HB 1323

1
A bill to be entitled
2An act relating to school districts; creating s. 1001.454,
3F.S.; providing for the recall of district school board
4members; providing applicability; providing requirements
5for the petition for recall and the signature process;
6providing requirements for the recall election; requiring
7that the ballot for recall contain certain statements;
8amending s. 1012.22, F.S.; requiring that each district
9school board adopt the district school superintendent's
10recommendations relating to compensation and salary
11schedules unless 66 percent of the district school board
12members vote to reject such recommendations; amending s.
131012.27, F.S.; revising provisions relating to the
14district school superintendent's duty to prepare and
15recommend salary schedules for adoption by the district
16school board; prohibiting the school superintendent from
17recommending an increase in salary schedules of
18administrative personnel or managers if the salary
19schedules of instructional personnel and educational
20support employees have not been increased; requiring that
21the school superintendent review the salary schedules of
22all administrative personnel and managers to ensure that
23no person is paid in excess of twice the district's
24average salary of classroom teachers for the prior
25academic year; requiring that the school superintendent
26recommend corrective action to address any pay disparity;
27providing for severability; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Section 1001.454, Florida Statutes, is created
32to read:
33     1001.454  Recall of district school board members.--
34     (1)  APPLICATION.--Any member of a district school board
35may be recalled and removed from office by the electors of the
36district.
37     (a)  If a board member is elected for single-member
38representation within the residence areas of a district pursuant
39to s. 1001.362, only electors from that area may sign the
40petition to recall the member and vote in the recall election.
41     (b)  If the board member is elected at-large or by the
42electors of an entire district pursuant to s. 1001.361, all the
43electors of the district may sign the petition to recall the
44member and vote in the recall election.
45     (c)  In addition to other procedures provided by law, board
46members may be removed from office pursuant to the procedures
47provided in this section.
48     (2)  RECALL PETITION.--
49     (a)  Petition content.--A petition for recall shall contain
50the name of the person who is to be recalled and the position he
51or she currently holds.
52     (b)  Requisite signatures.--
53     1.  In a district or a district school board member
54residence area having fewer than 500 registered electors, the
55petition must be signed by at least 50 electors or by 10 percent
56of the total number of registered electors in the district or
57district school board member residence area as of the preceding
58district election, whichever is greater.
59     2.  In a district or a district school board member
60residence area having 500 or more but fewer than 2,000
61registered electors, the petition must be signed by at least 100
62electors or by 10 percent of the total number of registered
63electors of the district or district school board member
64residence area as of the preceding district election, whichever
65is greater.
66     3.  In a district or a district school board member
67residence area having 2,000 or more but fewer than 5,000
68registered electors, the petition must be signed by at least 250
69electors or by 10 percent of the total number of registered
70electors of the district or district school board member
71residence area as of the preceding district election, whichever
72is greater.
73     4.  In a district or a district school board member
74residence area having 5,000 or more but fewer than 10,000
75registered electors, the petition must be signed by at least 500
76electors or by 10 percent of the total number of registered
77electors of the district or district school board member
78residence area as of the preceding district election, whichever
79is greater.
80     5.  In a district or a district school board member
81residence area having 10,000 or more but fewer than 25,000
82registered electors, the petition must be signed by at least
831,000 electors or by 10 percent of the total number of
84registered electors of the district or district school board
85member residence area as of the preceding district election,
86whichever is greater.
87     6.  In a district or a district school board member
88residence area having 25,000 or more registered electors, the
89petition must be signed by at least 1,000 electors or by 5
90percent of the total number of registered electors of the
91district or district school board member residence area as of
92the preceding district election, whichever is greater.
93     (c)  Signature process.--Each elector who signs a petition
94for recall shall sign and date his or her name in ink or
95indelible pencil. Each petition shall contain appropriate lines
96for each elector's original signature, printed name, street
97address, city, county, voter registration number or date of
98birth, and date signed.
99     (d)  Filing of signed petitions.--All signed petitions
100shall be filed at the same time, no later than 90 days after the
101date on which the first signature is obtained, with the auditor
102or clerk of the school board, or his or her representative. A
103petition may not be amended after it is filed with the auditor
104or the clerk, or his or her representative.
105     (e)  Verification of signatures.--
106     1.  Immediately after the filing of a petition, the clerk
107shall submit the petition to the county supervisor of elections.
108No more than 30 days after the date on which all petitions are
109received, the supervisor of elections shall promptly verify the
110signatures in accordance with s. 99.097 and determine whether
111the requisite number of valid signatures has been obtained. Any
112party who seeks verification of the signatures must submit a
113payment in advance to the supervisor of elections in the amount
114of 10 cents for each signature checked or the actual cost of
115checking such signatures, whichever is less.
116     2.  If the supervisor of elections determines that the
117petition does not contain the requisite number of verified and
118valid signatures, the clerk shall, upon receipt of such written
119determination, certify to the school board that the requisite
120number of verified and valid signatures has not been obtained
121and file the petition without taking further action. Additional
122names may not be added to the petition and the petition may not
123be used in any other proceeding.
124     3.  If the supervisor of elections determines that the
125petition has the requisite number of verified and valid
126signatures, he or she shall request that the chief judge of the
127judicial circuit in which the school district is located fix a
128day for holding the recall election.
