CS/HB 5005

1	A bill to be entitled
2	An act relating to education funding; amending s. 1001.20,
3	F.S.; providing additional responsibilities of the Office
4	of Technology and Information Services in the Office of
5	the Commissioner of Education; creating s. 1001.271, F.S.;
6	requiring the commissioner to purchase a portion of
7	Internet access services for the Florida Information
8	Resource Network; amending s. 1001.28, F.S.; revising the
9	Department of Education's duties concerning distance
10	learning; amending s. 1001.395, F.S.; requiring that the
11	salary of district school board members be the same as the
12	annual calculation or the salary of members of the
13	Legislature, whichever is less, for a specified period;
14	amending s. 1001.42, F.S.; providing for the operation of
15	schools for a term of 180 days or the equivalent on an
16	hourly basis; clarifying provisions authorizing the
17	payment of earned leave and benefits accrued by a district
18	school board employee before his or her employment
19	contract expires; amending s. 1001.451, F.S.; revising
20	provisions relating to the funding of regional consortium
21	service organizations; amending s. 1001.47, F.S.;
22	authorizing elected district school superintendents to
23	reduce their salary rates on a voluntary basis; requiring
24	that each elected superintendent's salary be reduced by 5
25	percent for the 2009-2010 fiscal year; amending s.
26	1001.50, F.S.; clarifying provisions authorizing payment
27	of earned leave and benefits accrued by a superintendent
28	before his or her employment contract terminates; limiting
29	the use of compensation in calculating benefits;
30	encouraging review and reduction of compensation; amending
31	s. 1002.37, F.S.; restricting funds for the Florida
32	Virtual School; amending s. 1002.43, F.S.; conforming
33	provisions; amending s. 1002.45, F.S.; revising provisions
34	relating to the provision of and access to school district
35	virtual instruction programs and the provider and
36	accountability requirements for such programs; revising
37	marketing provisions; deleting obsolete provisions;
38	amending s. 1002.71, F.S.; revising provisions relating to
39	the funding of prekindergarten programs; revising
40	requirements for the Voluntary Prekindergarten Education
41	Program attendance policy; amending s. 1003.02, F.S.;
42	providing for the operation of schools for a term of 180
43	days or the equivalent on an hourly basis; amending s.
44	1003.03, F.S.; extending dates relating to the calculation
45	of the number of students for purposes of complying with
46	the class size requirements; amending s. 1004.55, F.S.;
47	revising provisions relating to the location and service
48	area of a regional autism center; amending s. 1006.06,
49	F.S.; revising provisions relating to school breakfast
50	programs to include state allocations; amending s.
51	1006.28, F.S.; clarifying the definition of the term
52	"adequate instructional materials"; amending s. 1006.40,
53	F.S.; revising provisions relating to the purchase of
54	instructional materials; amending s. 1008.29, F.S.;
55	revising provisions relating to the establishment of fees
56	for the College-level communications and mathematics
57	skills examination; amending s. 1008.41, F.S.; authorizing
58	rather than requiring the commissioner to employ the
59	Florida Information Resource Network for workforce
60	education data management; amending s. 1010.11, F.S.;
61	providing for the electronic transfer of funds for certain
62	payments; amending s. 1011.18, F.S.; providing for the
63	transfer of funds from depositories for certain payments;
64	amending s. 1011.60, F.S.; revising the minimum
65	requirements for the Florida Education Finance Program
66	relating to the term of operation; providing for 196 days
67	of service or the equivalent on an hourly basis for
68	certain school district personnel; amending s. 1011.61,
69	F.S.; redefining the term "full-time equivalent student";
70	amending s. 1011.62, F.S.; requiring that a student who is
71	enrolled in study hall or participates in on-the-job
72	training may not be included in the calculation of full-
73	time equivalent student membership for funding purposes;
74	revising provisions relating to the final calculation of
75	taxable value for purposes of required local effort;
76	extending a date relating to categorical funds for
77	instructional materials; revising the calculation for the
78	total allocation of state funds to districts for current
79	operations; repealing s. 1011.69(4)(b), F.S., relating to
80	funds excluded from allocations under the Equity in
81	School-Level Funding Act; amending s. 1011.71, F.S.;
82	reducing the authorized millage levy for capital
83	improvement; revising provisions that authorize the
84	expenditure of such millage; waiving the limit for
85	payments under certain lease-purchase agreements for a
86	specified period; authorizing waiver of certain equal
87	dollar reductions; authorizing district school boards to
88	levy additional millage for certain purposes for a
89	specified period; providing restrictions and for certain
90	calculation; amending s. 1011.73, F.S.; correcting a
91	cross-reference; amending s. 1012.33, F.S.; extending the
92	period of service for annual contract school personnel
93	under certain circumstances; deleting provisions relating
94	to the acceptance of certain teacher service; amending s.
95	1012.59, F.S.; revising personnel certification fee
96	provisions; amending s. 1012.71, F.S.; authorizing the
97	department to conduct a pilot program to determine the
98	feasibility of managing the Florida Teachers Lead Program
99	through a centralized electronic system; amending s.
100	1012.72, F.S.; providing requirements for bonuses under
101	the Dale Hickam Excellent Teaching Program; authorizing
102	rules; amending s. 1013.62, F.S.; providing additional
103	uses for charter school capital outlay funds; amending s.
104	1013.64, F.S.; conforming provisions; requiring certain
105	school districts to contribute specified millage amounts
106	for special facilities construction projects; repealing s.
107	9 of ch. 2008-142, Laws of Florida; abrogating the
108	expiration of certain amendments relating to categorical
109	funding for the operation of schools; providing for
110	implementation of specified appropriations; providing for
111	the incorporation by reference of certain calculations
112	used by the Legislature for the 2009-2010 fiscal year;
113	providing for retroactive operation of specified
114	provisions of the act; providing an effective date.
115
116	Be It Enacted by the Legislature of the State of Florida:
117
118	Section 1.  Paragraph (a) of subsection (4) of section
119	1001.20, Florida Statutes, is amended to read:
120	1001.20  Department under direction of state board.--
121	(4)  The Department of Education shall establish the
122	following offices within the Office of the Commissioner of
123	Education which shall coordinate their activities with all other
124	divisions and offices:
125	(a)  Office of Technology and Information
126	Services.--Responsible for developing a systemwide technology
127	plan, making budget recommendations to the commissioner,
128	providing data collection and management for the system,
129	assisting school districts in securing Internet access and
130	telecommunications services, including those eligible for
131	funding under the Schools and Libraries Program of the federal
132	Universal Service Fund, and coordinating services with other
133	state, local, and private agencies. The office shall develop a
134	method to address the need for a statewide approach to planning
135	and operations of library and information services to achieve a
136	single K-20 education system library information portal and a
137	unified higher education library management system. The Florida
138	Virtual School shall be administratively housed within the
139	office.
140	Section 2.  Section 1001.271, Florida Statutes, is created
141	to read:
142	1001.271  Florida Information Resource Network.--Upon
143	requisition by school districts, community colleges,
144	universities, or other eligible users of the Florida Information
145	Resource Network, the Commissioner of Education shall purchase
146	the nondiscounted portion of Internet access services,
147	including, but not limited to, circuits, encryption, content
148	filtering, support, and any other services needed for the
149	effective and efficient operation of the network. Each user
150	shall identify in its requisition the source of funds from which
151	the commissioner is to make payments.
152	Section 3.  Subsection (2) of section 1001.28, Florida
153	Statutes, is amended to read:
154	1001.28  Distance learning duties.--The duties of the
155	Department of Education concerning distance learning include,
156	but are not limited to, the duty to:
157	(2)  Coordinate the use of existing resources, including,
158	but not limited to, the state's satellite transponders on the
159	education satellites, the SUNCOM Network, the Florida
160	Information Resource Network (FIRN), and the Florida Knowledge
161	Network the Department of Management Services, the Department of
162	Corrections, and the Department of Children and Family Services'
163	satellite communication facilities to support a statewide
164	advanced telecommunications services and distance learning
165	initiatives network.
166
167	Nothing in this section shall be construed to abrogate,
168	supersede, alter, or amend the powers and duties of any state
169	agency, district school board, community college board of
170	trustees, university board of trustees, the Board of Governors,
171	or the State Board of Education.
