Florida Senate - 2008 SENATOR AMENDMENT

Bill No. HB 5083, 1st Eng.

232396

CHAMBER ACTION

Senate

Floor: 1/AD/2R

4/16/2008 12:08 PM

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House



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Senator Wise moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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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

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

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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

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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

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mills 2 mills against the taxable value for school purposes for

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district schools, including charter schools at the discretion of

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the school board, to fund:

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

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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

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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.

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

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plants or of leased facilities to correct deficiencies pursuant

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to s. 1013.15(2).

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

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

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replacement equipment.

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     (e)  Payments for educational facilities and sites due under

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a lease-purchase agreement entered into by a district school

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

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

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the proceeds from the millage levied by a district school board

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pursuant to this subsection.

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

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1011.15.

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     (g)  Payment of costs directly related to complying with

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state and federal environmental statutes, rules, and regulations

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governing school facilities.

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     (h)  Payment of costs of leasing relocatable educational

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facilities, of renting or leasing educational facilities and

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

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buildings or space within existing buildings pursuant to s.

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1013.15(4).

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

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district contracts with a private entity to provide student

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transportation services if the district meets the requirements of

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this paragraph.

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

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

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

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that meet the requirements of s. 1006.25.

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

486

transportation of public school students in the manner required

487

by the school district.

488

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

489

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

490

     4.  The proposed expenditure of the funds for this purpose

491

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

492

proposed tax for school capital outlay as provided in s.

493

200.065(10).

494

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

495

the library media center of a new school.

496

     (3) If the revenue from the millage authorized in

497

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

498

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

499

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

500

equal to 0.2 mills of the taxable value for school purposes

501

within the school district shall be legally available for such

502

payments, notwithstanding other restrictions on the use of such

503

revenues imposed by law.

504

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

505

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

506

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

507

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

508

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

509

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

510

     1012.72  Dale Hickam Excellent Teaching Program.--

511

     (2)  The Dale Hickam Excellent Teaching Program is created

512

to provide categorical funding for monetary incentives and

513

bonuses for teaching excellence. The monetary incentives and

514

bonuses may be provided for initial certification for up to one

515

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

516

each school district or to the NBPTS an amount as prescribed

517

annually by the Legislature for the Dale Hickam Excellent

518

Teaching Program. For purposes of this section, the Florida

519

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

520

district. Unless otherwise provided in the General Appropriations

521

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

522

the following incentives and bonuses:

523

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

524

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

525

district school board or a public school within the school

526

district, who is certified by the district to have demonstrated

527

satisfactory teaching performance pursuant to s. 1012.34 and who

528

satisfies the prerequisites for participating in the NBPTS

529

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

530

percent of the NBPTS participation fee and to participate in the

531

NBPTS certification program during the school year for which the

532

fee subsidy is provided. The fee subsidy for each eligible

533

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

534

charged for participating in the NBPTS certification program. The

535

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

536

individual.

537

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

538

Department of Education to each teacher employed by a district

539

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

540

participating in the NBPTS certification program. The portfolio-

541

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

542

year for which the NBPTS fee subsidy is provided.

543

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

544

fiscal year's statewide average salary for classroom teachers to

545

be distributed to the school district to be paid to each

546

individual who holds NBPTS certification and is employed by the

547

district school board or by a public school within the school

548

district. The district school board shall distribute the annual

549

bonus to each individual who meets the requirements of this

550

paragraph and who is certified annually by the district to have

551

demonstrated satisfactory teaching performance pursuant to s.

552

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

553

divided into not more than three payments.

554

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

555

fiscal year's statewide average salary for classroom teachers to

556

be distributed to the school district to be paid to each

557

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

558

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

559

mentoring and related services to public school teachers within

560

the state who do not hold NBPTS certification. Related services

561

must include instruction in helping teachers work more

562

effectively with the families of their students. The district

563

school board shall distribute the annual bonus in a single

564

payment following the completion of all required mentoring and

565

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

566

Legislature to remove excellent teachers from their assigned

567

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

568

district or public school for mentoring or related services

569

provided during student contact time during the 196 days of

570

required service for the school year.

571

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

572

taxes and Florida Retirement System contributions for those

573

teachers who qualify for NBPTS certification and receive bonus

574

amounts.

575

576

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

577

certification fee and who does not complete the certification

578

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

579

least 1 year after completing the certification program must

580

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

581

a teacher who completes the certification program but fails to be

582

awarded NBPTS certification is not required to repay the amount

583

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

584

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

585

complete the certification program or fails to fulfill the

586

teaching requirement because of the teacher's death or disability

587

or because of other extenuating circumstances as determined by

588

the State Board of Education.

589

     (3) A school district may pay the following:

590

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

591

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

592

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

593

have demonstrated satisfactory teaching performance pursuant to

594

s. 1012.34, who satisfies the prerequisites for participating in

595

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

596

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

597

and to participate in the NBPTS certification program during the

598

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

599

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

600

percent of the fee charged for participating in the NBPTS

601

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

602

may not be duplicated for any individual.

