HB 7037

1	A bill to be entitled
2	An act relating to education; amending s. 413.20, F.S.;
3	redefining and deleting terms relating to vocational
4	rehabilitation programs; replacing an obsolete term;
5	amending s. 413.30, F.S.; revising provisions relating to
6	eligibility for vocational rehabilitation services;
7	providing for an individualized plan for employment;
8	requiring the Division of Vocational Rehabilitation in the
9	Department of Education to conduct trial work experiences
10	before determining that an individual is incapable of
11	benefiting from services; requiring the division to refer
12	an individual to other services if the division determines
13	that the individual is ineligible for vocational
14	rehabilitation services; requiring the division to serve
15	those having the most significant disabilities first under
16	specified circumstances; conforming provisions to changes
17	made by the act; amending s. 413.341, F.S.; allowing
18	confidential records to be released for audit, program
19	evaluation, or research purposes; amending s. 413.371,
20	F.S.; requiring the division to administer an independent
21	living program; conforming provisions to changes made by
22	the act; repealing the division's authority to contract
23	for specified services; amending s. 413.393, F.S.;
24	correcting references and conforming provisions to changes
25	made by the act; amending s. 413.40, F.S.; revising the
26	division's powers to administer the independent living
27	program; authorizing the division to employ specified
28	jindividuals and to contract for services in accordance
29	with the state plan for independent living; conforming
30	provisions to changes made by the act; amending s.
31	413.405, F.S.; revising the membership of the Florida
32	Rehabilitation Council; providing that Department of
33	Education employees may serve only as nonvoting members;
34	revising provisions relating to terms of office; revising
35	council functions; correcting references and replacing
36	obsolete cross-references; amending s. 413.407, F.S.;
37	correcting a reference; repealing s. 413.206, F.S.,
38	relating to a 5-year plan for the division; repealing s.
39	413.39, F.S., relating to administration of the
40	independent living program; repealing ss. 413.70 and
41	413.72, F.S., relating to the limiting disabilities
42	program; repealing s. 413.73, F.S., relating to the
43	disability assistance program; repealing s. 1013.05, F.S.,
44	relating to the Office of Educational Facilities and SMART
45	Schools Clearinghouse; amending ss. 163.31777, 1001.20,
46	and 1013.04, F.S.; deleting obsolete references; amending
47	s. 1013.21, F.S.; deleting obsolete references; requiring
48	the Office of Educational Facilities in the Department of
49	Education to monitor district facilities work programs;
50	amending ss. 1013.33 and 1013.35, F.S.; deleting obsolete
51	references; amending s. 1013.41, F.S.; deleting obsolete
52	references; requiring the Office of Educational Facilities
53	to assist school districts in building SMART schools;
54	amending s. 1013.42, F.S.; deleting obsolete references;
55	specifying criteria for the prioritization of School
56	Infrastructure Thrift Program awards; amending s. 1013.72,
57	F.S.; revising the cost per student station for purposes
58	of School Infrastructure Thrift Program awards; deleting
59	obsolete references; amending s. 1013.73, F.S.; deleting
60	an obsolete reference; requiring the Division of Statutory
61	Revision of the Office of Legislative Services to prepare
62	a reviser's bill to make conforming changes to address
63	past legislation amending terminology relating to the
64	Florida College System; repealing s. 1004.87, F.S.,
65	relating to Florida College System Task Force; repealing
66	s. 1002.335, F.S., relating to the Florida Schools of
67	Excellence Commission; amending s. 1002.33, F.S.;
68	conforming provisions to changes made by the act;
69	repealing s. 1003.413(5), F.S., relating to the Secondary
70	School Improvement Award Program; repealing s. 1003.62,
71	F.S., relating to academic performance-based charter
72	school districts; amending ss. 1011.69 and 1013.64, F.S.;
73	conforming provisions to changes made by the act;
74	repealing ss. 1003.63 and 1008.345(7), F.S., relating to
75	the deregulated public schools pilot program; amending s.
76	1004.68, F.S.; conforming a cross-reference; repealing s.
77	1006.67, F.S., relating to the reporting of campus crime
78	statistics; amending s. 1013.11, F.S.; conforming
79	provisions to changes made by the act; repealing ss.
80	1009.63 and 1009.631, F.S., relating to the occupational
81	therapist or physical therapist critical shortage program;
82	repealing s. 1009.632, F.S., relating to the Critical
83	Occupational Therapist or Physical Therapist Shortage
84	Student Loan Forgiveness Program; repealing s. 1009.633,
85	F.S., relating to the Critical Occupational Therapist or
86	Physical Therapist Shortage Scholarship Loan Program;
87	repealing s. 1009.634, F.S., relating to the Critical
88	Occupational Therapist or Physical Therapist Shortage
89	Tuition Reimbursement Program; repealing s. 1009.64, F.S.,
90	relating to the Certified Education Paraprofessional
91	Welfare Transition Program; amending ss. 1009.40 and
92	1009.94, F.S.; conforming provisions to changes made by
93	the act; providing an effective date.
94
95	Be It Enacted by the Legislature of the State of Florida:
96
97	Section 1.  Subsections (12) through (33) of section
98	413.20, Florida Statutes, are amended to read:
99	413.20  Definitions.-As used in this part, the term:
100	(12)  "Independent living services" means any appropriate
101	rehabilitation service that will enhance the ability of a person
102	who has a significant severe disability to live independently,
103	to function within her or his family and community and, if
104	appropriate, to secure and maintain employment. Services may
105	include, but are not limited to, psychological counseling and
106	psychotherapeutic counseling; independent living care services;
107	community education and related services; housing assistance;
108	physical and mental restoration; personal attendant care;
109	transportation; personal assistance services; interpretive
110	services for persons who are deaf; recreational activities;
111	services to family members of persons who have significant
112	severe disabilities; vocational and other training services;
113	telecommunications services; sensory and other technological
114	aids and devices; appropriate preventive services to decrease
115	the needs of persons assisted under the program; and other
116	rehabilitation services appropriate for the independent living
117	needs of a person who has a significant severe disability.
118	(13)  "Limiting disability" means a physical condition that
119	constitutes, contributes to, or, if not corrected, will result
120	in an impairment of one or more activities of daily living but
121	does not result in an individual qualifying as a person who has
122	a disability.
123	(13)(14)  "Occupational license" means any license, permit,
124	or other written authority required by any governmental unit to
125	be obtained in order to engage in an occupation.
126	(14)(15)  "Ongoing support services" means services
127	provided at a twice-monthly minimum to persons who have a most
128	significant disability, to:
129	(a)  Make an assessment regarding the employment situation
130	at the worksite of each individual in supported employment or,
131	under special circumstances at the request of the individual,
132	offsite.
133	(b)  Based upon the assessment, provide for the
134	coordination or provision of specific intensive services, at or
135	away from the worksite, that are needed to maintain the
136	individual's employment stability.
137
138	The ongoing support services may consist of, but are not limited
139	to, the provision of skilled job trainers who accompany the
140	individual for intensive job-skill training at the worksite, job
141	development and placement, social skills training, followup
142	services, and facilitation of natural supports at the worksite.
143	(15)(16)  "Person who has a disability" means an individual
144	who has a physical or mental impairment that, for the
145	individual, constitutes or results in a substantial impediment
146	to employment and who can therefore benefit in terms of an
147	employment outcome from vocational rehabilitation services. The
148	term encompasses the terms "person who has a significant
149	disability" and "person who has a most significant disability."