172	Section 4.  Subsection (3) is added to section 1001.395,
173	Florida Statutes, as amended by chapter 2009-3, Laws of Florida,
174	to read:
175	1001.395  District school board members; compensation.--
176	(3)  Notwithstanding the provisions of this section and s.
177	145.19, for the 2009-2010 fiscal year, the salary of each
178	district school board member shall be the amount calculated
179	pursuant to subsection (1) or the salary of members of the
180	Legislature, pursuant to s. 11.13 or any other law, whichever is
181	less.
182	Section 5.  Paragraph (a) of subsection (12) and subsection
183	(25) of section 1001.42, Florida Statutes, as amended by chapter
184	2009-3, Laws of Florida, are amended to read:
185	1001.42  Powers and duties of district school board.--The
186	district school board, acting as a board, shall exercise all
187	powers and perform all duties listed below:
188	(12)  FINANCE.--Take steps to assure students adequate
189	educational facilities through the financial procedure
190	authorized in chapters 1010 and 1011 and as prescribed below:
191	(a)  Provide for all schools to operate at least 180
192	days.--Provide for the operation of all public schools, both
193	elementary and secondary, as free schools for a term of at least
194	180 days or the equivalent on an hourly basis as specified by
195	rules of the State Board of Education; determine district school
196	funds necessary in addition to state funds to operate all
197	schools for such minimum term; and arrange for the levying of
198	district school taxes necessary to provide the amount needed
199	from district sources.
200	(25)  EMPLOYMENT CONTRACTS.--On or after February 1, 2009,
201	A district school board may not enter into an employment
202	contract that is funded from state funds and that requires the
203	district to pay from state funds an employee an amount in excess
204	of 1 year of the employee's annual salary for termination, buy-
205	out, or any other type of contract settlement. This subsection
206	does not prohibit the payment of earned leave and benefits in
207	accordance with the district's leave and benefits policies which
208	are accrued by the employee before the contract terminates.
209	Section 6.  Paragraph (c) of subsection (2) of section
210	1001.451, Florida Statutes, is amended to read:
211	1001.451  Regional consortium service organizations.--In
212	order to provide a full range of programs to larger numbers of
213	students, minimize duplication of services, and encourage the
214	development of new programs and services:
215	(2)
216	(c)  Notwithstanding paragraph (a), the appropriation for
217	the 2008-2009 fiscal year may be less than $50,000 per school
218	district and eligible member. If the amount appropriated is
219	insufficient to provide $50,000, the funds available must be
220	prorated among all eligible districts and members. This
221	paragraph expires July 1, 2009.
222	Section 7.  Subsections (6) and (7) are added to section
223	1001.47, Florida Statutes, to read:
224	1001.47  District school superintendent; salary.--
225	(6)  Notwithstanding the provisions of this section and s.
226	145.19, elected district school superintendents may reduce their
227	salary rates on a voluntary basis.
228	(7)  Notwithstanding the provisions of this section and s.
229	145.19, for the 2009-2010 fiscal year, the salary of each
230	elected district school superintendent calculated pursuant to
231	this section shall be reduced by 5 percent.
232	Section 8.  Subsection (2) of section 1001.50, Florida
233	Statutes, as amended by chapter 2009-3, Laws of Florida, is
234	amended, and subsections (5) and (6) are added to that section,
235	to read:
236	1001.50  Superintendents employed under Art. IX of the
237	State Constitution.--
238	(2)  The district school board of each of such districts
239	shall enter into contracts of employment with the district
240	school superintendent and shall adopt rules relating to his or
241	her appointment; however, on or after February 1, 2009, the
242	district school board may not enter into an employment contract
243	that is funded from state funds and that requires the district
244	to pay from state funds a superintendent an amount in excess of
245	1 year of the superintendent's annual salary for termination,
246	buy-out, or any other type of contract settlement. This
247	subsection does not prohibit the payment of earned leave and
248	benefits in accordance with the district's leave and benefits
249	policies which are accrued by the superintendent before the
250	contract terminates.
251	(5)  Notwithstanding any other law, resolution, or rule to
252	the contrary, a district school superintendent employed under
253	this section may not receive more than $225,000 in remuneration
254	annually from state funds. "Remuneration" means salary, bonuses,
255	and cash-equivalent compensation paid to a district school
256	superintendent by his or her employer for work performed,
257	excluding health insurance benefits and retirement benefits.
258	Only compensation, as defined in s. 121.021(22), that is
259	provided to a superintendent may be used in calculating benefits
260	under chapter 121.
261	(6)  District school boards and district school
262	superintendents employed pursuant to this section are encouraged
263	to review the superintendent's annual remuneration for the 2009-
264	2010 fiscal year and mutually agree to a reduction of at least 5
265	percent.
266	Section 9.  Paragraph (c) of subsection (1) of section
267	1002.43, Florida Statutes, is amended to read:
268	1002.43  Private tutoring programs.--
269	(1)  Regular school attendance as defined in s. 1003.01(13)
270	may be achieved by attendance in a private tutoring program if
271	the person tutoring the student meets the following
272	requirements:
273	(c)  Requires students to be in actual attendance for the
274	minimum length of time prescribed by s. 1011.60(2).
275	Section 10.  Paragraph (g) of subsection (3) of section
276	1002.37, Florida Statutes, is amended to read:
277	1002.37  The Florida Virtual School.--
278	(3)  Funding for the Florida Virtual School shall be
279	provided as follows:
280	(g)  The Florida Virtual School shall receive additional
281	state funds as may be provided in the General Appropriations
282	Act; however, such funds may not be provided for the purpose of
283	fulfilling the class size requirements in ss. 1003.03 and
284	1011.685.
285	Section 11.  Subsections (1), (2), (7), (8), (10), (11),
286	and (12) of section 1002.45, Florida Statutes, are amended to
287	read:
288	1002.45  School district virtual instruction programs.--
289	(1)  PROGRAM.--
290	(a)  Beginning with the 2009-2010 school year, each school
291	district may shall provide eligible students within its
292	boundaries the option of participating in a virtual instruction
293	program operated by the school district which is a program
294	separate from the Florida Virtual School under s. 1002.37. The
295	purpose of the program is to make instruction available to
296	students using online and distance learning technology in the
297	nontraditional classroom and to provide an exit option for
298	students authorized to participate under paragraph (7)(c). The
299	program shall be provide virtual instruction to full-time for
300	students enrolled in full-time virtual courses in kindergarten
301	through grade 8 and or in full-time or part-time for students
302	enrolled virtual courses in grades 9 through 12 as authorized in
303	paragraph (7)(c).
304	(b)  Each school district's virtual instruction program
305	shall use may consist of one or more schools that are operated
306	by the district or by contracted providers approved by the
307	Department of Education under subsection (2). School districts
308	may participate in multidistrict contractual arrangements, which
309	may include contracts executed by a regional consortium for its
310	member districts, to provide such programs.
311	(c)  Except as provided in paragraph (7)(c), virtual
312	instruction is instruction in which at least 80 percent of the
313	direct instruction is provided by a Florida-certified teacher
314	using some form of technology when the student and the teacher
315	are separated by time or space, or both.
316	(d)  If a student was enrolled in a K-8 Virtual School
317	Program under s. 1002.415 for the 2008-2009 school year and the
318	student resides in a school district that does not offer a
319	virtual instruction program, the school district must provide
320	the student access to the virtual school program in which the
321	student was enrolled during the 2008-2009 school year.
322	(c)  A charter school may enter into a joint agreement with
323	the school district in which it is located for the charter
324	school's students to participate in an approved district virtual
325	instruction program.
326	(2)  PROVIDER QUALIFICATIONS.--On or before March 1, 2009,
327	and annually thereafter, The department shall annually provide
328	school districts with a list of no more than two approved
329	providers for the K-8 virtual instruction program and no more
330	than two approved providers for the virtual instruction program
331	under paragraph (7)(c) providers approved to offer virtual
332	instruction. To be approved by the department, a contract
333	provider must annually document that it:
334	(a)  Is nonsectarian in its programs, admission policies,
335	employment practices, and operations;
336	(b)  Complies with the antidiscrimination provisions of s.
