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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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
449
provided in this paragraph are not sufficient to pay the state
450
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
466
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
469
error, assessment roll change required by final judicial
470
decision, full-time equivalent student membership error, or any
471
allocation error revealed in an audit report, the allocation to
472
that district shall be appropriately adjusted. Beginning with
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audits for the 2001-2002 fiscal year, if the adjustment is the
474
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
488
Statutes, made by this act shall expire July 1, 2009, and the
489
text of that section shall revert to that in existence on the day
490
before the effective date of chapter 2007-328, Laws of Florida,
491
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
494
text which expire pursuant to this section.
495
Section 5. Subsection (2) of section 1011.71, Florida
496
Statutes, is amended, present subsections (3) through (7) of that
497
section are redesignated as subsections (4) through (8),
498
respectively, and a new subsection (3) is added to that section
499
to read:
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1011.71 District school tax.--
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(2) In addition to the maximum millage levy as provided in
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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
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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
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educational plant survey pursuant to s. 1013.31, without regard
509
to prioritization, sites and site improvement or expansion to new
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sites, existing sites, auxiliary facilities, athletic facilities,
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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
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
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.