Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1676
       
       
       
       
       
                                Barcode 465716                          
       
       602-02394E-09                                                   
       Proposed Committee Substitute by the Committee on Education Pre
       K - 12 Appropriations
    1                        A bill to be entitled                      
    2         An act relating to education funding; amending s.
    3         1001.20, F.S.; requiring that the Office of Technology
    4         and Information Services within the Office of the
    5         Commissioner of Education assist school districts in
    6         securing Internet access and telecommunications
    7         services that are eligible for funding under the
    8         Schools and Libraries Program of the federal Universal
    9         Service Fund; creating s. 1001.271, F.S.; requiring
   10         that the Commissioner of Education purchase the
   11         nondiscounted portion of Internet access services for
   12         the Florida Information Resource Network; requiring
   13         that each user of the network identify the source of
   14         funds in its requisition; amending s. 1001.28, F.S.;
   15         revising the Department of Education’s duties
   16         regarding distance learning; amending s. 1001.395,
   17         F.S.; requiring that the salary of district school
   18         board members be the same amount as the annual
   19         calculation or the salary of members of the
   20         Legislature, whichever is less, for a specified
   21         period; amending s. 1001.42, F.S.; clarifying
   22         provisions authorizing the payment of earned leave and
   23         benefits accrued by a district school board employee
   24         before his or her employment contract expires;
   25         amending s. 1001.451, F.S.; deleting certain dates
   26         relating to the amount of funding distributed to each
   27         school district and eligible member of a regional
   28         consortium service organization; amending s. 1001.47,
   29         F.S.; authorizing elected district school
   30         superintendents to reduce their salary rates on a
   31         voluntary basis; requiring that each elected district
   32         school superintendent’s salary be reduced by 5 percent
   33         for the 2009-2010 fiscal year; amending s. 1001.50,
   34         F.S.; clarifying provisions authorizing the payment of
   35         earned leave and benefits accrued by a district school
   36         superintendent before his or her employment contract
   37         terminates; limiting the amount of remuneration that a
   38         district school superintendent receives annually from
   39         state funds; providing a definition for the term
   40         “remuneration”; limiting the use of the
   41         superintendent’s compensation in calculating benefits
   42         under ch. 121, F.S.; encouraging district school
   43         boards and superintendents to review the
   44         superintendent’s annual remuneration for the 2009-2010
   45         fiscal year and mutually agree to at least a 5 percent
   46         reduction; amending s. 1002.33, F.S.; requiring that a
   47         charter school comply with the class-size
   48         requirements; amending s. 1002.37, F.S.; redefining
   49         the definition of the term “full-time equivalent
   50         student” as it relates to funding for the Florida
   51         Virtual School and virtual instruction; amending s.
   52         1002.45, F.S.; conforming provisions to changes made
   53         by the act; amending s. 1002.71, F.S.; revising
   54         provisions relating to the funding of prekindergarten
   55         programs; amending s. 1003.03, F.S.; extending dates
   56         relating to the calculation of the number of students
   57         for purposes of complying with the maximum-class-size
   58         requirement; providing duties for the Department of
   59         Education if the department determines that the number
   60         of students assigned to any individual class exceeds
   61         the class size maximum; providing for the reduction of
   62         the class-size-reduction operating categorical
   63         allocation under certain circumstances; requiring that
   64         the department prepare a simulated calculation;
   65         amending s. 1006.06, F.S.; revising provisions
   66         relating to school breakfast programs to include state
   67         allocations; amending s. 1006.28, F.S.; clarifying the
   68         definition of the term “adequate instructional
   69         materials”; amending s. 1006.36, F.S.; extending the
   70         term of adoption for instructional materials; amending
   71         s. 1006.40, F.S.; conforming provisions to changes
   72         made by the act; amending s. 1008.29, F.S.; requiring
   73         that the State Board of Education adopt rules
   74         establishing fees for the administration of the
   75         college-level communications and mathematics skills
   76         examination to public postsecondary students; amending
   77         s. 1008.41, F.S.; authorizing rather than requiring
   78         the Commissioner of Education to employ the Florida
   79         Information Resource Network to perform certain
   80         functions relating to workforce education; creating s.
   81         1010.06, F.S.; prohibiting the Division of Public
   82         Schools within the Department of Education from using
   83         state funds appropriated by the Legislature to pay
   84         indirect cost to a university, community college,
   85         school district, or other entity; amending s. 1010.11,
   86         F.S.; authorizing each district school board,
   87         community college board of trustees, and university
   88         board of trustees to electronically transfer funds for
   89         payment; amending s. 1011.09, F.S.; prohibiting a
   90         district school board from using funds for out-of
   91         state travel, cellular phones, cellular phone service,
   92         personal digital assistants, or any other mobile
   93         wireless communication device or service through any
   94         means, unless specifically approved by the district
   95         school board; amending s. 1011.18, F.S.; authorizing a
   96         district school superintendent to transfer funds from
   97         a district school depository to pay expenses,
   98         expenditures, or other disbursements if proper
   99         documentation is provided; amending s. 1011.60, F.S.;
  100         revising the minimum requirements for the Florida
  101         Education Finance Program relating to the term of
  102         operation; amending s. 1011.61, F.S.; redefining the
  103         term “full-time equivalent student”; amending s.
  104         1011.62, F.S.; requiring that a student who is
  105         enrolled in study hall not be included in the
  106         calculation of full-time equivalent student membership
  107         for funding purposes; decreasing the amount of certain
  108         bonuses for teachers; decreasing the value of full
  109         time equivalent student membership calculated on the
  110         basis of international baccalaureate examination
  111         scores; decreasing the value of full-time equivalent
  112         student membership calculated on the basis of college
  113         board advanced placement scores; decreasing the value
  114         of full-time equivalent student membership calculated
  115         on the basis of certification of successful completion
  116         of industry-certified career and professional academy
  117         programs; deleting certain provisions that provide a
  118         calculation for additional full-time equivalent
  119         membership for students enrolled in the Florida
  120         Virtual School; revising certain provisions relating
  121         to the amount that each school district is required to
  122         provide annually toward the cost of the Florida
  123         Education Finance Program; extending a date relating
  124         to categorical funds for instructional materials;
  125         deleting provisions relating to the total allocation
  126         of state funds to each district for current operation
  127         for the FEFP; creating s. 1011.675, F.S.; creating a
  128         discretionary bonus allocation for school districts to
  129         recognize and reward the outstanding performance of
  130         students, teachers, and school-based administrators;
  131         providing that the funds be allocated to each school
  132         district as provided in the General Appropriations
  133         Act; authorizing school districts to use the funds for
  134         certain programs or any other purpose it deems
  135         appropriate; repealing s. 1011.68(7), F.S., relating
  136         to funds for student transportation; removing a
  137         provision that authorizes a district school board to
  138         transfer funds to its Florida Education Finance
  139         Program; amending s. 1011.685, F.S.; revising
  140         provisions relating to class size reduction operating
  141         categorical funds; amending s. 1011.71, F.S.; revising
  142         certain provisions relating to the district school
  143         tax; waiving the three-fourths limit for certain
  144         lease-purchase agreements for a specified period;
  145         authorizing district school boards to levy an
  146         additional discretionary millage for certain
  147         operations; authorizing the Commissioner of Education
  148         to waive the equal-dollar reduction in Florida
  149         Education Finance Program funds if he or she finds
  150         that a school district acted in good faith; amending
  151         s. 1012.33, F.S.; revising provisions relating to
  152         contracts for instructional staff; advising a district
  153         school board not to enter into a new professional
  154         service contract if the only available funds are from
  155         nonrecurring Federal Stabilization Funds; amending s.
  156         1012.71, F.S.; authorizing the Department of Education
  157         to conduct a pilot program to determine the
  158         feasibility of managing the Florida Teachers Lead
  159         Program through a centralized electronic system;
  160         providing requirements for such pilot program;
  161         providing that participation in the pilot program is
  162         voluntary; authorizing the department to limit the
  163         number of participants to adequately test the
  164         viability of the pilot program; amending s. 1013.64,
  165         F.S.; requiring that the school districts of Wakulla
  166         County and Liberty County contribute specific millage
  167         amounts to the cost of current special facilities
  168         projects for specified fiscal years; repealing s. 9 of
  169         chapter 2008-142, Laws of Florida; abrogating the
  170         expiration of certain amendments relating to
  171         categorical funding for the operation of schools;
  172         providing for implementation of specified
  173         appropriations; providing for the incorporation by
  174         reference of certain calculations used by the
  175         Legislature for the 2009-2010 fiscal year; providing
  176         an effective date.
  177  
  178  Be It Enacted by the Legislature of the State of Florida:
  179  
  180         Section 1. Paragraph (a) of subsection (4) of section
  181  1001.20, Florida Statutes, is amended to read:
  182         1001.20 Department under direction of state board.—
  183         (4) The Department of Education shall establish the
  184  following offices within the Office of the Commissioner of
  185  Education which shall coordinate their activities with all other
  186  divisions and offices:
  187         (a) Office of Technology and Information Services.
