CS for SB 1746 First Engrossed

20081746e1

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A bill to be entitled

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An act relating to public school funding; amending s.

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

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organizations; authorizing the Department of Education to

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appropriate a lesser amount of an incentive grant per

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school district and eligible member for a specified fiscal

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year; providing for the future expiration of such

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

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value of full-time equivalent student membership

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calculated for each student enrolled in an International

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Baccalaureate course, a full-credit Advanced International

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Certificate of Education course, or an advanced placement

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course who receives a certain score on an examination;

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deleting provisions relating to the calculation of

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additional full-time equivalent membership based on

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completion of high school level algebra courses and

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supplemental allocation for juvenile justice education

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programs; revising provisions relating to the calculation

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of additional full-time equivalent membership based on

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certification of successful completion of industry-

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certified career and professional academy programs;

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revising provisions relating to the calculation of

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additional full-time equivalent membership for the Florida

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Virtual School; providing the final taxable value used in

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the final calculation to determine the amount school

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districts are required to put toward the cost of the

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Florida Education Finance Program; providing for certain

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categorical funds; requiring the Department of Education

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to submit a report to the Legislature regarding such

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categorical funds; requiring a district school board to

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submit an amendment to the department if such board

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transfers funds from its research-based reading

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instruction allocation; revising provisions relating to

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the calculation of declining unweighted full-time

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equivalent students; providing a calculation for the

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supplemental allocation for juvenile justice education

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programs; providing for the future expiration of certain

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provisions governing the transfer of categorical funds;

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

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a school district is allowed to levy against the taxable

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value for school purposes; authorizing a school district

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to redirect a specified amount of millage if revenues are

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insufficient to cover payments due under a lease-purchase

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

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Hickam Excellent Teaching Program; providing that monetary

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incentives and bonuses be provided for up to a certain

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period; deleting provisions relating to a fee subsidy and

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a portfolio preparation incentive; authorizing a school

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district to pay a certain percentage of a fee subsidy to

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the National Board of Professional Teaching Standards on

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behalf of certain persons, a portfolio-preparation

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incentive up to a specified amount to certain teachers,

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and the employer's share of contributions to the Florida

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Retirement System; amending s. 1013.45, F.S.; requiring a

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district school board to reuse existing construction

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documents or design criteria packages if feasible and

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practical; requiring the use of prototype design and

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construction under certain circumstances; providing an

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effective date.

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

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

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section 1001.451, Florida Statutes, to read:

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     1001.451  Regional consortium service organizations.--In

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

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students, minimize duplication of services, and encourage the

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development of new programs and services:

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     (2)

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     (c) Notwithstanding paragraph (a), the appropriation for

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

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district and eligible member. If the amount appropriated is

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

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prorated among all eligible districts and members.

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

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

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

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

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

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the extent that such amendments are not dependent upon the

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portions of such text which expire pursuant to this section.

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

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

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section 1011.62, Florida Statutes, and subsection (8) of that

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section as amended by section 2 of chapter 2007-328, Laws of

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Florida, are amended, present subsections (10) and (11) of that

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section are amended and redesignated as subsections (11) and

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(12), respectively, and a new subsection (10) is added to that

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section, to read:

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

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allocation from the Florida Education Finance Program to each

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district for operation of schools is not determined in the annual

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appropriations act or the substantive bill implementing the

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annual appropriations act, it shall be determined as follows:

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

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OPERATION.--The following procedure shall be followed in

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determining the annual allocation to each district for operation:

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     (l)  Calculation of additional full-time equivalent

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membership based on international baccalaureate examination

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

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student membership shall be calculated for each student enrolled

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in an international baccalaureate course who receives a score of

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

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equivalent student membership shall be calculated for each

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student who receives an international baccalaureate diploma. Such

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

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membership in basic programs for grades 9 through 12 in the

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subsequent fiscal year. The school district shall distribute to

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each classroom teacher who provided international baccalaureate

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instruction:

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

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the International Baccalaureate teacher in each international

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

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international baccalaureate examination.

