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; authorizing extension of the school year;
17	clarifying provisions authorizing the payment of earned
18	leave and benefits accrued by a district school board
19	employee before his or her employment contract expires;
20	amending s. 1001.451, F.S.; revising provisions relating
21	to the funding of regional consortium service
22	organizations; amending s. 1001.47, F.S.; authorizing
23	elected district school superintendents to reduce their
24	salary rates on a voluntary basis; requiring that each
25	elected superintendent's salary be reduced by 5 percent
26	for the 2009-2010 fiscal year; amending s. 1001.50, F.S.;
27	clarifying provisions authorizing payment of earned leave
28	and benefits accrued by a superintendent before his or her
29	employment contract terminates; limiting the use of
30	compensation in calculating benefits; encouraging review
31	and reduction of compensation; amending s. 1002.37, F.S.;
32	restricting funds for the Florida Virtual School; amending
33	s. 1002.43, F.S.; conforming provisions; amending s.
34	1002.45, F.S.; revising provisions relating to the
35	provision of and access to school district virtual
36	instruction programs and the provider and accountability
37	requirements for such programs; revising marketing
38	provisions; deleting obsolete provisions; amending s.
39	1002.71, F.S.; revising provisions relating to the funding
40	of prekindergarten programs; revising requirements for the
41	Voluntary Prekindergarten Education Program attendance
42	policy; amending s. 1003.02, F.S.; providing for the
43	operation of schools for a term of 180 days or the
44	equivalent on an hourly basis; amending s. 1003.03, F.S.;
45	extending dates relating to the calculation of the number
46	of students for purposes of complying with the class size
47	requirements; amending s. 1004.55, F.S.; revising
48	provisions relating to the location and service area of a
49	regional autism center; amending s. 1006.06, F.S.;
50	revising provisions relating to school breakfast programs
51	to include state allocations; amending s. 1006.28, F.S.;
52	clarifying the definition of the term "adequate
53	instructional materials"; amending s. 1006.40, F.S.;
54	revising provisions relating to the purchase of
55	instructional materials; amending s. 1008.29, F.S.;
56	revising provisions relating to the establishment of fees
57	for the College-level communications and mathematics
58	skills examination; amending s. 1008.41, F.S.; authorizing
59	rather than requiring the commissioner to employ the
60	Florida Information Resource Network for workforce
61	education data management; amending s. 1010.11, F.S.;
62	providing for the electronic transfer of funds for certain
63	payments; amending s. 1011.18, F.S.; providing for the
64	transfer of funds from depositories for certain payments;
65	amending s. 1011.60, F.S.; revising the minimum
66	requirements for the Florida Education Finance Program
67	relating to the term of operation; providing for 196 days
68	of service or the equivalent on an hourly basis for
69	certain school district personnel; amending s. 1011.61,
70	F.S.; redefining the term "full-time equivalent student";
71	amending s. 1011.62, F.S.; requiring that a student who is
72	enrolled in study hall or participates in on-the-job
73	training may not be included in the calculation of full-
74	time equivalent student membership for funding purposes;
75	revising provisions relating to the final calculation of
76	taxable value for purposes of required local effort;
77	extending a date relating to categorical funds for
78	instructional materials; revising the calculation for the
79	total allocation of state funds to districts for current
80	operations; repealing s. 1011.69(4)(b), F.S., relating to
81	funds excluded from allocations under the Equity in
82	School-Level Funding Act; amending s. 1011.71, F.S.;
83	reducing the authorized millage levy for capital
84	improvement; revising provisions that authorize the
85	expenditure of such millage; waiving the limit for
86	payments under certain lease-purchase agreements for a
87	specified period; authorizing waiver of certain equal
88	dollar reductions; authorizing district school boards to
89	levy additional millage for certain purposes for a
90	specified period; providing restrictions and for certain
91	calculation; amending s. 1011.73, F.S.; correcting a
92	cross-reference; amending s. 1012.33, F.S.; extending the
93	period of service for annual contract school personnel
94	under certain circumstances; deleting provisions relating
95	to the acceptance of certain teacher service; amending s.
96	1012.59, F.S.; revising personnel certification fee
97	provisions; amending s. 1012.71, F.S.; authorizing the
98	department to conduct a pilot program to determine the
99	feasibility of managing the Florida Teachers Lead Program
100	through a centralized electronic system; amending s.
101	1012.72, F.S.; providing requirements for bonuses under
102	the Dale Hickam Excellent Teaching Program; authorizing
103	rules; amending s. 1013.62, F.S.; providing additional
104	uses for charter school capital outlay funds; amending s.
105	1013.64, F.S.; conforming provisions; requiring certain
106	school districts to contribute specified millage amounts
107	for special facilities construction projects; repealing s.
108	9 of ch. 2008-142, Laws of Florida; abrogating the
109	expiration of certain amendments relating to categorical
110	funding for the operation of schools; providing for
111	implementation of specified appropriations; providing for
112	the incorporation by reference of certain calculations
113	used by the Legislature for the 2009-2010 fiscal year;
114	providing for retroactive operation of specified
115	provisions of the act; providing an effective date.
116
117	Be It Enacted by the Legislature of the State of Florida:
118
119	Section 1.  Paragraph (a) of subsection (4) of section
120	1001.20, Florida Statutes, is amended to read:
121	1001.20  Department under direction of state board.--
122	(4)  The Department of Education shall establish the
123	following offices within the Office of the Commissioner of
124	Education which shall coordinate their activities with all other
125	divisions and offices:
126	(a)  Office of Technology and Information
127	Services.--Responsible for developing a systemwide technology
128	plan, making budget recommendations to the commissioner,
129	providing data collection and management for the system,
130	assisting school districts in securing Internet access and
131	telecommunications services, including those eligible for
132	funding under the Schools and Libraries Program of the federal
133	Universal Service Fund, and coordinating services with other
134	state, local, and private agencies. The office shall develop a
135	method to address the need for a statewide approach to planning
136	and operations of library and information services to achieve a
137	single K-20 education system library information portal and a
138	unified higher education library management system. The Florida
139	Virtual School shall be administratively housed within the
140	office.
141	Section 2.  Section 1001.271, Florida Statutes, is created
142	to read:
143	1001.271  Florida Information Resource Network.--Upon
144	requisition by school districts, community colleges,
145	universities, or other eligible users of the Florida Information
146	Resource Network, the Commissioner of Education shall purchase
147	the nondiscounted portion of Internet access services,
148	including, but not limited to, circuits, encryption, content
149	filtering, support, and any other services needed for the
150	effective and efficient operation of the network. Each user
151	shall identify in its requisition the source of funds from which
152	the commissioner is to make payments.
153	Section 3.  Subsection (2) of section 1001.28, Florida
154	Statutes, is amended to read:
155	1001.28  Distance learning duties.--The duties of the
156	Department of Education concerning distance learning include,
157	but are not limited to, the duty to:
158	(2)  Coordinate the use of existing resources, including,
159	but not limited to, the state's satellite transponders on the
160	education satellites, the SUNCOM Network, the Florida
161	Information Resource Network (FIRN), and the Florida Knowledge
162	Network the Department of Management Services, the Department of
163	Corrections, and the Department of Children and Family Services'
164	satellite communication facilities to support a statewide
165	advanced telecommunications services and distance learning
166	initiatives network.
167
168	Nothing in this section shall be construed to abrogate,
169	supersede, alter, or amend the powers and duties of any state
170	agency, district school board, community college board of
171	trustees, university board of trustees, the Board of Governors,
172	or the State Board of Education.
173	Section 4.  Subsection (3) is added to section 1001.395,
174	Florida Statutes, as amended by chapter 2009-3, Laws of Florida,
175	to read:
176	1001.395  District school board members; compensation.--
177	(3)  Notwithstanding the provisions of this section and s.
178	145.19, for the 2009-2010 fiscal year, the salary of each
179	district school board member shall be the amount calculated
180	pursuant to subsection (1) or the salary of members of the
181	Legislature, pursuant to s. 11.13 or any other law, whichever is
182	less.
