 | of two program groups. Group 1 shall be composed of basic |
| 4355 | programs for grades K-3, grades 4-8, and grades 9-12. Group 2 |
| 4356 | shall be composed of students in exceptional student education |
| 4357 | programs, English for Speakers of Other Languages programs, and |
| 4358 | all career and technical programs in grades 7-12. |
| 4359 | a. The weighted enrollment ceiling for group 2 programs |
| 4360 | shall be calculated by multiplying the final enrollment |
| 4361 | conference estimate for each program by the appropriate program |
| 4362 | weight. The weighted enrollment ceiling for program group 2 |
| 4363 | shall be the sum of the weighted enrollment ceilings for each |
| 4364 | program in the program group, plus the increase in weighted |
| 4365 | full-time equivalent student membership from the prior year for |
| 4366 | clients of the Department of Children and Family Services and |
| 4367 | the Department of Juvenile Justice. |
| 4368 | b. If, for any calculation of the FEFP, the weighted |
| 4369 | enrollment for program group 2, derived by multiplying actual |
| 4370 | enrollments by appropriate program weights, exceeds the |
| 4371 | enrollment ceiling for that group, the following procedure shall |
| 4372 | be followed to reduce the weighted enrollment for that group to |
| 4373 | equal the enrollment ceiling: |
| 4374 | (I) The weighted enrollment ceiling for each program in |
| 4375 | the program group shall be subtracted from the weighted |
| 4376 | enrollment for that program derived from actual enrollments. |
| 4377 | (II) If the difference calculated under sub-sub- |
| 4378 | subparagraph (I) is greater than zero for any program, a |
| 4379 | reduction proportion shall be computed for the program by |
| 4380 | dividing the absolute value of the difference by the total |
| 4381 | amount by which the weighted enrollment for the program group |
| 4382 | exceeds the weighted enrollment ceiling for the program group. |
| 4383 | (III) The reduction proportion calculated under sub-sub- |
| 4384 | subparagraph (II) shall be multiplied by the total amount of the |
| 4385 | program group's enrollment over the ceiling as calculated under |
| 4386 | sub-sub-subparagraph (I). |
| 4387 | (IV) The prorated reduction amount calculated under sub- |
| 4388 | sub-subparagraph(III) shall be subtracted from the program's |
| 4389 | weighted enrollment. For any calculation of the FEFP, the |
| 4390 | enrollment ceiling for group 1 shall be calculated by |
| 4391 | multiplying the actual enrollment for each program in the |
| 4392 | program group by its appropriate program weight. |
| 4393 | c. For program group 2, the weighted enrollment ceiling |
| 4394 | shall be a number not less than the sum obtained by: |
| 4395 | (I) Multiplying the sum of reported FTE for all programs |
| 4396 | in the program group that have a cost factor of 1.0 or more by |
| 4397 | 1.0, and |
| 4398 | (II) By adding this number to the sum obtained by |
| 4399 | multiplying the projected FTE for all programs with a cost |
| 4400 | factor less than 1.0 by the actual cost factor. |
| 4401 | 4. Following completion of the weighted enrollment ceiling |
| 4402 | calculation as provided in subparagraph 3., a supplemental |
| 4403 | capping calculation shall be employed for those districts that |
| 4404 | are over their weighted enrollment ceiling. For each such |
| 4405 | district, the total reported unweighted FTE enrollment for group |
| 4406 | 2 programs shall be compared with the total appropriated |
| 4407 | unweighted FTE enrollment for group 2 programs. If the total |
| 4408 | reported unweighted FTE for group 2 is greater than the |
| 4409 | appropriated unweighted FTE, then the excess unweighted FTE up |
| 4410 | to the unweighted FTE transferred from group 2 to group 1 for |
| 4411 | each district by the Public School FTE Estimating Conference |
| 4412 | shall be funded at a weight of 1.0 and added to the funded |
| 4413 | weighted FTE computed in subparagraph 3. |
| 4414 | (e) Funding model for exceptional student education |
| 4415 | programs.-- |
| 4416 | 1.a. The funding model uses basic, at-risk, support levels |
| 4417 | IV and V for exceptional students and career and technical |
| 4418 | Florida Education Finance Program cost factors, and a guaranteed |
| 4419 | allocation for exceptional student education programs. |