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     2.  An additional bonus of $500 to each International

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

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

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international baccalaureate examination, regardless of the number

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

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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

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addition to any regular wage or other bonus the teacher received

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or is scheduled to receive.

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     (m)  Calculation of additional full-time equivalent

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membership based on Advanced International Certificate of

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

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full-time equivalent student membership shall be calculated for

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each student enrolled in a full-credit Advanced International

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Certificate of Education course who receives a score of E or

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

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equivalent student membership shall be calculated for each

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student enrolled in a half-credit Advanced International

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Certificate of Education course who receives a score of E or

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

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equivalent student membership shall be calculated for each

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student who receives an Advanced International Certificate of

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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

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through 12 in the subsequent fiscal year. The school district

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shall distribute to each classroom teacher who provided Advanced

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International Certificate of Education instruction:

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     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

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

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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

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Certificate of Education examination.

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     2.  An additional bonus of $500 to each Advanced

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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

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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

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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

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International Certificate of Education examination in that class.

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The maximum additional bonus for a teacher awarded in accordance

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

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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

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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

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

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membership shall be calculated for each student in each advanced

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

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College Board Advanced Placement Examination for the prior year

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

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basic programs for grades 9 through 12 in the subsequent fiscal

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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

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

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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

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

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Advanced Placement Examination, regardless of the number of

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

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on the College Board Advanced Placement 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

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addition to any regular wage or other bonus the teacher received

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or is scheduled to receive.

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     (o) Calculation of additional full-time equivalent

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membership based on completion of high school level algebra

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

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full-time equivalent student membership shall be calculated for

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

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

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

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membership in basic programs for grades 6 through 8. Each

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district must allocate the funds provided to the district for

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

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

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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

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

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student membership in juvenile justice education programs in each

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school district shall be multiplied by the amount of the state

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

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

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shall be allocated in the FEFP to each school district to

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supplement other sources of funding for students in juvenile

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justice education programs.

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

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membership based on certification of successful completion of

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industry-certified career and professional academy programs

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

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student membership shall be calculated for each student who

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completes an industry-certified career and professional academy

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

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an industry certification and a high school diploma certificate.

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

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student membership in secondary career education programs for

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

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not funded through dual enrollment. The additional full-time

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equivalent membership authorized under this paragraph may not

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

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the General Appropriations Act, the appropriation for this

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

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appropriation is insufficient to fully fund the total

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calculation, the appropriation shall be prorated.

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

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

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full-time equivalent student membership in core-curricula courses

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

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

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total full-time equivalent student membership.

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

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Education is authorized to adjust student eligibility

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definitions, funding criteria, and reporting requirements of

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

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achieve equivalent application of funding requirements with non-

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year-round-school programs.

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

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the Legislature that students be provided additional instruction

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

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

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

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Department of Education shall recommend to the Legislature the

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policies necessary for full implementation of an extended school

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year.

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

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

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in the Florida Education Finance Program for kindergarten through

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

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     1.  The full-time equivalent student membership in each

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program, multiplied by

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

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maximum as provided by paragraph (c), multiplied by

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     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

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adopt rules establishing programs and courses for which the

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student may earn credit toward high school graduation.

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

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Legislature shall prescribe the aggregate required local effort

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for all school districts collectively as an item in the General

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Appropriations Act for each fiscal year. The amount that each

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district shall provide annually toward the cost of the Florida

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Education Finance Program for kindergarten through grade 12

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programs shall be calculated as follows:

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     (a)  Estimated taxable value calculations.--

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     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

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Education its most recent estimate of the taxable value for

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school purposes in each school district and the total for all

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school districts in the state for the current calendar year based

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on the latest available data obtained from the local property

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

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

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

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the estimated state total taxable value for school purposes,

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would generate the prescribed aggregate required local effort for

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that year for all districts. The Commissioner of Education shall

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certify to each district school board the millage rate, computed

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as prescribed in this subparagraph, as the minimum millage rate

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necessary to provide the district required local effort for that

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year.