337	1000.05;
338	(c)  Locates an administrative office or offices in this
339	state, requires its administrative staff to be state residents,
340	and requires all instructional staff members to be Florida-
341	certified teachers;
342	(d)  Possesses prior, successful experience offering online
343	courses to elementary, middle, or high school students;
344	(e)  Utilizes Florida-certified an instructional model that
345	relies on certified teachers, not parents, to provide at least
346	85 percent of the instruction to the student;
347	(f)  Requires all school employees to have background
348	screening as required by s. 1012.32;
349	(g)  Provides no more than 20 percent of instruction to the
350	student by a parent or an instructional coach;
351	(h)(f)  Is accredited by the Southern Association of
352	Colleges and Schools Council on Accreditation and School
353	Improvement, the North Central Association Commission on
354	Accreditation and School Improvement, the Middle States
355	Association of Colleges and Schools Commission on Elementary
356	Schools and Commission on Secondary Schools, the New England
357	Association of Schools and Colleges, the Northwest Association
358	of Accredited Schools, or the Western Association of Schools and
359	Colleges the Commission on Colleges of the Southern Association
360	of Colleges and Schools, the Middle States Association of
361	Colleges and Schools, the North Central Association of Colleges
362	and Schools, or the New England Association of Colleges and
363	Schools; and
364	(i)(g)  Complies with all requirements under this section.
365
366	Notwithstanding this subsection, approved providers of virtual
367	instruction shall include the Florida Virtual School established
368	under s. 1002.37 and providers that operate under s. 1002.415.
369	(7)  FUNDING.--
370	(a)  For purposes of a district virtual instruction
371	program, "full-time equivalent student" has the same meaning as
372	provided in s. 1011.61(1)(c)1.b.(III) or (IV).
373	(b)  The school district shall report full-time equivalent
374	students for the school district virtual instruction program and
375	for a charter school's students who participate under paragraph
376	(1)(c) to the department only in a manner prescribed by the
377	department, and funding shall be provided through the Florida
378	Education Finance Program.
379	(c)  Full-time or part-time school district virtual
380	instruction program courses provided under this section for
381	students in grades 9 through 12 are limited to Department of
382	Juvenile Justice programs, dropout prevention programs, and
383	career and vocational programs.
384	(8)  ASSESSMENT AND ACCOUNTABILITY.--
385	(a)  With the exception of the programs offered by the
386	Florida Virtual School under s. 1002.37, Each school district K-
387	8 virtual instruction program must:
388	1.  participate in the statewide assessment program under
389	s. 1008.22 and in the state's education performance
390	accountability system under s. 1008.31.
391	2.  Receive a school grade as provided in s. 1008.34. A
392	school district virtual instruction program shall be considered
393	a school under s. 1008.34 for purposes of this section,
394	regardless of the number of individual providers participating
395	in the district's program.
396	(b)  The department shall aggregate by provider the
397	statewide assessment scores of the students in each school
398	district full-time K-8 virtual instruction program at the end of
399	each year and publish a statewide school grade for each
400	provider. The performance of part-time students under paragraph
401	(7)(c) shall not be included for purposes of school grading
402	under subparagraph (a)2.; however, their performance shall be
403	included for school grading purposes by the nonvirtual school
404	providing the student's primary instruction.
405	(c)  A provider program that is designated with a grade of
406	"D," making less than satisfactory progress, or "F," failing to
407	make adequate progress, must file a school improvement plan with
408	the department for consultation to determine the causes for low
409	performance and to develop a plan for correction and
410	improvement.
411	(d)  The school district shall terminate its program with a
412	provider, including all contracts with providers for such
413	program, if the provider program receives a grade of "D," making
414	less than satisfactory progress, or "F," failing to make
415	adequate progress, for 2 years during any consecutive 4-year
416	period. If a contract is not renewed or is terminated, the
417	contracted provider is responsible for all debts of the program
418	or school operated by the provider.
419	(e)  A school district that terminates its contract with a
420	provider program under paragraph (d) may shall contract with
421	another a provider selected and approved by the department for
422	the provision of virtual instruction until the school district
423	receives approval from the department to operate a new school
424	district virtual instruction program.
425	(10)  MARKETING.--Any information provided by a school
426	district to parents and students regarding the school district's
427	virtual education instruction program must include information
428	about opportunities available at, and the parent's and student's
429	right to access courses offered by the school district virtual
430	instruction program and by, the Florida Virtual School under s.
431	1002.37.
432	(11)  2008-2009 SCHOOL DISTRICT VIRTUAL INSTRUCTION
433	PROGRAM.--For the 2008-2009 school year, each school district in
434	the state may offer a school district virtual instruction
435	program to provide full-time virtual courses in kindergarten
436	through grade 8 or to provide full-time or part-time virtual
437	courses in grades 9 through 12 as authorized in paragraph
438	(7)(c). Such program may be operated or contracted as provided
439	under paragraph (1)(b) and must comply with all requirements of
440	this section, except that contracts under this subsection may
441	only be issued for virtual courses in kindergarten through grade
442	8 to providers operating under s. 1002.415 or for virtual
443	courses in grades 9 through 12 as authorized under paragraph
444	(7)(c) to providers who contracted with a regional consortium in
445	the 2007-2008 school year to provide such services.
446	(11)(12)  RULES.--The State Board of Education shall adopt
447	rules necessary to administer this section, including rules that
448	prescribe school district and charter school reporting
449	requirements.
450	Section 12.  Paragraph (a) of subsection (4) and paragraph
451	(d) of subsection (6) of section 1002.71, Florida Statutes, as
452	amended by chapter 2009-3, Laws of Florida, are amended to read:
453	1002.71  Funding; financial and attendance reporting.--
454	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
455	(a)  A child who, for any of the prekindergarten programs
456	listed in s. 1002.53(3), has not completed more than 70 10
457	percent of the hours authorized to be reported for funding under
458	subsection (2) may withdraw from the program for good cause and,
459	reenroll in one of the programs, and be reported for funding
460	purposes as a full-time equivalent student in the program for
461	which the child is reenrolled. The total funding for a child who
462	reenrolls in one of the programs for good cause shall not exceed
463	one full-time equivalent student. Funding for a child who
464	withdraws and reenrolls in one of the programs for good cause
465	shall be issued in accordance with the uniform attendance policy
466	adopted pursuant to paragraph (6)(d).
467
468	A child may reenroll only once in a prekindergarten program
469	under this section. A child who reenrolls in a prekindergarten
470	program under this subsection may not subsequently withdraw from
471	the program and reenroll. The Agency for Workforce Innovation
472	shall establish criteria specifying whether a good cause exists
473	for a child to withdraw from a program under paragraph (a),
474	whether a child has substantially completed a program under
475	paragraph (b), and whether an extreme hardship exists which is
476	beyond the child's or parent's control under paragraph (b).
477	(6)
478	(d)  The Agency for Workforce Innovation shall adopt, for
479	funding purposes, a uniform attendance policy for the Voluntary
480	Prekindergarten Education Program. The attendance policy must
481	apply statewide and apply equally to all private prekindergarten
482	providers and public schools. The attendance policy must
483	establish a minimum requirement for student attendance and
484	include at least the following provisions:
485	1.  Beginning with the 2009-2010 fiscal year for school-
486	year programs, a student's attendance may be reported on a pro
487	rata basis as a fraction of and the 2009 summer program, a
488	student who meets the minimum requirement of 80 percent of the
489	total number of hours for the program may be reported as a full-
490	time equivalent student for funding purposes.
491	2.  At a maximum, 20 percent of the total payment for each
492	student made to a private kindergarten provider or public school
493	may be for hours a student is absent. A student who does not
494	meet the minimum requirement may be reported only as a
495	fractional part of a full-time equivalent student, reduced pro
496	rata based on the student's attendance.
497	3.  A private prekindergarten provider or public school may
498	not receive payment for absences that occur before a student's
499	first day of attendance or after a student's last day of
500	attendance. A student who does not meet the minimum requirement
501	may be reported as a full-time equivalent student if the student
502	is absent for good cause in accordance with exceptions specified
503	in the uniform attendance policy.
504
505	The uniform attendance policy shall be used only for funding
506	purposes and does not prohibit a private prekindergarten
507	provider or public school from adopting and enforcing its
508	attendance policy under paragraphs (a) and (c).
509	Section 13.  Paragraph (g) of subsection (1) of section
510	1003.02, Florida Statutes, is amended to read:
511	1003.02  District school board operation and control of
512	public K-12 education within the school district.--As provided
513	in part II of chapter 1001, district school boards are
514	constitutionally and statutorily charged with the operation and
515	control of public K-12 education within their school district.