| 4420 | Exceptional education cost factors are determined by using a |
| 4421 | matrix of services to document the services that each |
| 4422 | exceptional student will receive. The nature and intensity of |
| 4423 | the services indicated on the matrix shall be consistent with |
| 4424 | the services described in each exceptional student's individual |
| 4425 | educational plan. |
| 4426 | b. In order to generate funds using one of the two |
| 4427 | weighted cost factors, a matrix of services must be completed at |
| 4428 | the time of the student's initial placement into an exceptional |
| 4429 | student education program and at least once every 3 years by |
| 4430 | personnel who have received approved training. Nothing listed in |
| 4431 | the matrix shall be construed as limiting the services a school |
| 4432 | district must provide in order to ensure that exceptional |
| 4433 | students are provided a free, appropriate public education. |
| 4434 | c. Students identified as exceptional, in accordance with |
| 4435 | chapter 6A-6, Florida Administrative Code, who do not have a |
| 4436 | matrix of services as specified in sub-subparagraph b. shall |
| 4437 | generate funds on the basis of full-time-equivalent student |
| 4438 | membership in the Florida Education Finance Program at the same |
| 4439 | funding level per student as provided for basic students. |
| 4440 | Additional funds for these exceptional students will be provided |
| 4441 | through the guaranteed allocation designated in subparagraph 2. |
| 4442 | 2. For students identified as exceptional who do not have |
| 4443 | a matrix of services, there is created a guaranteed allocation |
| 4444 | to provide these students with a free appropriate public |
| 4445 | education, in accordance with s. 1001.42(4)(m) and rules of the |
| 4446 | State Board of Education, which shall be allocated annually to |
| 4447 | each school district in the amount provided in the General |
| 4448 | Appropriations Act. These funds shall be in addition to the |
| 4449 | funds appropriated on the basis of FTE student membership in the |
| 4450 | Florida Education Finance Program, and the amount allocated for |
| 4451 | each school district shall not be recalculated during the year. |
| 4452 | These funds shall be used to provide special education and |
| 4453 | related services for exceptional students. |
| 4454 | Section 130. Paragraph (d) of subsection (1) of section |
| 4455 | 1011.68, Florida Statutes, is amended to read: |
| 4456 | 1011.68 Funds for student transportation.--The annual |
| 4457 | allocation to each district for transportation to public school |
| 4458 | programs, including charter schools as provided in s. |
| 4459 | 1002.33(17)(b), of students in membership in kindergarten |
| 4460 | through grade 12 and in migrant and exceptional student programs |
| 4461 | below kindergarten shall be determined as follows: |
| 4462 | (1) Subject to the rules of the State Board of Education, |
| 4463 | each district shall determine the membership of students who are |
| 4464 | transported: |
| 4465 | (d) By reason of being career and technical, dual |
| 4466 | enrollment, or students with disabilities transported from one |
| 4467 | school center to another to participate in an instructional |
| 4468 | program or service; or students with disabilities, transported |
| 4469 | from one designation to another in the state, provided one |
| 4470 | designation is a school center and provided the student's |
| 4471 | individual educational plan (IEP) identifies the need for the |
| 4472 | instructional program or service and transportation to be |
| 4473 | provided by the school district. A "school center" is defined as |
| 4474 | a public school center, community college, state university, or |
| 4475 | other facility rented, leased, or owned and operated by the |
| 4476 | school district or another public agency. A "dual enrollment |
| 4477 | student" is defined as a public school student in membership in |
| 4478 | both a public secondary school program and a community college |
| 4479 | or a state university program under a written agreement to |
| 4480 | partially fulfill ss. 1003.435 and 1007.23 and earning full-time |
| 4481 | equivalent membership under s. 1011.62(1)(i). |
| 4482 | Section 131. Paragraph (a) of subsection (2), subsection |