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     b.  The General Appropriations Act shall direct the

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computation of the statewide adjusted aggregate amount for

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required local effort for all school districts collectively from

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

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required local effort millage will produce more than 90 percent

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of the district's total Florida Education Finance Program

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

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adjustment of the required local effort millage rate of each

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district that produces more than 90 percent of its total Florida

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Education Finance Program entitlement to a level that will

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produce only 90 percent of its total Florida Education Finance

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Program entitlement in the July calculation.

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     2.  As revised data are received from property appraisers,

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the Department of Revenue shall amend the certification of the

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estimate of the taxable value for school purposes.

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     (b)  Final calculation.--

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     1. The taxable value for school purposes certified by the

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Department of Revenue which is used in the fourth calculation

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with the annualized full-time student membership from the

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February student survey shall be the final taxable value used in

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

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Department of Revenue shall certify to the Commissioner of

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Education the total of the prior year final taxable value for

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school purposes in each school district and the total for all

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school districts in the state. The commissioner shall use the

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final taxable value certified on September 1 for school purposes

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for each school district in the final calculation of the annual

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Florida Education Finance Program allocations.

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

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for school purposes shall be the taxable value for school

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

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taxpayers, adjusted to reflect final administrative actions of

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value adjustment boards and judicial decisions pursuant to

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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.

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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

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paragraph (11)(b).

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     (6)  CATEGORICAL FUNDS.--

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

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

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appropriate categorical funding for specified programs,

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activities, or purposes.

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

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resolution adopted at a regular meeting of the school board that

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the funds received for any of the following categorical

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appropriations are urgently needed to maintain school board

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specified academic classroom instruction, the school board may

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consider and approve an amendment to the school district

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operating budget transferring the identified amount of the

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categorical funds to the appropriate account for expenditure:

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     1.  Funds for student transportation.

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     2.  Funds for safe schools.

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     3.  Funds for supplemental academic instruction.

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     4. Funds for research-based reading instruction.

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     5. Funds for instructional materials if all instructional

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material purchases have been completed for that fiscal year, but

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no sooner than March 1, 2009.

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     (c)  Each district school board shall include in its annual

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financial report to the Department of Education the amount of

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funds the school board transferred from each of the categorical

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funds identified in this subsection and the specific academic

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classroom instruction for which the transferred funds were

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expended. The Department of Education shall provide instructions

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and specify the format to be used in submitting this required

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information as a part of the district annual financial report.

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The department shall submit a report to the Legislature which

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identifies by district and by categorical fund the amount

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transferred and the specific academic classroom activity for

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which the funds were expended.

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

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research-based reading instruction allocation, the board must

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also submit to the Department of Education an amendment

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describing the changes that the district is making to its reading

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

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     (8)  DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In those

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districts where there is a decline between prior year and current

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year unweighted FTE students, a percent 50 percent of the decline

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in the unweighted FTE students as determined by the Legislature

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shall be multiplied by the prior year calculated FEFP per

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unweighted FTE student and shall be added to the allocation for

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that district. For this purpose, the calculated FEFP shall be

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computed by multiplying the weighted FTE students by the base

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student allocation and then by the district cost differential. If

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a district transfers a program to another institution not under

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the authority of the district's school board, including a charter

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technical career center, the decline is to be multiplied by a

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factor of 0.15. However, if the funds provided for the Florida

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Education Finance Program in the General Appropriations Act for

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any fiscal year are reduced by a subsequent appropriation for

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that fiscal year, the percent of the decline in the unweighted

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FTE students to be funded shall be determined by the Legislature

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and designated in the subsequent appropriation.