150	(16)(17)  "Person who has a significant disability" means
151	an individual who has a disability that is a severe physical or
152	mental impairment that seriously limits one or more functional
153	capacities, such as mobility, communication, self-care, self-
154	direction, interpersonal skills, work tolerance, or work skills,
155	in terms of an employment outcome; whose vocational
156	rehabilitation may be expected to require multiple vocational
157	rehabilitation services over an extended period of time; and who
158	has one or more physical or mental disabilities resulting from
159	amputation, arthritis, autism, blindness, burn injury, cancer,
160	cerebral palsy, cystic fibrosis, deafness, head injury, heart
161	disease, hemiplegia, hemophilia, respiratory or pulmonary
162	dysfunction, mental retardation, mental illness, multiple
163	sclerosis, muscular dystrophy, musculoskeletal disorder,
164	neurological disorder, including stroke and epilepsy,
165	paraplegia, quadriplegia, or other spinal cord condition,
166	sickle-cell anemia, specific learning disability, end-stage
167	renal disease, or another disability or a combination of
168	disabilities that is determined, after an assessment for
169	determining eligibility and vocational rehabilitation needs, to
170	cause comparable substantial functional limitation.
171	(17)(18)  "Person who has a most significant disability"
172	means a person who has a significant disability who meets the
173	designated administrative unit's criteria for a person who has a
174	most significant disability.
175	(18)(19)  "Personal assistance services" means a range of
176	services, provided by one or more individuals persons, designed
177	to assist a person who has a disability to perform daily living
178	activities, on or off the job, that the person individual would
179	typically perform if the person individual did not have a
180	disability. Such services shall be designed to increase the
181	person's individual's control in life and ability to perform
182	everyday activities on or off the job. The services must be
183	necessary for achieving an employment outcome and may be
184	provided only if the person who has a disability is receiving
185	other vocational rehabilitation services. The services may
186	include training in managing, supervising, and directing
187	personal assistance services.
188	(19)(20)  "Physical and mental restoration" means any
189	medical, surgical, or therapeutic treatment necessary to correct
190	or substantially modify a physical or mental condition that is
191	stable or slowly progressive and constitutes an impediment to
192	employment, but is of such nature that the treatment can
193	reasonably be expected to correct or modify such impediment to
194	employment within a reasonable length of time, including, but
195	not limited to, medical, psychiatric, dental, and surgical
196	treatment, nursing services, hospital care in connection with
197	surgery or treatment, convalescent home care, drugs, medical and
198	surgical supplies, and prosthetic and orthotic devices.
199	(21)  "Program" means an agency, organization, or
200	institution, or a unit of an agency, organization, or
201	institution, that provides directly or facilitates the provision
202	of vocational rehabilitation services as one of its major
203	functions.
204	(22)  "Rehabilitation" means those events and processes
205	occurring after injury and progressing to ultimate stabilization
206	and maximum possible recovery.
207	(23)  "Rehabilitation service" means any service, provided
208	directly or indirectly through public or private agencies, found
209	by the division to be necessary to enable a person who has a
210	limiting disability to engage in competitive employment.
211	(24)  "Rules" means rules adopted by the department in the
212	manner prescribed by law.
213	(20)(25)  "State plan" means the state plan approved by the
214	Federal Government as qualifying for federal funds under the
215	Rehabilitation Act of 1973, as amended. However, the term "state
216	plan," as used in ss. 413.393-413.401 413.39-413.401, means the
217	state plan for independent living Rehabilitative Services under
218	Title VII(A) of the Rehabilitation Act of 1973, as amended.
219	(21)(26)  "Supported employment" means competitive work in
220	integrated working settings for persons who have most
221	significant severe disabilities and for whom competitive
222	employment has not traditionally occurred or for whom
223	competitive employment has been interrupted or is intermittent
224	as a result of such a severe disability. Persons who have most
225	significant severe disabilities requiring supported employment
226	need intensive supported employment services or extended
227	services in order to perform such work.
228	(22)(27)  "Supported employment services" means ongoing
229	support services and other appropriate services needed to
230	support and maintain a person who has a most significant severe
231	disability in supported employment. Supported employment
232	services are based upon a determination of the needs of the
233	eligible individual as specified in the person's individualized
234	plan for employment written rehabilitation program. The services
235	are provided singly or in combination and are organized and made
236	available in such a way as to assist eligible individuals in
237	entering or maintaining integrated, competitive employment. The
238	services are provided for a period of time not to extend beyond
239	18 months, but can be extended under special circumstances with
240	the consent of the individual in order to achieve the objectives
241	of the rehabilitation plan.
242	(23)(28)  "Third-party coverage" means any claim for, right
243	to receive payment for or any coverage for, the payment of any
244	vocational rehabilitation and related services.
245	(24)(29)  "Third-party payment" means any and all payments
246	received or due as a result of any third-party coverage.
247	(25)(30)  "Transition services" means a coordinated set of
248	activities for a student, designed within an outcome-oriented
249	process, that promote movement from school to postschool
250	activities, including postsecondary education; vocational
251	training; integrated employment; including supported employment;
252	continuing and adult education; adult services; independent
253	living; or community participation. The coordinated set of
254	activities must be based upon the individual student's needs,
255	taking into account the student's preferences and interests, and
256	must include instruction, community experiences, the development
257	of employment and other postschool adult living objectives, and,
258	if when appropriate, acquisition of daily living skills and
259	functional vocational evaluation.
260	(31)  "Transitional living facility" means a state-approved
261	facility as defined and licensed pursuant to chapter 400 and
262	division-approved in accord with this part.
263	(26)(32)  "Vocational rehabilitation" and "vocational
264	rehabilitation services" mean any service, provided directly or
265	through public or private entities instrumentalities, to enable
266	an individual or group of individuals to achieve an employment
267	outcome, including, but not limited to, medical and vocational
268	diagnosis, an assessment for determining eligibility and
269	vocational rehabilitation needs by qualified personnel;
270	counseling, guidance, and work-related placement services;
271	vocational and other training services; physical and mental
272	restoration services; maintenance for additional costs incurred
273	while participating in rehabilitation; interpreter services for
274	individuals who are deaf; recruitment and training services to
275	provide new employment opportunities in the fields of
276	rehabilitation, health, welfare, public safety, law enforcement,
277	and other appropriate service employment; occupational licenses;
278	tools, equipment, and initial stocks and supplies;
279	transportation; telecommunications, sensory, and other
280	technological aids and devices; rehabilitation technology
281	services; referral services designed to secure needed services
282	from other agencies; transition services; on-the-job or other
283	related personal assistance services; and supported employment
284	services.
285	(33)  "Vocational rehabilitation and related services"
286	means any services that are provided or paid for by the
287	division.
288	Section 2.  Section 413.30, Florida Statutes, is amended to
289	read:
290	413.30  Eligibility for vocational rehabilitation
291	services.-
292	(1)  A person is eligible for vocational rehabilitation
293	services if the person has a disability and requires vocational
294	rehabilitation services to prepare for, enter, engage in, or
295	retain gainful employment.
296	(2)  Determinations by other state or federal agencies
297	regarding whether an individual satisfies one or more factors
298	relating to the determination that an individual has a
299	disability may be used. Individuals determined to have a
300	disability pursuant to Title II or Title XVI of the Social
301	Security Act shall be considered to have a physical or mental
302	impairment that constitutes or results in a substantial
303	impediment to employment and a significant disability severe
304	physical or mental impairment that seriously limits one or more
305	functional capacities in terms of an employment outcome.