| 4483 | (3), and paragraph (b) of subsection (6) of section 1012.01, |
| 4484 | Florida Statutes, are amended to read: |
| 4485 | 1012.01 Definitions.--Specific definitions shall be as |
| 4486 | follows, and wherever such defined words or terms are used in |
| 4487 | the Florida K-20 Education Code, they shall be used as follows: |
| 4488 | (2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel" |
| 4489 | means any staff member whose function includes the provision of |
| 4490 | direct instructional services to students. Instructional |
| 4491 | personnel also includes personnel whose functions provide direct |
| 4492 | support in the learning process of students. Included in the |
| 4493 | classification of instructional personnel are: |
| 4494 | (a) Classroom teachers.--Classroom teachers are staff |
| 4495 | members assigned the professional activity of instructing |
| 4496 | students in courses in classroom situations, including basic |
| 4497 | instruction, exceptional student education, career and technical |
| 4498 | education, and adult education, including substitute teachers. |
| 4499 | (3) ADMINISTRATIVE PERSONNEL.--"Administrative personnel" |
| 4500 | includes personnel who perform management activities such as |
| 4501 | developing broad policies for the school district and executing |
| 4502 | those policies through the direction of personnel at all levels |
| 4503 | within the district. Administrative personnel are generally |
| 4504 | high-level, responsible personnel who have been assigned the |
| 4505 | responsibilities of systemwide or schoolwide functions, such as |
| 4506 | district school superintendents, assistant superintendents, |
| 4507 | deputy superintendents, school principals, assistant principals, |
| 4508 | career technical center directors, and others who perform |
| 4509 | management activities. Broad classifications of administrative |
| 4510 | personnel are as follows: |
| 4511 | (a) District-based instructional administrators.--Included |
| 4512 | in this classification are persons with district-level |
| 4513 | administrative or policymaking duties who have broad authority |
| 4514 | for management policies and general school district operations |
| 4515 | related to the instructional program. Such personnel often |
| 4516 | report directly to the district school superintendent and |
| 4517 | supervise other administrative employees. This classification |
| 4518 | includes assistant, associate, or deputy superintendents and |
| 4519 | directors of major instructional areas, such as curriculum, |
| 4520 | federal programs such as Title I, specialized instructional |
| 4521 | program areas such as exceptional student education, career and |
| 4522 | technical education, and similar areas. |
| 4523 | (b) District-based noninstructional |
| 4524 | administrators.--Included in this classification are persons |
| 4525 | Included in this classification are persons with district-level |
| 4526 | administrative or policymaking duties who have broad authority |
| 4527 | for management policies and general school district operations |
| 4528 | related to the noninstructional program. Such personnel often |
| 4529 | report directly to the district school superintendent and |
| 4530 | supervise other administrative employees. This classification |
| 4531 | includes assistant, associate, or deputy superintendents and |
| 4532 | directors of major noninstructional areas, such as personnel, |
| 4533 | construction, facilities, transportation, data processing, and |
| 4534 | finance. |
| 4535 | (c) School administrators.--Included in this |
| 4536 | classification are: |
| 4537 | 1. School principals or school directors who are staff |
| 4538 | members performing the assigned activities as the administrative |
| 4539 | head of a school and to whom have been delegated responsibility |
| 4540 | for the coordination and administrative direction of the |
| 4541 | instructional and noninstructional activities of the school. |
| 4542 | This classification also includes career technical center |
| 4543 | directors. |
| 4544 | 2. Assistant principals who are staff members assisting |
| 4545 | the administrative head of the school. This classification also |
| 4546 | includes assistant principals for curriculum and administration. |
| 4547 | (6) EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support |