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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

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equivalent student membership in juvenile justice education

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programs in each school district shall be multiplied by the

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amount of the state average class-size-reduction factor

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

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

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each school district to supplement other sources of funding for

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students in juvenile justice education programs.

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

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annually in the General Appropriations Act determine a percentage

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

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to each school district. The guarantee shall be calculated from

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prior year base funding per unweighted FTE student which shall

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

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

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local effort from taxes. From the base funding per unweighted

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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

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

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

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

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school districts which have less than the legislatively assigned

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percentage increase, funds shall be provided to guarantee the

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assigned percentage increase in funds per unweighted FTE student.

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Should appropriated funds be less than the sum of this calculated

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amount for all districts, the commissioner shall prorate each

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

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extent specifically funded.

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

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

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district for current operation for the FEFP shall be distributed

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periodically in the manner prescribed in the General

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Appropriations Act.

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

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

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

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amounts provided for categorical components within the FEFP, plus

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the discretionary millage compression supplement as determined in

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

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

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

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reading instruction allocation as determined in subsection (9),

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the allocation for juvenile justice education programs as

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determined in subsection (10), and the quality assurance

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

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materials as determined in s. 1011.67, and student transportation

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

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

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purpose of funding the total amount for current operation as

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provided in this paragraph are not sufficient to pay the state

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requirement in full, the department shall prorate the available

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state funds to each district in the following manner:

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     1.  Determine the percentage of proration by dividing the

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

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this paragraph for all districts collectively, and the total

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district required local effort into the sum of the state funds

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available for current operation and the total district required

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local effort.

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

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total amount for current operation as provided in this paragraph

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and the required local effort for each individual district.

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     3.  From the product of such multiplication, subtract the

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required local effort of each district; and the remainder shall

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be the amount of state funds allocated to the district for

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current operation.

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

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

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that any school district received an underallocation or

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overallocation for any prior year because of an arithmetical

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error, assessment roll change required by final judicial

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

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allocation error revealed in an audit report, the allocation to

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that district shall be appropriately adjusted. Beginning with

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

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

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

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weighted enrollment ceiling for group 2 programs, the adjustment

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

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Department of Education audit adjustment recommendation is based

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upon controverted findings of fact, the Commissioner of Education

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is authorized to establish the amount of the adjustment based on

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the best interests of the state.

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     (c)  The amount thus obtained shall represent the net annual

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state allocation to each district; however, notwithstanding any

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of the provisions herein, each district shall be guaranteed a

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minimum level of funding in the amount and manner prescribed in

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the General Appropriations Act.

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

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

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text of that section shall revert to that in existence on the day

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before the effective date of chapter 2007-328, Laws of Florida,

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except that any amendments to such text enacted other than by

492

this act shall be preserved and continue to operate to the extent

493

that such amendments are not dependent upon the portions of such

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text which expire pursuant to this section.

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

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

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

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

499

to read:

500

     1011.71  District school tax.--

501

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

502

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

503

mills 2 mills against the taxable value for school purposes for

504

district schools, including charter schools at the discretion of

505

the school board, to fund:

506

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

507

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

508

educational plant survey pursuant to s. 1013.31, without regard

509

to prioritization, sites and site improvement or expansion to new

510

sites, existing sites, auxiliary facilities, athletic facilities,

511

or ancillary facilities.

512

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

513

plants or of leased facilities to correct deficiencies pursuant

514

to s. 1013.15(2).

515

     (c)  The purchase, lease-purchase, or lease of school buses.

516

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

517

replacement equipment.

518

     (e)  Payments for educational facilities and sites due under

519

a lease-purchase agreement entered into by a district school

520

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

521

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

522

the proceeds from the millage levied by a district school board

523

pursuant to this subsection.

524

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

525

1011.15.

526

     (g)  Payment of costs directly related to complying with

527

state and federal environmental statutes, rules, and regulations

528

governing school facilities.

