Florida Senate - 2009 SB 2466 By Senator Villalobos 38-01157B-09 20092466__ 1 A bill to be entitled 2 An act relating to school districts; creating s. 3 1001.454, F.S.; providing for the recall of district 4 school board members; providing applicability; 5 providing requirements for the petition for recall and 6 the signature process; providing requirements for the 7 recall election; requiring that the ballot for recall 8 contain certain statements; amending s. 1012.22, F.S.; 9 requiring that each district school board adopt the 10 district school superintendent's recommendations 11 relating to compensation and salary schedules unless 12 66 percent of the district school board members vote 13 to reject such recommendations; amending s. 1012.27, 14 F.S.; revising provisions relating to the district 15 school superintendent's duty to prepare and recommend 16 salary schedules for adoption by the district school 17 board; prohibiting the school superintendent from 18 recommending an increase in salary schedules of 19 administrative personnel or managers if the salary 20 schedules of instructional personnel and educational 21 support employees have not been increased; requiring 22 that the school superintendent review the salary 23 schedules of all administrative personnel and managers 24 to ensure that no person is paid in excess of twice 25 the district’s average salary of classroom teachers 26 for the prior academic year; requiring that the school 27 superintendent recommend corrective action to address 28 any pay disparity; providing for severability; 29 providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 1001.454, Florida Statutes, is created 34 to read: 35 1001.454 Recall of district school board members.— 36 (1) APPLICATION.—Any member of a district school board may 37 be recalled and removed from office by the electors of the 38 district. 39 (a) If a board member is elected for single-member 40 representation within the residence areas of a district pursuant 41 to s. 1001.362, only electors from that area may sign the 42 petition to recall the member and vote in the recall election. 43 (b) If the board member is elected at-large or by the 44 electors of an entire district pursuant to s. 1001.361, all the 45 electors of the district may sign the petition to recall the 46 member and vote in the recall election. 47 (c) In addition to other procedures provided by law, board 48 members may be removed from office pursuant to the procedures 49 provided in this section. 50 (2) RECALL PETITION.— 51 (a) Petition content.—A petition for recall shall contain 52 the name of the person who is to be recalled and the position he 53 or she currently holds. 54 (b) Requisite signatures.— 55 1. In a district or a district school board member 56 residence area having fewer than 500 registered electors, the 57 petition must be signed by at least 50 electors or by 10 percent 58 of the total number of registered electors in the district or 59 district school board member residence area as of the preceding 60 district election, whichever is greater. 61 2. In a district or a district school board member 62 residence area having 500 or more but fewer than 2,000 63 registered electors, the petition must be signed by at least 100 64 electors or by 10 percent of the total number of registered 65 electors of the district or district school board member 66 residence area as of the preceding district election, whichever 67 is greater. 68 3. In a district or a district school board member 69 residence area having 2,000 or more but fewer than 5,000 70 registered electors, the petition must be signed by at least 250 71 electors or by 10 percent of the total number of registered 72 electors of the district or district school board member 73 residence area as of the preceding district election, whichever 74 is greater. 75 4. In a district or a district school board member 76 residence area having 5,000 or more but fewer than 10,000 77 registered electors, the petition must be signed by at least 500 78 electors or by 10 percent of the total number of registered 79 electors of the district or district school board member 80 residence area as of the preceding district election, whichever 81 is greater. 82 5. In a district or a district school board member 83 residence area having 10,000 or more but fewer than 25,000 84 registered electors, the petition must be signed by at least 85 1,000 electors or by 10 percent of the total number of 86 registered electors of the district or district school board 87 member residence area as of the preceding district election, 88 whichever is greater. 89 6. In a district or a district school board member 90 residence area having 25,000 or more registered electors, the 91 petition must be signed by at least 1,000 electors or by 5 92 percent of the total number of registered electors of the 93 district or district school board member residence area as of 94 the preceding district election, whichever is greater. 95 (c) Signature process.—Each elector who signs a petition 96 for recall shall sign and date his or her name in ink or 97 indelible pencil. Each petition shall contain appropriate lines 98 for each elector's original signature, printed name, street 99 address, city, county, voter registration number or date of 100 birth, and date signed. 101 (d) Filing of signed petitions.—All signed petitions shall 102 be filed at the same time, no later than 90 days after the date 103 on which the first signature is obtained, with the auditor or 104 clerk of the school board, or his or her representative. A 105 petition may not be amended after it is filed with the auditor 106 or the clerk, or his or her representative. 107 (e) Verification of signatures.— 108 1. Immediately after the filing of a petition, the clerk 109 shall submit the petition to the county supervisor of elections. 110 No more than 30 days after the date on which all petitions are 111 received, the supervisor of elections shall promptly verify the 112 signatures in accordance with s. 99.097 and determine whether 113 the requisite number of valid signatures has been obtained. Any 114 party who seeks verification of the signatures must submit a 115 payment in advance to the supervisor of elections in the amount 116 of 10 cents for each signature checked or the actual cost of 117 checking such signatures, whichever is less. 118 2. If the supervisor of elections determines that the 119 petition does not contain the requisite number of verified and 120 valid signatures, the clerk shall, upon receipt of such written 121 determination, certify to the school board that the requisite 122 number of verified and valid signatures has not been obtained 123 and file the petition without taking further action. Additional 124 names may not be added to the petition and the petition may not 125 be used in any other proceeding. 126 3. If the supervisor of elections determines that the 127 petition has the requisite number of verified and valid 128 signatures, he or she shall request that the chief judge of the 129 judicial circuit in which the school district is located fix a 130 day for holding the recall election. 