  188  Responsible for developing a systemwide technology plan, making
  189  budget recommendations to the commissioner, providing data
  190  collection and management for the system, assisting school
  191  districts in securing Internet access and telecommunications
  192  services, including those eligible for funding under the Schools
  193  and Libraries Program of the federal Universal Service Fund, and
  194  coordinating services with other state, local, and private
  195  agencies. The office shall develop a method to address the need
  196  for a statewide approach to planning and operations of library
  197  and information services to achieve a single K-20 education
  198  system library information portal and a unified higher education
  199  library management system. The Florida Virtual School shall be
  200  administratively housed within the office.
  201         Section 2. Section 1001.271, Florida Statutes, is created
  202  to read:
  203         1001.271Florida Information Resource Network.—Upon
  204  requisition by school districts, community colleges,
  205  universities, or other eligible users of the Florida Information
  206  Resource Network, the Commissioner of Education shall purchase
  207  the nondiscounted portion of Internet access services,
  208  including, but not limited to, circuits, encryption, content
  209  filtering, support, and any other services needed for the
  210  effective and efficient operation of the network. Each user
  211  shall identify in its requisition the source of funds from which
  212  the commissioner is to make payments.
  213         Section 3. Subsection (2) of section 1001.28, Florida
  214  Statutes, is amended to read:
  215         1001.28 Distance learning duties.—The duties of the
  216  Department of Education concerning distance learning include,
  217  but are not limited to, the duty to:
  218         (2) Coordinate the use of existing resources, including,
  219  but not limited to, the state’s satellite transponders on the
  220  education satellites, the SUNCOM Network, the Florida
  221  Information Resource Network (FIRN), the Florida Knowledge
  222  Network, the Department of Management Services, the Department
  223  of Corrections, and the Department of Children and Family
  224  Services’ satellite communication facilities to support a
  225  statewide advanced telecommunications services and distance
  226  learning initiatives network.
  227  
  228  Nothing in this section shall be construed to abrogate,
  229  supersede, alter, or amend the powers and duties of any state
  230  agency, district school board, community college board of
  231  trustees, university board of trustees, the Board of Governors,
  232  or the State Board of Education.
  233         Section 4. Subsection (3) is added to section 1001.395,
  234  Florida Statutes, as amended by section 1 of chapter 2009-3,
  235  Laws of Florida, to read:
  236         1001.395 District school board members; compensation.—
  237         (3)Notwithstanding the provisions of this section and s.
  238  145.19, for the 2009-2010 fiscal year the salary of each
  239  district school board member shall be the amount calculated
  240  pursuant to subsection (1) or the salary of members of the
  241  Legislature, pursuant to s. 11.13 or any other law, whichever is
  242  less.
  243         Section 5. Subsection (25) of section 1001.42, Florida
  244  Statutes, as created by section 2 of chapter 2009-3, Laws of
  245  Florida, is amended to read:
  246         1001.42 Powers and duties of district school board.—The
  247  district school board, acting as a board, shall exercise all
  248  powers and perform all duties listed below:
  249         (25) EMPLOYMENT CONTRACTS.—On or after February 1, 2009, A
  250  district school board may not enter into an employment contract
  251  that is funded from state funds and that requires the district
  252  to pay from state funds an employee an amount in excess of 1
  253  year of the employee’s annual salary for termination, buy-out,
  254  or any other type of contract settlement. This subsection does
  255  not prohibit the payment of earned leave and benefits in
  256  accordance with the district’s leave and benefits policies which
  257  were accrued by the employee before the contract terminates.
  258         Section 6. Paragraph (c) of subsection (2) of section
  259  1001.451, Florida Statutes, is amended to read:
  260         1001.451 Regional consortium service organizations.—In
  261  order to provide a full range of programs to larger numbers of
  262  students, minimize duplication of services, and encourage the
  263  development of new programs and services:
  264         (2)
  265         (c) Notwithstanding paragraph (a), the appropriation for
  266  the 2008-2009 fiscal year may be less than $50,000 per school
  267  district and eligible member. If the amount appropriated is
  268  insufficient to provide $50,000, the funds available must be
  269  prorated among all eligible districts and members. This
  270  paragraph expires July 1, 2009.
  271         Section 7. Subsections (6) and (7) are added to section
  272  1001.47, Florida Statutes, to read:
  273         1001.47 District school superintendent; salary.—
  274         (6)Notwithstanding the provisions of this section and s.
  275  145.19, elected district school superintendents may reduce their
  276  salary rate on a voluntary basis.
  277         (7)Notwithstanding the provisions of this section and s.
  278  145.19, for the 2009-2010 fiscal year the salary of each elected
  279  district school superintendent calculated pursuant to s. 1001.47
  280  shall be reduced by 5 percent.
  281         Section 8. Subsection (2) of section 1001.50, Florida
  282  Statutes, as amended by section 3 of chapter 2009-3, Laws of
  283  Florida, is amended, and subsections (5) and (6) are added to
  284  that section, to read:
  285         1001.50 Superintendents employed under Art. IX of the State
  286  Constitution.—
  287         (2) The district school board of each of such districts
  288  shall enter into contracts of employment with the district
  289  school superintendent and shall adopt rules relating to his or
  290  her appointment; however, on or after February 1, 2009, the
  291  district school board may not enter into an employment contract
  292  that is funded from state funds and that requires the district
  293  to pay from state funds a superintendent an amount in excess of
  294  1 year of the superintendent’s annual salary for termination,
  295  buy-out, or any other type of contract settlement. This
  296  subsection does not prohibit the payment of earned leave and
  297  benefits in accordance with the district’s leave and benefits
  298  policies which were accrued by the superintendent before the
  299  contract terminates.
  300         (5)Notwithstanding any other law, resolution, or rule to
  301  the contrary, a district school superintendent employed under
  302  this section may not receive more than $225,000 in remuneration
  303  annually from state funds. As used in this subsection, the term
  304  “remuneration” means salary, bonuses, and cash-equivalent
  305  compensation paid to a district school superintendent by his or
  306  her employer for work performed, excluding health insurance
  307  benefits and retirement benefits. Only compensation, as defined
  308  in s. 121.021(22), which is provided to a district school
  309  superintendent may be used in calculating benefits under chapter
  310  121.
  311         (6)District school boards and superintendents employed
  312  pursuant to this section are encouraged to review the
  313  superintendent’s annual remuneration for the 2009-2010 fiscal
  314  year and mutually agree to a reduction of at least 5 percent.
  315         Section 9. Paragraph (a) of subsection (16) of section
  316  1002.33, Florida Statutes, is amended to read:
  317         1002.33 Charter schools.—
  318         (16) EXEMPTION FROM STATUTES.—
  319         (a) A charter school shall operate in accordance with its
  320  charter and shall be exempt from all statutes in chapters 1000
  321  1013. However, a charter school shall be in compliance with the
  322  following statutes in chapters 1000-1013:
  323         1. Those statutes specifically applying to charter schools,
  324  including this section.
  325         2. Those statutes pertaining to the student assessment
  326  program and school grading system.
  327         3. Those statutes pertaining to the provision of services
  328  to students with disabilities.
  329         4. Those statutes pertaining to civil rights, including s.
  330  1000.05, relating to discrimination.
  331         5. Those statutes pertaining to student health, safety, and
  332  welfare.
  333         6.Those statutes pertaining to class size.
  334         Section 10. Paragraphs (a) and (b) of subsection (3) of
  335  section 1002.37, Florida Statutes, are amended to read:
  336         1002.37 The Florida Virtual School.—
  337         (3) Funding for the Florida Virtual School shall be
  338  provided as follows:
  339         (a) A “full-time equivalent student” for the Florida
  340  Virtual School is one student who has successfully completed six
  341  credits in core curricula courses which that shall count toward
  342  the minimum number of credits required for high school
  343  graduation. A student who completes fewer less than six credits
  344  in core curricula courses shall be a fraction of a full-time
  345  equivalent student. Half-credit completions shall be included in
  346  determining a full-time equivalent student. Credit completed by
  347  a student in excess of the minimum required for that student for
  348  high school graduation is not eligible for funding.
  349         (b) Full-time equivalent student credit completed through
  350  the Florida Virtual School, including credits completed during
  351  the summer, shall be reported to the Department of Education in
  352  the manner prescribed by the department and shall be funded
  353  through the Florida Education Finance Program. The maximum value
  354  for funding a full-time equivalent student in kindergarten
  355  through grade 12, including credits earned through the Florida
  356  Virtual School during the summer, combined with credits and FTE
  357  earned through a school district may not exceed one full-time
  358  equivalent membership per student per year as provided in s.
  359  1011.61(4).