183	Section 5.  Paragraph (a) of subsection (12) and subsection
184	(25) of section 1001.42, Florida Statutes, as amended by chapter
185	2009-3, Laws of Florida, are amended to read:
186	1001.42  Powers and duties of district school board.--The
187	district school board, acting as a board, shall exercise all
188	powers and perform all duties listed below:
189	(12)  FINANCE.--Take steps to assure students adequate
190	educational facilities through the financial procedure
191	authorized in chapters 1010 and 1011 and as prescribed below:
192	(a)  Provide for all schools to operate at least 180
193	days.--Provide for the operation of all public schools, both
194	elementary and secondary, as free schools for a term of at least
195	180 days or the equivalent on an hourly basis as specified by
196	rules of the State Board of Education; determine district school
197	funds necessary in addition to state funds to operate all
198	schools for such minimum term; and arrange for the levying of
199	district school taxes necessary to provide the amount needed
200	from district sources. Nothing in this section, s. 1003.02, or
201	s. 1011.60 may preclude a school district from extending the
202	school year beyond 180 days or the equivalent on an hourly
203	basis.
204	(25)  EMPLOYMENT CONTRACTS.--On or after February 1, 2009,
205	A district school board may not enter into an employment
206	contract that is funded from state funds and that requires the
207	district to pay from state funds an employee an amount in excess
208	of 1 year of the employee's annual salary for termination, buy-
209	out, or any other type of contract settlement. This subsection
210	does not prohibit the payment of earned leave and benefits in
211	accordance with the district's leave and benefits policies which
212	are accrued by the employee before the contract terminates.
213	Section 6.  Paragraph (c) of subsection (2) of section
214	1001.451, Florida Statutes, is amended to read:
215	1001.451  Regional consortium service organizations.--In
216	order to provide a full range of programs to larger numbers of
217	students, minimize duplication of services, and encourage the
218	development of new programs and services:
219	(2)
220	(c)  Notwithstanding paragraph (a), the appropriation for
221	the 2008-2009 fiscal year may be less than $50,000 per school
222	district and eligible member. If the amount appropriated is
223	insufficient to provide $50,000, the funds available must be
224	prorated among all eligible districts and members. This
225	paragraph expires July 1, 2009.
226	Section 7.  Subsections (6) and (7) are added to section
227	1001.47, Florida Statutes, to read:
228	1001.47  District school superintendent; salary.--
229	(6)  Notwithstanding the provisions of this section and s.
230	145.19, elected district school superintendents may reduce their
231	salary rates on a voluntary basis.
232	(7)  Notwithstanding the provisions of this section and s.
233	145.19, for the 2009-2010 fiscal year, the salary of each
234	elected district school superintendent calculated pursuant to
235	this section shall be reduced by 5 percent.
236	Section 8.  Subsection (2) of section 1001.50, Florida
237	Statutes, as amended by chapter 2009-3, Laws of Florida, is
238	amended, and subsections (5) and (6) are added to that section,
239	to read:
240	1001.50  Superintendents employed under Art. IX of the
241	State Constitution.--
242	(2)  The district school board of each of such districts
243	shall enter into contracts of employment with the district
244	school superintendent and shall adopt rules relating to his or
245	her appointment; however, on or after February 1, 2009, the
246	district school board may not enter into an employment contract
247	that is funded from state funds and that requires the district
248	to pay from state funds a superintendent an amount in excess of
249	1 year of the superintendent's annual salary for termination,
250	buy-out, or any other type of contract settlement. This
251	subsection does not prohibit the payment of earned leave and
252	benefits in accordance with the district's leave and benefits
253	policies which are accrued by the superintendent before the
254	contract terminates.
255	(5)  Notwithstanding any other law, resolution, or rule to
256	the contrary, a district school superintendent employed under
257	this section may not receive more than $225,000 in remuneration
258	annually from state funds. "Remuneration" means salary, bonuses,
259	and cash-equivalent compensation paid to a district school
260	superintendent by his or her employer for work performed,
261	excluding health insurance benefits and retirement benefits.
262	Only compensation, as defined in s. 121.021(22), that is
263	provided to a superintendent may be used in calculating benefits
264	under chapter 121.
265	(6)  District school boards and district school
266	superintendents employed pursuant to this section are encouraged
267	to review the superintendent's annual remuneration for the 2009-
268	2010 fiscal year and mutually agree to a reduction of at least 5
269	percent.
270	Section 9.  Paragraph (c) of subsection (1) of section
271	1002.43, Florida Statutes, is amended to read:
272	1002.43  Private tutoring programs.--
273	(1)  Regular school attendance as defined in s. 1003.01(13)
274	may be achieved by attendance in a private tutoring program if
275	the person tutoring the student meets the following
276	requirements:
277	(c)  Requires students to be in actual attendance for the
278	minimum length of time prescribed by s. 1011.60(2).
279	Section 10.  Paragraph (g) of subsection (3) of section
280	1002.37, Florida Statutes, is amended to read:
281	1002.37  The Florida Virtual School.--
282	(3)  Funding for the Florida Virtual School shall be
283	provided as follows:
284	(g)  The Florida Virtual School shall receive additional
285	state funds as may be provided in the General Appropriations
286	Act; however, such funds may not be provided for the purpose of
287	fulfilling the class size requirements in ss. 1003.03 and
288	1011.685.
289	Section 11.  Subsections (1), (2), (7), (8), (10), (11),
290	and (12) of section 1002.45, Florida Statutes, are amended to
291	read:
292	1002.45  School district virtual instruction programs.--
293	(1)  PROGRAM.--
294	(a)  Beginning with the 2009-2010 school year, each school
295	district may shall provide eligible students within its
296	boundaries the option of participating in a virtual instruction
297	program operated by the school district which is a program
298	separate from the Florida Virtual School under s. 1002.37. The
299	purpose of the program is to make instruction available to
300	students using online and distance learning technology in the
301	nontraditional classroom and to provide an exit option for
302	students authorized to participate under paragraph (7)(c). The
303	program shall be provide virtual instruction to full-time for
304	students enrolled in full-time virtual courses in kindergarten
305	through grade 8 and or in full-time or part-time for students
306	enrolled virtual courses in grades 9 through 12 as authorized in
307	paragraph (7)(c).
308	(b)  Each school district's virtual instruction program
309	shall use may consist of one or more schools that are operated
310	by the district or by contracted providers approved by the
311	Department of Education under subsection (2). School districts
312	may participate in multidistrict contractual arrangements, which
313	may include contracts executed by a regional consortium for its
314	member districts, to provide such programs.
315	(c)  Except as provided in paragraph (7)(c), virtual
316	instruction is instruction in which at least 80 percent of the
317	direct instruction is provided by a Florida-certified teacher
318	using some form of technology when the student and the teacher
319	are separated by time or space, or both.
320	(d)  If a student was enrolled in a K-8 Virtual School
321	Program under s. 1002.415 for the 2008-2009 school year and the
322	student resides in a school district that does not offer a
323	virtual instruction program, the school district must provide
324	the student access to the virtual school program in which the
325	student was enrolled during the 2008-2009 school year.
326	(c)  A charter school may enter into a joint agreement with
327	the school district in which it is located for the charter
328	school's students to participate in an approved district virtual
329	instruction program.
330	(2)  PROVIDER QUALIFICATIONS.--On or before March 1, 2009,
331	and annually thereafter, The department shall annually provide
332	school districts with a list of no more than two approved
333	providers for the K-8 virtual instruction program and no more
334	than two approved providers for the virtual instruction program
335	under paragraph (7)(c) providers approved to offer virtual
336	instruction. To be approved by the department, a contract
337	provider must annually document that it:
338	(a)  Is nonsectarian in its programs, admission policies,
339	employment practices, and operations;
340	(b)  Complies with the antidiscrimination provisions of s.