| 4548 | employees" means employees whose job functions are neither |
| 4549 | administrative nor instructional, yet whose work supports the |
| 4550 | educational process. |
| 4551 | (b) Technicians are individuals whose occupations require |
| 4552 | a combination of knowledge and manual skill which can be |
| 4553 | obtained through about 2 years of post-high school education, |
| 4554 | such as is offered in many career centers technical institutes |
| 4555 | and community colleges, or through equivalent on-the-job |
| 4556 | training. |
| 4557 | Section 132. Paragraph (c) of subsection (1) of section |
| 4558 | 1012.39, Florida Statutes, is amended to read: |
| 4559 | 1012.39 Employment of substitute teachers, teachers of |
| 4560 | adult education, nondegreed teachers of career education, and |
| 4561 | career specialists; students performing clinical field |
| 4562 | experience.-- |
| 4563 | (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and |
| 4564 | 1012.57, or any other provision of law or rule to the contrary, |
| 4565 | each district school board shall establish the minimal |
| 4566 | qualifications for: |
| 4567 | (c) Part-time and full-time nondegreed teachers of career |
| 4568 | and technical programs. Qualifications shall be established for |
| 4569 | agriculture, business, health occupations, family and consumer |
| 4570 | sciences, industrial, marketing, career specialist, and public |
| 4571 | service education teachers, based primarily on successful |
| 4572 | occupational experience rather than academic training. The |
| 4573 | qualifications for such teachers shall require: |
| 4574 | 1. The filing of a complete set of fingerprints in the |
| 4575 | same manner as required by s. 1012.32. Faculty employed solely |
| 4576 | to conduct postsecondary instruction may be exempted from this |
| 4577 | requirement. |
| 4578 | 2. Documentation of education and successful occupational |
| 4579 | experience including documentation of: |
| 4580 | a. A high school diploma or the equivalent. |
| 4581 | b. Completion of 6 years of full-time successful |
| 4582 | occupational experience or the equivalent of part-time |
| 4583 | experience in the teaching specialization area. Alternate means |
| 4584 | of determining successful occupational experience may be |
| 4585 | established by the district school board. |
| 4586 | c. Completion of career education training conducted |
| 4587 | through the local school district inservice master plan. |
| 4588 | d. For full-time teachers, completion of professional |
| 4589 | education training in teaching methods, course construction, |
| 4590 | lesson planning and evaluation, and teaching special needs |
| 4591 | students. This training may be completed through coursework from |
| 4592 | an accredited or approved institution or an approved district |
| 4593 | teacher education program. |
| 4594 | e. Demonstration of successful teaching performance. |
| 4595 | Section 133. Section 1012.41, Florida Statutes, is amended |
| 4596 | to read: |
| 4597 | 1012.41 Employment of directors of career and technical |
| 4598 | education.--In order to receive state funding, each district |
| 4599 | school board that employs at least 15 full-time equivalent |
| 4600 | career and technical teachers must employ a director of career |
| 4601 | and technical education who meets the certification requirements |
| 4602 | established by the State Board of Education. The directors shall |
| 4603 | be directly accountable to the district school superintendent, |
| 4604 | or his or her designee, for the planning and implementation of |
| 4605 | career and technical programs. Two or more district school |
| 4606 | boards may employ a single director. |
| 4607 | Section 134. Section 1012.43, Florida Statutes, is amended |
| 4608 | to read: |
| 4609 | 1012.43 Career and technical teachers.-- |
| 4610 | (1) Career and technical teachers and other teachers who |
| 4611 | qualify for certificates on the basis of nonacademic preparation |
| 4612 | shall be entitled to all the contractual rights and privileges |
| 4613 | now granted to other instructional personnel holding equivalent |
| 4614 | certificates. |
| 4615 | (2) A holder of a certificate based on nonacademic |
| 4616 | preparation which entitled him or her to employment to teach |