529

     (h)  Payment of costs of leasing relocatable educational

530

facilities, of renting or leasing educational facilities and

531

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

532

buildings or space within existing buildings pursuant to s.

533

1013.15(4).

534

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

535

district contracts with a private entity to provide student

536

transportation services if the district meets the requirements of

537

this paragraph.

538

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

539

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

540

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

541

that meet the requirements of s. 1006.25.

542

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

543

transportation of public school students in the manner required

544

by the school district.

545

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

546

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

547

     4.  The proposed expenditure of the funds for this purpose

548

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

549

proposed tax for school capital outlay as provided in s.

550

200.065(10).

551

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

552

the library media center of a new school.

553

     (3) If the revenue from the millage authorized in

554

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

555

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

556

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

557

equal to 0.2 mills of the taxable value for school purposes

558

within the school district shall be legally available for such

559

payments, notwithstanding other restrictions on the use of such

560

revenues imposed by law.

561

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

562

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

563

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

564

present subsections (3), (4), and (5) of that section are

565

redesignated as subsections (4), (5), and (6), respectively, and

566

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

567

     1012.72  Dale Hickam Excellent Teaching Program.--

568

     (2)  The Dale Hickam Excellent Teaching Program is created

569

to provide categorical funding for monetary incentives and

570

bonuses for teaching excellence. The monetary incentives and

571

bonuses may be provided for initial certification for up to one

572

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

573

each school district or to the NBPTS an amount as prescribed

574

annually by the Legislature for the Dale Hickam Excellent

575

Teaching Program. For purposes of this section, the Florida

576

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

577

district. Unless otherwise provided in the General Appropriations

578

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

579

the following incentives and bonuses:

580

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

581

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

582

district school board or a public school within the school

583

district, who is certified by the district to have demonstrated

584

satisfactory teaching performance pursuant to s. 1012.34 and who

585

satisfies the prerequisites for participating in the NBPTS

586

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

587

percent of the NBPTS participation fee and to participate in the

588

NBPTS certification program during the school year for which the

589

fee subsidy is provided. The fee subsidy for each eligible

590

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

591

charged for participating in the NBPTS certification program. The

592

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

593

individual.

594

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

595

Department of Education to each teacher employed by a district

596

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

597

participating in the NBPTS certification program. The portfolio-

598

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

599

year for which the NBPTS fee subsidy is provided.

600

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

601

fiscal year's statewide average salary for classroom teachers to

602

be distributed to the school district to be paid to each

603

individual who holds NBPTS certification and is employed by the

604

district school board or by a public school within the school

605

district. The district school board shall distribute the annual

606

bonus to each individual who meets the requirements of this

607

paragraph and who is certified annually by the district to have

608

demonstrated satisfactory teaching performance pursuant to s.

609

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

610

divided into not more than three payments.

611

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

612

fiscal year's statewide average salary for classroom teachers to

613

be distributed to the school district to be paid to each

614

individual who meets the requirements of paragraph (a) (c) and

615

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

616

mentoring and related services to public school teachers within

617

the state who do not hold NBPTS certification. Related services

618

must include instruction in helping teachers work more

619

effectively with the families of their students. The district

620

school board shall distribute the annual bonus in a single

621

payment following the completion of all required mentoring and

622

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

623

Legislature to remove excellent teachers from their assigned

624

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

625

district or public school for mentoring or related services

626

provided during student contact time during the 196 days of

627

required service for the school year.

628

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

629

taxes and Florida Retirement System contributions for those

630

teachers who qualify for NBPTS certification and receive bonus

631

amounts.

632

633

A teacher for whom the state or the school district pays the

634

certification fee and who does not complete the certification

635

program or does not teach in a public school of this state for at

636

least 1 year after completing the certification program must

637

repay the amount of the certification fee to the state. However,

638

a teacher who completes the certification program but fails to be

639

awarded NBPTS certification is not required to repay the amount

640

of the certification fee if the teacher meets the 1-year teaching

641

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

642

complete the certification program or fails to fulfill the

643

teaching requirement because of the teacher's death or disability

644

or because of other extenuating circumstances as determined by

645

the State Board of Education.