306	(3)  An individual is shall be presumed to benefit in terms
307	of an employment outcome from vocational rehabilitation services
308	under this part unless the division can demonstrate by clear and
309	convincing evidence that the individual is incapable of
310	benefiting from vocational rehabilitation services in terms of
311	an employment outcome. Before making such a determination, the
312	division must consider the individual's abilities, capabilities,
313	and capacity to perform in a work situation through the use of
314	trial work experiences. Trial work experiences include supported
315	employment, on-the-job training, or other work experiences using
316	realistic work settings. Under limited circumstances, if an
317	individual cannot take advantage of trial work experiences or if
318	options for trial work experiences have been exhausted To
319	demonstrate that an individual cannot benefit from vocational
320	rehabilitation services due to the severity of the individual's
321	disability, the division shall conduct an extended evaluation,
322	not to exceed 18 months. The evaluation must determine the
323	eligibility of the individual and the nature and scope of needed
324	vocational rehabilitation services. The extended evaluation must
325	be reviewed once every 90 days to determine whether the
326	individual is eligible for vocational rehabilitation services.
327	(4)  The division shall determine the eligibility of an
328	individual for vocational rehabilitation services within a
329	reasonable period of time, not to exceed 60 days after the
330	individual has submitted an application to receive vocational
331	rehabilitation services, unless the division notifies the
332	individual that exceptional and unforeseen circumstances beyond
333	the control of the division prevent the division from completing
334	the determination within the prescribed time and the division
335	and the individual agree agrees that an extension of time is
336	warranted or that an extended evaluation is required.
337	(5)  When the division determines As soon as a
338	determination has been made that an individual is eligible for
339	vocational rehabilitation services, the division must complete
340	an assessment for determining eligibility and vocational
341	rehabilitation needs and ensure that an individualized plan for
342	employment written rehabilitation program is prepared.
343	(a)  Each The individualized plan for employment written
344	rehabilitation program must be jointly developed, agreed upon,
345	and signed by the vocational rehabilitation counselor or
346	coordinator and the eligible individual or, in an appropriate
347	case, a parent, family member, guardian, advocate, or authorized
348	representative, of the such individual.
349	(b)  The division must ensure that each individualized plan
350	for employment written rehabilitation program is designed to
351	achieve the specific employment outcome objective of the
352	individual, consistent with the unique strengths, resources,
353	priorities, concerns, abilities, and capabilities of the
354	individual, and otherwise meets the content requirements for an
355	individualized plan for employment written rehabilitation
356	programs as set out in federal law or regulation.
357	(c)  Each individualized plan for employment written
358	rehabilitation program shall be reviewed annually, at which time
359	the individual, or the individual's parent, guardian, advocate,
360	or authorized representative, shall be afforded an opportunity
361	to review the plan program and jointly redevelop and agree to
362	its terms. Each plan individualized written rehabilitation
363	program shall be revised as needed.
364	(6)  The division must ensure that a determination of
365	ineligibility made with respect to an individual before prior to
366	the initiation of an individualized plan for employment written
367	rehabilitation program, based upon the review, and, to the
368	extent necessary, upon the preliminary assessment, includes
369	specification of the reasons for such a determination; the
370	rights and remedies available to the individual, including, if
371	appropriate, recourse to administrative remedies; and the
372	availability of services provided by the client assistance
373	program to the individual. If there is a determination of
374	ineligibility, the division must refer the individual to other
375	services that are part of the one-stop delivery system under s.
376	445.009 that address the individual's training or employment-
377	related needs or to local extended employment providers if the
378	determination is based on a finding that the individual is
379	incapable of achieving an employment outcome.
380	(7)  If the division provides an eligible individual person
381	with vocational rehabilitation services in the form of vehicle
382	modifications, the division shall consider all options
383	available, including the purchase of a new, original equipment
384	manufacturer vehicle that complies with the Americans with
385	Disabilities Act for transportation vehicles. The division shall
386	make the decision on vocational rehabilitation services based on
387	the best interest of the eligible individual client and cost-
388	effectiveness.
389	(8)  If In the event the division is unable to provide
390	services to all eligible individuals, the division shall
391	establish an order of selection and serve first those persons
392	who have the most significant severe disabilities first.
393	Section 3.  Subsection (1) of section 413.341, Florida
394	Statutes, is amended to read:
395	413.341  Applicant and eligible individual client records;
396	confidential and privileged.-
397	(1)  All oral and written records, information, letters,
398	and reports received, made, or maintained by the division
399	relative to any client or applicant or eligible individual are
400	privileged, confidential, and exempt from the provisions of s.
401	119.07(1). Any person who discloses or releases such records,
402	information, or communications in violation of this section
403	commits a misdemeanor of the second degree, punishable as
404	provided in s. 775.082 or s. 775.083. Such records may not be
405	released except that:
406	(a)  Records may be released to the client or applicant or
407	eligible individual or his or her representative upon receipt of
408	a written waiver from the client or applicant or eligible
409	individual. Medical, psychological, or other information that
410	the division believes may be harmful to an a client or applicant
411	or eligible individual may not be released directly to him or
412	her, but must be provided through his or her designated
413	representative.
414	(b)  Records that do not identify clients or applicants may
415	be released to an entity or individual officially engaged in an
416	audit, a program evaluation, or for the purpose of research,
417	when the research is approved by the division director.
418	Personally identifying information released under this paragraph
419	remains privileged, confidential, and exempt under this section
420	and may not be disclosed to third parties.
421	(c)  Records used in administering the program may be
422	released as required to administer the program or as required by
423	an agency or political subdivision of the state in the
424	performance of its duties. Any agency or political subdivision
425	to which records are released under this paragraph may not
426	disclose the records to third parties.
427	(d)  Records may be released upon the order of an
428	administrative law judge, a hearing officer, a judge of
429	compensation claims, an agency head exercising quasi-judicial
430	authority, or a judge of a court of competent jurisdiction
431	following a finding in an in camera proceeding that the records
432	are relevant to the inquiry before the court and should be
433	released. The in camera proceeding and all records relating
434	thereto are confidential and exempt from the provisions of s.
435	119.07(1).
436	(e)  Whenever an applicant or eligible individual receiving
437	services has declared any intention to harm other persons or
438	property, such declaration may be disclosed.
439	(f)  The division may also release personal information
440	about an applicant or eligible individual receiving services in
441	order to protect him or her or others when he or she poses a
442	threat to his or her own safety or to the safety of others and
443	shall, upon official request, release such information to law
444	enforcement agencies investigating the commission of a crime.
445	Section 4.  Section 413.371, Florida Statutes, is amended
446	to read:
447	413.371  Independent living program; establishment and
448	administration maintenance.-The division shall establish and
449	administer maintain an independent living program that will
450	provide any appropriate rehabilitation services or other
451	services to enhance the ability of persons who have significant
452	severe disabilities to live independently and function within
453	their communities and, if appropriate, to secure and maintain
454	employment. The division, at its sole discretion and within the
455	constraints of its funding, may contract with centers for
456	independent living to provide such services.
457	Section 5.  Subsection (1) of section 413.393, Florida
458	Statutes, is amended to read:
459	413.393  State plan for independent living.-
460	(1)  The state plan for independent living shall be jointly
461	developed and submitted by the Florida Independent Living
462	Council and the division, and the plan must:
463	(a)  Include the existence of appropriate planning,
464	financial support and coordination, and other assistance to
465	appropriately address, on a statewide and comprehensive basis,
466	needs in the state for the provision of state independent living
467	services; the development and support of a statewide network of
468	centers for independent living; and working relationships
469	between programs providing independent living services and
470	independent living centers and the vocational rehabilitation
471	program established to provide services for persons who have
472	disabilities.