341	1000.05;
342	(c)  Locates an administrative office or offices in this
343	state, requires its administrative staff to be state residents,
344	and requires all instructional staff members to be Florida-
345	certified teachers;
346	(d)  Possesses prior, successful experience offering online
347	courses to elementary, middle, or high school students;
348	(e)  Utilizes Florida-certified an instructional model that
349	relies on certified teachers, not parents, to provide at least
350	85 percent of the instruction to the student;
351	(f)  Requires all school employees to have background
352	screening as required by s. 1012.32;
353	(g)  Provides no more than 20 percent of instruction to the
354	student by a parent or an instructional coach;
355	(h)(f)  Is accredited by the Southern Association of
356	Colleges and Schools Council on Accreditation and School
357	Improvement, the North Central Association Commission on
358	Accreditation and School Improvement, the Middle States
359	Association of Colleges and Schools Commission on Elementary
360	Schools and Commission on Secondary Schools, the New England
361	Association of Schools and Colleges, the Northwest Association
362	of Accredited Schools, or the Western Association of Schools and
363	Colleges the Commission on Colleges of the Southern Association
364	of Colleges and Schools, the Middle States Association of
365	Colleges and Schools, the North Central Association of Colleges
366	and Schools, or the New England Association of Colleges and
367	Schools; and
368	(i)(g)  Complies with all requirements under this section.
369
370	Notwithstanding this subsection, approved providers of virtual
371	instruction shall include the Florida Virtual School established
372	under s. 1002.37 and providers that operate under s. 1002.415.
373	(7)  FUNDING.--
374	(a)  For purposes of a district virtual instruction
375	program, "full-time equivalent student" has the same meaning as
376	provided in s. 1011.61(1)(c)1.b.(III) or (IV).
377	(b)  The school district shall report full-time equivalent
378	students for the school district virtual instruction program and
379	for a charter school's students who participate under paragraph
380	(1)(c) to the department only in a manner prescribed by the
381	department, and funding shall be provided through the Florida
382	Education Finance Program.
383	(c)  Full-time or part-time school district virtual
384	instruction program courses provided under this section for
385	students in grades 9 through 12 are limited to Department of
386	Juvenile Justice programs, dropout prevention programs, and
387	career and vocational programs.
388	(8)  ASSESSMENT AND ACCOUNTABILITY.--
389	(a)  With the exception of the programs offered by the
390	Florida Virtual School under s. 1002.37, Each school district K-
391	8 virtual instruction program must:
392	1.  participate in the statewide assessment program under
393	s. 1008.22 and in the state's education performance
394	accountability system under s. 1008.31.
395	2.  Receive a school grade as provided in s. 1008.34. A
396	school district virtual instruction program shall be considered
397	a school under s. 1008.34 for purposes of this section,
398	regardless of the number of individual providers participating
399	in the district's program.
400	(b)  The department shall aggregate by provider the
401	statewide assessment scores of the students in each school
402	district full-time K-8 virtual instruction program at the end of
403	each year and publish a statewide school grade for each
404	provider. The performance of part-time students under paragraph
405	(7)(c) shall not be included for purposes of school grading
406	under subparagraph (a)2.; however, their performance shall be
407	included for school grading purposes by the nonvirtual school
408	providing the student's primary instruction.
409	(c)  A provider program that is designated with a grade of
410	"D," making less than satisfactory progress, or "F," failing to
411	make adequate progress, must file a school improvement plan with
412	the department for consultation to determine the causes for low
413	performance and to develop a plan for correction and
414	improvement.
415	(d)  The school district shall terminate its program with a
416	provider, including all contracts with providers for such
417	program, if the provider program receives a grade of "D," making
418	less than satisfactory progress, or "F," failing to make
419	adequate progress, for 2 years during any consecutive 4-year
420	period. If a contract is not renewed or is terminated, the
421	contracted provider is responsible for all debts of the program
422	or school operated by the provider.
423	(e)  A school district that terminates its contract with a
424	provider program under paragraph (d) may shall contract with
425	another a provider selected and approved by the department for
426	the provision of virtual instruction until the school district
427	receives approval from the department to operate a new school
428	district virtual instruction program.
429	(10)  MARKETING.--Any information provided by a school
430	district to parents and students regarding the school district's
431	virtual education instruction program must include information
432	about opportunities available at, and the parent's and student's
433	right to access courses offered by the school district virtual
434	instruction program and by, the Florida Virtual School under s.
435	1002.37.
436	(11)  2008-2009 SCHOOL DISTRICT VIRTUAL INSTRUCTION
437	PROGRAM.--For the 2008-2009 school year, each school district in
438	the state may offer a school district virtual instruction
439	program to provide full-time virtual courses in kindergarten
440	through grade 8 or to provide full-time or part-time virtual
441	courses in grades 9 through 12 as authorized in paragraph
442	(7)(c). Such program may be operated or contracted as provided
443	under paragraph (1)(b) and must comply with all requirements of
444	this section, except that contracts under this subsection may
445	only be issued for virtual courses in kindergarten through grade
446	8 to providers operating under s. 1002.415 or for virtual
447	courses in grades 9 through 12 as authorized under paragraph
448	(7)(c) to providers who contracted with a regional consortium in
449	the 2007-2008 school year to provide such services.
450	(11)(12)  RULES.--The State Board of Education shall adopt
451	rules necessary to administer this section, including rules that
452	prescribe school district and charter school reporting
453	requirements.
454	Section 12.  Paragraph (a) of subsection (4) and paragraph
455	(d) of subsection (6) of section 1002.71, Florida Statutes, as
456	amended by chapter 2009-3, Laws of Florida, are amended to read:
457	1002.71  Funding; financial and attendance reporting.--
458	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
459	(a)  A child who, for any of the prekindergarten programs
460	listed in s. 1002.53(3), has not completed more than 70 10
461	percent of the hours authorized to be reported for funding under
462	subsection (2) may withdraw from the program for good cause and,
463	reenroll in one of the programs, and be reported for funding
464	purposes as a full-time equivalent student in the program for
465	which the child is reenrolled. The total funding for a child who
466	reenrolls in one of the programs for good cause shall not exceed
467	one full-time equivalent student. Funding for a child who
468	withdraws and reenrolls in one of the programs for good cause
469	shall be issued in accordance with the uniform attendance policy
470	adopted pursuant to paragraph (6)(d).
471
472	A child may reenroll only once in a prekindergarten program
473	under this section. A child who reenrolls in a prekindergarten
474	program under this subsection may not subsequently withdraw from
475	the program and reenroll. The Agency for Workforce Innovation
476	shall establish criteria specifying whether a good cause exists
477	for a child to withdraw from a program under paragraph (a),
478	whether a child has substantially completed a program under
479	paragraph (b), and whether an extreme hardship exists which is
480	beyond the child's or parent's control under paragraph (b).
481	(6)
482	(d)  The Agency for Workforce Innovation shall adopt, for
483	funding purposes, a uniform attendance policy for the Voluntary
484	Prekindergarten Education Program. The attendance policy must
485	apply statewide and apply equally to all private prekindergarten
486	providers and public schools. The attendance policy must
487	establish a minimum requirement for student attendance and
488	include at least the following provisions:
489	1.  Beginning with the 2009-2010 fiscal year for school-
490	year programs, a student's attendance may be reported on a pro
491	rata basis as a fraction of and the 2009 summer program, a
492	student who meets the minimum requirement of 80 percent of the
493	total number of hours for the program may be reported as a full-
494	time equivalent student for funding purposes.
495	2.  At a maximum, 20 percent of the total payment for each
496	student made to a private kindergarten provider or public school
497	may be for hours a student is absent. A student who does not
498	meet the minimum requirement may be reported only as a
499	fractional part of a full-time equivalent student, reduced pro
500	rata based on the student's attendance.
501	3.  A private prekindergarten provider or public school may
502	not receive payment for absences that occur before a student's
503	first day of attendance or after a student's last day of
504	attendance. A student who does not meet the minimum requirement
505	may be reported as a full-time equivalent student if the student
506	is absent for good cause in accordance with exceptions specified
507	in the uniform attendance policy.
508
509	The uniform attendance policy shall be used only for funding
510	purposes and does not prohibit a private prekindergarten
511	provider or public school from adopting and enforcing its
512	attendance policy under paragraphs (a) and (c).
513	Section 13.  Paragraph (g) of subsection (1) of section
514	1003.02, Florida Statutes, is amended to read:
515	1003.02  District school board operation and control of
516	public K-12 education within the school district.--As provided
517	in part II of chapter 1001, district school boards are
518	constitutionally and statutorily charged with the operation and
519	control of public K-12 education within their school district.