  360         Section 11. Paragraph (c) of subsection (7) of section
  361  1002.45, Florida Statutes, is amended to read:
  362         1002.45 School district virtual instruction programs.—
  363         (7) FUNDING.—
  364         (c)Full-time or part-time school district virtual
  365  instruction program courses provided under this section for
  366  students in grades 9 through 12 are limited to Department of
  367  Juvenile Justice programs, dropout prevention programs, and
  368  career and vocational programs.
  369         Section 12. Paragraph (a) of subsection (4) and paragraph
  370  (d) of subsection (6) of section 1002.71, Florida Statutes, as
  371  amended by section 7 of chapter 2009-3, Laws of Florida, are
  372  amended to read:
  373         1002.71 Funding; financial and attendance reporting.—
  374         (4) Notwithstanding s. 1002.53(3) and subsection (2):
  375         (a) A child who, for any of the prekindergarten programs
  376  listed in s. 1002.53(3), has not completed more than 70 10
  377  percent of the hours authorized to be reported for funding under
  378  subsection (2) may withdraw from the program for good cause and,
  379  reenroll in one of the programs, and be reported for funding
  380  purposes as a full-time equivalent student in the program for
  381  which the child is reenrolled. The total funding for a child who
  382  reenrolls in one of the programs for good cause may shall not
  383  exceed one full-time equivalent student. Funding for a child who
  384  withdraws and reenrolls in one of the programs for good cause
  385  shall be issued in accordance with the agency’s uniform
  386  attendance policy adopted pursuant to paragraph (6)(d).
  387  
  388  A child may reenroll only once in a prekindergarten program
  389  under this section. A child who reenrolls in a prekindergarten
  390  program under this subsection may not subsequently withdraw from
  391  the program and reenroll. The Agency for Workforce Innovation
  392  shall establish criteria specifying whether a good cause exists
  393  for a child to withdraw from a program under paragraph (a),
  394  whether a child has substantially completed a program under
  395  paragraph (b), and whether an extreme hardship exists which is
  396  beyond the child’s or parent’s control under paragraph (b).
  397         (6)
  398         (d) The Agency for Workforce Innovation shall adopt, for
  399  funding purposes, a uniform attendance policy for the Voluntary
  400  Prekindergarten Education Program. The attendance policy must
  401  apply statewide and apply equally to all private prekindergarten
  402  providers and public schools. The attendance policy must
  403  establish a minimum requirement for student attendance and
  404  include at least the following provisions:
  405         1. Beginning with the 2009-2010 fiscal year for school-year
  406  programs, a student’s attendance may be reported on a pro rata
  407  basis as a fractional part of a full-time equivalent student and
  408  the 2009 summer program, a student who meets the minimum
  409  requirement of 80 percent of the total number of hours for the
  410  program may be reported as a full-time equivalent student for
  411  funding purposes.
  412         2. At a maximum, 20 percent of the total payment made on
  413  behalf of a student to a private prekindergarten provider or a
  414  public school may be for hours a student is absent. A student
  415  who does not meet the minimum requirement may be reported only
  416  as a fractional part of a full-time equivalent student, reduced
  417  pro rata based on the student’s attendance.
  418         3. A private prekindergarten provider or public school may
  419  not receive payment for absences that occur before a student’s
  420  first day of attendance or after a student’s last day of
  421  attendance. A student who does not meet the minimum requirement
  422  may be reported as a full-time equivalent student if the student
  423  is absent for good cause in accordance with exceptions specified
  424  in the uniform attendance policy.
  425  
  426  The uniform attendance policy shall be used only for funding
  427  purposes and does not prohibit a private prekindergarten
  428  provider or public school from adopting and enforcing its
  429  attendance policy under paragraphs (a) and (c).
  430         Section 13. Paragraph (b) of subsection (2) and subsection
  431  (4) of section 1003.03, Florida Statutes, as amended by section
  432  9 of chapter 2009-3, Laws of Florida, are amended to read:
  433         1003.03 Maximum class size.—
  434         (2) IMPLEMENTATION.—
  435         (b) Determination of the number of students per classroom
  436  in paragraph (a) shall be calculated as follows:
  437         1. For fiscal years 2003-2004 through 2005-2006, the
  438  calculation for compliance for each of the 3 grade groupings
  439  shall be the average at the district level.
  440         2. For fiscal years 2006-2007 through 2009-2010 2008-2009,
  441  the calculation for compliance for each of the 3 grade groupings
  442  shall be the average at the school level.
  443         3. For fiscal year 2010-2011 2009-2010 and thereafter, the
  444  calculation for compliance shall be at the individual classroom
  445  level.
  446         4. For fiscal years 2006-2007 through 2009-2010 and
  447  thereafter, each teacher assigned to any classroom shall be
  448  included in the calculation for compliance.
  449         (4) ACCOUNTABILITY.—
  450         (a)1. Beginning in the 2009-2010 2003-2004 fiscal year, if
  451  the department determines for any year that a school district
  452  has not reduced average class size as required in subsection (2)
  453  at the time of the third FEFP calculation, the department shall
  454  calculate an amount from the class size reduction operating
  455  categorical which is proportionate to the amount of class size
  456  reduction not accomplished. Upon verification of the
  457  department’s calculation by the Florida Education Finance
  458  Program Appropriation Allocation Conference and not later than
  459  March 1 of each year, the Executive Office of the Governor shall
  460  transfer undistributed funds equivalent to the calculated amount
  461  from the district’s class size reduction operating categorical
  462  to an approved fixed capital outlay appropriation for class size
  463  reduction in the affected district pursuant to s. 216.292(2)(d).
  464  The amount of funds transferred shall be the lesser of the
  465  amount verified by the Florida Education Finance Program
  466  Appropriation Allocation Conference or the undistributed balance
  467  of the district’s class size reduction operating categorical.
  468         2. In lieu of the transfer required by subparagraph 1., the
  469  Commissioner of Education may recommend a budget amendment,
  470  subject to approval by the Legislative Budget Commission, to
  471  transfer an alternative amount of funds from the district’s
  472  class size reduction operating categorical to its approved fixed
  473  capital outlay account for class size reduction if the
  474  commissioner finds that the State Board of Education has
  475  reviewed evidence indicating that a district has been unable to
  476  meet class size reduction requirements despite appropriate
  477  effort to do so. The commissioner’s budget amendment must be
  478  submitted to the Legislative Budget Commission by February 15 of
  479  each year.
  480         3. For the 2007-2008 fiscal year and thereafter, if in any
  481  fiscal year funds from a district’s class size operating
  482  categorical are required to be transferred to its fixed capital
  483  outlay fund and the district’s class size operating categorical
  484  allocation in the General Appropriations Act for that fiscal
  485  year has been reduced by a subsequent appropriation, the
  486  Commissioner of Education may recommend a 50-percent reduction
  487  in the amount of the transfer.
  488         (b)Beginning in the 2010-2011 fiscal year and each year
  489  thereafter, if the department determines that the number of
  490  students assigned to any individual class exceeds the class size
  491  maximum, as required in subsection (2), at the time of the third
  492  FEFP calculation, the department shall:
  493         1.Identify, for each grade group, the number of classes in
  494  which the enrollment exceeds the maximum, the number of students
  495  which exceed the maximum for each such class, and the total
  496  number of students which exceed the maximum for all classes.
  497         2.Determine the number of full-time equivalent students
  498  which exceed the maximum class size for each grade group.
  499         3.Multiply the total number of FTE students which exceed
  500  the maximum class size for each grade group by the district’s
  501  FTE dollar amount of the class-size-reduction allocation for
  502  that year and calculate the total for all three grade groups.
  503         4.Reduce the district’s class-size-reduction operating
  504  categorical allocation by an amount equal to the sum of the
  505  calculation in subparagraph 3.
  506         (c)Upon verification of the department’s calculation by
  507  the Florida Education Finance Program Appropriation Allocation
  508  Conference and no later than March 1 of each year, the Executive
  509  Office of the Governor shall place these funds in reserve and
  510  the undistributed funds shall revert to the General Revenue Fund
  511  unallocated at the end of the fiscal year. The amount of funds
  512  reduced shall be the lesser of the amount verified by the
  513  Florida Education Finance Program Appropriation Allocation
  514  Conference or the undistributed balance of the district’s class
  515  size-reduction operating categorical allocation.
  516         (d)In lieu of the reduction calculation in paragraph (b),
  517  the Commissioner of Education may recommend a budget amendment,
  518  subject to approval of the Legislative Budget Commission, to
  519  reduce an alternative amount of funds from the district’s class
  520  size-reduction operating categorical allocation. The
  521  commissioner’s budget amendment must be submitted to the
  522  Legislative Budget Commission by February 15 of each year.
  523         (e)In addition to the calculation required in paragraph
  524  (a), at the time of the third FEFP calculation for the 2009-2010
  525  fiscal year, the department shall also prepare a simulated
  526  calculation based on the requirements in paragraphs (b) and (c)
  527  for the 2010-2011 fiscal year. This simulated calculation shall
  528  be provided to the school districts and the Legislature.
