Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 1746

596740

602-05765C-08

Proposed Committee Substitute by the Committee on Education Pre-K

- 12 Appropriations

A bill to be entitled

An act relating to public school funding; amending s.

1001.451, F.S., relating to regional consortium service

organizations; authorizing the Department of Education to

appropriate a lesser amount of an incentive grant per

school district and eligible member for a specified fiscal

year; providing for the future expiration of such

provisions; amending s. 1011.62, F.S.; decreasing the

value of full-time equivalent student membership

calculated for each student enrolled in an International

Baccalaureate course, a full-credit Advanced International

Certificate of Education course, or an advanced placement

course who receives a certain score on an examination;

deleting provisions relating to the calculation of

additional full-time equivalent membership based on

completion of high school level algebra courses and

supplemental allocation for juvenile justice education

programs; revising provisions relating to the calculation

of additional full-time equivalent membership based on

certification of successful completion of industry-

certified career and professional academy programs;

revising provisions relating to the calculation of

additional full-time equivalent membership for the Florida

Virtual School; providing the final taxable value used in

the final calculation to determine the amount school

districts are required to put toward the cost of the

Florida Education Finance Program; providing for certain

categorical funds; requiring the Department of Education

to submit a report to the Legislature regarding such

categorical funds; requiring a district school board to

submit an amendment to the department if such board

transfers funds from its research-based reading

instruction allocation; providing a calculation for the

supplemental allocation for juvenile justice education

programs; providing for the future expiration of certain

provisions governing the transfer of categorical funds;

amending s. 1011.71, F.S.; decreasing the maximum millage

a school district is allowed to levy against the taxable

value for school purposes; authorizing a school district

to redirect a specified amount of millage if revenues are

insufficient to cover payments due under a lease-purchase

agreement; amending s. 1012.72, F.S., relating to the Dale

Hickam Excellent Teaching Program; providing that monetary

incentives and bonuses be provided for up to a certain

period; deleting provisions relating to a fee subsidy and

a portfolio preparation incentive; providing an effective

date.

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

Section 1. Paragraph (c) is added to subsection (2) of

section 1001.451, Florida Statutes, is amended to read:

1001.451 Regional consortium service organizations.--In

order to provide a full range of programs to larger numbers of

students, minimize duplication of services, and encourage the

development of new programs and services:

(2)

the 2008-2009 fiscal year may be less than $50,000 per school

district and eligible member. If the amount appropriated is

insufficient to provide $50,000, the funds available must be

prorated among all eligible districts and members.

Section 2. The amendment to s. 1001.451(2)(c), Florida

Statutes, made by this act shall expire July 1, 2009, and the

text of that section shall revert to that in existence on June

30, 2008, except that any amendments to such text enacted other

than by this act shall be preserved and continue to operate to

the extent that such amendments are not dependent upon the

portions of such text which expire pursuant to this section.

Section 3. Paragraphs (l) through (v) of subsection (1),

paragraphs (a) and (b) of subsection (4), and subsection (6) of

section 1011.62, Florida Statutes, are amended, present

subsections (10) and (11) of that section are amended and

redesignated as subsections (11) and (12), respectively, and a

new subsection (10) is added to that section, to read:

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

allocation from the Florida Education Finance Program to each

district for operation of schools is not determined in the annual

appropriations act or the substantive bill implementing the

annual appropriations act, it shall be determined as follows:

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

OPERATION.--The following procedure shall be followed in

determining the annual allocation to each district for operation:

(l) Calculation of additional full-time equivalent

membership based on international baccalaureate examination

scores of students.--A value of 0.16 0.24 full-time equivalent

student membership shall be calculated for each student enrolled

in an international baccalaureate course who receives a score of

4 or higher on a subject examination. A value of 0.3 full-time

equivalent student membership shall be calculated for each

student who receives an international baccalaureate diploma. Such

value shall be added to the total full-time equivalent student

membership in basic programs for grades 9 through 12 in the

subsequent fiscal year. The school district shall distribute to

each classroom teacher who provided international baccalaureate

instruction:

1. A bonus in the amount of $50 for each student taught by

the International Baccalaureate teacher in each international

baccalaureate course who receives a score of 4 or higher on the

100

international baccalaureate examination.