131 4. Upon request, the auditor or the clerk, or his or her 132 representative, shall make the petition and all subsequent 133 papers or forms required or permitted to be filed in compliance 134 with this section available in alternative formats. 135 (3) RECALL ELECTION.—A recall election shall be held not 136 less than 30 days or more than 60 days after the supervisor of 137 elections requests the election and at the same time as any 138 other general or special election held within the period. If the 139 election is not held within the required period, the judge shall 140 call a special recall election to be held within the period 141 provided in this subsection. 142 (4) BALLOTS.— 143 (a) The ballot at the recall election must state the 144 following: “Shall....be removed from the office of....by 145 recall?” 146 (b) The following propositions must be stated after each 147 question on the ballot: 148 1. “[Name of person] should be removed from office.” 149 2. “[Name of person] should not be removed from office.” 150 (5) RESULTS OF RECALL ELECTION.—If a majority of the 151 electors votes to not remove the member from office, the member 152 shall continue to serve in office under the terms of his or her 153 preceding election. If the majority of electors votes to recall 154 the member, he or she shall, regardless of any defect in the 155 recall petition, be deemed removed from office immediately. 156 (6) FILLING OF VACANCIES.—Any vacancy created by recall 157 shall be filled by appointment in accordance with s. 1001.38. 158 Section 2. Paragraph (c) of subsection (1) of section 159 1012.22, Florida Statutes, is amended to read: 160 1012.22 Public school personnel; powers and duties of the 161 district school board.—The district school board shall: 162 (1) Designate positions to be filled, prescribe 163 qualifications for those positions, and provide for the 164 appointment, compensation, promotion, suspension, and dismissal 165 of employees as follows, subject to the requirements of this 166 chapter: 167 (c) Compensation and salary schedules.— 168 1. The district school board shall adopt a salary schedule 169 or salary schedules designed to furnish incentives for 170 improvement in training and for continued efficient service to 171 be used as a basis for paying all school employees and fix and 172 authorize the compensation of school employees on the basis 173 thereof. 174 2. A district school board, in determining the salary 175 schedule for instructional personnel, must base a portion of 176 each employee's compensation on performance demonstrated under 177 s. 1012.34, must consider the prior teaching experience of a 178 person who has been designated state teacher of the year by any 179 state in the United States, and must consider prior professional 180 experience in the field of education gained in positions in 181 addition to district level instructional and administrative 182 positions. 183 3. In developing the salary schedule, the district school 184 board shall seek input from parents, teachers, and 185 representatives of the business community. 186 4. Beginning with the 2007-2008 academic year, each 187 district school board shall adopt a salary schedule with 188 differentiated pay for both instructional personnel and school 189 based administrators. The salary schedule is subject to 190 negotiation as provided in chapter 447 and must allow 191 differentiated pay based on district-determined factors, 192 including, but not limited to, additional responsibilities, 193 school demographics, critical shortage areas, and level of job 194 performance difficulties. 195 5. Beginning with the 2009-2010 academic year, each 196 district school board shall adopt the district school 197 superintendent's recommendations relating to the compensation 198 and salary schedules pursuant to s. 1012.27(2) unless 66 percent 199 of the district school board members vote to reject such 200 recommendations. 201 Section 3. Subsection (2) of section 1012.27, Florida 202 Statutes, is amended to read: 203 1012.27 Public school personnel; powers and duties of 204 district school superintendent.—The district school 205 superintendent is responsible for directing the work of the 206 personnel, subject to the requirements of this chapter, and in 207 addition the district school superintendent shall perform the 208 following: 209 (2) COMPENSATION AND SALARY SCHEDULES.— 210 (a) Prepare and recommend to the district school board for 211 adoption a salary schedule or salary schedules. 212 (b) In developing or recommending a salary schedule or 213 salary schedules, the district school superintendent: 214 1.The district school superintendentMust recommend a 215 salary schedule for instructional personnel which bases a 216 portion of each employee's compensation on performance 217 demonstrated under s. 1012.34. 218 2.In developing the recommended salary schedule, the219district school superintendentShall include input from parents, 220 teachers, and representatives of the business community. 221 3. Shall recommend aBeginning with the 2007-2008 academic222year, the recommendedsalary schedule for classroom teachers 223shall beconsistent with the district's differentiated-pay 224 policy based upon s. 1012.22. 225 4. Beginning with the 2009-2010 academic year, shall 226 recommend increases to the salary schedules of administrative 227 personnel or managers only if the salary schedules of 228 instructional personnel, as defined in s. 1012.01(2), and 229 educational support employees, as defined in s. 1012.01(6), have 230 also been increased, before or at the same time as the proposed 231 salary increases for administrative personnel or managers, by a 232 percentage greater than that proposed for any of the 233 administrative personnel or managers. 234 5. Beginning with the 2009-2010 academic year, shall review 235 the salary schedules of all administrative personnel and manager 236 positions and ensure that no person is paid in excess of twice 237 the district’s average salary of classroom teachers for the 238 prior academic year. If the school superintendent finds that a 239 person is receiving more than twice the district’s average 240 salary of classroom teachers for the prior academic year, the 241 school superintendent shall recommend corrective action to 242 address the pay disparity by reducing the administrative 243 personnel or manager salary or commensurately increasing the 244 salary schedule and salaries of classroom teachers. 245 Section 4. If any provision of this act or its application 246 to any person or circumstance is held invalid, the invalidity 247 does not affect other provisions or applications of the act 248 which can be given effect without the invalid provision or 249 application, and to this end the provisions of this act are 250 severable. 251 Section 5. This act shall take effect July 1, 2009.