  529         (b)Beginning in the 2005-2006 school year, the department
  530  shall determine by January 15 of each year which districts have
  531  not met the two-student-per-year reduction required in
  532  subsection (2) based upon a comparison of the district’s October
  533  student membership survey for the current school year and the
  534  February 2003 baseline student membership survey. The department
  535  shall report such districts to the Legislature. Each district
  536  that has not met the two-student-per-year reduction shall be
  537  required to implement one of the following policies in the
  538  subsequent school year unless the department finds that the
  539  district comes into compliance based upon the February student
  540  membership survey:
  541         1.Year-round schools;
  542         2.Double sessions;
  543         3.Rezoning; or
  544         4.Maximizing use of instructional staff by changing
  545  required teacher loads and scheduling of planning periods,
  546  deploying school district employees who have professional
  547  certification to the classroom, using adjunct educators,
  548  operating schools beyond the normal operating hours to provide
  549  classes in the evening, or operating more than one session
  550  during the day.
  551  
  552  A school district that is required to implement one of the
  553  policies outlined in subparagraphs 1.-4. shall correct in the
  554  year of implementation any past deficiencies and bring the
  555  district into compliance with the two-student-per-year reduction
  556  goals established for the district by the department pursuant to
  557  subsection (2). A school district may choose to implement more
  558  than one of these policies. The district school superintendent
  559  shall report to the Commissioner of Education the extent to
  560  which the district implemented any of the policies outlined in
  561  subparagraphs 1.-4. in a format to be specified by the
  562  Commissioner of Education. The Department of Education shall use
  563  the enforcement authority provided in s. 1008.32 to ensure that
  564  districts comply with the provisions of this paragraph.
  565         (c)Beginning in the 2006-2007 school year, the department
  566  shall annually determine which districts do not meet the
  567  requirements described in subsection (2). In addition to
  568  enforcement authority provided in s. 1008.32, the Department of
  569  Education shall develop a constitutional compliance plan for
  570  each such district which includes, but is not limited to,
  571  redrawing school attendance zones to maximize use of facilities
  572  while minimizing the additional use of transportation unless the
  573  department finds that the district comes into compliance based
  574  upon the February student membership survey and the other
  575  accountability policies listed in paragraph (b). Each district
  576  school board shall implement the constitutional compliance plan
  577  developed by the state board until the district complies with
  578  the constitutional class size maximums.
  579         Section 14. Paragraph (b) of subsection (5) of section
  580  1006.06, Florida Statutes, is amended to read:
  581         1006.06 School food service programs.—
  582         (5)
  583         (b) Beginning with the 2009-2010 school year, each school
  584  district must annually set prices for breakfast meals at rates
  585  that, combined with federal reimbursements and state
  586  allocations, are sufficient to defray costs of school breakfast
  587  programs without requiring allocations from the district’s
  588  operating funds, except if the district school board approves
  589  lower rates.
  590         Section 15. Subsection (1) of section 1006.28, Florida
  591  Statutes, is amended to read:
  592         1006.28 Duties of district school board, district school
  593  superintendent; and school principal regarding K-12
  594  instructional materials.—
  595         (1) DISTRICT SCHOOL BOARD.—The district school board has
  596  the duty to provide adequate instructional materials for all
  597  students in accordance with the requirements of this part. The
  598  term “adequate instructional materials” means a sufficient
  599  number of textbooks or sets of materials that are available in
  600  bound, unbound, kit, or package form and may consist of hard
  601  backed or soft-backed textbooks, consumables, learning
  602  laboratories, manipulatives, electronic media, and computer
  603  courseware or software that serve serving as the basis for
  604  instruction for each student in the core courses of mathematics,
  605  language arts, social studies, science, reading, and literature,
  606  except for instruction for which the school advisory council
  607  approves the use of a program that does not include a textbook
  608  as a major tool of instruction. The district school board has
  609  the following specific duties:
  610         (a) Courses of study; adoption.—Adopt courses of study for
  611  use in the schools of the district.
  612         (b) Textbooks.—Provide for proper requisitioning,
  613  distribution, accounting, storage, care, and use of all
  614  instructional materials furnished by the state and furnish such
  615  other instructional materials as may be needed. The district
  616  school board shall assure that instructional materials used in
  617  the district are consistent with the district goals and
  618  objectives and the curriculum frameworks adopted by rule of the
  619  State Board of Education, as well as with the state and district
  620  performance standards provided for in s. 1001.03(1).
  621         (c) Other instructional materials.—Provide such other
  622  teaching accessories and aids as are needed for the school
  623  district’s educational program.
  624         (d) School library media services; establishment and
  625  maintenance.—Establish and maintain a program of school library
  626  media services for all public schools in the district, including
  627  school library media centers, or school library media centers
  628  open to the public, and, in addition such traveling or
  629  circulating libraries as may be needed for the proper operation
  630  of the district school system.
  631         Section 16. Section 1006.36, Florida Statutes, is amended
  632  to read:
  633         1006.36 Term of adoption for instructional materials.—
  634         (1) The term of adoption of any instructional materials
  635  must be an 8-year a 6-year period beginning on April 1 following
  636  the adoption, except that the commissioner may approve terms of
  637  adoption of less than 8 6 years for materials in content areas
  638  which require more frequent revision. Any contract for
  639  instructional materials may be extended as prescribed in s.
  640  1006.34(3).
  641         (2) The department shall publish annually an official
  642  schedule of subject areas to be called for adoption for each of
  643  the succeeding 2 years, and a tentative schedule for years 3, 4,
  644  5, and 6, 7, and 8. If extenuating circumstances warrant, the
  645  commissioner may order the department to add one or more subject
  646  areas to the official schedule, in which event the commissioner
  647  shall develop criteria for such additional subject area or areas
  648  and make them available to publishers as soon as practicable
  649  before the date on which bids are due. The schedule shall be
  650  developed so as to promote balance among the subject areas so
  651  that the required expenditure for new instructional materials is
  652  approximately the same each year in order to maintain curricular
  653  consistency.
  654         Section 17. Paragraph (a) of subsection (2) of section
  655  1006.40, Florida Statutes, as amended by section 10 of chapter
  656  2009-3, Laws of Florida, is amended to read:
  657         1006.40 Use of instructional materials allocation;
  658  instructional materials, library books, and reference books;
  659  repair of books.—
  660         (2)(a) Each district school board must purchase current
  661  instructional materials to provide each student with a textbook
  662  or other instructional materials as a major tool of instruction
  663  in core courses of the appropriate subject areas of mathematics,
  664  language arts, science, social studies, reading, and literature
  665  for kindergarten through grade 12. Such purchase must be made
  666  within the first 2 years after the effective date of the
  667  adoption cycle; however, this requirement is waived for the
  668  adoption cycle occurring in the 2008-2009 academic year, and is
  669  waived for the 2009-2010 academic year if the district certifies
  670  to the Commissioner of Education that the district has
  671  sufficient instructional materials to implement the newly
  672  adopted state standards for mathematics. Unless specifically
  673  provided for in the General Appropriations Act, the cost of
  674  instructional materials purchases required by this paragraph
  675  shall not exceed the amount of the district’s allocation for
  676  instructional materials, pursuant to s. 1011.67, for the
  677  previous 2 years.
  678         Section 18. Subsection (7) of section 1008.29, Florida
  679  Statutes, is amended to read:
  680         1008.29 College-level communication and mathematics skills
  681  examination (CLAST).—
  682         (7) The State Board of Education, by rule, shall establish
  683  fees for the administration of the examination to public and
  684  private postsecondary students.
  685         Section 19. Paragraph (c) of subsection (1) of section
  686  1008.41, Florida Statutes, is amended to read:
  687         1008.41 Workforce education; management information
  688  system.—
  689         (1) The Commissioner of Education shall coordinate uniform
  690  program structures, common definitions, and uniform management
  691  information systems for workforce education for all divisions
  692  within the department. In performing these functions, the
  693  commissioner shall designate deadlines after which data elements
  694  may not be changed for the coming fiscal or school year. School
  695  districts and community colleges shall be notified of data
  696  element changes at least 90 days prior to the start of the
  697  subsequent fiscal or school year. Such systems must provide for:
  698         (c) Maximum use of automated technology and records in
  699  existing databases and data systems. To the extent feasible, the
  700  Florida Information Resource Network may shall be employed for
  701  this purpose.
  702         Section 20. Section 1010.06, Florida Statutes, is created
  703  to read:
  704         1010.06Indirect cost limitation.—State funds appropriated
  705  by the Legislature to the Division of Public Schools within the
  706  Department of Education may not be used to pay indirect cost to
  707  a university, community college, school district, or any other
  708  entity.