101

2. An additional bonus of $500 to each International

102

Baccalaureate teacher in a school designated with a grade of "D"

103

or "F" who has at least one student scoring 4 or higher on the

104

international baccalaureate examination, regardless of the number

105

of classes taught or of the number of students scoring a 4 or

106

higher on the international baccalaureate examination.

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Bonuses awarded to a teacher according to this paragraph shall

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not exceed $2,000 in any given school year and shall be in

110

addition to any regular wage or other bonus the teacher received

111

or is scheduled to receive.

112

(m) Calculation of additional full-time equivalent

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membership based on Advanced International Certificate of

114

Education examination scores of students.--A value of 0.16 0.24

115

full-time equivalent student membership shall be calculated for

116

each student enrolled in a full-credit Advanced International

117

Certificate of Education course who receives a score of E or

118

higher on a subject examination. A value of 0.08 0.12 full-time

119

equivalent student membership shall be calculated for each

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student enrolled in a half-credit Advanced International

121

Certificate of Education course who receives a score of E or

122

higher on a subject examination. A value of 0.3 full-time

123

equivalent student membership shall be calculated for each

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student who receives an Advanced International Certificate of

125

Education diploma. Such value shall be added to the total full-

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time equivalent student membership in basic programs for grades 9

127

through 12 in the subsequent fiscal year. The school district

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shall distribute to each classroom teacher who provided Advanced

129

International Certificate of Education instruction:

130

1. A bonus in the amount of $50 for each student taught by

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the Advanced International Certificate of Education teacher in

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each full-credit Advanced International Certificate of Education

133

course who receives a score of E or higher on the Advanced

134

International Certificate of Education examination. A bonus in

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the amount of $25 for each student taught by the Advanced

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International Certificate of Education teacher in each half-

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credit Advanced International Certificate of Education course who

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receives a score of E or higher on the Advanced International

139

Certificate of Education examination.

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2. An additional bonus of $500 to each Advanced

141

International Certificate of Education teacher in a school

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designated with a grade of "D" or "F" who has at least one

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student scoring E or higher on the full-credit Advanced

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International Certificate of Education examination, regardless of

145

the number of classes taught or of the number of students scoring

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an E or higher on the full-credit Advanced International

147

Certificate of Education examination.

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3. Additional bonuses of $250 each to teachers of half-

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credit Advanced International Certificate of Education classes in

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a school designated with a grade of "D" or "F" which has at least

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one student scoring an E or higher on the half-credit Advanced

152

International Certificate of Education examination in that class.

153

The maximum additional bonus for a teacher awarded in accordance

154

with this subparagraph shall not exceed $500 in any given school

155

year. Teachers receiving an award under subparagraph 2. are not

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eligible for a bonus under this subparagraph.

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Bonuses awarded to a teacher according to this paragraph shall

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not exceed $2,000 in any given school year and shall be in

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addition to any regular wage or other bonus the teacher received

161

or is scheduled to receive.

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(n) Calculation of additional full-time equivalent

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membership based on college board advanced placement scores of

164

students.--A value of 0.16 0.24 full-time equivalent student

165

membership shall be calculated for each student in each advanced

166

placement course who receives a score of 3 or higher on the

167

College Board Advanced Placement Examination for the prior year

168

and added to the total full-time equivalent student membership in

169

basic programs for grades 9 through 12 in the subsequent fiscal

170

year. Each district must allocate at least 80 percent of the

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funds provided to the district for advanced placement

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instruction, in accordance with this paragraph, to the high

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school that generates the funds. The school district shall

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distribute to each classroom teacher who provided advanced

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placement instruction:

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1. A bonus in the amount of $50 for each student taught by

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the Advanced Placement teacher in each advanced placement course

178

who receives a score of 3 or higher on the College Board Advanced

179

Placement Examination.

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2. An additional bonus of $500 to each Advanced Placement

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teacher in a school designated with a grade of "D" or "F" who has

182

at least one student scoring 3 or higher on the College Board

183

Advanced Placement Examination, regardless of the number of

184

classes taught or of the number of students scoring a 3 or higher

185

on the College Board Advanced Placement Examination.