129     4.  Upon request, the auditor or the clerk, or his or her
130representative, shall make the petition and all subsequent
131papers or forms required or permitted to be filed in compliance
132with this section available in alternative formats.
133     (3)  RECALL ELECTION.--A recall election shall be held not
134less than 30 days or more than 60 days after the supervisor of
135elections requests the election and at the same time as any
136other general or special election held within the period. If the
137election is not held within the required period, the judge shall
138call a special recall election to be held within the period
139provided in this subsection.
140     (4)  BALLOTS.--
141     (a)  The ballot at the recall election must state the
142following: "Shall....be removed from the office of....by
143recall?"
144     (b)  The following propositions must be stated after each
145question on the ballot:
146     1.  "[Name of person] should be removed from office."
147     2.  "[Name of person] should not be removed from office."
148     (5)  RESULTS OF RECALL ELECTION.--If a majority of the
149electors votes to not remove the member from office, the member
150shall continue to serve in office under the terms of his or her
151preceding election. If the majority of electors votes to recall
152the member, he or she shall, regardless of any defect in the
153recall petition, be deemed removed from office immediately.
154     (6)  FILLING OF VACANCIES.--Any vacancy created by recall
155shall be filled by appointment in accordance with s. 1001.38.
156     Section 2.  Paragraph (c) of subsection (1) of section
1571012.22, Florida Statutes, is amended to read:
158     1012.22  Public school personnel; powers and duties of the
159district school board.--The district school board shall:
160     (1)  Designate positions to be filled, prescribe
161qualifications for those positions, and provide for the
162appointment, compensation, promotion, suspension, and dismissal
163of employees as follows, subject to the requirements of this
164chapter:
165     (c)  Compensation and salary schedules.--
166     1.  The district school board shall adopt a salary schedule
167or salary schedules designed to furnish incentives for
168improvement in training and for continued efficient service to
169be used as a basis for paying all school employees and fix and
170authorize the compensation of school employees on the basis
171thereof.
172     2.  A district school board, in determining the salary
173schedule for instructional personnel, must base a portion of
174each employee's compensation on performance demonstrated under
175s. 1012.34, must consider the prior teaching experience of a
176person who has been designated state teacher of the year by any
177state in the United States, and must consider prior professional
178experience in the field of education gained in positions in
179addition to district level instructional and administrative
180positions.
181     3.  In developing the salary schedule, the district school
182board shall seek input from parents, teachers, and
183representatives of the business community.
184     4.  Beginning with the 2007-2008 academic year, each
185district school board shall adopt a salary schedule with
186differentiated pay for both instructional personnel and school-
187based administrators. The salary schedule is subject to
188negotiation as provided in chapter 447 and must allow
189differentiated pay based on district-determined factors,
190including, but not limited to, additional responsibilities,
191school demographics, critical shortage areas, and level of job
192performance difficulties.
193     5.  Beginning with the 2009-2010 academic year, each
194district school board shall adopt the district school
195superintendent's recommendations relating to the compensation
196and salary schedules pursuant to s. 1012.27(2) unless 66 percent
197of the district school board members vote to reject such
198recommendations.
199     Section 3.  Subsection (2) of section 1012.27, Florida
200Statutes, is amended to read:
201     1012.27  Public school personnel; powers and duties of
202district school superintendent.--The district school
203superintendent is responsible for directing the work of the
204personnel, subject to the requirements of this chapter, and in
205addition the district school superintendent shall perform the
206following:
207     (2)  COMPENSATION AND SALARY SCHEDULES.--
208     (a)  Prepare and recommend to the district school board for
209adoption a salary schedule or salary schedules.
210     (b)  In developing or recommending a salary schedule or
211salary schedules, the district school superintendent:
212     1.  The district school superintendent Must recommend a
213salary schedule for instructional personnel which bases a
214portion of each employee's compensation on performance
215demonstrated under s. 1012.34.
216     2.  In developing the recommended salary schedule, the
217district school superintendent Shall include input from parents,
218teachers, and representatives of the business community.
219     3.  Shall recommend a Beginning with the 2007-2008 academic
220year, the recommended salary schedule for classroom teachers
221shall be consistent with the district's differentiated-pay
222policy based upon s. 1012.22.
223     4.  Beginning with the 2009-2010 academic year, shall
224recommend increases to the salary schedules of administrative
225personnel or managers only if the salary schedules of
226instructional personnel, as defined in s. 1012.01(2), and
227educational support employees, as defined in s. 1012.01(6), have
228also been increased, before or at the same time as the proposed
229salary increases for administrative personnel or managers, by a
230percentage greater than that proposed for any of the
231administrative personnel or managers.
232     5.  Beginning with the 2009-2010 academic year, shall
233review the salary schedules of all administrative personnel and
234manager positions and ensure that no person is paid in excess of
235twice the district's average salary of classroom teachers for
236the prior academic year. If the school superintendent finds that
237a person is receiving more than twice the district's average
238salary of classroom teachers for the prior academic year, the
239school superintendent shall recommend corrective action to
240address the pay disparity by reducing the administrative
241personnel or manager salary or commensurately increasing the
242salary schedule and salaries of classroom teachers.
243     Section 4.  If any provision of this act or its application
244to any person or circumstance is held invalid, the invalidity
245does not affect other provisions or applications of the act
246which can be given effect without the invalid provision or
247application, and to this end the provisions of this act are
248severable.
249     Section 5.  This act shall take effect July 1, 2009.


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