520	The district school boards must establish, organize, and operate
521	their public K-12 schools and educational programs, employees,
522	and facilities. Their responsibilities include staff
523	development, public K-12 school student education including
524	education for exceptional students and students in juvenile
525	justice programs, special programs, adult education programs,
526	and career education programs. Additionally, district school
527	boards must:
528	(1)  Provide for the proper accounting for all students of
529	school age, for the attendance and control of students at
530	school, and for proper attention to health, safety, and other
531	matters relating to the welfare of students in the following
532	fields:
533	(g)  School operation.--
534	1.  Provide for the operation of all public schools as free
535	schools for a term of at least 180 days or the equivalent on an
536	hourly basis as specified by rules of the State Board of
537	Education; determine district school funds necessary in addition
538	to state funds to operate all schools for the minimum term; and
539	arrange for the levying of district school taxes necessary to
540	provide the amount needed from district sources.
541	2.  Prepare, adopt, and timely submit to the Department of
542	Education, as required by law and by rules of the State Board of
543	Education, the annual school budget, so as to promote the
544	improvement of the district school system.
545	Section 14.  Paragraph (b) of subsection (2) of section
546	1003.03, Florida Statutes, is amended to read:
547	1003.03  Maximum class size.--
548	(2)  IMPLEMENTATION.--
549	(b)  Determination of the number of students per classroom
550	in paragraph (a) shall be calculated as follows:
551	1.  For fiscal years 2003-2004 through 2005-2006, the
552	calculation for compliance for each of the 3 grade groupings
553	shall be the average at the district level.
554	2.  For fiscal years 2006-2007 through 2009-2010 2008-2009,
555	the calculation for compliance for each of the 3 grade groupings
556	shall be the average at the school level.
557	3.  For fiscal year 2010-2011 2009-2010 and thereafter, the
558	calculation for compliance shall be at the individual classroom
559	level.
560	4.  For fiscal years 2006-2007 through 2009-2010 and
561	thereafter, each teacher assigned to any classroom shall be
562	included in the calculation for compliance.
563	Section 15.  Paragraph (a) of subsection (1) of section
564	1004.55, Florida Statutes, is amended to read:
565	1004.55  Regional autism centers.--
566	(1)  Seven regional autism centers are established to
567	provide nonresidential resource and training services for
568	persons of all ages and of all levels of intellectual
569	functioning who have autism, as defined in s. 393.063; who have
570	a pervasive developmental disorder that is not otherwise
571	specified; who have an autistic-like disability; who have a dual
572	sensory impairment; or who have a sensory impairment with other
573	handicapping conditions. Each center shall be operationally and
574	fiscally independent and shall provide services within its
575	geographical region of the state. Service delivery shall be
576	consistent for all centers. Each center shall coordinate
577	services within and between state and local agencies and school
578	districts but may not duplicate services provided by those
579	agencies or school districts. The respective locations and
580	service areas of the centers are:
581	(a)  The College of Medicine Department of Communication
582	Disorders at Florida State University, which serves Bay,
583	Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson,
584	Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor,
585	Wakulla, Walton, and Washington Counties.
586	Section 16.  Paragraph (b) of subsection (5) of section
587	1006.06, Florida Statutes, is amended to read:
588	1006.06  School food service programs.--
589	(5)
590	(b)  Beginning with the 2009-2010 school year, each school
591	district must annually set prices for breakfast meals at rates
592	that, combined with federal reimbursements and state
593	allocations, are sufficient to defray costs of school breakfast
594	programs without requiring allocations from the district's
595	operating funds, except if the district school board approves
596	lower rates.
597	Section 17.  Subsection (1) of section 1006.28, Florida
598	Statutes, is amended to read:
599	1006.28  Duties of district school board, district school
600	superintendent; and school principal regarding K-12
601	instructional materials.--
602	(1)  DISTRICT SCHOOL BOARD.--The district school board has
603	the duty to provide adequate instructional materials for all
604	students in accordance with the requirements of this part. The
605	term "adequate instructional materials" means a sufficient
606	number of textbooks or sets of materials that are available in
607	bound, unbound, kit, or package form and may consist of
608	hardbacked or softbacked textbooks, consumables, learning
609	laboratories, manipulatives, electronic media, and computer
610	courseware or software that serve serving as the basis for
611	instruction for each student in the core courses of mathematics,
612	language arts, social studies, science, reading, and literature,
613	except for instruction for which the school advisory council
614	approves the use of a program that does not include a textbook
615	as a major tool of instruction. The district school board has
616	the following specific duties:
617	(a)  Courses of study; adoption.--Adopt courses of study
618	for use in the schools of the district.
619	(b)  Textbooks.--Provide for proper requisitioning,
620	distribution, accounting, storage, care, and use of all
621	instructional materials furnished by the state and furnish such
622	other instructional materials as may be needed. The district
623	school board shall assure that instructional materials used in
624	the district are consistent with the district goals and
625	objectives and the curriculum frameworks adopted by rule of the
626	State Board of Education, as well as with the state and district
627	performance standards provided for in s. 1001.03(1).
628	(c)  Other instructional materials.--Provide such other
629	teaching accessories and aids as are needed for the school
630	district's educational program.
631	(d)  School library media services; establishment and
632	maintenance.--Establish and maintain a program of school library
633	media services for all public schools in the district, including
634	school library media centers, or school library media centers
635	open to the public, and, in addition such traveling or
636	circulating libraries as may be needed for the proper operation
637	of the district school system.
638	Section 18.  Subsection (4) of section 1006.40, Florida
639	Statutes, is amended to read:
640	1006.40  Use of instructional materials allocation;
641	instructional materials, library books, and reference books;
642	repair of books.--
643	(4)  The funds described in subsection (3) which district
644	school boards may use to purchase materials not on the state-
645	adopted list shall be used for the purchase of instructional
646	materials or other items having intellectual content which
647	assist in the instruction of a subject or course. These items
648	may be available in bound, unbound, kit, or package form and may
649	consist of hardbacked or softbacked textbooks, replacements for
650	items which were part of previously purchased instructional
651	materials, consumables, learning laboratories, manipulatives,
652	electronic media, computer courseware or software, and other
653	commonly accepted instructional tools as prescribed by district
654	school board rule. The funds available to district school boards
655	for the purchase of materials not on the state-adopted list may
656	not be used to purchase electronic or computer hardware unless
657	even if such hardware is bundled with other state-adopted
658	instructional materials such as textbooks, software, or other
659	electronic media, nor may such funds be used to purchase
660	equipment or supplies. However, when authorized to do so in the
661	General Appropriations Act, a school or district school board
662	may use a portion of the funds available to it for the purchase
663	of materials not on the state-adopted list to purchase science
664	laboratory materials and supplies.
665	Section 19.  Subsections (7) and (8) of section 1008.29,
666	Florida Statutes, are amended to read:
667	1008.29  College-level communication and mathematics skills
668	examination (CLAST).--
669	(7)  The State Board of Education shall collaborate with
670	the Board of Governors to establish rules instituting uniform
671	fees for all students, including private postsecondary students,
672	who take the CLAST. The fees shall be sufficient to cover the
673	actual cost of developing and administering the examination, by
674	rule, shall establish fees for the administration of the
675	examination to private postsecondary students.
676	(8)(a)  The State Board of Education, by rule, shall
677	establish fees for the administration of the examination by
678	community colleges at times other than regularly scheduled dates
679	to accommodate examinees who are unable to be tested on those
680	dates. The state board shall establish the conditions under
681	which examinees may be admitted to the special administrations.
682	(b)  The Board of Governors may establish fees for the
683	administration of the examination by state universities at times
684	other than regularly scheduled dates to accommodate examinees
685	who are unable to be tested on those dates. The Board of
686	Governors may establish the conditions under which examinees may
687	be admitted to the special administrations.
688	Section 20.  Paragraph (c) of subsection (1) of section
689	1008.41, Florida Statutes, is amended to read:
690	1008.41  Workforce education; management information
691	system.--
692	(1)  The Commissioner of Education shall coordinate uniform
693	program structures, common definitions, and uniform management
694	information systems for workforce education for all divisions
695	within the department. In performing these functions, the
696	commissioner shall designate deadlines after which data elements
697	may not be changed for the coming fiscal or school year. School
698	districts and community colleges shall be notified of data
699	element changes at least 90 days prior to the start of the
700	subsequent fiscal or school year. Such systems must provide for:
701	(c)  Maximum use of automated technology and records in
702	existing databases and data systems. To the extent feasible, the
703	Florida Information Resource Network may shall be employed for
704	this purpose.