473	(b)  Specify the objectives to be achieved under the plan,
474	establish time periods for the achievement of the objectives,
475	and explain how such objectives are consistent with and further
476	the purpose of this part.
477	(c)  Specify that the state will provide independent living
478	services under this part to persons who have significant severe
479	disabilities and will provide the services in accordance with an
480	independent living plan mutually agreed upon by an appropriate
481	staff member of the service provider and the individual, unless
482	the individual signs a waiver stating that such a plan is
483	unnecessary.
484	(d)  Describe the extent and scope of independent living
485	services to be provided under this part to meet such objectives.
486	If the state makes arrangements, by grant or contract, for
487	providing such services, such arrangements shall be described in
488	the plan.
489	(e)  Set forth a design for the establishment of a
490	statewide network of centers for independent living that comply
491	with the standards and assurances set forth in federal law.
492	(f)  Set forth the steps that will be taken to maximize the
493	cooperation, coordination, and working relationships among the
494	independent living rehabilitation service program, the Florida
495	Independent Living Council, centers for independent living, the
496	division, other agencies represented on such council, other
497	councils that address the needs of specific disability
498	populations and issues, and other public and private entities
499	determined to be appropriate by the council.
500	(g)  Describe how services funded under this part will be
501	coordinated with, and complement, other services in order to
502	avoid unnecessary duplication with other federal and state
503	funding for centers for independent living and independent
504	living services.
505	(h)  Set forth steps to be taken regarding outreach to
506	populations that are not served or that are underserved by
507	programs under the act, including minority groups and urban and
508	rural populations.
509	(i)  Provide satisfactory assurances that all entities
510	receiving financial assistance funds under this part will notify
511	all individuals seeking or receiving services under this part
512	about the availability of the client-assistance program, the
513	purposes of the services provided under such program, and how to
514	contact such program; take affirmative action to employ and
515	advance in employment qualified persons who have disabilities on
516	the same terms and conditions required with respect to the
517	employment of such persons; adopt such fiscal control and fund-
518	accounting procedures as may be necessary to ensure the proper
519	disbursement of and accounting for funds paid to the state under
520	this part and meet all the other requirements of federal law or
521	regulation.
522	(j)  Establish a method for the periodic evaluation of the
523	effectiveness of the state plan in meeting the objectives of the
524	state plan, including evaluation of satisfaction by persons who
525	have disabilities.
526	Section 6.  Section 413.40, Florida Statutes, is amended to
527	read:
528	413.40  Powers of division; independent living program.-The
529	division, in administering carrying out a program to provide of
530	providing independent living rehabilitation services to persons
531	who have significant severe disabilities, shall be authorized,
532	contingent upon available funding, to:
533	(1)  Employ necessary personnel and.
534	(2)  Employ consultants.
535	(3)  Provide diagnostic, medical, and psychological and
536	other evaluation services.
537	(4)  Provide training necessary for rehabilitation.
538	(5)  Provide for persons found to require financial
539	assistance with respect thereto and provide maintenance,
540	including:
541	(a)  Personal care attendant services while undergoing
542	rehabilitation.
543	(b)  Transportation incident to necessary rehabilitation
544	services.
545	(c)  Physical and mental restoration services, prosthetic
546	appliances, and other equipment determined to be necessary for
547	rehabilitation.
548	(6)  Provide rehabilitation facilities necessary for the
549	rehabilitation of persons who have severe disabilities or
550	contract with facilities such as centers for independent living
551	for necessary services. The division shall not, however, assume
552	responsibility for permanent custodial care of any individual
553	and shall provide rehabilitation services only for a period long
554	enough to accomplish the rehabilitation objective or to
555	determine that rehabilitation is not feasible through the
556	services available under this section.
557	(2)(7)  Contract with any entity, public or private entity,
558	including centers for independent living, to provide independent
559	living services in accordance with the state plan for
560	independent living.
561	Section 7.  Subsections (1), (2), (7), (9), (10), and (11)
562	of section 413.405, Florida Statutes, are amended to read:
563	413.405  Florida Rehabilitation Council.-There is created
564	the Florida Rehabilitation Council to assist the division in the
565	planning and development of statewide rehabilitation programs
566	and services, to recommend improvements to such programs and
567	services, and to perform the functions listed in this section.
568	(1)  The council shall be composed of:
569	(a)  At least one representative of the Florida Independent
570	Living Council, one of whom must which representative may be the
571	chairperson or other designee of the Florida Independent Living
572	Council.
573	(b)  At least one representative of a parent training and
574	information center established pursuant to s. 671 631(c)(9) of
575	the Individuals with Disabilities Education Act, 20 U.S.C. s.
576	1471 1431(c)(9).
577	(c)  At least one representative of the client assistance
578	program established under s. 112 of the act, one of whom must be
579	the director of the program or other individual recommended by
580	the program.
581	(d)  At least one qualified vocational rehabilitation
582	counselor who has knowledge of and experience in vocational
583	rehabilitation programs services, who shall serve as an ex
584	officio, nonvoting member of the council if the counselor is an
585	employee of the department.
586	(e)  At least one representative of community
587	rehabilitation program service providers.
588	(f)  At least Four representatives of business, industry,
589	and labor.
590	(g)  Representatives of disability advocacy groups that
591	include representing a cross-section of:
592	1.  Individuals Persons who have physical, cognitive,
593	sensory, or mental disabilities.
594	2.  Parents, family members, guardians, advocates, or
595	authorized Representatives of individuals with persons who have
596	disabilities and who have difficulty representing themselves
597	find it difficult to or are unable due to their disabilities to
598	represent themselves.
599	(h)  Current or former applicants for, or recipients of,
600	vocational rehabilitation services.
601	(i)  The director of the division, who shall be an ex
602	officio member of the council.
603	(j)  At least one representative of the state educational
604	agency responsible for the public education of students with
605	disabilities who have a disability and who are eligible to
606	receive vocational rehabilitation services and services under
607	the Individuals with Disabilities Education Act.
608	(k)  At least one representative of the board of directors
609	of Workforce Florida, Inc.
610	(l)  At least one representative who is a director of a
611	Vocational Rehabilitation Services Project for American Indians
612	with Disabilities under s. 121 of the act, if this state
613	participates in one or more such projects.
614	(2)  Employees of the department may serve only as
615	nonvoting members of the council. Other persons who have
616	disabilities, representatives of state and local government,
617	employers, community organizations, and members of the former
618	Occupational Access and Opportunity Commission may be considered
619	for council membership.
620	(7)(a)  Each member of the council shall serve for a term
621	of not more than 3 years, except that:
622	1.(a)  A member appointed to fill a vacancy occurring prior
623	to the expiration of the term for which a predecessor was
624	appointed shall be appointed for the remainder of such term.
625	2.(b)  The terms of service of the members initially
626	appointed shall be, as specified by the Governor, for such fewer
627	number of years as will provide for the expiration of terms on a
628	staggered basis.
629	(b)  A No member of the council may not serve more than two
630	consecutive full terms; however, this provision does not apply
631	to a member appointed under paragraph (1)(c) or paragraph
632	(1)(l).
633	(9)  In addition to the other functions specified in this
634	section, the council shall, after consulting with the board of
635	directors of Workforce Florida, Inc.:
636	(a)  Review, analyze, and advise the division regarding the
637	performance of the responsibilities of the division under Title
638	I of the act, particularly responsibilities relating to:
639	1.  Eligibility, including order of selection.
640	2.  The extent, scope, and effectiveness of services
641	provided.