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Bonuses awarded to a teacher according to this paragraph shall

188

not exceed $2,000 in any given school year and shall be in

189

addition to any regular wage or other bonus the teacher received

190

or is scheduled to receive.

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(o) Calculation of additional full-time equivalent

192

membership based on completion of high school level algebra

193

courses by students in grades 6 through 8.--A value of 0.088

194

full-time equivalent student membership shall be calculated for

195

each student in grades 6 through 8 who completes a high school

196

level algebra course and receives a grade of C or better. Such

197

value shall be added to the total full-time equivalent student

198

membership in basic programs for grades 6 through 8. Each

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district must allocate the funds provided to the district for

200

students in grades 6 through 8 who complete a high school level

201

algebra course and receive a grade of C or better to the school

202

that generated the funds.

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(p) Calculation of supplemental allocation for juvenile

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justice education programs.--Beginning with the 2007-2008 General

205

Appropriations Act, the total K-12 weighted full-time equivalent

206

student membership in juvenile justice education programs in each

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school district shall be multiplied by the amount of the state

208

average class-size-reduction factor multiplied by the district's

209

cost differential. An amount equal to the sum of this calculation

210

shall be allocated in the FEFP to each school district to

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supplement other sources of funding for students in juvenile

212

justice education programs.

213

(o)(q) Calculation of additional full-time equivalent

214

membership based on certification of successful completion of

215

industry-certified career and professional academy programs

216

pursuant to s. 1003.492.--A value of 0.3 full-time equivalent

217

student membership shall be calculated for each student who

218

completes an industry-certified career and professional academy

219

program under s. 1003.492 and who is issued the highest level of

220

an industry certification and a high school diploma certificate.

221

Such value shall be added to the total full-time equivalent

222

student membership in secondary career education programs for

223

grades 9 through 12 in the subsequent year for courses that were

224

not funded through dual enrollment. The additional full-time

225

equivalent membership authorized under this paragraph may not

226

exceed 0.3 per student. Unless a different amount is specified in

227

the General Appropriations Act, the appropriation for this

228

calculation is limited to $15 $30 million annually. If the

229

appropriation is insufficient to fully fund the total

230

calculation, the appropriation shall be prorated.

231

(p)(r) Calculation of additional full-time equivalent

232

membership for the Florida Virtual School.--The total reported

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full-time equivalent student membership in core-curricula courses

234

as defined in s. 1003.01(14) for the Florida Virtual School shall

235

be multiplied by 0.114, and such value shall be added to the

236

total full-time equivalent student membership.

237

(q)(s) Year-round-school programs.--The Commissioner of

238

Education is authorized to adjust student eligibility

239

definitions, funding criteria, and reporting requirements of

240

statutes and rules in order that year-round-school programs may

241

achieve equivalent application of funding requirements with non-

242

year-round-school programs.

243

(r)(t) Extended-school-year program.--It is the intent of

244

the Legislature that students be provided additional instruction

245

by extending the school year to 210 days or more. Districts may

246

apply to the Commissioner of Education for funds to be used in

247

planning and implementing an extended-school-year program. The

248

Department of Education shall recommend to the Legislature the

249

policies necessary for full implementation of an extended school

250

year.

251

(s)(u) Determination of the basic amount for current

252

operation.--The basic amount for current operation to be included

253

in the Florida Education Finance Program for kindergarten through

254

grade 12 for each district shall be the product of the following:

255

1. The full-time equivalent student membership in each

256

program, multiplied by

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2. The cost factor for each program, adjusted for the

258

maximum as provided by paragraph (c), multiplied by

259

3. The base student allocation.

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(t)(v) Computation for funding through the Florida

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Education Finance Program.--The State Board of Education may

262

adopt rules establishing programs and courses for which the

263

student may earn credit toward high school graduation.