705	Section 21.  Section 1010.11, Florida Statutes, is amended
706	to read:
707	1010.11  Electronic transfer of funds.--Pursuant to the
708	provisions of s. 215.85, each district school board, community
709	college board of trustees, and university board of trustees
710	shall adopt written policies prescribing the accounting and
711	control procedures under which any funds under their control are
712	allowed to be moved by electronic transaction for any purpose
713	including direct deposit, wire transfer, withdrawal, or
714	investment, or payment. Electronic transactions shall comply
715	with the provisions of chapter 668.
716	Section 22.  Subsection (4) of section 1011.18, Florida
717	Statutes, is amended to read:
718	1011.18  School depositories; payments into and withdrawals
719	from depositories.--
720	(4)  HOW FUNDS DRAWN FROM DEPOSITORIES.--All money drawn
721	from any district school depository holding same as prescribed
722	herein shall be upon a check or warrant drawn on authority of
723	the district school board as prescribed by law. Each check or
724	warrant shall be signed by the chair or, in his or her absence,
725	the vice chair of the district school board and countersigned by
726	the district school superintendent, with corporate seal of the
727	school board affixed. However, as a matter of convenience, the
728	corporate seal of the district school board may be printed upon
729	the warrant and a proper record of such warrant shall be
730	maintained. The district school board may by resolution, a copy
731	of which must be delivered to the depository, provide for
732	internal funds to be withdrawn from any district depository by a
733	check duly signed by at least two bonded school employees
734	designated by the board to be responsible for administering such
735	funds. However, the district school superintendent or his or her
736	designee, after having been by resolution specifically
737	authorized by the district school board, may transfer funds from
738	one depository to another, within a depository, to another
739	institution, or from another institution to a depository for
740	investment purposes and may transfer funds to pay expenses,
741	expenditures, or other disbursements that must be evidenced by
742	an invoice or other appropriate documentation in a similar
743	manner when the transfer does not represent an expenditure,
744	advance, or reduction of cash assets. Such transfer may be made
745	by electronic, telephonic, or other medium; and each transfer
746	shall be confirmed in writing and signed by the district school
747	superintendent or his or her designee.
748	Section 23.  Subsection (2) and paragraphs (d) and (f) of
749	subsection (3) of section 1011.60, Florida Statutes, are amended
750	to read:
751	1011.60  Minimum requirements of the Florida Education
752	Finance Program.--Each district which participates in the state
753	appropriations for the Florida Education Finance Program shall
754	provide evidence of its effort to maintain an adequate school
755	program throughout the district and shall meet at least the
756	following requirements:
757	(2)  MINIMUM TERM.--Operate all schools for a term of at
758	least 180 actual teaching days or the equivalent on an hourly
759	basis as specified by rules of the State Board of Education each
760	school year. The State Board of Education may prescribe
761	procedures for altering, and, upon written application, may
762	alter, this requirement during a national, state, or local
763	emergency as it may apply to an individual school or schools in
764	any district or districts if, in the opinion of the board, it is
765	not feasible to make up lost days or hours, and the
766	apportionment may, at the discretion of the Commissioner of
767	Education and if the board determines that the reduction of
768	school days or hours is caused by the existence of a bona fide
769	emergency, be reduced for such district or districts in
770	proportion to the decrease in the length of term in any such
771	school or schools. A strike, as defined in s. 447.203(6), by
772	employees of the school district may not be considered an
773	emergency.
774	(3)  EMPLOYMENT POLICIES.--Adopt rules relating to the
775	appointment, promotion, transfer, suspension, and dismissal of
776	personnel.
777	(d)  District school boards may authorize a maximum of six
778	paid legal holidays which shall apply to the 196 days of service
779	or the equivalent on an hourly basis.
780	(f)  Such rules must require 12 calendar months of service
781	for such principals as prescribed by rules of the State Board of
782	Education and must require 10 months to include not less than
783	196 days of service or the equivalent on an hourly basis,
784	excluding Sundays and other holidays, for all members of the
785	instructional staff, with any such service on a 12-month basis
786	to include reasonable allowance for vacation or further study as
787	prescribed by the school board in accordance with rules of the
788	State Board of Education.
789	Section 24.  Paragraph (c) of subsection (1) of section
790	1011.61, Florida Statutes, is amended to read:
791	1011.61  Definitions.--Notwithstanding the provisions of s.
792	1000.21, the following terms are defined as follows for the
793	purposes of the Florida Education Finance Program:
794	(1)  A "full-time equivalent student" in each program of
795	the district is defined in terms of full-time students and part-
796	time students as follows:
797	(c)1.  A "full-time equivalent student" is:
798	a.  A full-time student in any one of the programs listed
799	in s. 1011.62(1)(c); or
800	b.  A combination of full-time or part-time students in any
801	one of the programs listed in s. 1011.62(1)(c) which is the
802	equivalent of one full-time student based on the following
803	calculations:
804	(I)  A full-time student, except a postsecondary or adult
805	student or a senior high school student enrolled in adult
806	education when such courses are required for high school
807	graduation, in a combination of programs listed in s.
808	1011.62(1)(c) shall be a fraction of a full-time equivalent
809	membership in each special program equal to the number of net
810	hours per school year for which he or she is a member, divided
811	by the appropriate number of hours set forth in subparagraph
812	(a)1. or subparagraph (a)2. The difference between that fraction
813	or sum of fractions and the maximum value as set forth in
814	subsection (4) for each full-time student is presumed to be the
815	balance of the student's time not spent in such special
816	education programs and shall be recorded as time in the
817	appropriate basic program.
818	(II)  A prekindergarten handicapped student shall meet the
819	requirements specified for kindergarten students.
820	(III)  A full-time equivalent student for students in
821	grades K-8 in a school district virtual instruction program as
822	provided in s. 1002.45 shall consist of a student who has
823	successfully completed a basic program listed in s.
824	1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
825	level by August 31 of each year. The maximum value for funding a
826	student in a virtual instruction program is subject to
827	subsection (4).
828	(IV)  A full-time equivalent student for students in grades
829	9-12 in a school district virtual instruction program as
830	provided in s. 1002.45 shall consist of six full credit
831	completions in programs listed in s. 1011.62(1)(c)1. and 3. 4.
832	Credit completions can be a combination of either full credits
833	or half credits.
834	(V)  A full-time equivalent student of the Florida Virtual
835	School or of any approved school district franchise of the
836	Florida Virtual School, as provided in s. 1002.37, full-time
837	equivalent student shall consist of six full credit completions
838	in the programs listed in s. 1011.62(1)(c)1.b. for grades 6
839	through 8 and the programs listed in s. 1011.62(1)(c)1.c. for
840	grades 9 through 12 s. 1011.62(1)(c)1. and 4. Credit completions
841	can be a combination of either full credits or half credits. A
842	school district franchise full-time equivalent student may be
843	reported for funding up to August 31 of each year.
844	(VI)  Each successfully completed credit earned under the
845	alternative high school course credit requirements authorized in
846	s. 1002.375, which is not reported as a portion of the 900 net
847	hours of instruction pursuant to subparagraph (1)(a)1., shall be
848	calculated as 1/6 FTE.
849	2.  A student in membership in a program scheduled for more
850	or less than 180 school days or the equivalent on an hourly
851	basis is a fraction of a full-time equivalent membership equal
852	to the number of instructional hours in membership divided by
853	the appropriate number of hours set forth in subparagraph (a)1.;
854	however, for the purposes of this subparagraph, membership in
855	programs scheduled for more than 180 days or the equivalent on
856	an hourly basis is limited to students enrolled in juvenile
857	justice education programs, and the Florida Virtual School, and
858	a school district virtual instruction program.
859
860	The department shall determine and implement an equitable method
861	of equivalent funding for experimental schools and for schools
862	operating under emergency conditions, which schools have been
863	approved by the department to operate for less than the minimum
864	school day.