| 4617 | classes in career and technical or adult education shall not be |
| 4618 | assigned to teach in a regular academic field of the |
| 4619 | kindergarten through grade 12 school program. |
| 4620 | Section 135. Paragraph (a) of subsection (10) of section |
| 4621 | 1013.03, Florida Statutes, is amended to read: |
| 4622 | 1013.03 Functions of the department.--The functions of the |
| 4623 | Department of Education as it pertains to educational facilities |
| 4624 | shall include, but not be limited to, the following: |
| 4625 | (10)(a) Review and validate surveys proposed or amended by |
| 4626 | the boards and recommend to the Commissioner of Education, for |
| 4627 | approval, surveys that meet the requirements of this chapter. |
| 4628 | 1. The term "validate" as applied to surveys by school |
| 4629 | districts means to review inventory data as submitted to the |
| 4630 | department by district school boards; provide for review and |
| 4631 | inspection, where required, of student stations and aggregate |
| 4632 | square feet of inventory changed from satisfactory to |
| 4633 | unsatisfactory or changed from unsatisfactory to satisfactory; |
| 4634 | compare new school inventory to allocation limits provided by |
| 4635 | this chapter; review cost projections for conformity with cost |
| 4636 | limits set by s. 1013.64(6); compare total capital outlay full- |
| 4637 | time equivalent enrollment projections in the survey with the |
| 4638 | department's projections; review facilities lists to verify that |
| 4639 | student station and auxiliary facility space allocations do not |
| 4640 | exceed the limits provided by this chapter and related rules; |
| 4641 | review and confirm the application of uniform facility |
| 4642 | utilization factors, where provided by this chapter or related |
| 4643 | rules; utilize the documentation of programs offered per site, |
| 4644 | as submitted by the board, to analyze facility needs; confirm |
| 4645 | that need projections for career and technical and adult |
| 4646 | educational programs comply with needs documented by the Office |
| 4647 | of Workforce and Economic Development; and confirm the |
| 4648 | assignment of full-time student stations to all space except |
| 4649 | auxiliary facilities, which, for purposes of exemption from |
| 4650 | student station assignment, include the following: |
| 4651 | a. Cafeterias. |
| 4652 | b. Multipurpose dining areas. |
| 4653 | c. Media centers. |
| 4654 | d. Auditoriums. |
| 4655 | e. Administration. |
| 4656 | f. Elementary, middle, and high school resource rooms, up |
| 4657 | to the number of such rooms recommended for the applicable |
| 4658 | occupant and space design capacity of the educational plant in |
| 4659 | the State Requirements for Educational Facilities, beyond which |
| 4660 | student stations must be assigned. |
| 4661 | g. Elementary school skills labs, up to the number of such |
| 4662 | rooms recommended for the applicable occupant and space design |
| 4663 | capacity of the educational plant in the State Requirements for |
| 4664 | Educational Facilities, beyond which student stations must be |
| 4665 | assigned. |
| 4666 | h. Elementary school art and music rooms. |
| 4667 | 2. The term "validate" as applied to surveys by community |
| 4668 | colleges and universities means to review and document the |
| 4669 | approval of each new site and official designation, where |
| 4670 | applicable; review the inventory database as submitted by each |
| 4671 | board to the department, including noncareer and technical, and |
| 4672 | total capital outlay full-time equivalent enrollment projections |
| 4673 | per site and per college; provide for the review and inspection, |
| 4674 | where required, of student stations and aggregate square feet of |
| 4675 | space changed from satisfactory to unsatisfactory; utilize and |
| 4676 | review the documentation of programs offered per site submitted |
| 4677 | by the boards as accurate for analysis of space requirements and |
| 4678 | needs; confirm that needs projected for career and technical and |
| 4679 | adult educational programs comply with needs documented by the |
| 4680 | Office of Workforce and Economic Development; compare new |
| 4681 | facility inventory to allocations limits as provided in this |
| 4682 | chapter; review cost projections for conformity with state |