264

(4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The

265

Legislature shall prescribe the aggregate required local effort

266

for all school districts collectively as an item in the General

267

Appropriations Act for each fiscal year. The amount that each

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district shall provide annually toward the cost of the Florida

269

Education Finance Program for kindergarten through grade 12

270

programs shall be calculated as follows:

271

(a) Estimated taxable value calculations.--

272

1.a. Not later than 2 working days prior to July 19, the

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Department of Revenue shall certify to the Commissioner of

274

Education its most recent estimate of the taxable value for

275

school purposes in each school district and the total for all

276

school districts in the state for the current calendar year based

277

on the latest available data obtained from the local property

278

appraisers. Not later than July 19, the Commissioner of Education

279

shall compute a millage rate, rounded to the next highest one

280

one-thousandth of a mill, which, when applied to 95 percent of

281

the estimated state total taxable value for school purposes,

282

would generate the prescribed aggregate required local effort for

283

that year for all districts. The Commissioner of Education shall

284

certify to each district school board the millage rate, computed

285

as prescribed in this subparagraph, as the minimum millage rate

286

necessary to provide the district required local effort for that

287

year.

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b. The General Appropriations Act shall direct the

289

computation of the statewide adjusted aggregate amount for

290

required local effort for all school districts collectively from

291

ad valorem taxes to ensure that no school district's revenue from

292

required local effort millage will produce more than 90 percent

293

of the district's total Florida Education Finance Program

294

calculation under ss. 1011.62, 1011.67, and 1011.68, and the

295

adjustment of the required local effort millage rate of each

296

district that produces more than 90 percent of its total Florida

297

Education Finance Program entitlement to a level that will

298

produce only 90 percent of its total Florida Education Finance

299

Program entitlement in the July calculation.

300

2. As revised data are received from property appraisers,

301

the Department of Revenue shall amend the certification of the

302

estimate of the taxable value for school purposes.

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(b) Final calculation.--

304

1. The taxable value for school purposes certified by the

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Department of Revenue which is used in the fourth calculation

306

with the annualized full-time student membership from the

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February student survey shall be the final taxable value used in

308

the final calculation. On September 1 of each year, the

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Department of Revenue shall certify to the Commissioner of

310

Education the total of the prior year final taxable value for

311

school purposes in each school district and the total for all

312

school districts in the state. The commissioner shall use the

313

final taxable value certified on September 1 for school purposes

314

for each school district in the final calculation of the annual

315

Florida Education Finance Program allocations.

316

2. For purposes of this paragraph, the final taxable value

317

for school purposes shall be the taxable value for school

318

purposes on which the tax bills are computed and mailed to the

319

taxpayers, adjusted to reflect final administrative actions of

320

value adjustment boards and judicial decisions pursuant to

321

chapter 194. For each county that has not submitted a revised tax

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roll reflecting final value adjustment board actions and final

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judicial decisions, the Department of Revenue shall certify the

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most recent revision of the taxable value for school purposes.

325

The value certified in subparagraph 1. on September 1 shall be

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the final taxable value for school purposes for that year, and no

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further adjustments shall be made, except those made pursuant to

328

paragraph (11)(b).

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(6) CATEGORICAL FUNDS.--

330

(a) In addition to the basic amount for current operations

331

for the FEFP as determined in subsection (1), the Legislature may

332

appropriate categorical funding for specified programs,

333

activities, or purposes.

334

(b) If a district school board finds and declares in a

335

resolution adopted at a regular meeting of the school board that

336

the funds received for any of the following categorical

337

appropriations are urgently needed to maintain school board

338

specified academic classroom instruction, the school board may

339

consider and approve an amendment to the school district

340

operating budget transferring the identified amount of the

341

categorical funds to the appropriate account for expenditure:

342

1. Funds for student transportation.

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2. Funds for safe schools.

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3. Funds for supplemental academic instruction.

345

4. Funds for research-based reading instruction.

346

5. Funds for instructional materials if all instructional

347

material purchases have been completed for that fiscal year, but

348

no sooner than March 1, 2009.

349

350

financial report to the Department of Education the amount of

351

funds the school board transferred from each of the categorical

352

funds identified in this subsection and the specific academic

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classroom instruction for which the transferred funds were

354

expended. The Department of Education shall provide instructions

355

and specify the format to be used in submitting this required

356

information as a part of the district annual financial report.

357

The department shall submit a report to the Legislature which

358

identifies by district and by categorical fund the amount

359

transferred and the specific academic classroom activity for

360

which the funds were expended.