516	The district school boards must establish, organize, and operate
517	their public K-12 schools and educational programs, employees,
518	and facilities. Their responsibilities include staff
519	development, public K-12 school student education including
520	education for exceptional students and students in juvenile
521	justice programs, special programs, adult education programs,
522	and career education programs. Additionally, district school
523	boards must:
524	(1)  Provide for the proper accounting for all students of
525	school age, for the attendance and control of students at
526	school, and for proper attention to health, safety, and other
527	matters relating to the welfare of students in the following
528	fields:
529	(g)  School operation.--
530	1.  Provide for the operation of all public schools as free
531	schools for a term of at least 180 days or the equivalent on an
532	hourly basis as specified by rules of the State Board of
533	Education; determine district school funds necessary in addition
534	to state funds to operate all schools for the minimum term; and
535	arrange for the levying of district school taxes necessary to
536	provide the amount needed from district sources.
537	2.  Prepare, adopt, and timely submit to the Department of
538	Education, as required by law and by rules of the State Board of
539	Education, the annual school budget, so as to promote the
540	improvement of the district school system.
541	Section 14.  Paragraph (b) of subsection (2) of section
542	1003.03, Florida Statutes, is amended to read:
543	1003.03  Maximum class size.--
544	(2)  IMPLEMENTATION.--
545	(b)  Determination of the number of students per classroom
546	in paragraph (a) shall be calculated as follows:
547	1.  For fiscal years 2003-2004 through 2005-2006, the
548	calculation for compliance for each of the 3 grade groupings
549	shall be the average at the district level.
550	2.  For fiscal years 2006-2007 through 2009-2010 2008-2009,
551	the calculation for compliance for each of the 3 grade groupings
552	shall be the average at the school level.
553	3.  For fiscal year 2010-2011 2009-2010 and thereafter, the
554	calculation for compliance shall be at the individual classroom
555	level.
556	4.  For fiscal years 2006-2007 through 2009-2010 and
557	thereafter, each teacher assigned to any classroom shall be
558	included in the calculation for compliance.
559	Section 15.  Paragraph (a) of subsection (1) of section
560	1004.55, Florida Statutes, is amended to read:
561	1004.55  Regional autism centers.--
562	(1)  Seven regional autism centers are established to
563	provide nonresidential resource and training services for
564	persons of all ages and of all levels of intellectual
565	functioning who have autism, as defined in s. 393.063; who have
566	a pervasive developmental disorder that is not otherwise
567	specified; who have an autistic-like disability; who have a dual
568	sensory impairment; or who have a sensory impairment with other
569	handicapping conditions. Each center shall be operationally and
570	fiscally independent and shall provide services within its
571	geographical region of the state. Service delivery shall be
572	consistent for all centers. Each center shall coordinate
573	services within and between state and local agencies and school
574	districts but may not duplicate services provided by those
575	agencies or school districts. The respective locations and
576	service areas of the centers are:
577	(a)  The College of Medicine Department of Communication
578	Disorders at Florida State University, which serves Bay,
579	Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson,
580	Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor,
581	Wakulla, Walton, and Washington Counties.
582	Section 16.  Paragraph (b) of subsection (5) of section
583	1006.06, Florida Statutes, is amended to read:
584	1006.06  School food service programs.--
585	(5)
586	(b)  Beginning with the 2009-2010 school year, each school
587	district must annually set prices for breakfast meals at rates
588	that, combined with federal reimbursements and state
589	allocations, are sufficient to defray costs of school breakfast
590	programs without requiring allocations from the district's
591	operating funds, except if the district school board approves
592	lower rates.
593	Section 17.  Subsection (1) of section 1006.28, Florida
594	Statutes, is amended to read:
595	1006.28  Duties of district school board, district school
596	superintendent; and school principal regarding K-12
597	instructional materials.--
598	(1)  DISTRICT SCHOOL BOARD.--The district school board has
599	the duty to provide adequate instructional materials for all
600	students in accordance with the requirements of this part. The
601	term "adequate instructional materials" means a sufficient
602	number of textbooks or sets of materials that are available in
603	bound, unbound, kit, or package form and may consist of
604	hardbacked or softbacked textbooks, consumables, learning
605	laboratories, manipulatives, electronic media, and computer
606	courseware or software that serve serving as the basis for
607	instruction for each student in the core courses of mathematics,
608	language arts, social studies, science, reading, and literature,
609	except for instruction for which the school advisory council
610	approves the use of a program that does not include a textbook
611	as a major tool of instruction. The district school board has
612	the following specific duties:
613	(a)  Courses of study; adoption.--Adopt courses of study
614	for use in the schools of the district.
615	(b)  Textbooks.--Provide for proper requisitioning,
616	distribution, accounting, storage, care, and use of all
617	instructional materials furnished by the state and furnish such
618	other instructional materials as may be needed. The district
619	school board shall assure that instructional materials used in
620	the district are consistent with the district goals and
621	objectives and the curriculum frameworks adopted by rule of the
622	State Board of Education, as well as with the state and district
623	performance standards provided for in s. 1001.03(1).
624	(c)  Other instructional materials.--Provide such other
625	teaching accessories and aids as are needed for the school
626	district's educational program.
627	(d)  School library media services; establishment and
628	maintenance.--Establish and maintain a program of school library
629	media services for all public schools in the district, including
630	school library media centers, or school library media centers
631	open to the public, and, in addition such traveling or
632	circulating libraries as may be needed for the proper operation
633	of the district school system.
634	Section 18.  Subsection (4) of section 1006.40, Florida
635	Statutes, is amended to read:
636	1006.40  Use of instructional materials allocation;
637	instructional materials, library books, and reference books;
638	repair of books.--
639	(4)  The funds described in subsection (3) which district
640	school boards may use to purchase materials not on the state-
641	adopted list shall be used for the purchase of instructional
642	materials or other items having intellectual content which
643	assist in the instruction of a subject or course. These items
644	may be available in bound, unbound, kit, or package form and may
645	consist of hardbacked or softbacked textbooks, replacements for
646	items which were part of previously purchased instructional
647	materials, consumables, learning laboratories, manipulatives,
648	electronic media, computer courseware or software, and other
649	commonly accepted instructional tools as prescribed by district
650	school board rule. The funds available to district school boards
651	for the purchase of materials not on the state-adopted list may
652	not be used to purchase electronic or computer hardware unless
653	even if such hardware is bundled with other state-adopted
654	instructional materials such as textbooks, software, or other
655	electronic media, nor may such funds be used to purchase
656	equipment or supplies. However, when authorized to do so in the
657	General Appropriations Act, a school or district school board
658	may use a portion of the funds available to it for the purchase
659	of materials not on the state-adopted list to purchase science
660	laboratory materials and supplies.
661	Section 19.  Subsections (7) and (8) of section 1008.29,
662	Florida Statutes, are amended to read:
663	1008.29  College-level communication and mathematics skills
664	examination (CLAST).--
665	(7)  The State Board of Education shall collaborate with
666	the Board of Governors to establish rules instituting uniform
667	fees for all students, including private postsecondary students,
668	who take the CLAST. The fees shall be sufficient to cover the
669	actual cost of developing and administering the examination, by
670	rule, shall establish fees for the administration of the
671	examination to private postsecondary students.
672	(8)(a)  The State Board of Education, by rule, shall
673	establish fees for the administration of the examination by
674	community colleges at times other than regularly scheduled dates
675	to accommodate examinees who are unable to be tested on those
676	dates. The state board shall establish the conditions under
677	which examinees may be admitted to the special administrations.
678	(b)  The Board of Governors may establish fees for the
679	administration of the examination by state universities at times
680	other than regularly scheduled dates to accommodate examinees
681	who are unable to be tested on those dates. The Board of
682	Governors may establish the conditions under which examinees may
683	be admitted to the special administrations.