646

     (3) A school district may pay the following:

647

     (a) A fee subsidy to the NBPTS on behalf of each individual

648

who is an employee of a district school board or a public school

649

within the school district, who is certified by the district to

650

have demonstrated satisfactory teaching performance pursuant to

651

s. 1012.34, who satisfies the prerequisites for participating in

652

the NBPTS certification program, and who agrees, in writing, to

653

pay at least 10 percent or more of the NBPTS participation fee

654

and to participate in the NBPTS certification program during the

655

school year for which the fee subsidy is provided. The fee

656

subsidy for each eligible participant shall be an amount up to 90

657

percent of the fee charged for participating in the NBPTS

658

certification program. The fee subsidy is a one-time award and

659

may not be duplicated for any individual.

660

     (b) A portfolio-preparation incentive of up to $150 to each

661

teacher employed by a district school board or a public school

662

within a school district who is participating in the NBPTS

663

certification program. The portfolio-preparation incentive is a

664

one-time award paid during the school year for which the NBPTS

665

fee subsidy is provided.

666

     (c) The employer's share of Florida Retirement System

667

contributions for any bonus payments under paragraphs (2)(a) and

668

(b).

669

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

670

insufficient to pay in full the annual bonuses for certification

671

and for providing mentoring and related services, such payments

672

for mentoring and related services shall be prorated among the

673

eligible recipients. If the mentoring and related services are

674

prorated, school districts may pay a portion or all of the

675

balance. If funds are insufficient to pay in full the annual

676

bonuses for certification, payments of bonuses for certification

677

shall be prorated among the eligible recipients.

678

     Section 7.  Subsection (4) of section 1013.45, Florida

679

Statutes, is amended to read:

680

     1013.45  Educational facilities contracting and construction

681

techniques.--

682

     (4)  Except as otherwise provided in this section and s.

683

481.229, the services of a registered architect must be used for

684

the development of plans for the erection, enlargement, or

685

alteration of any educational facility. The services of a

686

registered architect are not required for a minor renovation

687

project for which the construction cost is less than $50,000 or

688

for the placement or hookup of relocatable educational facilities

689

that conform with standards adopted under s. 1013.37. However,

690

boards must provide compliance with building code requirements

691

and ensure that these structures are adequately anchored for wind

692

resistance as required by law. A district school board shall

693

Boards are encouraged to consider the reuse of existing

694

construction documents or design criteria packages if where such

695

reuse is feasible and practical. If a school district's 5-year

696

educational facilities work plan includes the construction of two

697

or more new schools for students in the same grade group and

698

program, such as elementary, middle, or high school, the district

699

school board shall require that prototype design and construction

700

be used for the construction of these schools. Notwithstanding s.

701

287.055, a board may purchase the architectural services for the

702

design of educational or ancillary facilities under an existing

703

contract agreement for professional services held by a district

704

school board in the State of Florida, provided that the purchase

705

is to the economic advantage of the purchasing board, the

706

services conform to the standards prescribed by rules of the

707

State Board of Education, and such reuse is not without notice

708

to, and permission from, the architect of record whose plans or

709

design criteria are being reused. Plans shall be reviewed for

710

compliance with the state requirements for educational

711

facilities. Rules adopted under this section must establish

712

uniform prequalification, selection, bidding, and negotiation

713

procedures applicable to construction management contracts and

714

the design-build process. This section does not supersede any

715

small, woman-owned or minority-owned business enterprise

716

preference program adopted by a board. Except as otherwise

717

provided in this section, the negotiation procedures applicable

718

to construction management contracts and the design-build process

719

must conform to the requirements of s. 287.055. A board may not

720

modify any rules regarding construction management contracts or

721

the design-build process.

722

     Section 8.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.