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(d) If a district school board transfers funds from its

362

research-based reading instruction allocation, the board must

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also submit to the Department of Education an amendment

364

describing the changes that the district is making to its reading

365

plan approved pursuant to paragraph (9)(d).

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(10) Calculation of supplemental allocation for juvenile

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justice education programs.--The total K-12 weighted full-time

368

equivalent student membership in juvenile justice education

369

programs in each school district shall be multiplied by the

370

amount of the state average class-size-reduction factor

371

multiplied by the district's cost differential. An amount equal

372

to the sum of this calculation shall be allocated in the FEFP to

373

each school district to supplement other sources of funding for

374

students in juvenile justice education programs.

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(11)(10) QUALITY ASSURANCE GUARANTEE.--The Legislature may

376

annually in the General Appropriations Act determine a percentage

377

increase in funds per K-12 unweighted FTE as a minimum guarantee

378

to each school district. The guarantee shall be calculated from

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prior year base funding per unweighted FTE student which shall

380

include the adjusted FTE dollars as provided in subsection (12)

381

(11), quality guarantee funds, and actual nonvoted discretionary

382

local effort from taxes. From the base funding per unweighted

383

FTE, the increase shall be calculated for the current year. The

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current year funds from which the guarantee shall be determined

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shall include the adjusted FTE dollars as provided in subsection

386

(12) (11) and potential nonvoted discretionary local effort from

387

taxes. A comparison of current year funds per unweighted FTE to

388

prior year funds per unweighted FTE shall be computed. For those

389

school districts which have less than the legislatively assigned

390

percentage increase, funds shall be provided to guarantee the

391

assigned percentage increase in funds per unweighted FTE student.

392

Should appropriated funds be less than the sum of this calculated

393

amount for all districts, the commissioner shall prorate each

394

district's allocation. This provision shall be implemented to the

395

extent specifically funded.

396

(12)(11) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT

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FOR CURRENT OPERATION.--The total annual state allocation to each

398

district for current operation for the FEFP shall be distributed

399

periodically in the manner prescribed in the General

400

Appropriations Act.

401

(a) The basic amount for current operation for the FEFP as

402

determined in subsection (1), multiplied by the district cost

403

differential factor as determined in subsection (2), plus the

404

amounts provided for categorical components within the FEFP, plus

405

the discretionary millage compression supplement as determined in

406

subsection (5), the amount for the sparsity supplement as

407

determined in subsection (7), the decline in full-time equivalent

408

students as determined in subsection (8), the research-based

409

reading instruction allocation as determined in subsection (9),

410

the allocation for juvenile justice education programs as

411

determined in subsection (10), and the quality assurance

412

guarantee as determined in subsection (11) (10), instructional

413

materials as determined in s. 1011.67, and student transportation

414

as determined in s. 1011.68, less the required local effort as

415

determined in subsection (4). If the funds appropriated for the

416

purpose of funding the total amount for current operation as

417

provided in this paragraph are not sufficient to pay the state

418

requirement in full, the department shall prorate the available

419

state funds to each district in the following manner:

420

1. Determine the percentage of proration by dividing the

421

sum of the total amount for current operation, as provided in

422

this paragraph for all districts collectively, and the total

423

district required local effort into the sum of the state funds

424

available for current operation and the total district required

425

local effort.

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2. Multiply the percentage so determined by the sum of the

427

total amount for current operation as provided in this paragraph

428

and the required local effort for each individual district.

429

3. From the product of such multiplication, subtract the

430

required local effort of each district; and the remainder shall

431

be the amount of state funds allocated to the district for

432

current operation.

433

(b) The amount thus obtained shall be the net annual

434

allocation to each school district. However, if it is determined

435

that any school district received an underallocation or

436

overallocation for any prior year because of an arithmetical

437

error, assessment roll change required by final judicial

438

decision, full-time equivalent student membership error, or any

439

allocation error revealed in an audit report, the allocation to

440

that district shall be appropriately adjusted. Beginning with

441

audits for the 2001-2002 fiscal year, if the adjustment is the

442

result of an audit finding in which group 2 FTE are reclassified

443

to the basic program and the district weighted FTE are over the

444

weighted enrollment ceiling for group 2 programs, the adjustment

445

shall not result in a gain of state funds to the district. If the

446

Department of Education audit adjustment recommendation is based

447

upon controverted findings of fact, the Commissioner of Education

448

is authorized to establish the amount of the adjustment based on

449

the best interests of the state.