684	Section 20.  Paragraph (c) of subsection (1) of section
685	1008.41, Florida Statutes, is amended to read:
686	1008.41  Workforce education; management information
687	system.--
688	(1)  The Commissioner of Education shall coordinate uniform
689	program structures, common definitions, and uniform management
690	information systems for workforce education for all divisions
691	within the department. In performing these functions, the
692	commissioner shall designate deadlines after which data elements
693	may not be changed for the coming fiscal or school year. School
694	districts and community colleges shall be notified of data
695	element changes at least 90 days prior to the start of the
696	subsequent fiscal or school year. Such systems must provide for:
697	(c)  Maximum use of automated technology and records in
698	existing databases and data systems. To the extent feasible, the
699	Florida Information Resource Network may shall be employed for
700	this purpose.
701	Section 21.  Section 1010.11, Florida Statutes, is amended
702	to read:
703	1010.11  Electronic transfer of funds.--Pursuant to the
704	provisions of s. 215.85, each district school board, community
705	college board of trustees, and university board of trustees
706	shall adopt written policies prescribing the accounting and
707	control procedures under which any funds under their control are
708	allowed to be moved by electronic transaction for any purpose
709	including direct deposit, wire transfer, withdrawal, or
710	investment, or payment. Electronic transactions shall comply
711	with the provisions of chapter 668.
712	Section 22.  Subsection (4) of section 1011.18, Florida
713	Statutes, is amended to read:
714	1011.18  School depositories; payments into and withdrawals
715	from depositories.--
716	(4)  HOW FUNDS DRAWN FROM DEPOSITORIES.--All money drawn
717	from any district school depository holding same as prescribed
718	herein shall be upon a check or warrant drawn on authority of
719	the district school board as prescribed by law. Each check or
720	warrant shall be signed by the chair or, in his or her absence,
721	the vice chair of the district school board and countersigned by
722	the district school superintendent, with corporate seal of the
723	school board affixed. However, as a matter of convenience, the
724	corporate seal of the district school board may be printed upon
725	the warrant and a proper record of such warrant shall be
726	maintained. The district school board may by resolution, a copy
727	of which must be delivered to the depository, provide for
728	internal funds to be withdrawn from any district depository by a
729	check duly signed by at least two bonded school employees
730	designated by the board to be responsible for administering such
731	funds. However, the district school superintendent or his or her
732	designee, after having been by resolution specifically
733	authorized by the district school board, may transfer funds from
734	one depository to another, within a depository, to another
735	institution, or from another institution to a depository for
736	investment purposes and may transfer funds to pay expenses,
737	expenditures, or other disbursements that must be evidenced by
738	an invoice or other appropriate documentation in a similar
739	manner when the transfer does not represent an expenditure,
740	advance, or reduction of cash assets. Such transfer may be made
741	by electronic, telephonic, or other medium; and each transfer
742	shall be confirmed in writing and signed by the district school
743	superintendent or his or her designee.
744	Section 23.  Subsection (2) and paragraphs (d) and (f) of
745	subsection (3) of section 1011.60, Florida Statutes, are amended
746	to read:
747	1011.60  Minimum requirements of the Florida Education
748	Finance Program.--Each district which participates in the state
749	appropriations for the Florida Education Finance Program shall
750	provide evidence of its effort to maintain an adequate school
751	program throughout the district and shall meet at least the
752	following requirements:
753	(2)  MINIMUM TERM.--Operate all schools for a term of at
754	least 180 actual teaching days or the equivalent on an hourly
755	basis as specified by rules of the State Board of Education each
756	school year. The State Board of Education may prescribe
757	procedures for altering, and, upon written application, may
758	alter, this requirement during a national, state, or local
759	emergency as it may apply to an individual school or schools in
760	any district or districts if, in the opinion of the board, it is
761	not feasible to make up lost days or hours, and the
762	apportionment may, at the discretion of the Commissioner of
763	Education and if the board determines that the reduction of
764	school days or hours is caused by the existence of a bona fide
765	emergency, be reduced for such district or districts in
766	proportion to the decrease in the length of term in any such
767	school or schools. A strike, as defined in s. 447.203(6), by
768	employees of the school district may not be considered an
769	emergency.
770	(3)  EMPLOYMENT POLICIES.--Adopt rules relating to the
771	appointment, promotion, transfer, suspension, and dismissal of
772	personnel.
773	(d)  District school boards may authorize a maximum of six
774	paid legal holidays which shall apply to the 196 days of service
775	or the equivalent on an hourly basis.
776	(f)  Such rules must require 12 calendar months of service
777	for such principals as prescribed by rules of the State Board of
778	Education and must require 10 months to include not less than
779	196 days of service or the equivalent on an hourly basis,
780	excluding Sundays and other holidays, for all members of the
781	instructional staff, with any such service on a 12-month basis
782	to include reasonable allowance for vacation or further study as
783	prescribed by the school board in accordance with rules of the
784	State Board of Education.
785	Section 24.  Paragraph (c) of subsection (1) of section
786	1011.61, Florida Statutes, is amended to read:
787	1011.61  Definitions.--Notwithstanding the provisions of s.
788	1000.21, the following terms are defined as follows for the
789	purposes of the Florida Education Finance Program:
790	(1)  A "full-time equivalent student" in each program of
791	the district is defined in terms of full-time students and part-
792	time students as follows:
793	(c)1.  A "full-time equivalent student" is:
794	a.  A full-time student in any one of the programs listed
795	in s. 1011.62(1)(c); or
796	b.  A combination of full-time or part-time students in any
797	one of the programs listed in s. 1011.62(1)(c) which is the
798	equivalent of one full-time student based on the following
799	calculations:
800	(I)  A full-time student, except a postsecondary or adult
801	student or a senior high school student enrolled in adult
802	education when such courses are required for high school
803	graduation, in a combination of programs listed in s.
804	1011.62(1)(c) shall be a fraction of a full-time equivalent
805	membership in each special program equal to the number of net
806	hours per school year for which he or she is a member, divided
807	by the appropriate number of hours set forth in subparagraph
808	(a)1. or subparagraph (a)2. The difference between that fraction
809	or sum of fractions and the maximum value as set forth in
810	subsection (4) for each full-time student is presumed to be the
811	balance of the student's time not spent in such special
812	education programs and shall be recorded as time in the
813	appropriate basic program.
814	(II)  A prekindergarten handicapped student shall meet the
815	requirements specified for kindergarten students.
816	(III)  A full-time equivalent student for students in
817	grades K-8 in a school district virtual instruction program as
818	provided in s. 1002.45 shall consist of a student who has
819	successfully completed a basic program listed in s.
820	1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
821	level by August 31 of each year. The maximum value for funding a
822	student in a virtual instruction program is subject to
823	subsection (4).
824	(IV)  A full-time equivalent student for students in grades
825	9-12 in a school district virtual instruction program as
826	provided in s. 1002.45 shall consist of six full credit
827	completions in programs listed in s. 1011.62(1)(c)1. and 3. 4.
828	Credit completions can be a combination of either full credits
829	or half credits.
830	(V)  A full-time equivalent student of the Florida Virtual
831	School or of any approved school district franchise of the
832	Florida Virtual School, as provided in s. 1002.37, full-time
833	equivalent student shall consist of six full credit completions
834	in the programs listed in s. 1011.62(1)(c)1.b. for grades 6
835	through 8 and the programs listed in s. 1011.62(1)(c)1.c. for
836	grades 9 through 12 s. 1011.62(1)(c)1. and 4. Credit completions
837	can be a combination of either full credits or half credits. A
838	school district franchise full-time equivalent student may be
839	reported for funding up to August 31 of each year.
840	(VI)  Each successfully completed credit earned under the
841	alternative high school course credit requirements authorized in
842	s. 1002.375, which is not reported as a portion of the 900 net
843	hours of instruction pursuant to subparagraph (1)(a)1., shall be
844	calculated as 1/6 FTE.
845	2.  A student in membership in a program scheduled for more
846	or less than 180 school days or the equivalent on an hourly
847	basis is a fraction of a full-time equivalent membership equal
848	to the number of instructional hours in membership divided by
849	the appropriate number of hours set forth in subparagraph (a)1.;
850	however, for the purposes of this subparagraph, membership in
851	programs scheduled for more than 180 days or the equivalent on
852	an hourly basis is limited to students enrolled in juvenile
853	justice education programs, and the Florida Virtual School, and
854	a school district virtual instruction program.
855
856	The department shall determine and implement an equitable method
857	of equivalent funding for experimental schools and for schools
858	operating under emergency conditions, which schools have been
859	approved by the department to operate for less than the minimum
860	school day.