603

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

604

teacher employed by a district school board or a public school

605

within a school district who is participating in the NBPTS

606

certification program. The portfolio-preparation incentive is a

607

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

608

fee subsidy is provided.

609

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

610

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

611

(b).

612

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

613

insufficient to pay in full the annual bonuses for certification

614

and for providing mentoring and related services, such payments

615

for mentoring and related services shall be prorated among the

616

eligible recipients. If the mentoring and related services are

617

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

618

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

619

bonuses for certification, payments of bonuses for certification

620

shall be prorated among the eligible recipients.

621

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

622

Statutes, is amended to read:

623

     1013.45  Educational facilities contracting and construction

624

techniques.--

625

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

626

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

627

the development of plans for the erection, enlargement, or

628

alteration of any educational facility. The services of a

629

registered architect are not required for a minor renovation

630

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

631

for the placement or hookup of relocatable educational facilities

632

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

633

boards must provide compliance with building code requirements

634

and ensure that these structures are adequately anchored for wind

635

resistance as required by law. A district school board shall

636

Boards are encouraged to consider the reuse of existing

637

construction documents or design criteria packages if where such

638

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

639

educational facilities work plan includes the construction of two

640

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

641

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

642

school board shall require that prototype design and construction

643

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

644

287.055, a board may purchase the architectural services for the

645

design of educational or ancillary facilities under an existing

646

contract agreement for professional services held by a district

647

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

648

is to the economic advantage of the purchasing board, the

649

services conform to the standards prescribed by rules of the

650

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

651

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

652

design criteria are being reused. Plans shall be reviewed for

653

compliance with the state requirements for educational

654

facilities. Rules adopted under this section must establish

655

uniform prequalification, selection, bidding, and negotiation

656

procedures applicable to construction management contracts and

657

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

658

small, woman-owned or minority-owned business enterprise

659

preference program adopted by a board. Except as otherwise

660

provided in this section, the negotiation procedures applicable

661

to construction management contracts and the design-build process

662

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

663

modify any rules regarding construction management contracts or

664

the design-build process.

665

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

666

667

================ T I T L E  A M E N D M E N T ================

668

And the title is amended as follows:

669

     Delete everything before the enacting clause

670

and insert:

671

A bill to be entitled

672

An act relating to public school funding; amending s.

673

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

674

organizations; authorizing the Department of Education to

675

appropriate a lesser amount of an incentive grant per

676

school district and eligible member for a specified fiscal

677

year; providing for the future expiration of such

678

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

679

value of full-time equivalent student membership

680

calculated for each student enrolled in an International

681

Baccalaureate course, a full-credit Advanced International

682

Certificate of Education course, or an advanced placement

683

course who receives a certain score on an examination;

684

deleting provisions relating to the calculation of

685

additional full-time equivalent membership based on

686

completion of high school level algebra courses and

687

supplemental allocation for juvenile justice education

688

programs; revising provisions relating to the calculation

689

of additional full-time equivalent membership based on

690

certification of successful completion of industry-

691

certified career and professional academy programs;

692

revising provisions relating to the calculation of

693

additional full-time equivalent membership for the Florida

694

Virtual School; providing the final taxable value used in

695

the final calculation to determine the amount school

696

districts are required to put toward the cost of the

697

Florida Education Finance Program; providing for certain

698

categorical funds; requiring the Department of Education

699

to submit a report to the Legislature regarding such

700

categorical funds; requiring a district school board to

701

submit an amendment to the department if such board

702

transfers funds from its research-based reading

703

instruction allocation; revising provisions relating to

704

the calculation of declining unweighted full-time

705

equivalent students; providing a calculation for the

706

supplemental allocation for juvenile justice education

707

programs; providing for the future expiration of certain

708

provisions governing the transfer of categorical funds;

709

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

710

a school district is allowed to levy against the taxable

711

value for school purposes; authorizing a school district

712

to redirect a specified amount of millage if revenues are

713

insufficient to cover payments due under a lease-purchase

714

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

715

Hickam Excellent Teaching Program; providing that monetary

716

incentives and bonuses be provided for up to a certain

717

period; deleting provisions relating to a fee subsidy and

718

a portfolio preparation incentive; authorizing a school

719

district to pay a certain percentage of a fee subsidy to

720

the National Board of Professional Teaching Standards on

721

behalf of certain persons, a portfolio-preparation

722

incentive up to a specified amount to certain teachers,

723

and the employer's share of contributions to the Florida

724

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

725

district school board to reuse existing construction

726

documents or design criteria packages if feasible and

727

practical; requiring the use of prototype design and

728

construction under certain circumstances; providing an

729

effective date.

4/10/2008  9:06:00 AM     5-07287-08

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