865	Section 25.  Paragraphs (l) through (t) of subsection (1)
866	of section 1011.62, Florida Statutes, are redesignated as
867	paragraphs (n) through (v), respectively, and new paragraphs (l)
868	and (m) are added to that subsection, and paragraph (b) of
869	subsection (4), paragraph (b) of subsection (6), and paragraph
870	(a) of subsection (12) of that section are amended, to read:
871	1011.62  Funds for operation of schools.--If the annual
872	allocation from the Florida Education Finance Program to each
873	district for operation of schools is not determined in the
874	annual appropriations act or the substantive bill implementing
875	the annual appropriations act, it shall be determined as
876	follows:
877	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
878	OPERATION.--The following procedure shall be followed in
879	determining the annual allocation to each district for
880	operation:
881	(l)  Study hall.--A student who is enrolled in study hall
882	may not be included in the calculation of full-time equivalent
883	student membership for funding under this section.
884	(m)  On-the-job training.--A student who participates in
885	on-the-job training, excluding classroom instruction, may not be
886	included in the calculation of full-time equivalent student
887	membership for funding under this section.
888	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
889	Legislature shall prescribe the aggregate required local effort
890	for all school districts collectively as an item in the General
891	Appropriations Act for each fiscal year. The amount that each
892	district shall provide annually toward the cost of the Florida
893	Education Finance Program for kindergarten through grade 12
894	programs shall be calculated as follows:
895	(b)  Final calculation.--
896	1.  The taxable value for school purposes certified by the
897	Department of Revenue which is used in the fourth calculation
898	with the annualized full-time student membership from the
899	February student survey shall be the final taxable value used in
900	the final calculation.
901	2.  For purposes of this paragraph, the final taxable value
902	for school purposes shall be the taxable value for school
903	purposes on which the tax bills are computed and mailed to the
904	taxpayers, adjusted to reflect final administrative actions of
905	value adjustment boards and judicial decisions pursuant to
906	chapter 194. For each county that has not submitted a revised
907	tax roll reflecting final value adjustment board actions and
908	final judicial decisions, the Department of Revenue shall
909	certify the most recent revision of the taxable value for school
910	purposes on which the tax bills are computed and mailed to
911	taxpayers, adjusted by the average percentage difference, over
912	the most recent 3 years for which the information is available,
913	between the taxable value for school purposes on which the tax
914	bills are computed and the taxable value for school purposes on
915	which the tax bills are computed as adjusted to reflect final
916	administrative actions of value adjustment board and judicial
917	decisions pursuant to chapter 194.
918	3.  The value certified under subparagraph 1. shall be the
919	final taxable value for school purposes for that year, and no
920	further adjustments shall be made, except those made pursuant to
921	paragraph (12)(b).
922	(6)  CATEGORICAL FUNDS.--
923	(b)  If a district school board finds and declares in a
924	resolution adopted at a regular meeting of the school board that
925	the funds received for any of the following categorical
926	appropriations are urgently needed to maintain school board
927	specified academic classroom instruction, the school board may
928	consider and approve an amendment to the school district
929	operating budget transferring the identified amount of the
930	categorical funds to the appropriate account for expenditure:
931	1.  Funds for student transportation.
932	2.  Funds for safe schools.
933	3.  Funds for supplemental academic instruction.
934	4.  Funds for research-based reading instruction.
935	5.  Funds for instructional materials if all instructional
936	material purchases have been completed for that fiscal year, but
937	no sooner than March 1, 2010 2009.
938	(12)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
939	CURRENT OPERATION.--The total annual state allocation to each
940	district for current operation for the FEFP shall be distributed
941	periodically in the manner prescribed in the General
942	Appropriations Act.
943	(a)  The basic amount for current operation for the FEFP as
944	determined in subsection (1), multiplied by the district cost
945	differential factor as determined in subsection (2), plus the
946	amounts provided for categorical components within the FEFP,
947	plus the discretionary millage compression supplement as
948	determined in subsection (5), the amount for the sparsity
949	supplement as determined in subsection (7), the decline in full-
950	time equivalent students as determined in subsection (8), the
951	research-based reading instruction allocation as determined in
952	subsection (9), the allocation for juvenile justice education
953	programs as determined in subsection (10), the quality assurance
954	guarantee as determined in subsection (11), the allocation for
955	instructional materials as determined in s. 1011.67, the
956	allocation for student transportation as determined in s.
957	1011.68, and the allocation for the Florida Teachers Lead
958	Program as determined in s. 1012.71, less the required local
959	effort as determined in subsection (4). If the funds
960	appropriated for the purpose of funding the total amount for
961	current operation as provided in this paragraph are not
962	sufficient to pay the state requirement in full, the department
963	shall prorate the available state funds to each district in the
964	following manner:
965	1.  Determine the percentage of proration by dividing the
966	sum of the total amount for current operation, as provided in
967	this paragraph for all districts collectively, and the total
968	district required local effort into the sum of the state funds
969	available for current operation and the total district required
970	local effort.
971	2.  Multiply the percentage so determined by the sum of the
972	total amount for current operation as provided in this paragraph
973	and the required local effort for each individual district.
974	3.  From the product of such multiplication, subtract the
975	required local effort of each district; and the remainder shall
976	be the amount of state funds allocated to the district for
977	current operation.
978	Section 26.  Paragraph (b) of subsection (4) of section
979	1011.69, Florida Statutes, is repealed.
980	Section 27.  Section 1011.71, Florida Statutes, as amended
981	by chapter 2009-3, Laws of Florida, is amended to read:
982	1011.71  District school tax.--
983	(1)  If the district school tax is not provided in the
984	General Appropriations Act or the substantive bill implementing
985	the General Appropriations Act, each district school board
986	desiring to participate in the state allocation of funds for
987	current operation as prescribed by s. 1011.62(12) shall levy on
988	the taxable value for school purposes of the district, exclusive
989	of millage voted under the provisions of s. 9(b) or s. 12, Art.
990	VII of the State Constitution, a millage rate not to exceed the
991	amount certified by the commissioner as the minimum millage rate
992	necessary to provide the district required local effort for the
993	current year, pursuant to s. 1011.62(4)(a)1. In addition to the
994	required local effort millage levy, each district school board
995	may levy a nonvoted current operating discretionary millage. The
996	Legislature shall prescribe annually in the appropriations act
997	the maximum amount of millage a district may levy.
998	(2)  In addition to the maximum millage levy as provided in
999	subsection (1), each school board may levy not more than 1.5
1000	1.75 mills against the taxable value for school purposes for
1001	district schools, including charter schools at the discretion of
1002	the school board, to fund:
1003	(a)  New construction and remodeling projects, as set forth
1004	in s. 1013.64(3)(b) and (6)(b) and included in the district's
1005	educational plant survey pursuant to s. 1013.31, without regard
1006	to prioritization, sites and site improvement or expansion to
1007	new sites, existing sites, auxiliary facilities, athletic
1008	facilities, or ancillary facilities.
1009	(b)  Maintenance, renovation, and repair of existing school
1010	plants or of leased facilities to correct deficiencies pursuant
1011	to s. 1013.15(2).
1012	(c)  The purchase, lease-purchase, or lease of school
1013	buses.
1014	(d)  Effective July 1, 2008, the purchase, lease-purchase,
1015	or lease of new and replacement equipment, and enterprise
1016	resource software applications that are classified as capital
1017	assets in accordance with definitions of the Governmental
1018	Accounting Standards Board, have a useful life of at least 5
1019	years, and are used to support districtwide administration or
1020	state-mandated reporting requirements.
1021	(e)  Payments for educational facilities and sites due
1022	under a lease-purchase agreement entered into by a district
1023	school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
1024	exceeding, in the aggregate, an amount equal to three-fourths of
1025	the proceeds from the millage levied by a district school board
1026	pursuant to this subsection. For the 2009-2010 fiscal year, the
1027	three-fourths limit is waived for lease-purchase agreements
1028	entered into before June 30, 2009, by a district school board
1029	pursuant to this paragraph.
1030	(f)  Payment of loans approved pursuant to ss. 1011.14 and
1031	1011.15.
1032	(g)  Payment of costs directly related to complying with
1033	state and federal environmental statutes, rules, and regulations
1034	governing school facilities.
1035	(h)  Payment of costs of leasing relocatable educational
1036	facilities, of renting or leasing educational facilities and
1037	sites pursuant to s. 1013.15(2), or of renting or leasing
1038	buildings or space within existing buildings pursuant to s.
1039	1013.15(4).