861	Section 25.  Paragraphs (l) through (t) of subsection (1)
862	of section 1011.62, Florida Statutes, are redesignated as
863	paragraphs (n) through (v), respectively, and new paragraphs (l)
864	and (m) are added to that subsection, and paragraph (b) of
865	subsection (4), paragraph (b) of subsection (6), and paragraph
866	(a) of subsection (12) of that section are amended, to read:
867	1011.62  Funds for operation of schools.--If the annual
868	allocation from the Florida Education Finance Program to each
869	district for operation of schools is not determined in the
870	annual appropriations act or the substantive bill implementing
871	the annual appropriations act, it shall be determined as
872	follows:
873	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
874	OPERATION.--The following procedure shall be followed in
875	determining the annual allocation to each district for
876	operation:
877	(l)  Study hall.--A student who is enrolled in study hall
878	may not be included in the calculation of full-time equivalent
879	student membership for funding under this section.
880	(m)  On-the-job training.--A student who participates in
881	on-the-job training, excluding classroom instruction, may not be
882	included in the calculation of full-time equivalent student
883	membership for funding under this section.
884	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
885	Legislature shall prescribe the aggregate required local effort
886	for all school districts collectively as an item in the General
887	Appropriations Act for each fiscal year. The amount that each
888	district shall provide annually toward the cost of the Florida
889	Education Finance Program for kindergarten through grade 12
890	programs shall be calculated as follows:
891	(b)  Final calculation.--
892	1.  The taxable value for school purposes certified by the
893	Department of Revenue which is used in the fourth calculation
894	with the annualized full-time student membership from the
895	February student survey shall be the final taxable value used in
896	the final calculation.
897	2.  For purposes of this paragraph, the final taxable value
898	for school purposes shall be the taxable value for school
899	purposes on which the tax bills are computed and mailed to the
900	taxpayers, adjusted to reflect final administrative actions of
901	value adjustment boards and judicial decisions pursuant to
902	chapter 194. For each county that has not submitted a revised
903	tax roll reflecting final value adjustment board actions and
904	final judicial decisions, the Department of Revenue shall
905	certify the most recent revision of the taxable value for school
906	purposes on which the tax bills are computed and mailed to
907	taxpayers, adjusted by the average percentage difference, over
908	the most recent 3 years for which the information is available,
909	between the taxable value for school purposes on which the tax
910	bills are computed and the taxable value for school purposes on
911	which the tax bills are computed as adjusted to reflect final
912	administrative actions of value adjustment board and judicial
913	decisions pursuant to chapter 194.
914	3.  The value certified under subparagraph 1. shall be the
915	final taxable value for school purposes for that year, and no
916	further adjustments shall be made, except those made pursuant to
917	paragraph (12)(b).
918	(6)  CATEGORICAL FUNDS.--
919	(b)  If a district school board finds and declares in a
920	resolution adopted at a regular meeting of the school board that
921	the funds received for any of the following categorical
922	appropriations are urgently needed to maintain school board
923	specified academic classroom instruction, the school board may
924	consider and approve an amendment to the school district
925	operating budget transferring the identified amount of the
926	categorical funds to the appropriate account for expenditure:
927	1.  Funds for student transportation.
928	2.  Funds for safe schools.
929	3.  Funds for supplemental academic instruction.
930	4.  Funds for research-based reading instruction.
931	5.  Funds for instructional materials if all instructional
932	material purchases have been completed for that fiscal year, but
933	no sooner than March 1, 2010 2009.
934	(12)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
935	CURRENT OPERATION.--The total annual state allocation to each
936	district for current operation for the FEFP shall be distributed
937	periodically in the manner prescribed in the General
938	Appropriations Act.
939	(a)  The basic amount for current operation for the FEFP as
940	determined in subsection (1), multiplied by the district cost
941	differential factor as determined in subsection (2), plus the
942	amounts provided for categorical components within the FEFP,
943	plus the discretionary millage compression supplement as
944	determined in subsection (5), the amount for the sparsity
945	supplement as determined in subsection (7), the decline in full-
946	time equivalent students as determined in subsection (8), the
947	research-based reading instruction allocation as determined in
948	subsection (9), the allocation for juvenile justice education
949	programs as determined in subsection (10), the quality assurance
950	guarantee as determined in subsection (11), the allocation for
951	instructional materials as determined in s. 1011.67, the
952	allocation for student transportation as determined in s.
953	1011.68, and the allocation for the Florida Teachers Lead
954	Program as determined in s. 1012.71, less the required local
955	effort as determined in subsection (4). If the funds
956	appropriated for the purpose of funding the total amount for
957	current operation as provided in this paragraph are not
958	sufficient to pay the state requirement in full, the department
959	shall prorate the available state funds to each district in the
960	following manner:
961	1.  Determine the percentage of proration by dividing the
962	sum of the total amount for current operation, as provided in
963	this paragraph for all districts collectively, and the total
964	district required local effort into the sum of the state funds
965	available for current operation and the total district required
966	local effort.
967	2.  Multiply the percentage so determined by the sum of the
968	total amount for current operation as provided in this paragraph
969	and the required local effort for each individual district.
970	3.  From the product of such multiplication, subtract the
971	required local effort of each district; and the remainder shall
972	be the amount of state funds allocated to the district for
973	current operation.
974	Section 26.  Paragraph (b) of subsection (4) of section
975	1011.69, Florida Statutes, is repealed.
976	Section 27.  Section 1011.71, Florida Statutes, as amended
977	by chapter 2009-3, Laws of Florida, is amended to read:
978	1011.71  District school tax.--
979	(1)  If the district school tax is not provided in the
980	General Appropriations Act or the substantive bill implementing
981	the General Appropriations Act, each district school board
982	desiring to participate in the state allocation of funds for
983	current operation as prescribed by s. 1011.62(12) shall levy on
984	the taxable value for school purposes of the district, exclusive
985	of millage voted under the provisions of s. 9(b) or s. 12, Art.
986	VII of the State Constitution, a millage rate not to exceed the
987	amount certified by the commissioner as the minimum millage rate
988	necessary to provide the district required local effort for the
989	current year, pursuant to s. 1011.62(4)(a)1. In addition to the
990	required local effort millage levy, each district school board
991	may levy a nonvoted current operating discretionary millage. The
992	Legislature shall prescribe annually in the appropriations act
993	the maximum amount of millage a district may levy.
994	(2)  In addition to the maximum millage levy as provided in
995	subsection (1), each school board may levy not more than 1.5
996	1.75 mills against the taxable value for school purposes for
997	district schools, including charter schools at the discretion of
998	the school board, to fund:
999	(a)  New construction and remodeling projects, as set forth
1000	in s. 1013.64(3)(b) and (6)(b) and included in the district's
1001	educational plant survey pursuant to s. 1013.31, without regard
1002	to prioritization, sites and site improvement or expansion to
1003	new sites, existing sites, auxiliary facilities, athletic
1004	facilities, or ancillary facilities.
1005	(b)  Maintenance, renovation, and repair of existing school
1006	plants or of leased facilities to correct deficiencies pursuant
1007	to s. 1013.15(2).
1008	(c)  The purchase, lease-purchase, or lease of school
1009	buses.
1010	(d)  Effective July 1, 2008, the purchase, lease-purchase,
1011	or lease of new and replacement equipment, and enterprise
1012	resource software applications that are classified as capital
1013	assets in accordance with definitions of the Governmental
1014	Accounting Standards Board, have a useful life of at least 5
1015	years, and are used to support districtwide administration or
1016	state-mandated reporting requirements.
1017	(e)  Payments for educational facilities and sites due
1018	under a lease-purchase agreement entered into by a district
1019	school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
1020	exceeding, in the aggregate, an amount equal to three-fourths of
1021	the proceeds from the millage levied by a district school board
1022	pursuant to this subsection. For the 2009-2010 fiscal year, the
1023	three-fourths limit is waived for lease-purchase agreements
1024	entered into before June 30, 2009, by a district school board
1025	pursuant to this paragraph.
1026	(f)  Payment of loans approved pursuant to ss. 1011.14 and
1027	1011.15.
1028	(g)  Payment of costs directly related to complying with
1029	state and federal environmental statutes, rules, and regulations
1030	governing school facilities.
1031	(h)  Payment of costs of leasing relocatable educational
1032	facilities, of renting or leasing educational facilities and
1033	sites pursuant to s. 1013.15(2), or of renting or leasing
1034	buildings or space within existing buildings pursuant to s.