642	3.  Functions performed by state agencies that affect or
643	potentially affect the ability of individuals with who have
644	disabilities in achieving employment outcomes to achieve
645	rehabilitation goals and objectives under Title I.
646	(b)  In partnership with the division:
647	1.  Develop, agree to, and review state goals and
648	priorities in accordance with 34 C.F.R. 361.29(c); and
649	2.  Evaluate the effectiveness of the vocational
650	rehabilitation program and submit reports of progress to the
651	Governor, the President of the Senate, the Speaker of the House
652	of Representatives, and the United States Secretary of Education
653	in accordance with 34 C.F.R. 361.29(e).
654	(c)  Advise the department and the division and assist in
655	the preparation of the state plan and amendments to the plan,
656	applications, reports, needs assessments, and evaluations
657	required by Title I.
658	(d)  To the extent feasible, conduct a review and analysis
659	of the effectiveness of, and consumer satisfaction with:
660	1.  The functions performed by state agencies and other
661	public and private entities responsible for performing functions
662	for individuals who have disabilities.
663	2.  Vocational rehabilitation services:
664	a.  Provided or paid for from funds made available under
665	the act or through other public or private sources.
666	b.  Provided by state agencies and other public and private
667	entities responsible for providing vocational rehabilitation
668	services to individuals who have disabilities.
669	3.  The employment outcomes achieved by eligible
670	individuals receiving services under this part, including the
671	availability of health or other employment benefits in
672	connection with those employment outcomes.
673	(e)  Prepare and submit an annual report on the status of
674	vocational rehabilitation programs services in the state to the
675	Governor, the President of the Senate, the Speaker of the House
676	of Representatives, and the United States Secretary of Education
677	and make the report available to the public.
678	(f)  Coordinate with other councils within Florida,
679	including the Florida Independent Living Council, the advisory
680	panel established under s. 612(a)(21) 613(a)(12) of the
681	Individuals with Disabilities Education Act, 20 U.S.C. s.
682	1412(a)(21) 1413(a)(12), the State Planning Council described in
683	s. 124 of the Developmental Disabilities Assistance and Bill of
684	Rights Act, 42 U.S.C. s. 15024 6024, the state mental health
685	planning council established under s. 1914 1916(e) of the Public
686	Health Service Act, 42 U.S.C. s. 300x-3 300x-4(e), and the board
687	of directors of Workforce Florida, Inc.
688	(g)  Advise the department and division and provide for
689	coordination and the establishment of working relationships
690	among the department, the division, the Florida Independent
691	Living Council, and centers for independent living in the state.
692	(h)  Perform such other functions that are consistent with
693	the duties and responsibilities of as the council determines to
694	be appropriate that are comparable to functions performed by the
695	council under this section.
696	(10)(a)  The council shall prepare, in conjunction with the
697	division, a plan for the provision of such resources, including
698	at least four staff persons, as may be necessary to carry out
699	the functions of the council. The resource plan shall, to the
700	maximum extent possible, rely on the use of resources in
701	existence during the period of implementation of the plan.
702	(b)  If there is A disagreement between the council and the
703	division regarding in regard to the amount of resources
704	necessary to carry out the functions of the council as set forth
705	in this section, the disagreement shall be resolved by the
706	Governor.
707	(c)  The council shall, consistent with law, supervise and
708	evaluate such staff and other personnel as may be necessary to
709	carry out its functions.
710	(d)  While assisting the council in carrying out its
711	duties, staff and other personnel may shall not be assigned
712	duties by the division or any other state agency or office that
713	would create a conflict of interest.
714	(11)  The council shall convene at least four meetings each
715	year in locations determined by. These meetings shall occur in
716	such places as the council to be deems necessary to conduct
717	council business. The council may conduct such forums or
718	hearings as the council considers appropriate. The meetings,
719	hearings, and forums shall be publicly announced. The meetings
720	shall be open and accessible to the public unless there is a
721	valid reason for an executive session. The council shall make a
722	report of each meeting which shall include a record of its
723	discussions and recommendations, all of which reports shall be
724	made available to the public.
725	Section 8.  Paragraph (a) of subsection (1) of section
726	413.407, Florida Statutes, is amended to read:
727	413.407  Assistive Technology Advisory Council.-There is
728	created the Assistive Technology Advisory Council, responsible
729	for ensuring consumer involvement in the creation, application,
730	and distribution of technology-related assistance to and for
731	persons who have disabilities. The council shall fulfill its
732	responsibilities through statewide policy development, both
733	state and federal legislative initiatives, advocacy at both the
734	state and federal level, planning of statewide resource
735	allocations, policy-level management, reviews of both consumer
736	responsiveness and the adequacy of program service delivery, and
737	by performing the functions listed in this section.
738	(1)(a)  The council shall be composed of:
739	1.  Individuals who have disabilities and who are assistive
740	technology consumers or family members or guardians of those
741	individuals.
742	2.  Representatives of consumer organizations concerned
743	with assistive technology.
744	3.  Representatives of business and industry, including the
745	insurance industry, concerned with assistive technology.
746	4.  A representative of the Division of Vocational
747	Rehabilitation.
748	5.  A representative of the Division of Blind Services.
749	6.  A representative of the Florida Independent Living
750	Council.
751	7.  A representative of Workforce Florida, Inc.
752	8.  A representative of the Department of Education.
753	9.  Representatives of other state agencies that provide or
754	coordinate services for persons with disabilities.
755
756	Total membership on the council shall not exceed 27 at any one
757	time. A majority of the members shall be appointed in accordance
758	with subparagraph 1.
759	Section 9.  Sections 413.206, 413.39, 413.70, 413.72, and
760	413.73, Florida Statutes, are repealed.
761	Section 10.  Section 1013.05, Florida Statutes, is
762	repealed.
763	Section 11.  Paragraph (a) of subsection (1) and paragraph
764	(a) of subsection (3) of section 163.31777, Florida Statutes,
765	are amended to read:
766	163.31777  Public schools interlocal agreement.-
767	(1)(a)  The county and municipalities located within the
768	geographic area of a school district shall enter into an
769	interlocal agreement with the district school board which
770	jointly establishes the specific ways in which the plans and
771	processes of the district school board and the local governments
772	are to be coordinated. The interlocal agreements shall be
773	submitted to the state land planning agency and the Office of
774	Educational Facilities and the SMART Schools Clearinghouse in
775	accordance with a schedule published by the state land planning
776	agency.
777	(3)(a)  The Office of Educational Facilities and SMART
778	Schools Clearinghouse shall submit any comments or concerns
779	regarding the executed interlocal agreement to the state land
780	planning agency within 30 days after receipt of the executed
781	interlocal agreement. The state land planning agency shall
782	review the executed interlocal agreement to determine whether it
783	is consistent with the requirements of subsection (2), the
784	adopted local government comprehensive plan, and other
785	requirements of law. Within 60 days after receipt of an executed
786	interlocal agreement, the state land planning agency shall
787	publish a notice of intent in the Florida Administrative Weekly
788	and shall post a copy of the notice on the agency's Internet
789	site. The notice of intent must state whether the interlocal
790	agreement is consistent or inconsistent with the requirements of
791	subsection (2) and this subsection, as appropriate.
792	Section 12.  Paragraph (c) of subsection (4) of section
793	1001.20, Florida Statutes, is amended to read:
794	1001.20  Department under direction of state board.-
795	(4)  The Department of Education shall establish the
796	following offices within the Office of the Commissioner of
797	Education which shall coordinate their activities with all other
798	divisions and offices:
799	(c)  Office of Educational Facilities and SMART Schools
800	Clearinghouse.-Responsible for validating all educational plant
801	surveys and verifying Florida Inventory of School Houses (FISH)
802	data. The office shall provide technical assistance to public
803	school districts when requested.