1040	(i)  Payment of the cost of school buses when a school
1041	district contracts with a private entity to provide student
1042	transportation services if the district meets the requirements
1043	of this paragraph.
1044	1.  The district's contract must require that the private
1045	entity purchase, lease-purchase, or lease, and operate and
1046	maintain, one or more school buses of a specific type and size
1047	that meet the requirements of s. 1006.25.
1048	2.  Each such school bus must be used for the daily
1049	transportation of public school students in the manner required
1050	by the school district.
1051	3.  Annual payment for each such school bus may not exceed
1052	10 percent of the purchase price of the state pool bid.
1053	4.  The proposed expenditure of the funds for this purpose
1054	must have been included in the district school board's notice of
1055	proposed tax for school capital outlay as provided in s.
1056	200.065(10).
1057	(j)  Payment of the cost of the opening day collection for
1058	the library media center of a new school.
1059	(k)  Payment of the cost of premiums for property and
1060	casualty insurance necessary to insure school district
1061	educational and ancillary plants as required by ss.
1062	1001.42(11)(d) and 1001.51(11)(k).
1063	(l)  The purchase, lease-purchase, or lease of driver's
1064	education vehicles; motor vehicles used for the maintenance or
1065	operation of plants and equipment; security vehicles; or
1066	vehicles used in storing or distributing materials and
1067	equipment.
1068	(3)  If the revenue from the millage authorized in
1069	subsection (2) is insufficient to make payments due under a
1070	lease-purchase agreement entered into prior to June 30, 2008, by
1071	a district school board pursuant to paragraph (2)(e), an amount
1072	up to 0.5 0.25 mills of the taxable value for school purposes
1073	within the school district shall be legally available for such
1074	payments, notwithstanding other restrictions on the use of such
1075	revenues imposed by law.
1076	(4)  Effective July 1, 2008, and through June 30, 2010, a
1077	school district may expend, subject to the provisions of s.
1078	200.065, up to $100 per unweighted full-time equivalent student
1079	from the revenue generated by the millage levy authorized by
1080	subsection (2) to fund, in addition to expenditures authorized
1081	in paragraphs (2)(a)-(j), expenses for the following:
1082	(a)  The purchase, lease-purchase, or lease of driver's
1083	education vehicles; motor vehicles used for the maintenance or
1084	operation of plants and equipment; security vehicles; or
1085	vehicles used in storing or distributing materials and
1086	equipment.
1087	(b)  Payment of the cost of premiums for property and
1088	casualty insurance necessary to insure school district
1089	educational and ancillary plants. Operating revenues that are
1090	made available through the payment of property and casualty
1091	insurance premiums from revenues generated under this subsection
1092	may be expended only for nonrecurring operational expenditures
1093	of the school district.
1094	(4)(5)  Violations of the expenditure provisions in
1095	subsection (2) or subsection (4) shall result in an equal dollar
1096	reduction in the Florida Education Finance Program (FEFP) funds
1097	for the violating district in the fiscal year following the
1098	audit citation. If the Commissioner of Education determines that
1099	a school district acted in good faith, he or she may waive the
1100	equal dollar reduction for audit findings for the 2006-2007 or
1101	2007-2008 fiscal year that were related to the purchase of
1102	software.
1103	(5)(6)  These taxes shall be certified, assessed, and
1104	collected as prescribed in s. 1011.04 and shall be expended as
1105	provided by law.
1106	(6)(7)  Nothing in s. 1011.62(4)(a)1. shall in any way be
1107	construed to increase the maximum school millage levies as
1108	provided for in subsection (1).
1109	(7)(8)  In addition to the maximum millage levied under
1110	this section and the General Appropriations Act, a school
1111	district may levy, by local referendum or in a general election,
1112	additional millage for school operational purposes up to an
1113	amount that, when combined with nonvoted millage levied under
1114	this section, does not exceed the 10-mill limit established in
1115	s. 9(b), Art. VII of the State Constitution. Any such levy shall
1116	be for a maximum of 4 years and shall be counted as part of the
1117	10-mill limit established in s. 9(b), Art. VII of the State
1118	Constitution. Millage elections conducted under the authority
1119	granted pursuant to this section are subject to s. 1011.73.
1120	Funds generated by such additional millage do not become a part
1121	of the calculation of the Florida Education Finance Program
1122	total potential funds in 2001-2002 or any subsequent year and
1123	must not be incorporated in the calculation of any hold-harmless
1124	or other component of the Florida Education Finance Program
1125	formula in any year. If an increase in required local effort,
1126	when added to existing millage levied under the 10-mill limit,
1127	would result in a combined millage in excess of the 10-mill
1128	limit, any millage levied pursuant to this subsection shall be
1129	considered to be required local effort to the extent that the
1130	district millage would otherwise exceed the 10-mill limit.
1131	(8)  Notwithstanding subsection (2), for the 2009-2010
1132	fiscal year, if the revenue from 1.5 mills is insufficient to
1133	meet the payments due under a lease-purchase agreement entered
1134	into before June 30, 2009, by a district school board pursuant
1135	to paragraph (2)(e), or to meet other critical district fixed
1136	capital outlay needs, the board, in addition to the 1.5 mills,
1137	may levy up to 0.25 mills for fixed capital outlay in lieu of
1138	levying an equivalent amount of the discretionary mills for
1139	operations as provided in the General Appropriations Act for
1140	2009-2010. Millage levied pursuant to this subsection is subject
1141	to the provisions of s. 200.065 and, combined with the 1.5 mills
1142	authorized in subsection (2), may not exceed 1.75 mills. If the
1143	district chooses to use up to 0.25 mills for fixed capital
1144	outlay, the discretionary millage compression supplement
1145	pursuant to s. 1011.62(5) shall be calculated for the standard
1146	discretionary millage that is not eligible for transfer to
1147	capital outlay.
1148	Section 28.  Subsection (2) of section 1011.73, Florida
1149	Statutes, is amended to read:
1150	1011.73  District millage elections.--
1151	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The
1152	district school board, pursuant to resolution adopted at a
1153	regular meeting, shall direct the county commissioners to call
1154	an election at which the electors within the school district may
1155	approve an ad valorem tax millage as authorized under s.
1156	1011.71(7)(8). Such election may be held at any time, except
1157	that not more than one such election shall be held during any
1158	12-month period. Any millage so authorized shall be levied for a
1159	period not in excess of 4 years or until changed by another
1160	millage election, whichever is earlier. If any such election is
1161	invalidated by a court of competent jurisdiction, such
1162	invalidated election shall be considered not to have been held.
1163	Section 29.  Paragraph (g) of subsection (3) of section
1164	1012.33, Florida Statutes, is amended to read:
1165	1012.33  Contracts with instructional staff, supervisors,
1166	and school principals.--
1167	(3)
1168	(g)  For contracts in the 2009-2010 or 2010-2011 fiscal
1169	year, the period of service provided in this section may be
1170	extended by 1 year for an annual contract employee in the
1171	district who has at least 3 years of service when prescribed by
1172	the district school board based upon extraordinary financial
1173	circumstances in the district. Beginning July 1, 2001, for each
1174	employee who enters into a written contract, pursuant to this
1175	section, in a school district in which the employee was not
1176	employed as of June 30, 2001, or was employed as of June 30,
1177	2001, but has since broken employment with that district for 1
1178	school year or more, for purposes of pay, a district school
1179	board must recognize and accept each year of full-time public
1180	school teaching service earned in the State of Florida or
1181	outside the state and for which the employee received a
1182	satisfactory performance evaluation. Instructional personnel
1183	employed pursuant to s. 121.091(9)(b)3. are exempt from the
1184	provisions of this paragraph.
1185	Section 30.  Subsection (1) of section 1012.59, Florida
1186	Statutes, is amended to read:
1187	1012.59  Certification fees.--
1188	(1)  The State Board of Education, by rule, shall establish
1189	separate fees for applications, examinations, certification,
1190	certification renewal, late renewal, recordmaking, and
1191	recordkeeping, and may establish procedures for scheduling and
1192	administering an examination upon an applicant's request. Each
1193	fee shall be based on department estimates of the revenue
1194	required to implement the provisions of law with respect to
1195	certification of school personnel. The application fee shall be
1196	nonrefundable. Each examination fee shall be sufficient to cover
1197	the actual cost of developing and administering the examination,
1198	but shall not exceed $100 for an examination.