  709         Section 21. Section 1010.11, Florida Statutes, is amended
  710  to read:
  711         1010.11 Electronic transfer of funds.—Pursuant to the
  712  provisions of s. 215.85, each district school board, community
  713  college board of trustees, and university board of trustees
  714  shall adopt written policies prescribing the accounting and
  715  control procedures under which any funds under their control are
  716  allowed to be moved by electronic transaction for any purpose
  717  including direct deposit, wire transfer, withdrawal, or
  718  investment, or payment. Electronic transactions shall comply
  719  with the provisions of chapter 668.
  720         Section 22. Subsection (4) is added to section 1011.09,
  721  Florida Statutes, to read:
  722         1011.09 Expenditure of funds by district school board.—All
  723  state funds apportioned to the credit of any district constitute
  724  a part of the district school fund of that district and must be
  725  budgeted and expended under authority of the district school
  726  board subject to the provisions of law and rules of the State
  727  Board of Education.
  728         (4)During the 2009-2010 fiscal year, unless specifically
  729  approved by the district school board, public funds may not be
  730  expended for out-of-state travel or cellular phones, cellular
  731  phone service, personal digital assistants, or any other mobile
  732  wireless communication device or service, including text
  733  messaging, whether through purchasing, leasing, contracting, or
  734  any other method.
  735         Section 23. Subsection (4) of section 1011.18, Florida
  736  Statutes, is amended to read:
  737         1011.18 School depositories; payments into and withdrawals
  738  from depositories.—
  739         (4) HOW FUNDS DRAWN FROM DEPOSITORIES.—All money drawn from
  740  any district school depository holding same as prescribed herein
  741  shall be upon a check or warrant drawn on authority of the
  742  district school board as prescribed by law. Each check or
  743  warrant shall be signed by the chair or, in his or her absence,
  744  the vice chair of the district school board and countersigned by
  745  the district school superintendent, with corporate seal of the
  746  school board affixed. However, as a matter of convenience, the
  747  corporate seal of the district school board may be printed upon
  748  the warrant and a proper record of such warrant shall be
  749  maintained. The district school board may by resolution, a copy
  750  of which must be delivered to the depository, provide for
  751  internal funds to be withdrawn from any district depository by a
  752  check duly signed by at least two bonded school employees
  753  designated by the board to be responsible for administering such
  754  funds. However, the district school superintendent or his or her
  755  designee, after having been by resolution specifically
  756  authorized by the district school board, may transfer funds from
  757  one depository to another, within a depository, to another
  758  institution, or from another institution to a depository for
  759  investment purposes and may transfer funds to pay expenses,
  760  expenditures, or other disbursements that must be evidenced by
  761  an invoice or other appropriate documentation in a similar
  762  manner when the transfer does not represent an expenditure,
  763  advance, or reduction of cash assets. Such transfer may be made
  764  by electronic, telephonic, or other medium; and each transfer
  765  shall be confirmed in writing and signed by the district school
  766  superintendent or his or her designee.
  767         Section 24. Subsection (2) and paragraphs (d) and (f) of
  768  subsection (3) of section 1011.60, Florida Statutes, are amended
  769  to read:
  770         1011.60 Minimum requirements of the Florida Education
  771  Finance Program.—Each district which participates in the state
  772  appropriations for the Florida Education Finance Program shall
  773  provide evidence of its effort to maintain an adequate school
  774  program throughout the district and shall meet at least the
  775  following requirements:
  776         (2) MINIMUM TERM.—Operate all schools for a term of at
  777  least 180 actual teaching days or the equivalent on an hourly
  778  basis as specified by rules of the State Board of Education each
  779  school year. The State Board of Education may prescribe
  780  procedures for altering, and, upon written application, may
  781  alter, this requirement during a national, state, or local
  782  emergency as it may apply to an individual school or schools in
  783  any district or districts if, in the opinion of the board, it is
  784  not feasible to make up lost days or hours, and the
  785  apportionment may, at the discretion of the Commissioner of
  786  Education and if the board determines that the reduction of
  787  school days or hours is caused by the existence of a bona fide
  788  emergency, be reduced for such district or districts in
  789  proportion to the decrease in the length of term in any such
  790  school or schools. A strike, as defined in s. 447.203(6), by
  791  employees of the school district may not be considered an
  792  emergency.
  793         (3) EMPLOYMENT POLICIES.—Adopt rules relating to the
  794  appointment, promotion, transfer, suspension, and dismissal of
  795  personnel.
  796         (d) District school boards may authorize a maximum of six
  797  paid legal holidays which shall apply to the total annual number
  798  of 196 days of service adopted by the board.
  799         (f) Such rules must not require more than 10 12 calendar
  800  months of service for such principals and other school site
  801  administrators as prescribed by rules of the State Board of
  802  Education and may must require up to 10 months to include not
  803  less than 196 days of service, excluding Sundays and other
  804  holidays, for all members of the instructional staff. Principals
  805  and other school site administrators may serve more than 10
  806  calendar months of service if specifically approved by the
  807  district school board, and with any such service on a 12-month
  808  basis may to include reasonable allowance for vacation or
  809  further study as prescribed by the school board in accordance
  810  with rules of the State Board of Education.
  811         Section 25. Paragraph (c) of subsection (1) of section
  812  1011.61, Florida Statutes, is amended to read:
  813         1011.61 Definitions.—Notwithstanding the provisions of s.
  814  1000.21, the following terms are defined as follows for the
  815  purposes of the Florida Education Finance Program:
  816         (1) A “full-time equivalent student” in each program of the
  817  district is defined in terms of full-time students and part-time
  818  students as follows:
  819         (c)1. A “full-time equivalent student” is:
  820         a. A full-time student in any one of the programs listed in
  821  s. 1011.62(1)(c); or
  822         b. A combination of full-time or part-time students in any
  823  one of the programs listed in s. 1011.62(1)(c) which is the
  824  equivalent of one full-time student based on the following
  825  calculations:
  826         (I) A full-time student, except a postsecondary or adult
  827  student or a senior high school student enrolled in adult
  828  education when such courses are required for high school
  829  graduation, in a combination of programs listed in s.
  830  1011.62(1)(c) shall be a fraction of a full-time equivalent
  831  membership in each special program equal to the number of net
  832  hours per school year for which he or she is a member, divided
  833  by the appropriate number of hours set forth in subparagraph
  834  (a)1. or subparagraph (a)2. The difference between that fraction
  835  or sum of fractions and the maximum value as set forth in
  836  subsection (4) for each full-time student is presumed to be the
  837  balance of the student’s time not spent in such special
  838  education programs and shall be recorded as time in the
  839  appropriate basic program.
  840         (II) A prekindergarten handicapped student shall meet the
  841  requirements specified for kindergarten students.
  842         (III) A full-time equivalent student for students in grades
  843  K-8 in a school district virtual instruction program as provided
  844  in s. 1002.45 shall consist of a student who has successfully
  845  completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
  846  and who is promoted to a higher grade level.
  847         (IV) A full-time equivalent student for students in grades
  848  9-12 in a school district virtual instruction program as
  849  provided in s. 1002.45 shall consist of six full credit
  850  completions in programs listed in s. 1011.62(1)(c)1. and 3 4.
  851  Credit completions can be a combination of either full credits
  852  or half credits.
  853         (V) A Florida Virtual School full-time equivalent student
  854  shall consist of six full credit completions in the programs
  855  listed in s. 1011.62(1)(c)1.b. for grades 6 through 8 and the
  856  programs listed in s. 1011.62(1)(c)1.c. for grades 9 through 12
  857  s. 1011.62(1)(c)1. and 4. Credit completions can be a
  858  combination of either full credits or half credits.
  859         (VI) Each successfully completed credit earned under the
  860  alternative high school course credit requirements authorized in
  861  s. 1002.375, which is not reported as a portion of the 900 net
  862  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  863  calculated as 1/6 FTE.
  864         2. A student in membership in a program scheduled for more
  865  or less than 180 school days is a fraction of a full-time
  866  equivalent membership equal to the number of instructional hours
  867  in membership divided by the appropriate number of hours set
  868  forth in subparagraph (a)1.; however, for the purposes of this
  869  subparagraph, membership in programs scheduled for more than 180
  870  days is limited to students enrolled in juvenile justice
  871  education programs and the Florida Virtual School.
  872  
  873  The department shall determine and implement an equitable method
  874  of equivalent funding for experimental schools and for schools
  875  operating under emergency conditions, which schools have been
  876  approved by the department to operate for less than the minimum
  877  school day.
  878         Section 26. Present paragraphs (l) through (o) of
  879  subsection (1) of section 1011.62, Florida Statutes, are amended
  880  and redesignated as paragraphs (m) through (p), respectively,
  881  present paragraph (p) is deleted, paragraph (l) is added to that
  882  subsection, and paragraph (a) of subsection (4), paragraph (b)
  883  of subsection (6), and paragraph (a) of subsection (12) of that
  884  section are amended, to read:
  885         1011.62 Funds for operation of schools.—If the annual
  886  allocation from the Florida Education Finance Program to each
  887  district for operation of schools is not determined in the
  888  annual appropriations act or the substantive bill implementing
  889  the annual appropriations act, it shall be determined as
  890  follows:
  891         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  892  OPERATION.—The following procedure shall be followed in
  893  determining the annual allocation to each district for
  894  operation:
  895         (l)Study hall.—A student who is enrolled in study hall may
  896  not be included in the calculation of full-time equivalent
  897  student membership for funding under this section.