450

451

state allocation to each district; however, notwithstanding any

452

of the provisions herein, each district shall be guaranteed a

453

minimum level of funding in the amount and manner prescribed in

454

the General Appropriations Act.

455

Section 4. The amendment to s. 1011.62(6), Florida

456

Statutes, made by this act shall expire July 1, 2009, and the

457

text of that section shall revert to that in existence on June

458

30, 2008, except that any amendments to such text enacted other

459

than by this act shall be preserved and continue to operate to

460

the extent that such amendments are not dependent upon the

461

portions of such text which expire pursuant to this section.

462

Section 5. Subsection (2) of section 1011.71, Florida

463

Statutes, is amended, present subsections (3) through (7) of that

464

section are redesignated as subsections (4) through (8),

465

respectively, and a new subsection (3) is added to that section

466

to read:

467

1011.71 District school tax.--

468

(2) In addition to the maximum millage levy as provided in

469

subsection (1), each school board may levy not more than 1.8

470

mills 2 mills against the taxable value for school purposes for

471

district schools, including charter schools at the discretion of

472

the school board, to fund:

473

(a) New construction and remodeling projects, as set forth

474

in s. 1013.64(3)(b) and (6)(b) and included in the district's

475

educational plant survey pursuant to s. 1013.31, without regard

476

to prioritization, sites and site improvement or expansion to new

477

sites, existing sites, auxiliary facilities, athletic facilities,

478

or ancillary facilities.

479

(b) Maintenance, renovation, and repair of existing school

480

plants or of leased facilities to correct deficiencies pursuant

481

to s. 1013.15(2).

482

483

(d) The purchase, lease-purchase, or lease of new and

484

replacement equipment.

485

(e) Payments for educational facilities and sites due under

486

a lease-purchase agreement entered into by a district school

487

board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not

488

exceeding, in the aggregate, an amount equal to three-fourths of

489

the proceeds from the millage levied by a district school board

490

pursuant to this subsection.

491

(f) Payment of loans approved pursuant to ss. 1011.14 and

492

1011.15.

493

(g) Payment of costs directly related to complying with

494

state and federal environmental statutes, rules, and regulations

495

governing school facilities.

496

(h) Payment of costs of leasing relocatable educational

497

facilities, of renting or leasing educational facilities and

498

sites pursuant to s. 1013.15(2), or of renting or leasing

499

buildings or space within existing buildings pursuant to s.

500

1013.15(4).

501

(i) Payment of the cost of school buses when a school

502

district contracts with a private entity to provide student

503

transportation services if the district meets the requirements of

504

this paragraph.

505

1. The district's contract must require that the private

506

entity purchase, lease-purchase, or lease, and operate and

507

maintain, one or more school buses of a specific type and size

508

that meet the requirements of s. 1006.25.

509

2. Each such school bus must be used for the daily

510

transportation of public school students in the manner required

511

by the school district.

512

3. Annual payment for each such school bus may not exceed

513

10 percent of the purchase price of the state pool bid.

514

4. The proposed expenditure of the funds for this purpose

515

must have been included in the district school board's notice of

516

proposed tax for school capital outlay as provided in s.

517

200.065(10).

518

(j) Payment of the cost of the opening day collection for

519

the library media center of a new school.

520

(3) If the revenue from the millage authorized in

521

subsection (2) is insufficient to make payments due under a

522

lease-purchase agreement entered into prior to June 30, 2008, by

523

a district school board pursuant to s. 1011.71 (2)(e), an amount

524

equal to 0.2 mills of the taxable value for school purposes

525

within the school district shall be legally available for such

526

payments, notwithstanding other restrictions on the use of such

527

revenues imposed by law.