| 4683 | averages or limits designated by this chapter; compare student |
| 4684 | enrollment projections in the survey to the department's |
| 4685 | projections; review facilities lists to verify that area |
| 4686 | allocations and space factors for generating space needs do not |
| 4687 | exceed the limits as provided by this chapter and related rules; |
| 4688 | confirm the application of facility utilization factors as |
| 4689 | provided by this chapter and related rules; and review, as |
| 4690 | submitted, documentation of how survey recommendations will |
| 4691 | implement the detail of current campus master plans and |
| 4692 | integrate with local comprehensive plans and development |
| 4693 | regulations. |
| 4694 | Section 136. Paragraph (b) of subsection (1) of section |
| 4695 | 1013.31, Florida Statutes, is amended to read: |
| 4696 | 1013.31 Educational plant survey; localized need |
| 4697 | assessment; PECO project funding.-- |
| 4698 | (1) At least every 5 years, each board shall arrange for |
| 4699 | an educational plant survey, to aid in formulating plans for |
| 4700 | housing the educational program and student population, faculty, |
| 4701 | administrators, staff, and auxiliary and ancillary services of |
| 4702 | the district or campus, including consideration of the local |
| 4703 | comprehensive plan. The Office of Workforce and Economic |
| 4704 | Development shall document the need for additional career and |
| 4705 | adult education programs and the continuation of existing |
| 4706 | programs before facility construction or renovation related to |
| 4707 | career or adult education may be included in the educational |
| 4708 | plant survey of a school district or community college that |
| 4709 | delivers career or adult education programs. Information used by |
| 4710 | the Office of Workforce and Economic Development to establish |
| 4711 | facility needs must include, but need not be limited to, labor |
| 4712 | market data, needs analysis, and information submitted by the |
| 4713 | school district or community college. |
| 4714 | (b) Required need assessment criteria for district, |
| 4715 | community college, college and state university plant |
| 4716 | surveys.--Educational plant surveys must use uniform data |
| 4717 | Educational plant surveys must use uniform data sources and |
| 4718 | criteria specified in this paragraph. Each revised educational |
| 4719 | plant survey and each new educational plant survey supersedes |
| 4720 | previous surveys. |
| 4721 | 1. The school district's survey must be submitted as a |
| 4722 | part of the district educational facilities plan defined in s. |
| 4723 | 1013.35. To ensure that the data reported to the Department of |
| 4724 | Education as required by this section is correct, the department |
| 4725 | shall annually conduct an onsite review of 5 percent of the |
| 4726 | facilities reported for each school district completing a new |
| 4727 | survey that year. If the department's review finds the data |
| 4728 | reported by a district is less than 95 percent accurate, within |
| 4729 | 1 year from the time of notification by the department the |
| 4730 | district must submit revised reports correcting its data. If a |
| 4731 | district fails to correct its reports, the commissioner may |
| 4732 | direct that future fixed capital outlay funds be withheld until |
| 4733 | such time as the district has corrected its reports so that they |
| 4734 | are not less than 95 percent accurate. |
| 4735 | 2. Each survey of a special facility, joint-use facility, |
| 4736 | or cooperative career and technical education facility must be |
| 4737 | based on capital outlay full-time equivalent student enrollment |
| 4738 | data prepared by the department for school districts, community |
| 4739 | colleges, colleges, and universities. A survey of space needs of |
| 4740 | a joint-use facility shall be based upon the respective space |
| 4741 | needs of the school districts, community colleges, colleges, and |
| 4742 | universities, as appropriate. Projections of a school district's |
| 4743 | facility space needs may not exceed the norm space and occupant |
| 4744 | design criteria established by the State Requirements for |
| 4745 | Educational Facilities. |
| 4746 | 3. Each community college's survey must reflect the |