1035	1013.15(4).
1036	(i)  Payment of the cost of school buses when a school
1037	district contracts with a private entity to provide student
1038	transportation services if the district meets the requirements
1039	of this paragraph.
1040	1.  The district's contract must require that the private
1041	entity purchase, lease-purchase, or lease, and operate and
1042	maintain, one or more school buses of a specific type and size
1043	that meet the requirements of s. 1006.25.
1044	2.  Each such school bus must be used for the daily
1045	transportation of public school students in the manner required
1046	by the school district.
1047	3.  Annual payment for each such school bus may not exceed
1048	10 percent of the purchase price of the state pool bid.
1049	4.  The proposed expenditure of the funds for this purpose
1050	must have been included in the district school board's notice of
1051	proposed tax for school capital outlay as provided in s.
1052	200.065(10).
1053	(j)  Payment of the cost of the opening day collection for
1054	the library media center of a new school.
1055	(k)  Payment of the cost of premiums for property and
1056	casualty insurance necessary to insure school district
1057	educational and ancillary plants as required by ss.
1058	1001.42(11)(d) and 1001.51(11)(k).
1059	(l)  The purchase, lease-purchase, or lease of driver's
1060	education vehicles; motor vehicles used for the maintenance or
1061	operation of plants and equipment; security vehicles; or
1062	vehicles used in storing or distributing materials and
1063	equipment.
1064	(3)  If the revenue from the millage authorized in
1065	subsection (2) is insufficient to make payments due under a
1066	lease-purchase agreement entered into prior to June 30, 2008, by
1067	a district school board pursuant to paragraph (2)(e), an amount
1068	up to 0.5 0.25 mills of the taxable value for school purposes
1069	within the school district shall be legally available for such
1070	payments, notwithstanding other restrictions on the use of such
1071	revenues imposed by law.
1072	(4)  Effective July 1, 2008, and through June 30, 2010, a
1073	school district may expend, subject to the provisions of s.
1074	200.065, up to $100 per unweighted full-time equivalent student
1075	from the revenue generated by the millage levy authorized by
1076	subsection (2) to fund, in addition to expenditures authorized
1077	in paragraphs (2)(a)-(j), expenses for the following:
1078	(a)  The purchase, lease-purchase, or lease of driver's
1079	education vehicles; motor vehicles used for the maintenance or
1080	operation of plants and equipment; security vehicles; or
1081	vehicles used in storing or distributing materials and
1082	equipment.
1083	(b)  Payment of the cost of premiums for property and
1084	casualty insurance necessary to insure school district
1085	educational and ancillary plants. Operating revenues that are
1086	made available through the payment of property and casualty
1087	insurance premiums from revenues generated under this subsection
1088	may be expended only for nonrecurring operational expenditures
1089	of the school district.
1090	(4)(5)  Violations of the expenditure provisions in
1091	subsection (2) or subsection (4) shall result in an equal dollar
1092	reduction in the Florida Education Finance Program (FEFP) funds
1093	for the violating district in the fiscal year following the
1094	audit citation. If the Commissioner of Education determines that
1095	a school district acted in good faith, he or she may waive the
1096	equal dollar reduction for audit findings for the 2006-2007 or
1097	2007-2008 fiscal year that were related to the purchase of
1098	software.
1099	(5)(6)  These taxes shall be certified, assessed, and
1100	collected as prescribed in s. 1011.04 and shall be expended as
1101	provided by law.
1102	(6)(7)  Nothing in s. 1011.62(4)(a)1. shall in any way be
1103	construed to increase the maximum school millage levies as
1104	provided for in subsection (1).
1105	(7)(8)  In addition to the maximum millage levied under
1106	this section and the General Appropriations Act, a school
1107	district may levy, by local referendum or in a general election,
1108	additional millage for school operational purposes up to an
1109	amount that, when combined with nonvoted millage levied under
1110	this section, does not exceed the 10-mill limit established in
1111	s. 9(b), Art. VII of the State Constitution. Any such levy shall
1112	be for a maximum of 4 years and shall be counted as part of the
1113	10-mill limit established in s. 9(b), Art. VII of the State
1114	Constitution. Millage elections conducted under the authority
1115	granted pursuant to this section are subject to s. 1011.73.
1116	Funds generated by such additional millage do not become a part
1117	of the calculation of the Florida Education Finance Program
1118	total potential funds in 2001-2002 or any subsequent year and
1119	must not be incorporated in the calculation of any hold-harmless
1120	or other component of the Florida Education Finance Program
1121	formula in any year. If an increase in required local effort,
1122	when added to existing millage levied under the 10-mill limit,
1123	would result in a combined millage in excess of the 10-mill
1124	limit, any millage levied pursuant to this subsection shall be
1125	considered to be required local effort to the extent that the
1126	district millage would otherwise exceed the 10-mill limit.
1127	(8)  Notwithstanding subsection (2), for the 2009-2010
1128	fiscal year, if the revenue from 1.5 mills is insufficient to
1129	meet the payments due under a lease-purchase agreement entered
1130	into before June 30, 2009, by a district school board pursuant
1131	to paragraph (2)(e), or to meet other critical district fixed
1132	capital outlay needs, the board, in addition to the 1.5 mills,
1133	may levy up to 0.25 mills for fixed capital outlay in lieu of
1134	levying an equivalent amount of the discretionary mills for
1135	operations as provided in the General Appropriations Act for
1136	2009-2010. Millage levied pursuant to this subsection is subject
1137	to the provisions of s. 200.065 and, combined with the 1.5 mills
1138	authorized in subsection (2), may not exceed 1.75 mills. If the
1139	district chooses to use up to 0.25 mills for fixed capital
1140	outlay, the discretionary millage compression supplement
1141	pursuant to s. 1011.62(5) shall be calculated for the standard
1142	discretionary millage that is not eligible for transfer to
1143	capital outlay.
1144	Section 28.  Subsection (2) of section 1011.73, Florida
1145	Statutes, is amended to read:
1146	1011.73  District millage elections.--
1147	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The
1148	district school board, pursuant to resolution adopted at a
1149	regular meeting, shall direct the county commissioners to call
1150	an election at which the electors within the school district may
1151	approve an ad valorem tax millage as authorized under s.
1152	1011.71(7)(8). Such election may be held at any time, except
1153	that not more than one such election shall be held during any
1154	12-month period. Any millage so authorized shall be levied for a
1155	period not in excess of 4 years or until changed by another
1156	millage election, whichever is earlier. If any such election is
1157	invalidated by a court of competent jurisdiction, such
1158	invalidated election shall be considered not to have been held.
1159	Section 29.  Paragraph (g) of subsection (3) of section
1160	1012.33, Florida Statutes, is amended to read:
1161	1012.33  Contracts with instructional staff, supervisors,
1162	and school principals.--
1163	(3)
1164	(g)  For contracts in the 2009-2010 or 2010-2011 fiscal
1165	year, the period of service provided in this section may be
1166	extended by 1 year for an annual contract employee in the
1167	district who has at least 3 years of service when prescribed by
1168	the district school board based upon extraordinary financial
1169	circumstances in the district. Beginning July 1, 2001, for each
1170	employee who enters into a written contract, pursuant to this
1171	section, in a school district in which the employee was not
1172	employed as of June 30, 2001, or was employed as of June 30,
1173	2001, but has since broken employment with that district for 1
1174	school year or more, for purposes of pay, a district school
1175	board must recognize and accept each year of full-time public
1176	school teaching service earned in the State of Florida or
1177	outside the state and for which the employee received a
1178	satisfactory performance evaluation. Instructional personnel
1179	employed pursuant to s. 121.091(9)(b)3. are exempt from the
1180	provisions of this paragraph.
1181	Section 30.  Subsection (1) of section 1012.59, Florida
1182	Statutes, is amended to read:
1183	1012.59  Certification fees.--
1184	(1)  The State Board of Education, by rule, shall establish
1185	separate fees for applications, examinations, certification,
1186	certification renewal, late renewal, recordmaking, and
1187	recordkeeping, and may establish procedures for scheduling and
1188	administering an examination upon an applicant's request. Each
1189	fee shall be based on department estimates of the revenue
1190	required to implement the provisions of law with respect to
1191	certification of school personnel. The application fee shall be
1192	nonrefundable. Each examination fee shall be sufficient to cover
1193	the actual cost of developing and administering the examination,
1194	but shall not exceed $100 for an examination.