1199	Section 31.  Subsection (6) is added to section 1012.71,
1200	Florida Statutes, to read:
1201	1012.71  The Florida Teachers Lead Program.--
1202	(6)  For the 2009-2010 fiscal year, the Department of
1203	Education is authorized to conduct a pilot program to determine
1204	the feasibility of managing the Florida Teachers Lead Program
1205	through a centralized electronic system. The pilot program
1206	system must:
1207	(a)  Be established through a competitive procurement
1208	process.
1209	(b)  Provide the capability for participating teachers to
1210	make purchases from online sources.
1211	(c)  Provide the capability for participating teachers to
1212	make purchases from local vendors by means other than online
1213	purchasing.
1214	(d)  Generally comply with the provisions of this section.
1215	(e)  Be subject to annual auditing requirements to ensure
1216	accountability for funds received and disbursed.
1217	(f)  Provide for the return of funds not used on an annual
1218	basis to the state.
1219
1220	Participation by a school district in this pilot program shall
1221	be on a voluntary basis. The department may limit the number of
1222	participating districts to the number it deems feasible to
1223	adequately measure the viability of the pilot program. The
1224	department is not required to implement this pilot program if it
1225	determines the number of school districts willing to participate
1226	is insufficient to adequately measure the viability of the pilot
1227	program.
1228	Section 32.  Paragraph (a) of subsection (2) of section
1229	1012.72, Florida Statutes, is amended, and subsection (4) is
1230	added to that section, to read:
1231	1012.72  Dale Hickam Excellent Teaching Program.--
1232	(2)  The Dale Hickam Excellent Teaching Program is created
1233	to provide categorical funding for bonuses for teaching
1234	excellence. The bonuses may be provided for initial
1235	certification for up to one 10-year period. The Department of
1236	Education shall distribute to each school district an amount as
1237	prescribed annually by the Legislature for the Dale Hickam
1238	Excellent Teaching Program. For purposes of this section, the
1239	Florida School for the Deaf and the Blind shall be considered a
1240	school district. Unless otherwise provided in the General
1241	Appropriations Act, each distribution shall be the sum of the
1242	amounts earned for the following:
1243	(a)  An annual bonus equal to 10 percent of the prior
1244	fiscal year's statewide average salary for classroom teachers to
1245	be distributed to the school district to be paid to each
1246	individual classroom teacher who holds NBPTS certification and
1247	is employed by the district school board or by a public school
1248	within the school district. For a classroom teacher who attains
1249	NBPTS certification after July 1, 2009, in order to be eligible
1250	for a bonus, the individual shall teach in a low-performing
1251	school as determined by the State Board of Education. The
1252	district school board shall distribute the annual bonus to each
1253	individual who meets the requirements of this paragraph and who
1254	is certified annually by the district to have demonstrated
1255	satisfactory teaching performance pursuant to s. 1012.34. The
1256	annual bonus may be paid as a single payment or divided into not
1257	more than three payments.
1258	(4)  The State Board of Education may adopt rules to
1259	administer the provisions for payment of the bonuses and to
1260	establish definitions of low-performing schools and determine
1261	the eligibility of teachers.
1262	Section 33.  Paragraphs (f), (g), and (h) are added to
1263	subsection (2) of section 1013.62, Florida Statutes, to read:
1264	1013.62  Charter schools capital outlay funding.--
1265	(2)  A charter school's governing body may use charter
1266	school capital outlay funds for the following purposes:
1267	(f)  Effective July 1, 2008, purchase, lease-purchase, or
1268	lease of new and replacement equipment, and enterprise resource
1269	software applications that are classified as capital assets in
1270	accordance with definitions of the Governmental Accounting
1271	Standards Board, have a useful life of at least 5 years, and are
1272	used to support schoolwide administration or state-mandated
1273	reporting requirements.
1274	(g)  Payment of the cost of premiums for property and
1275	casualty insurance necessary to insure the school facilities.
1276	(h)  Purchase, lease-purchase, or lease of driver's
1277	education vehicles; motor vehicles used for the maintenance or
1278	operation of plants and equipment; security vehicles; or
1279	vehicles used in storing or distributing materials and
1280	equipment.
1281
1282	Conversion charter schools may use capital outlay funds received
1283	through the reduction in the administrative fee provided in s.
1284	1002.33(20) for renovation, repair, and maintenance of school
1285	facilities that are owned by the sponsor.
1286	Section 34.  Paragraph (b) of subsection (6) of section
1287	1013.64, Florida Statutes, as amended by chapter 2009-3, Laws of
1288	Florida, is amended, and subsection (7) is added to that
1289	section, to read:
1290	1013.64  Funds for comprehensive educational plant needs;
1291	construction cost maximums for school district capital
1292	projects.--Allocations from the Public Education Capital Outlay
1293	and Debt Service Trust Fund to the various boards for capital
1294	outlay projects shall be determined as follows:
1295	(6)
1296	(b)1.  A district school board, including a district school
1297	board of an academic performance-based charter school district,
1298	must not use funds from the following sources: Public Education
1299	Capital Outlay and Debt Service Trust Fund; School District and
1300	Community College District Capital Outlay and Debt Service Trust
1301	Fund; Classrooms First Program funds provided in s. 1013.68;
1302	effort index grant funds provided in s. 1013.73; nonvoted 1.5-
1303	mill 1.75-mill levy of ad valorem property taxes provided in s.
1304	1011.71(2); Classrooms for Kids Program funds provided in s.
1305	1013.735; District Effort Recognition Program funds provided in
1306	s. 1013.736; or High Growth District Capital Outlay Assistance
1307	Grant Program funds provided in s. 1013.738 for any new
1308	construction of educational plant space with a total cost per
1309	student station, including change orders, that equals more than:
1310	a.  $17,952 for an elementary school,
1311	b.  $19,386 for a middle school, or
1312	c.  $25,181 for a high school,
1313
1314	(January 2006) as adjusted annually to reflect increases or
1315	decreases in the Consumer Price Index.
1316	2.  A district school board must not use funds from the
1317	Public Education Capital Outlay and Debt Service Trust Fund or
1318	the School District and Community College District Capital
1319	Outlay and Debt Service Trust Fund for any new construction of
1320	an ancillary plant that exceeds 70 percent of the average cost
1321	per square foot of new construction for all schools.
1322	(7)  Notwithstanding subsection (2), the district school
1323	board of Wakulla County shall contribute 1 mill in the 2009-2010
1324	fiscal year and 0.5 mill in the 2010-2011 fiscal year to the
1325	cost of currently funded special facilities construction
1326	projects. The district school board of Liberty County shall
1327	contribute 1 mill for each of the fiscal years from the 2009-
1328	2010 fiscal year through the 2011-2012 fiscal year to the cost
1329	of currently funded special facilities construction projects. If
1330	funds are made available in the General Appropriations Act for
1331	the 2009-2010 fiscal year for the district school board of
1332	Calhoun County from the Special Facility Construction Account,
1333	the district school board of Calhoun County shall contribute
1334	1.125 mills for each of the fiscal years from the 2009-2010
1335	fiscal year through the 2012-2013 fiscal year to the cost of
1336	currently funded special facilities construction projects.
1337	Section 35.  Section 9 of chapter 2008-142, Laws of
1338	Florida, is repealed.
1339	Section 36.  In order to implement Specific Appropriations
1340	6, 7, 76, and 77 of the General Appropriations Act for the 2009-
1341	2010 fiscal year, the calculations of the Florida Education
1342	Finance Program for the 2009-2010 fiscal year in the document
1343	entitled "Public School Funding - The Florida Education Finance
1344	Program," dated April X, 2009, and filed with the Clerk of the
1345	House of Representatives, are incorporated by reference for the
1346	purpose of displaying the calculations used by the Legislature,
1347	consistent with requirements of the Florida Statutes, in making
1348	appropriations and reductions in appropriations for the Florida
1349	Education Finance Program.
1350	Section 37.  This act shall take effect July 1, 2009;
1351	however, the provisions of s. 1011.71, Florida Statutes, as
1352	amended by this act, shall operate retroactively to July 1,
1353	2008.

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