| 4747 | capacity of existing facilities as specified in the inventory |
| 4748 | maintained by the Department of Education. Projections of |
| 4749 | facility space needs must comply with standards for determining |
| 4750 | space needs as specified by rule of the State Board of |
| 4751 | Education. The 5-year projection of capital outlay student |
| 4752 | enrollment must be consistent with the annual report of capital |
| 4753 | outlay full-time student enrollment prepared by the Department |
| 4754 | of Education. |
| 4755 | 4. Each college and state university's survey must reflect |
| 4756 | the capacity of existing facilities as specified in the |
| 4757 | inventory maintained and validated by the Division of Colleges |
| 4758 | and Universities. Projections of facility space needs must be |
| 4759 | consistent with standards for determining space needs approved |
| 4760 | by the Division of Colleges and Universities. The projected |
| 4761 | capital outlay full-time equivalent student enrollment must be |
| 4762 | consistent with the 5-year planned enrollment cycle for the |
| 4763 | State University System approved by the Division of Colleges and |
| 4764 | Universities. |
| 4765 | 5. The district educational facilities plan of a school |
| 4766 | district and the educational plant survey of a community |
| 4767 | college, or college or state university may include space needs |
| 4768 | that deviate from approved standards for determining space needs |
| 4769 | if the deviation is justified by the district or institution and |
| 4770 | approved by the department, as necessary for the delivery of an |
| 4771 | approved educational program. |
| 4772 | Section 137. Paragraph (a) of subsection (3) of section |
| 4773 | 1013.64, Florida Statutes, is amended to read: |
| 4774 | 1013.64 Funds for comprehensive educational plant needs; |
| 4775 | construction cost maximums for school district capital |
| 4776 | projects.--Allocations from the Public Education Capital Outlay |
| 4777 | and Debt Service Trust Fund to the various boards for capital |
| 4778 | outlay projects shall be determined as follows: |
| 4779 | (3)(a) Each district school board shall receive an amount |
| 4780 | from the Public Education Capital Outlay and Debt Service Trust |
| 4781 | Fund to be calculated by computing the capital outlay full-time |
| 4782 | equivalent membership as determined by the department. Such |
| 4783 | membership must include, but is not limited to: |
| 4784 | 1. K-12 students, except hospital and homebound part-time |
| 4785 | students; and |
| 4786 | 2. Students who are career and technical education |
| 4787 | students, and adult disabled students and who are enrolled in |
| 4788 | school district career technical centers. The capital outlay |
| 4789 | full-time equivalent membership shall be determined for |
| 4790 | kindergarten through the 12th grade and for career technical |
| 4791 | centers by averaging the unweighted full-time equivalent student |
| 4792 | membership for the second and third surveys and comparing the |
| 4793 | results on a school-by-school basis with the Florida Inventory |
| 4794 | for School Houses. The capital outlay full-time equivalent |
| 4795 | membership by grade level organization shall be used in making |
| 4796 | the following calculations: The capital outlay full-time |
| 4797 | equivalent membership by grade level organization for the 4th |
| 4798 | prior year must be used to compute the base-year allocation. The |
| 4799 | capital outlay full-time equivalent membership by grade-level |
| 4800 | organization for the prior year must be used to compute the |
| 4801 | growth over the highest of the 3 years preceding the prior year. |
| 4802 | From the total amount appropriated by the Legislature pursuant |
| 4803 | to this subsection, 40 percent shall be allocated among the base |
| 4804 | capital outlay full-time equivalent membership and 60 percent |
| 4805 | among the growth capital outlay full-time equivalent membership. |
| 4806 | The allocation within each of these groups shall be prorated to |
| 4807 | the districts based upon each district's percentage of base and |
| 4808 | growth capital outlay full-time membership. The most recent 4- |
| 4809 | year capital outlay full-time equivalent membership data shall |