  898         (m)(l)Calculation of additional full-time equivalent
  899  membership based on international baccalaureate examination
  900  scores of students.—A value of 0.08 0.16 full-time equivalent
  901  student membership shall be calculated for each student enrolled
  902  in an international baccalaureate course who receives a score of
  903  4 or higher on a subject examination. A value of 0.16 0.3 full
  904  time equivalent student membership shall be calculated for each
  905  student who receives an international baccalaureate diploma.
  906  Such value shall be added to the total full-time equivalent
  907  student membership in basic programs for grades 9 through 12 in
  908  the subsequent fiscal year. The school district shall distribute
  909  to each classroom teacher who provided international
  910  baccalaureate instruction:
  911         1. A bonus in the amount of $40 $50 for each student taught
  912  by the International Baccalaureate teacher in each international
  913  baccalaureate course who receives a score of 4 or higher on the
  914  international baccalaureate examination.
  915         2. An additional bonus of $400 $500 to each International
  916  Baccalaureate teacher in a school designated with a grade of “D”
  917  or “F” who has at least one student scoring 4 or higher on the
  918  international baccalaureate examination, regardless of the
  919  number of classes taught or of the number of students scoring a
  920  4 or higher on the international baccalaureate examination.
  921  
  922  Bonuses awarded to a teacher according to this paragraph shall
  923  not exceed $1,600 $2,000 in any given school year and shall be
  924  in addition to any regular wage or other bonus the teacher
  925  received or is scheduled to receive.
  926         (n)(m)Calculation of additional full-time equivalent
  927  membership based on Advanced International Certificate of
  928  Education examination scores of students.—A value of 0.08 0.16
  929  full-time equivalent student membership shall be calculated for
  930  each student enrolled in a full-credit Advanced International
  931  Certificate of Education course who receives a score of E or
  932  higher on a subject examination. A value of 0.04 0.08 full-time
  933  equivalent student membership shall be calculated for each
  934  student enrolled in a half-credit Advanced International
  935  Certificate of Education course who receives a score of E or
  936  higher on a subject examination. A value of 0.16 0.3 full-time
  937  equivalent student membership shall be calculated for each
  938  student who receives an Advanced International Certificate of
  939  Education diploma. Such value shall be added to the total full
  940  time equivalent student membership in basic programs for grades
  941  9 through 12 in the subsequent fiscal year. The school district
  942  shall distribute to each classroom teacher who provided Advanced
  943  International Certificate of Education instruction:
  944         1. A bonus in the amount of $40 $50 for each student taught
  945  by the Advanced International Certificate of Education teacher
  946  in each full-credit Advanced International Certificate of
  947  Education course who receives a score of E or higher on the
  948  Advanced International Certificate of Education examination. A
  949  bonus in the amount of $20 $25 for each student taught by the
  950  Advanced International Certificate of Education teacher in each
  951  half-credit Advanced International Certificate of Education
  952  course who receives a score of E or higher on the Advanced
  953  International Certificate of Education examination.
  954         2. An additional bonus of $400 $500 to each Advanced
  955  International Certificate of Education teacher in a school
  956  designated with a grade of “D” or “F” who has at least one
  957  student scoring E or higher on the full-credit Advanced
  958  International Certificate of Education examination, regardless
  959  of the number of classes taught or of the number of students
  960  scoring an E or higher on the full-credit Advanced International
  961  Certificate of Education examination.
  962         3. Additional bonuses of $200 $250 each to teachers of
  963  half-credit Advanced International Certificate of Education
  964  classes in a school designated with a grade of “D” or “F” which
  965  has at least one student scoring an E or higher on the half
  966  credit Advanced International Certificate of Education
  967  examination in that class. The maximum additional bonus for a
  968  teacher awarded in accordance with this subparagraph shall not
  969  exceed $500 in any given school year. Teachers receiving an
  970  award under subparagraph 2. are not eligible for a bonus under
  971  this subparagraph.
  972  
  973  Bonuses awarded to a teacher according to this paragraph shall
  974  not exceed $1,600 $2,000 in any given school year and shall be
  975  in addition to any regular wage or other bonus the teacher
  976  received or is scheduled to receive.
  977         (o)(n)Calculation of additional full-time equivalent
  978  membership based on college board advanced placement scores of
  979  students.—A value of 0.08 0.16 full-time equivalent student
  980  membership shall be calculated for each student in each advanced
  981  placement course who receives a score of 3 or higher on the
  982  College Board Advanced Placement Examination for the prior year
  983  and added to the total full-time equivalent student membership
  984  in basic programs for grades 9 through 12 in the subsequent
  985  fiscal year. Each district must allocate at least 80 percent of
  986  the funds provided to the district for advanced placement
  987  instruction, in accordance with this paragraph, to the high
  988  school that generates the funds. The school district shall
  989  distribute to each classroom teacher who provided advanced
  990  placement instruction:
  991         1. A bonus in the amount of $40 $50 for each student taught
  992  by the Advanced Placement teacher in each advanced placement
  993  course who receives a score of 3 or higher on the College Board
  994  Advanced Placement Examination.
  995         2. An additional bonus of $400 $500 to each Advanced
  996  Placement teacher in a school designated with a grade of “D” or
  997  “F” who has at least one student scoring 3 or higher on the
  998  College Board Advanced Placement Examination, regardless of the
  999  number of classes taught or of the number of students scoring a
 1000  3 or higher on the College Board Advanced Placement Examination.
 1001  
 1002  Bonuses awarded to a teacher according to this paragraph shall
 1003  not exceed $1,600 $2,000 in any given school year and shall be
 1004  in addition to any regular wage or other bonus the teacher
 1005  received or is scheduled to receive.
 1006         (p)(o)Calculation of additional full-time equivalent
 1007  membership based on certification of successful completion of
 1008  industry-certified career and professional academy programs
 1009  pursuant to s. 1003.492.—A value of 0.16 0.3 full-time
 1010  equivalent student membership shall be calculated for each
 1011  student who completes an industry-certified career and
 1012  professional academy program under s. 1003.492 and who is issued
 1013  the highest level of industry certification and a high school
 1014  diploma. Such value shall be added to the total full-time
 1015  equivalent student membership in secondary career education
 1016  programs for grades 9 through 12 in the subsequent year for
 1017  courses that were not funded through dual enrollment. The
 1018  additional full-time equivalent membership authorized under this
 1019  paragraph may not exceed 0.16 0.3 per student. Unless a
 1020  different amount is specified in the General Appropriations Act,
 1021  the appropriation for this calculation is limited to $8 $15
 1022  million annually. If the appropriation is insufficient to fully
 1023  fund the total calculation, the appropriation shall be prorated.
 1024         (p)Calculation of additional full-time equivalent
 1025  membership for the Florida Virtual School.—The total reported
 1026  full-time equivalent student membership for the Florida Virtual
 1027  School shall be multiplied by 0.114, and such value shall be
 1028  added to the total full-time equivalent student membership.
 1029         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 1030  Legislature shall prescribe the aggregate required local effort
 1031  for all school districts collectively as an item in the General
 1032  Appropriations Act for each fiscal year. The amount that each
 1033  district shall provide annually toward the cost of the Florida
 1034  Education Finance Program for kindergarten through grade 12
 1035  programs shall be calculated as follows:
 1036         (a) Estimated taxable value calculations.—
 1037         1.a. Not later than 2 working days prior to July 19, the
 1038  Department of Revenue shall certify to the Commissioner of
 1039  Education its most recent estimate of the taxable value for
 1040  school purposes in each school district and the total for all
 1041  school districts in the state for the current calendar year
 1042  based on the latest available data obtained from the local
 1043  property appraisers. Not later than July 19, the Commissioner of
 1044  Education shall compute a millage rate, rounded to the next
 1045  highest one one-thousandth of a mill, which, when applied to 95
 1046  percent of the estimated state total taxable value for school
 1047  purposes, would generate the prescribed aggregate required local
 1048  effort for that year for all districts. The Commissioner of
 1049  Education shall certify to each district school board the
 1050  millage rate, computed as prescribed in this subparagraph, as
 1051  the minimum millage rate necessary to provide the district
 1052  required local effort for that year.