528

Section 6. Subsection (2) of section 1012.72, Florida

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Statutes, and subsection (5) of that section as created by

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section 7 of chapter 2007-328, Laws of Florida, are amended to

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read:

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1012.72 Dale Hickam Excellent Teaching Program.--

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(2) The Dale Hickam Excellent Teaching Program is created

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to provide categorical funding for monetary incentives and

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bonuses for teaching excellence. The monetary incentives and

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bonuses may be provided for initial certification for up to one

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10-year period. The Department of Education shall distribute to

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each school district or to the NBPTS an amount as prescribed

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annually by the Legislature for the Dale Hickam Excellent

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Teaching Program. For purposes of this section, the Florida

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School for the Deaf and the Blind shall be considered a school

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district. Unless otherwise provided in the General Appropriations

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Act, each distribution shall be the sum of the amounts earned for

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the following incentives and bonuses:

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(a) A fee subsidy to be paid by the Department of Education

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to the NBPTS on behalf of each individual who is an employee of a

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district school board or a public school within the school

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district, who is certified by the district to have demonstrated

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satisfactory teaching performance pursuant to s. 1012.34 and who

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satisfies the prerequisites for participating in the NBPTS

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certification program, and who agrees, in writing, to pay 10

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percent of the NBPTS participation fee and to participate in the

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NBPTS certification program during the school year for which the

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fee subsidy is provided. The fee subsidy for each eligible

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participant shall be an amount equal to 90 percent of the fee

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charged for participating in the NBPTS certification program. The

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fee subsidy is a one-time award and may not be duplicated for any

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individual.

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(b) A portfolio-preparation incentive of $150 paid by the

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Department of Education to each teacher employed by a district

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school board or a public school within a school district who is

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participating in the NBPTS certification program. The portfolio-

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preparation incentive is a one-time award paid during the school

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year for which the NBPTS fee subsidy is provided.

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(a)(c) An annual bonus equal to 10 percent of the prior

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fiscal year's statewide average salary for classroom teachers to

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be distributed to the school district to be paid to each

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individual who holds NBPTS certification and is employed by the

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district school board or by a public school within the school

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district. The district school board shall distribute the annual

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bonus to each individual who meets the requirements of this

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paragraph and who is certified annually by the district to have

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demonstrated satisfactory teaching performance pursuant to s.

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1012.34. The annual bonus may be paid as a single payment or

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divided into not more than three payments.

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(b)(d) An annual bonus equal to 10 percent of the prior

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fiscal year's statewide average salary for classroom teachers to

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be distributed to the school district to be paid to each

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individual who meets the requirements of paragraph (c) and

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agrees, in writing, to provide the equivalent of 12 workdays of

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mentoring and related services to public school teachers within

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the state who do not hold NBPTS certification. Related services

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must include instruction in helping teachers work more

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effectively with the families of their students. The district

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school board shall distribute the annual bonus in a single

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payment following the completion of all required mentoring and

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related services for the year. It is not the intent of the

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Legislature to remove excellent teachers from their assigned

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classrooms; therefore, credit may not be granted by a school

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district or public school for mentoring or related services

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provided during student contact time during the 196 days of

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required service for the school year.

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(c)(e) The employer's share of social security and Medicare

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taxes and Florida Retirement System contributions for those

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teachers who qualify for NBPTS certification and receive bonus

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amounts.

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A teacher for whom the state pays the certification fee and who

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does not complete the certification program or does not teach in

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a public school of this state for at least 1 year after

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completing the certification program must repay the amount of the

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certification fee to the state. However, a teacher who completes

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the certification program but fails to be awarded NBPTS

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certification is not required to repay the amount of the

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certification fee if the teacher meets the 1-year teaching

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requirement. Repayment is not required of a teacher who does not

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complete the certification program or fails to fulfill the

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teaching requirement because of the teacher's death or disability

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or because of other extenuating circumstances as determined by

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the State Board of Education.

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(5) If the funds available in any fiscal year are

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insufficient to pay in full the annual bonuses for certification

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and for providing mentoring and related services, such payments

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for mentoring and related services shall be prorated among the

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eligible recipients. If funds are insufficient to pay in full the

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annual bonuses for certification, payments of bonuses for

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certification shall be prorated among the eligible recipients.

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Section 7. This act shall take effect July 1, 2008.