804	Section 13.  Subsection (1) of section 1013.04, Florida
805	Statutes, is amended to read:
806	1013.04  School district educational facilities plan
807	performance and productivity standards; development;
808	measurement; application.-
809	(1)  The Office of Educational Facilities and SMART Schools
810	Clearinghouse shall develop and adopt measures for evaluating
811	the performance and productivity of school district educational
812	facilities plans. The measures may be both quantitative and
813	qualitative and must, to the maximum extent practical, assess
814	those factors that are within the districts' control. The
815	measures must, at a minimum, assess performance in the following
816	areas:
817	(a)  Frugal production of high-quality projects.
818	(b)  Efficient finance and administration.
819	(c)  Optimal school and classroom size and utilization
820	rate.
821	(d)  Safety.
822	(e)  Core facility space needs and cost-effective capacity
823	improvements that consider demographic projections.
824	(f)  Level of district local effort.
825	Section 14.  Paragraph (a) of subsection (1) of section
826	1013.21, Florida Statutes, is amended to read:
827	1013.21  Reduction of relocatable facilities in use.-
828	(1)(a)  It is a goal of the Legislature that all school
829	districts shall provide a quality educational environment for
830	their students such that, by July 1, 2003, student stations in
831	relocatable facilities exceeding 20 years of age and in use by a
832	district during the 1998-1999 fiscal year shall be removed and
833	the number of all other relocatable student stations at over-
834	capacity schools during that fiscal year shall be decreased by
835	half. The Legislature finds, however, that necessary maintenance
836	of existing facilities and public school enrollment growth
837	impair the ability of some districts to achieve the goal of this
838	section within 5 years. Therefore, the Legislature is increasing
839	its commitment to school funding in this act, in part to help
840	districts reduce the number of temporary, relocatable student
841	stations at over-capacity schools. The Legislature intends that
842	local school districts also increase their investment toward
843	meeting this goal. Each district's progress toward meeting this
844	goal shall be measured annually by comparing district facilities
845	work programs for replacing relocatables with the state capital
846	outlay projections for education prepared by the Office of
847	Educational Facilities and SMART Schools Clearinghouse. District
848	facilities work programs shall be monitored by the Office of
849	Educational Facilities SMART Schools Clearinghouse to measure
850	the commitment of local school districts toward this goal.
851	Section 15.  Paragraph (a) of subsection (2), paragraph (a)
852	of subsection (4), and subsection (9) of section 1013.33,
853	Florida Statutes, are amended to read:
854	1013.33  Coordination of planning with local governing
855	bodies.-
856	(2)(a)  The school board, county, and nonexempt
857	municipalities located within the geographic area of a school
858	district shall enter into an interlocal agreement that jointly
859	establishes the specific ways in which the plans and processes
860	of the district school board and the local governments are to be
861	coordinated. The interlocal agreements shall be submitted to the
862	state land planning agency and the Office of Educational
863	Facilities and the SMART Schools Clearinghouse in accordance
864	with a schedule published by the state land planning agency.
865	(4)(a)  The Office of Educational Facilities and SMART
866	Schools Clearinghouse shall submit any comments or concerns
867	regarding the executed interlocal agreement to the state land
868	planning agency within 30 days after receipt of the executed
869	interlocal agreement. The state land planning agency shall
870	review the executed interlocal agreement to determine whether it
871	is consistent with the requirements of subsection (3), the
872	adopted local government comprehensive plan, and other
873	requirements of law. Within 60 days after receipt of an executed
874	interlocal agreement, the state land planning agency shall
875	publish a notice of intent in the Florida Administrative Weekly
876	and shall post a copy of the notice on the agency's Internet
877	site. The notice of intent must state that the interlocal
878	agreement is consistent or inconsistent with the requirements of
879	subsection (3) and this subsection as appropriate.
880	(9)  A board and the local governing body must share and
881	coordinate information related to existing and planned school
882	facilities; proposals for development, redevelopment, or
883	additional development; and infrastructure required to support
884	the school facilities, concurrent with proposed development. A
885	school board shall use information produced by the demographic,
886	revenue, and education estimating conferences pursuant to s.
887	216.136 when preparing the district educational facilities plan
888	pursuant to s. 1013.35, as modified and agreed to by the local
889	governments, when provided by interlocal agreement, and the
890	Office of Educational Facilities and SMART Schools
891	Clearinghouse, in consideration of local governments' population
892	projections, to ensure that the district educational facilities
893	plan not only reflects enrollment projections but also considers
894	applicable municipal and county growth and development
895	projections. The projections must be apportioned geographically
896	with assistance from the local governments using local
897	government trend data and the school district student enrollment
898	data. A school board is precluded from siting a new school in a
899	jurisdiction where the school board has failed to provide the
900	annual educational facilities plan for the prior year required
901	pursuant to s. 1013.35 unless the failure is corrected.
902	Section 16.  Paragraph (c) of subsection (1) and paragraph
903	(a) of subsection (2) of section 1013.35, Florida Statutes, are
904	amended to read:
905	1013.35  School district educational facilities plan;
906	definitions; preparation, adoption, and amendment; long-term
907	work programs.-
908	(1)  DEFINITIONS.-As used in this section, the term:
909	(c)  "Tentative educational facilities plan" means the
910	comprehensive planning document prepared annually by the
911	district school board and submitted to the Office of Educational
912	Facilities and SMART Schools Clearinghouse and the affected
913	general-purpose local governments.
914	(2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
915	FACILITIES PLAN.-
916	(a)  Annually, prior to the adoption of the district school
917	budget, each district school board shall prepare a tentative
918	district educational facilities plan that includes long-range
919	planning for facilities needs over 5-year, 10-year, and 20-year
920	periods. The plan must be developed in coordination with the
921	general-purpose local governments and be consistent with the
922	local government comprehensive plans. The school board's plan
923	for provision of new schools must meet the needs of all growing
924	communities in the district, ranging from small rural
925	communities to large urban cities. The plan must include:
926	1.  Projected student populations apportioned
927	geographically at the local level. The projections must be based
928	on information produced by the demographic, revenue, and
929	education estimating conferences pursuant to s. 216.136, where
930	available, as modified by the district based on development data
931	and agreement with the local governments and the Office of
932	Educational Facilities and SMART Schools Clearinghouse. The
933	projections must be apportioned geographically with assistance
934	from the local governments using local development trend data
935	and the school district student enrollment data.
936	2.  An inventory of existing school facilities. Any
937	anticipated expansions or closures of existing school sites over
938	the 5-year, 10-year, and 20-year periods must be identified. The
939	inventory must include an assessment of areas proximate to
940	existing schools and identification of the need for improvements
941	to infrastructure, safety, including safe access routes, and
942	conditions in the community. The plan must also provide a
943	listing of major repairs and renovation projects anticipated
944	over the period of the plan.
945	3.  Projections of facilities space needs, which may not
946	exceed the norm space and occupant design criteria established
947	in the State Requirements for Educational Facilities.
948	4.  Information on leased, loaned, and donated space and
949	relocatables used for conducting the district's instructional
950	programs.
951	5.  The general location of public schools proposed to be
952	constructed over the 5-year, 10-year, and 20-year time periods,
953	including a listing of the proposed schools' site acreage needs
954	and anticipated capacity and maps showing the general locations.
955	The school board's identification of general locations of future
956	school sites must be based on the school siting requirements of
957	s. 163.3177(6)(a) and policies in the comprehensive plan which
958	provide guidance for appropriate locations for school sites.