 1053         b. The General Appropriations Act shall direct the
 1054  computation of the statewide adjusted aggregate amount for
 1055  required local effort for all school districts collectively from
 1056  ad valorem taxes to ensure that no school district’s revenue
 1057  from required local effort millage will produce more than 90
 1058  percent of the district’s total Florida Education Finance
 1059  Program calculation as calculated and adopted by the
 1060  Legislature, and the adjustment of the required local effort
 1061  millage rate of each district that produces more than 90 percent
 1062  of its total Florida Education Finance Program entitlement to a
 1063  level that will produce only 90 percent of its total Florida
 1064  Education Finance Program entitlement in the July calculation.
 1065         2. As revised data are received from property appraisers,
 1066  the Department of Revenue shall amend the certification of the
 1067  estimate of the taxable value for school purposes.
 1068         (6) CATEGORICAL FUNDS.—
 1069         (b) If a district school board finds and declares in a
 1070  resolution adopted at a regular meeting of the school board that
 1071  the funds received for any of the following categorical
 1072  appropriations are urgently needed to maintain school board
 1073  specified academic classroom instruction, the school board may
 1074  consider and approve an amendment to the school district
 1075  operating budget transferring the identified amount of the
 1076  categorical funds to the appropriate account for expenditure:
 1077         1. Funds for student transportation.
 1078         2. Funds for safe schools.
 1079         3. Funds for supplemental academic instruction.
 1080         4. Funds for research-based reading instruction.
 1081         5. Funds for instructional materials if all instructional
 1082  material purchases have been completed for that fiscal year, but
 1083  no sooner than March 1, 2010 2009.
 1084         (12) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
 1085  CURRENT OPERATION.—The total annual state allocation to each
 1086  district for current operation for the FEFP shall be distributed
 1087  periodically in the manner prescribed in the General
 1088  Appropriations Act.
 1089         (a) The basic amount for current operation for the FEFP as
 1090  determined in subsection (1), multiplied by the district cost
 1091  differential factor as determined in subsection (2), plus the
 1092  amounts provided for categorical components within the FEFP,
 1093  plus the discretionary millage compression supplement as
 1094  determined in subsection (5), the amount for the sparsity
 1095  supplement as determined in subsection (7), the decline in full
 1096  time equivalent students as determined in subsection (8), the
 1097  research-based reading instruction allocation as determined in
 1098  subsection (9), the allocation for juvenile justice education
 1099  programs as determined in subsection (10), the quality assurance
 1100  guarantee as determined in subsection (11), less the required
 1101  local effort as determined in subsection (4). If the funds
 1102  appropriated for the purpose of funding the total amount for
 1103  current operation for the FEFP as provided in this paragraph are
 1104  not sufficient to pay the state requirement in full, the
 1105  department shall prorate the available state funds to each
 1106  district in the following manner:
 1107         1. Determine the percentage of proration by dividing the
 1108  sum of the total amount for current operation, as provided in
 1109  this paragraph for all districts collectively, and the total
 1110  district required local effort into the sum of the state funds
 1111  available for current operation and the total district required
 1112  local effort.
 1113         2. Multiply the percentage so determined by the sum of the
 1114  total amount for current operation as provided in this paragraph
 1115  and the required local effort for each individual district.
 1116         3. From the product of such multiplication, subtract the
 1117  required local effort of each district; and the remainder shall
 1118  be the amount of state funds allocated to the district for
 1119  current operation.
 1120         Section 27. The amendments made by this act to subsection
 1121  (1) of section 1011.62, Florida Statutes, except for newly
 1122  created paragraph (l), shall apply to bonuses earned in the
 1123  2008-2009 fiscal year for funding in the 2009-2010 fiscal year.
 1124         Section 28. Section 1011.675, Florida Statutes, is created
 1125  to read:
 1126         1011.675Discretionary bonus allocation for outstanding
 1127  performance.—
 1128         (1)A discretionary bonus allocation is created for school
 1129  districts to recognize and reward the outstanding performance of
 1130  students, teachers, and school-based administrators in an amount
 1131  to be determined by the Legislature. The funds shall be
 1132  allocated to each school district as provided in the General
 1133  Appropriations Act.
 1134         (2)Notwithstanding the provisions of s. 1012.225, relating
 1135  to the Merit Award Program for Instructional Personnel and
 1136  School-Based Administrators, and s. 1012.72, relating to the
 1137  Excellent Teaching Program, during the 2009-2010 and 2010-2011
 1138  fiscal years, school districts may use the funds received under
 1139  this section for any or all of the programs listed in this
 1140  subsection or for any other purpose that the district school
 1141  board deems appropriate.
 1142         Section 29. Subsection (7) of section 1011.68, Florida
 1143  Statutes, is repealed.
 1144         Section 30. Section 1011.685, Florida Statutes, is amended
 1145  to read:
 1146         1011.685 Class size reduction; operating categorical fund.—
 1147         (1) There is created an operating categorical fund for
 1148  implementing the class size reduction provisions of s. 1, Art.
 1149  IX of the State Constitution. These funds shall be allocated to
 1150  each school district in the amount prescribed by the Legislature
 1151  in the General Appropriations Act.
 1152         (2) Class size reduction operating categorical funds shall
 1153  be used by school districts to reduce class size as required in
 1154  s. 1003.03, or the funds may be used for any lawful operating
 1155  expenditure; however, priority shall be given to increasing
 1156  salaries of classroom teachers. for the following:
 1157         (a)To reduce class size in any lawful manner, if the
 1158  district has not met the constitutional maximums identified in
 1159  s. 1003.03(1) or the reduction of two students per year required
 1160  by s. 1003.03(2).
 1161         (b)For any lawful operating expenditure, if the district
 1162  has met the constitutional maximums identified in s. 1003.03(1)
 1163  or the reduction of two students per year required by s.
 1164  1003.03(2); however, priority shall be given to increase
 1165  salaries of classroom teachers as defined in s. 1012.01(2)(a)
 1166  and to implement the differentiated-pay provisions detailed in
 1167  s. 1012.22.
 1168         Section 31. Subsections (2), (3), and (4) of section
 1169  1011.71, Florida Statutes, as amended by section 12 of chapter
 1170  2009-3, Laws of Florida, are amended, and subsection (9) is
 1171  added to that section, to read:
 1172         1011.71 District school tax.—
 1173         (2) In addition to the maximum millage levy as provided in
 1174  subsection (1), each school board may levy not more than 1.5
 1175  1.75 mills against the taxable value for school purposes for
 1176  district schools, including charter schools at the discretion of
 1177  the school board, to fund:
 1178         (a) New construction and remodeling projects, as set forth
 1179  in s. 1013.64(3)(b) and (6)(b) and included in the district’s
 1180  educational plant survey pursuant to s. 1013.31, without regard
 1181  to prioritization, sites and site improvement or expansion to
 1182  new sites, existing sites, auxiliary facilities, athletic
 1183  facilities, or ancillary facilities.
 1184         (b) Maintenance, renovation, and repair of existing school
 1185  plants or of leased facilities to correct deficiencies pursuant
 1186  to s. 1013.15(2).
 1187         (c) The purchase, lease-purchase, or lease of school buses.
 1188         (d) Effective July 1, 2008, the purchase, lease-purchase,
 1189  or lease of new and replacement equipment, and enterprise
 1190  resource software applications that are classified as capital
 1191  assets in accordance with definitions of the Governmental
 1192  Accounting Standards Board, have a useful life of at least 5
 1193  years, and are used to support districtwide administration or
 1194  state-mandated reporting requirements.
 1195         (e) Payments for educational facilities and sites due under
 1196  a lease-purchase agreement entered into by a district school
 1197  board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
 1198  exceeding, in the aggregate, an amount equal to three-fourths of
 1199  the proceeds from the millage levied by a district school board
 1200  pursuant to this subsection. For the 2009-2010 fiscal year, the
 1201  three-fourths limit is waived for lease-purchase agreements
 1202  entered into before June 30, 2009, by a district school board
 1203  pursuant to this paragraph.
 1204         (f) Payment of loans approved pursuant to ss. 1011.14 and
 1205  1011.15.
 1206         (g) Payment of costs directly related to complying with
 1207  state and federal environmental statutes, rules, and regulations
 1208  governing school facilities.
 1209         (h) Payment of costs of leasing relocatable educational
 1210  facilities, of renting or leasing educational facilities and
 1211  sites pursuant to s. 1013.15(2), or of renting or leasing
 1212  buildings or space within existing buildings pursuant to s.
 1213  1013.15(4).
 1214         (i) Payment of the cost of school buses when a school
 1215  district contracts with a private entity to provide student
 1216  transportation services if the district meets the requirements
 1217  of this paragraph.
 1218         1. The district’s contract must require that the private
 1219  entity purchase, lease-purchase, or lease, and operate and
 1220  maintain, one or more school buses of a specific type and size
 1221  that meet the requirements of s. 1006.25.
 1222         2. Each such school bus must be used for the daily
 1223  transportation of public school students in the manner required
 1224  by the school district.
 1225         3. Annual payment for each such school bus may not exceed
 1226  10 percent of the purchase price of the state pool bid.