| 4810 | be used in each subsequent year's calculation for the allocation |
| 4811 | of funds pursuant to this subsection. If a change, correction, |
| 4812 | or recomputation of data during any year results in a reduction |
| 4813 | or increase of the calculated amount previously allocated to a |
| 4814 | district, the allocation to that district shall be adjusted |
| 4815 | correspondingly. If such recomputation results in an increase or |
| 4816 | decrease of the calculated amount, such additional or reduced |
| 4817 | amounts shall be added to or reduced from the district's future |
| 4818 | appropriations. However, no change, correction, or |
| 4819 | recomputation of data shall be made subsequent to 2 years |
| 4820 | following the initial annual allocation. |
| 4821 | Section 138. Subsections (1) and (2), and paragraphs (a) |
| 4822 | and (c) of subsection (4) of section 1013.75, Florida Statutes, |
| 4823 | are amended to read: |
| 4824 | 1013.75 Cooperative funding of career center and technical |
| 4825 | educational facilities.-- |
| 4826 | (1) Each district school board operating a designated |
| 4827 | career technical center may submit, prior to August 1 of each |
| 4828 | year, a request to the commissioner for funds from the Public |
| 4829 | Education Capital Outlay and Debt Service Trust Fund to plan, |
| 4830 | construct, and equip a career center and technical educational |
| 4831 | facility identified as being critical to the economic |
| 4832 | development and the workforce needs of the school district. |
| 4833 | Prior to submitting a request, each school district shall: |
| 4834 | (a) Adopt and submit to the commissioner a resolution |
| 4835 | indicating its commitment to fund the planning, construction, |
| 4836 | and equipping of the proposed facility at 40 percent of the |
| 4837 | requested project amount. The resolution shall also designate |
| 4838 | the locale of the proposed facility. If funds from a private or |
| 4839 | noneducational public entity are to be committed to the project, |
| 4840 | then a joint resolution shall be required. |
| 4841 | (b) Except as provided in paragraph (5)(b), levy the |
| 4842 | maximum millage against the nonexempt assessed property value as |
| 4843 | provided in s. 1011.71(2). |
| 4844 | (c) Certify to the Office of Workforce and Economic |
| 4845 | Development that the project has been survey recommended. |
| 4846 | (d) Certify to the Office of Workforce and Economic |
| 4847 | Development that final phase III construction documents comply |
| 4848 | with applicable building codes and life safety codes. |
| 4849 | (e) Sign an agreement that the district school board shall |
| 4850 | advertise for bids within 90 days of receiving an encumbrance |
| 4851 | authorization from the department. |
| 4852 | (f) If a construction contract has not been signed 90 days |
| 4853 | after the advertising of bids, certify to the Office of |
| 4854 | Workforce and Economic Development and the department the cause |
| 4855 | for delay. Upon request, an additional 90 days may be granted by |
| 4856 | the commissioner. |
| 4857 | (2) The Office of Workforce and Economic Development shall |
| 4858 | establish the need for additional career and technical education |
| 4859 | programs and the continuation of existing programs before |
| 4860 | facility construction or renovation related to career and |
| 4861 | technical education can be included in the educational plant |
| 4862 | survey. Information used by the Office of Workforce and Economic |
| 4863 | Development to establish facility needs shall include, but not |
| 4864 | be limited to, labor market needs analysis and information |
| 4865 | submitted by the school districts. |
| 4866 | (4)(a) A career and technical education construction |
| 4867 | committee shall be composed of the following: three |
| 4868 | representatives from the Department of Education and one |
| 4869 | representative from the Executive Office of the Governor. |
| 4870 | (c) The commissioner's legislative capital outlay budget |
| 4871 | request may include up to 2 percent of the new construction |
| 4872 | allocation to public schools for career and technical capital |
| 4873 | outlay projects recommended by the career and technical |
| 4874 | education construction committee. |
| 4875 | Section 139. This act shall take effect July 1, 2004. |