959	6.  The identification of options deemed reasonable and
960	approved by the school board which reduce the need for
961	additional permanent student stations. Such options may include,
962	but need not be limited to:
963	a.  Acceptable capacity;
964	b.  Redistricting;
965	c.  Busing;
966	d.  Year-round schools;
967	e.  Charter schools;
968	f.  Magnet schools; and
969	g.  Public-private partnerships.
970	7.  The criteria and method, jointly determined by the
971	local government and the school board, for determining the
972	impact of proposed development to public school capacity.
973	Section 17.  Subsections (3) and (4) of section 1013.41,
974	Florida Statutes, are amended to read:
975	1013.41  SMART schools; Classrooms First; legislative
976	purpose.-
977	(3)  SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.-It is the
978	purpose of the Legislature to create s. 1013.35, requiring each
979	school district annually to adopt an educational facilities plan
980	that provides an integrated long-range facilities plan,
981	including the survey of projected needs and the 5-year work
982	program. The purpose of the educational facilities plan is to
983	keep the district school board, local governments, and the
984	public fully informed as to whether the district is using sound
985	policies and practices that meet the essential needs of students
986	and that warrant public confidence in district operations. The
987	educational facilities plan will be monitored by the Office of
988	Educational Facilities and SMART Schools Clearinghouse, which
989	will also apply performance standards pursuant to s. 1013.04.
990	(4)  OFFICE OF EDUCATIONAL FACILITIES AND SMART SCHOOLS
991	CLEARINGHOUSE.-It is the purpose of the Legislature to require
992	create s. 1013.05, establishing the Office of Educational
993	Facilities and SMART Schools Clearinghouse to assist the school
994	districts in building SMART schools utilizing functional and
995	frugal practices. The Office of Educational Facilities and SMART
996	Schools Clearinghouse must review district facilities work
997	programs and projects and identify districts qualified for
998	incentive funding available through School Infrastructure Thrift
999	Program awards; identify opportunities to maximize design and
1000	construction savings; develop school district facilities work
1001	program performance standards; and provide for review and
1002	recommendations to the Governor, the Legislature, and the State
1003	Board of Education.
1004	Section 18.  Paragraphs (a) and (b) of subsection (6) of
1005	section 1013.42, Florida Statutes, are amended to read:
1006	1013.42  School Infrastructure Thrift (SIT) Program Act.-
1007	(6)(a)  Each school district may submit to the Office of
1008	Educational Facilities and SMART Schools Clearinghouse, with
1009	supporting data, its request, based on eligibility pursuant to
1010	s. 1013.72 for an award of SIT Program dollars.
1011	(b)  The Office of Educational Facilities and SMART Schools
1012	Clearinghouse shall examine the supporting data from each school
1013	district and shall report to the commissioner each district's
1014	eligibility pursuant to s. 1013.72. Based on the office's report
1015	and pursuant to ss. 1013.04 and 1013.05, The office shall make
1016	recommendations, ranked in order of priority, for SIT Program
1017	awards to eligible districts. Priority shall be based on a
1018	review of the evaluations conducted under s. 1013.04, district
1019	facilities work programs, and proposed construction projects.
1020	Section 19.  Section 1013.72, Florida Statutes, is amended
1021	to read:
1022	1013.72  SIT Program award eligibility; maximum cost per
1023	student station of educational facilities; frugality incentives;
1024	recognition awards.-
1025	(1)  It is the intent of the Legislature that district
1026	school boards that seek awards of SIT Program funds use due
1027	diligence and sound business practices in the design,
1028	construction, and use of educational facilities.
1029	(2)  A school district may seek an award from the SIT
1030	Program, pursuant to this section and s. 1013.42, based on the
1031	district's new construction of educational facilities if the
1032	cost per student station is less than:
1033	(a)  $17,952 $11,600 for an elementary school,
1034	(b)  $19,386 $13,300 for a middle school, or
1035	(c)  $25,181 $17,600 for a high school,
1036
1037	(January 2006) (1997) as adjusted annually by the Consumer Price
1038	Index. The award shall be up to 50 percent of such savings, as
1039	recommended by the Office of Educational Facilities and SMART
1040	Schools Clearinghouse.
1041	(3)  A school district may seek a SMART school of the year
1042	recognition award for building the highest quality functional,
1043	frugal school. The commissioner may present a trophy or plaque
1044	and a cash award to the school recommended by the Office of
1045	Educational Facilities and SMART Schools Clearinghouse for a
1046	SMART school of the year recognition award.
1047	Section 20.  Subsection (1) of section 1013.73, Florida
1048	Statutes, is amended to read:
1049	1013.73  Effort index grants for school district
1050	facilities.-
1051	(1)  The Legislature hereby allocates for effort index
1052	grants the sum of $300 million from the funds appropriated from
1053	the Educational Enhancement Trust Fund by s. 46, chapter 97-384,
1054	Laws of Florida, contingent upon the sale of school capital
1055	outlay bonds. From these funds, the Commissioner of Education
1056	shall allocate to the four school districts deemed eligible for
1057	an effort index grant by the SMART Schools Clearinghouse the
1058	sums of $7,442,890 to the Clay County School District,
1059	$62,755,920 to the Miami-Dade County Public Schools, $1,628,590
1060	to the Hendry County School District, and $414,950 to the
1061	Madison County School District. The remaining funds shall be
1062	allocated among the remaining district school boards that
1063	qualify for an effort index grant by meeting the local capital
1064	outlay effort criteria in paragraph (a) or paragraph (b).
1065	(a)  Between July 1, 1995, and June 30, 1999, the school
1066	district received direct proceeds from the one-half-cent sales
1067	surtax for public school capital outlay authorized by s.
1068	212.055(6) or from the local government infrastructure sales
1069	surtax authorized by s. 212.055(2).
1070	(b)  The school district met two of the following criteria:
1071	1.  Levied the full 2 mills of nonvoted discretionary
1072	capital outlay authorized by s. 1011.71(2) during 1995-1996,
1073	1996-1997, 1997-1998, and 1998-1999.
1074	2.  Levied a cumulative voted millage for capital outlay
1075	and debt service equal to 2.5 mills for fiscal years 1995
1076	through 1999.
1077	3.  Received proceeds of school impact fees greater than
1078	$500 per dwelling unit which were in effect on July 1, 1998.
1079	4.  Received direct proceeds from either the one-half-cent
1080	sales surtax for public school capital outlay authorized by s.
1081	212.055(6) or from the local government infrastructure sales
1082	surtax authorized by s. 212.055(2).
1083	Section 21.  The Legislature recognizes that there is a
1084	need to conform the Florida K-20 Education Code to changes in
1085	terminology relating to community colleges that were enacted by
1086	chapter 2008-52, Laws of Florida, establishing the Florida
1087	College System, and chapter 2009-228, Laws of Florida, renaming
1088	the "Division of Community Colleges" as the "Division of Florida
1089	Colleges" and defining the term "Florida college." Therefore, in
1090	the interim between this act becoming a law and the 2011 Regular
1091	Session of the Legislature, the Division of Statutory Revision
1092	of the Office of Legislative Services shall prepare a reviser's
1093	bill to substitute the term "Florida College System institution"
1094	for the terms "Florida college," "community college," and
1095	"junior college" where those terms appear in the Florida K-20
1096	Education Code.
1097	Section 22.  Section 1004.87, Florida Statutes, is
1098	repealed.
1099	Section 23.  Section 1002.335, Florida Statutes, is
1100	repealed.