 1227         4. The proposed expenditure of the funds for this purpose
 1228  must have been included in the district school board’s notice of
 1229  proposed tax for school capital outlay as provided in s.
 1230  200.065(10).
 1231         (j) Payment of the cost of the opening day collection for
 1232  the library media center of a new school.
 1233         (3) If the revenue from the millage authorized in
 1234  subsection (2) is insufficient to make payments due under a
 1235  lease-purchase agreement entered into prior to June 30, 2008, by
 1236  a district school board pursuant to paragraph (2)(e), an amount
 1237  up to 0.5 0.25 mills of the taxable value for school purposes
 1238  within the school district shall be legally available for such
 1239  payments, notwithstanding other restrictions on the use of such
 1240  revenues imposed by law.
 1241         (4) Effective July 1, 2008, and through June 30, 2010, a
 1242  school district may expend, subject to the provisions of s.
 1243  200.065, up to $100 per unweighted full-time equivalent student
 1244  from the revenue generated by the millage levy authorized by
 1245  subsection (2) to fund, in addition to expenditures authorized
 1246  in paragraphs (2)(a)-(j), expenses for the following:
 1247         (a) The purchase, lease-purchase, or lease of driver’s
 1248  education vehicles; motor vehicles used for the maintenance or
 1249  operation of plants and equipment; security vehicles; or
 1250  vehicles used in storing or distributing materials and
 1251  equipment.
 1252         (b) Payment of the cost of premiums for property and
 1253  casualty insurance necessary to insure school district
 1254  educational and ancillary plants. Operating revenues that are
 1255  made available through the payment of property and casualty
 1256  insurance premiums from revenues generated under this subsection
 1257  may be expended only for nonrecurring operational expenditures
 1258  of the school district.
 1259         (9)Notwithstanding subsection (2), for the 2009-2010
 1260  fiscal year, if the revenue from 1.5 mills is insufficient to
 1261  meet the payments due under a lease-purchase agreement entered
 1262  into before June 30, 2009, by a district school board pursuant
 1263  to paragraph (2)(e), or to meet other critical district fixed
 1264  capital outlay needs, the board, in addition to the 1.5 mills,
 1265  may levy up to 0.25 mills for fixed capital outlay in lieu of
 1266  levying an equivalent amount of the discretionary mills for
 1267  operations as provided in the General Appropriations Act for
 1268  2009-2010. Millage levied pursuant to this subsection is subject
 1269  to the provisions of s. 200.065 and, combined with the 1.5 mills
 1270  authorized in subsection (2), may not exceed 1.75 mills. If the
 1271  district chooses to use up to .25 mills for fixed capital
 1272  outlay, the compression adjustment pursuant to s. 1011.62(5)
 1273  shall be calculated for the standard discretionary millage that
 1274  is not eligible for transfer to capital outlay.
 1275         Section 32. If the Commissioner of Education determines
 1276  that a school district acted in good faith, he or she may waive
 1277  the equal-dollar reduction, required in s. 1011.71(5), Florida
 1278  Statutes, for audit findings during the 2007-2008 fiscal year
 1279  which were related to the purchase of software.
 1280         Section 33. Paragraph (g) of subsection (3) of section
 1281  1012.33, Florida Statutes, is amended, and subsection (9) is
 1282  added to that section, to read:
 1283         1012.33 Contracts with instructional staff, supervisors,
 1284  and school principals.—
 1285         (3)
 1286         (g) Beginning July 1, 2001, for each employee who enters
 1287  into a written contract, pursuant to this section, in a school
 1288  district in which the employee was not employed as of June 30,
 1289  2001, or was employed as of June 30, 2001, but has since broken
 1290  employment with that district for 1 school year or more, for
 1291  purposes of pay, a district school board must recognize and
 1292  accept each year of full-time public school teaching service
 1293  earned in the State of Florida or outside the state and for
 1294  which the employee received a satisfactory performance
 1295  evaluation; however, an employee may voluntarily waive this
 1296  provision. Instructional personnel employed pursuant to s.
 1297  121.091(9)(b)3. are exempt from the provisions of this
 1298  paragraph.
 1299         (9)Notwithstanding this section or any other law or rule
 1300  to the contrary, for the 2009-2010 and 2010-2011 fiscal years,
 1301  district school boards should not enter into a new professional
 1302  service contract if the only funds available to pay such
 1303  contract are from nonrecurring Federal Stabilization Funds.
 1304         Section 34. Subsection (6) is added to section 1012.71,
 1305  Florida Statutes, to read:
 1306         1012.71 The Florida Teachers Lead Program.—
 1307         (6)For the 2009-2010 fiscal year, the Department of
 1308  Education is authorized to conduct a pilot program to determine
 1309  the feasibility of managing the Florida Teachers Lead Program
 1310  through a centralized electronic system. The pilot program must:
 1311         (a)Be established through a competitive process;
 1312         (b)Provide the capability for participating teachers to
 1313  purchase from online sources;
 1314         (c)Provide the capability for participating teachers to
 1315  purchase from local vendors by means other than online
 1316  purchasing;
 1317         (d)Generally comply with the provisions of this section;
 1318         (e)Be subject to annual auditing requirements to ensure
 1319  accountability for funds received and disbursed; and
 1320         (f)Provide for all unused funds to be returned to the
 1321  state at the close of each fiscal year.
 1322  
 1323  Any participation in this pilot program by school districts and
 1324  individual teachers must be on a voluntary basis. The department
 1325  may limit the number of participating districts to the number it
 1326  deems feasible to adequately test the viability of the pilot
 1327  program. The department is not required to implement this pilot
 1328  program if it determines that the number of school districts
 1329  willing to participate is insufficient to adequately test the
 1330  viability of the pilot program.
 1331         Section 35. Paragraph (b) of subsection (6) of section
 1332  1013.64, Florida Statutes, is amended, as amended by section 14
 1333  of chapter 2009-3, Laws of Florida, and subsection (7) is added
 1334  to that section, to read:
 1335         1013.64 Funds for comprehensive educational plant needs;
 1336  construction cost maximums for school district capital
 1337  projects.—Allocations from the Public Education Capital Outlay
 1338  and Debt Service Trust Fund to the various boards for capital
 1339  outlay projects shall be determined as follows:
 1340         (6)
 1341         (b)1. A district school board, including a district school
 1342  board of an academic performance-based charter school district,
 1343  must not use funds from the following sources: Public Education
 1344  Capital Outlay and Debt Service Trust Fund; School District and
 1345  Community College District Capital Outlay and Debt Service Trust
 1346  Fund; Classrooms First Program funds provided in s. 1013.68;
 1347  effort index grant funds provided in s. 1013.73; nonvoted 1.5
 1348  mill 1.75-mill levy of ad valorem property taxes provided in s.
 1349  1011.71(2); Classrooms for Kids Program funds provided in s.
 1350  1013.735; District Effort Recognition Program funds provided in
 1351  s. 1013.736; or High Growth District Capital Outlay Assistance
 1352  Grant Program funds provided in s. 1013.738 for any new
 1353  construction of educational plant space with a total cost per
 1354  student station, including change orders, that equals more than:
 1355         a. $17,952 for an elementary school,
 1356         b. $19,386 for a middle school, or
 1357         c. $25,181 for a high school,
 1358  
 1359  (January 2006) as adjusted annually to reflect increases or
 1360  decreases in the Consumer Price Index.
 1361         2. A district school board must not use funds from the
 1362  Public Education Capital Outlay and Debt Service Trust Fund or
 1363  the School District and Community College District Capital
 1364  Outlay and Debt Service Trust Fund for any new construction of
 1365  an ancillary plant that exceeds 70 percent of the average cost
 1366  per square foot of new construction for all schools.
 1367         (7)Notwithstanding subsection (2), the district school
 1368  board of Wakulla County shall contribute 1 mill in the 2009-2010
 1369  fiscal year and 0.50 mill in the 2010-2011 fiscal year to the
 1370  cost of currently funded special facilities construction
 1371  projects. The district school board of Liberty County shall
 1372  contribute 1 mill in the 2009-2010 fiscal year, 1 mill in the
 1373  2010-2011 fiscal year, and 1 mill in the 2011-2012 fiscal year.
 1374         Section 36. Section 9 of chapter 2008-142, Laws of Florida,
 1375  is repealed.
 1376         Section 37. In order to implement Specific Appropriations
 1377  ##,##, and ## through ## of the General Appropriations Act for
 1378  the 2009-2010 fiscal year, the calculations of the Florida
 1379  Education Finance Program for the 2009-2010 fiscal year in the
 1380  document entitled “Public School Funding - The Florida Education
 1381  Finance Program,” dated April ##, 2009, and filed with the
 1382  Secretary of the Senate are incorporated by reference for the
 1383  purpose of displaying the calculations used by the Legislature,
 1384  consistent with requirements of the Florida Statutes, in making
 1385  appropriations for the Florida Education Finance Program.
 1386         Section 38. This act shall take effect July 1, 2009.
 1387