1195	Section 31.  Subsection (6) is added to section 1012.71,
1196	Florida Statutes, to read:
1197	1012.71  The Florida Teachers Lead Program.--
1198	(6)  For the 2009-2010 fiscal year, the Department of
1199	Education is authorized to conduct a pilot program to determine
1200	the feasibility of managing the Florida Teachers Lead Program
1201	through a centralized electronic system. The pilot program
1202	system must:
1203	(a)  Be established through a competitive procurement
1204	process.
1205	(b)  Provide the capability for participating teachers to
1206	make purchases from online sources.
1207	(c)  Provide the capability for participating teachers to
1208	make purchases from local vendors by means other than online
1209	purchasing.
1210	(d)  Generally comply with the provisions of this section.
1211	(e)  Be subject to annual auditing requirements to ensure
1212	accountability for funds received and disbursed.
1213	(f)  Provide for the return of funds not used on an annual
1214	basis to the state.
1215
1216	Participation by a school district in this pilot program shall
1217	be on a voluntary basis. The department may limit the number of
1218	participating districts to the number it deems feasible to
1219	adequately measure the viability of the pilot program. The
1220	department is not required to implement this pilot program if it
1221	determines the number of school districts willing to participate
1222	is insufficient to adequately measure the viability of the pilot
1223	program.
1224	Section 32.  Paragraph (a) of subsection (2) of section
1225	1012.72, Florida Statutes, is amended, and subsection (4) is
1226	added to that section, to read:
1227	1012.72  Dale Hickam Excellent Teaching Program.--
1228	(2)  The Dale Hickam Excellent Teaching Program is created
1229	to provide categorical funding for bonuses for teaching
1230	excellence. The bonuses may be provided for initial
1231	certification for up to one 10-year period. The Department of
1232	Education shall distribute to each school district an amount as
1233	prescribed annually by the Legislature for the Dale Hickam
1234	Excellent Teaching Program. For purposes of this section, the
1235	Florida School for the Deaf and the Blind shall be considered a
1236	school district. Unless otherwise provided in the General
1237	Appropriations Act, each distribution shall be the sum of the
1238	amounts earned for the following:
1239	(a)  An annual bonus equal to 10 percent of the prior
1240	fiscal year's statewide average salary for classroom teachers to
1241	be distributed to the school district to be paid to each
1242	individual classroom teacher who holds NBPTS certification and
1243	is employed by the district school board or by a public school
1244	within the school district. For a classroom teacher who attains
1245	NBPTS certification after July 1, 2009, in order to be eligible
1246	for a bonus, the individual shall teach in a low-performing
1247	school as determined by the State Board of Education. The
1248	district school board shall distribute the annual bonus to each
1249	individual who meets the requirements of this paragraph and who
1250	is certified annually by the district to have demonstrated
1251	satisfactory teaching performance pursuant to s. 1012.34. The
1252	annual bonus may be paid as a single payment or divided into not
1253	more than three payments.
1254	(4)  The State Board of Education may adopt rules to
1255	administer the provisions for payment of the bonuses and to
1256	establish definitions of low-performing schools and determine
1257	the eligibility of teachers.
1258	Section 33.  Paragraphs (f), (g), and (h) are added to
1259	subsection (2) of section 1013.62, Florida Statutes, to read:
1260	1013.62  Charter schools capital outlay funding.--
1261	(2)  A charter school's governing body may use charter
1262	school capital outlay funds for the following purposes:
1263	(f)  Effective July 1, 2008, purchase, lease-purchase, or
1264	lease of new and replacement equipment, and enterprise resource
1265	software applications that are classified as capital assets in
1266	accordance with definitions of the Governmental Accounting
1267	Standards Board, have a useful life of at least 5 years, and are
1268	used to support schoolwide administration or state-mandated
1269	reporting requirements.
1270	(g)  Payment of the cost of premiums for property and
1271	casualty insurance necessary to insure the school facilities.
1272	(h)  Purchase, lease-purchase, or lease of driver's
1273	education vehicles; motor vehicles used for the maintenance or
1274	operation of plants and equipment; security vehicles; or
1275	vehicles used in storing or distributing materials and
1276	equipment.
1277
1278	Conversion charter schools may use capital outlay funds received
1279	through the reduction in the administrative fee provided in s.
1280	1002.33(20) for renovation, repair, and maintenance of school
1281	facilities that are owned by the sponsor.
1282	Section 34.  Paragraph (b) of subsection (6) of section
1283	1013.64, Florida Statutes, as amended by chapter 2009-3, Laws of
1284	Florida, is amended, and subsection (7) is added to that
1285	section, to read:
1286	1013.64  Funds for comprehensive educational plant needs;
1287	construction cost maximums for school district capital
1288	projects.--Allocations from the Public Education Capital Outlay
1289	and Debt Service Trust Fund to the various boards for capital
1290	outlay projects shall be determined as follows:
1291	(6)
1292	(b)1.  A district school board, including a district school
1293	board of an academic performance-based charter school district,
1294	must not use funds from the following sources: Public Education
1295	Capital Outlay and Debt Service Trust Fund; School District and
1296	Community College District Capital Outlay and Debt Service Trust
1297	Fund; Classrooms First Program funds provided in s. 1013.68;
1298	effort index grant funds provided in s. 1013.73; nonvoted 1.5-
1299	mill 1.75-mill levy of ad valorem property taxes provided in s.
1300	1011.71(2); Classrooms for Kids Program funds provided in s.
1301	1013.735; District Effort Recognition Program funds provided in
1302	s. 1013.736; or High Growth District Capital Outlay Assistance
1303	Grant Program funds provided in s. 1013.738 for any new
1304	construction of educational plant space with a total cost per
1305	student station, including change orders, that equals more than:
1306	a.  $17,952 for an elementary school,
1307	b.  $19,386 for a middle school, or
1308	c.  $25,181 for a high school,
1309
1310	(January 2006) as adjusted annually to reflect increases or
1311	decreases in the Consumer Price Index.
1312	2.  A district school board must not use funds from the
1313	Public Education Capital Outlay and Debt Service Trust Fund or
1314	the School District and Community College District Capital
1315	Outlay and Debt Service Trust Fund for any new construction of
1316	an ancillary plant that exceeds 70 percent of the average cost
1317	per square foot of new construction for all schools.
1318	(7)  Notwithstanding subsection (2), the district school
1319	board of Wakulla County shall contribute 1 mill in the 2009-2010
1320	fiscal year and 0.5 mill in the 2010-2011 fiscal year to the
1321	cost of currently funded special facilities construction
1322	projects. The district school board of Liberty County shall
1323	contribute 1 mill for each of the fiscal years from the 2009-
1324	2010 fiscal year through the 2011-2012 fiscal year to the cost
1325	of currently funded special facilities construction projects. If
1326	funds are made available in the General Appropriations Act for
1327	the 2009-2010 fiscal year for the district school board of
1328	Calhoun County from the Special Facility Construction Account,
1329	the district school board of Calhoun County shall contribute
1330	1.125 mills for each of the fiscal years from the 2009-2010
1331	fiscal year through the 2012-2013 fiscal year to the cost of
1332	currently funded special facilities construction projects.
1333	Section 35.  Section 9 of chapter 2008-142, Laws of
1334	Florida, is repealed.
1335	Section 36.  In order to implement Specific Appropriations
1336	6, 7, 76, and 77 of the General Appropriations Act for the 2009-
1337	2010 fiscal year, the calculations of the Florida Education
1338	Finance Program for the 2009-2010 fiscal year in the document
1339	entitled "Public School Funding - The Florida Education Finance
1340	Program," dated April X, 2009, and filed with the Clerk of the
1341	House of Representatives, are incorporated by reference for the
1342	purpose of displaying the calculations used by the Legislature,
1343	consistent with requirements of the Florida Statutes, in making
1344	appropriations and reductions in appropriations for the Florida
1345	Education Finance Program.
1346	Section 37.  This act shall take effect July 1, 2009;
1347	however, the provisions of s. 1011.71, Florida Statutes, as
1348	amended by this act, shall operate retroactively to July 1,
1349	2008.

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