1101	Section 24.  Paragraphs (a) and (d) through (i) of
1102	subsection (6) of section 1002.33, Florida Statutes, are amended
1103	to read:
1104	1002.33  Charter schools.-
1105	(6)  APPLICATION PROCESS AND REVIEW.-Charter school
1106	applications are subject to the following requirements:
1107	(a)  A person or entity wishing to open a charter school
1108	shall prepare and submit an application on a model application
1109	form prepared by the Department of Education which:
1110	1.  Demonstrates how the school will use the guiding
1111	principles and meet the statutorily defined purpose of a charter
1112	school.
1113	2.  Provides a detailed curriculum plan that illustrates
1114	how students will be provided services to attain the Sunshine
1115	State Standards.
1116	3.  Contains goals and objectives for improving student
1117	learning and measuring that improvement. These goals and
1118	objectives must indicate how much academic improvement students
1119	are expected to show each year, how success will be evaluated,
1120	and the specific results to be attained through instruction.
1121	4.  Describes the reading curriculum and differentiated
1122	strategies that will be used for students reading at grade level
1123	or higher and a separate curriculum and strategies for students
1124	who are reading below grade level. A sponsor shall deny a
1125	charter if the school does not propose a reading curriculum that
1126	is consistent with effective teaching strategies that are
1127	grounded in scientifically based reading research.
1128	5.  Contains an annual financial plan for each year
1129	requested by the charter for operation of the school for up to 5
1130	years. This plan must contain anticipated fund balances based on
1131	revenue projections, a spending plan based on projected revenues
1132	and expenses, and a description of controls that will safeguard
1133	finances and projected enrollment trends.
1134	6.  Documents that the applicant has participated in the
1135	training required in subparagraph (f)(g)2. A sponsor may require
1136	an applicant to provide additional information as an addendum to
1137	the charter school application described in this paragraph.
1138	(d)  For charter school applications in school districts
1139	that have not been granted exclusive authority to sponsor
1140	charter schools pursuant to s. 1002.335(5), the right to appeal
1141	an application denial under paragraph (c) shall be contingent on
1142	the applicant having submitted the same or a substantially
1143	similar application to the Florida Schools of Excellence
1144	Commission or one of its cosponsors. Any such applicant whose
1145	application is denied by the commission or one of its cosponsors
1146	subsequent to its denial by the district school board may
1147	exercise its right to appeal the district school board's denial
1148	under paragraph (c) within 30 days after receipt of the
1149	commission's or cosponsor's denial or failure to act on the
1150	application. However, the applicant forfeits its right to appeal
1151	under paragraph (c) if it fails to submit its application to the
1152	commission or one of its cosponsors by August 1 of the school
1153	year immediately following the district school board's denial of
1154	the application.
1155	(d)(e)  The sponsor shall act upon the decision of the
1156	State Board of Education within 30 calendar days after it is
1157	received. The State Board of Education's decision is a final
1158	action subject to judicial review in the district court of
1159	appeal.
1160	(e)(f)1.  A Charter School Appeal Commission is established
1161	to assist the commissioner and the State Board of Education with
1162	a fair and impartial review of appeals by applicants whose
1163	charter applications have been denied, whose charter contracts
1164	have not been renewed, or whose charter contracts have been
1165	terminated by their sponsors.
1166	2.  The Charter School Appeal Commission may receive copies
1167	of the appeal documents forwarded to the State Board of
1168	Education, review the documents, gather other applicable
1169	information regarding the appeal, and make a written
1170	recommendation to the commissioner. The recommendation must
1171	state whether the appeal should be upheld or denied and include
1172	the reasons for the recommendation being offered. The
1173	commissioner shall forward the recommendation to the State Board
1174	of Education no later than 7 calendar days prior to the date on
1175	which the appeal is to be heard. The state board must consider
1176	the commission's recommendation in making its decision, but is
1177	not bound by the recommendation. The decision of the Charter
1178	School Appeal Commission is not subject to the provisions of the
1179	Administrative Procedure Act, chapter 120.
1180	3.  The commissioner shall appoint the members of the
1181	Charter School Appeal Commission. Members shall serve without
1182	compensation but may be reimbursed for travel and per diem
1183	expenses in conjunction with their service. One-half of the
1184	members must represent currently operating charter schools, and
1185	one-half of the members must represent sponsors. The
1186	commissioner or a named designee shall chair the Charter School
1187	Appeal Commission.
1188	4.  The chair shall convene meetings of the commission and
1189	shall ensure that the written recommendations are completed and
1190	forwarded in a timely manner. In cases where the commission
1191	cannot reach a decision, the chair shall make the written
1192	recommendation with justification, noting that the decision was
1193	rendered by the chair.
1194	5.  Commission members shall thoroughly review the
1195	materials presented to them from the appellant and the sponsor.
1196	The commission may request information to clarify the
1197	documentation presented to it. In the course of its review, the
1198	commission may facilitate the postponement of an appeal in those
1199	cases where additional time and communication may negate the
1200	need for a formal appeal and both parties agree, in writing, to
1201	postpone the appeal to the State Board of Education. A new date
1202	certain for the appeal shall then be set based upon the rules
1203	and procedures of the State Board of Education. Commission
1204	members shall provide a written recommendation to the state
1205	board as to whether the appeal should be upheld or denied. A
1206	fact-based justification for the recommendation must be
1207	included. The chair must ensure that the written recommendation
1208	is submitted to the State Board of Education members no later
1209	than 7 calendar days prior to the date on which the appeal is to
1210	be heard. Both parties in the case shall also be provided a copy
1211	of the recommendation.
1212	(f)(g)1.  The Department of Education shall offer or
1213	arrange for training and technical assistance to charter school
1214	applicants in developing business plans and estimating costs and
1215	income. This assistance shall address estimating startup costs,
1216	projecting enrollment, and identifying the types and amounts of
1217	state and federal financial assistance the charter school may be
1218	eligible to receive. The department may provide other technical
1219	assistance to an applicant upon written request.
1220	2.  A charter school applicant must participate in the
1221	training provided by the Department of Education before filing
1222	an application. However, a sponsor may require the charter
1223	school applicant to attend training provided by the sponsor in
1224	lieu of the department's training if the sponsor's training
1225	standards meet or exceed the standards developed by the
1226	Department of Education. The training shall include instruction
1227	in accurate financial planning and good business practices. If
1228	the applicant is a management company or other nonprofit
1229	organization, the charter school principal and the chief
1230	financial officer or his or her equivalent must also participate
1231	in the training.
1232	(g)(h)  In considering charter applications for a lab
1233	school, a state university shall consult with the district
1234	school board of the county in which the lab school is located.
1235	The decision of a state university may be appealed pursuant to
1236	the procedure established in this subsection.
1237	(h)(i)  The terms and conditions for the operation of a
1238	charter school shall be set forth by the sponsor and the
1239	applicant in a written contractual agreement, called a charter.
1240	The sponsor shall not impose unreasonable rules or regulations
1241	that violate the intent of giving charter schools greater
1242	flexibility to meet educational goals. The sponsor shall have 60
1243	days to provide an initial proposed charter contract to the
1244	charter school. The applicant and the sponsor shall have 75 days
1245	thereafter to negotiate and notice the charter contract for
1246	final approval by the sponsor unless both parties agree to an
1247	extension. The proposed charter contract shall be provided to
1248	the charter school at least 7 calendar days prior to the date of
1249	the meeting at which the charter is scheduled to be voted upon
1250	by the sponsor. The Department of Education shall provide
1251	mediation services for any dispute regarding this section
1252	subsequent to the approval of a charter application and for any
1253	dispute relating to the approved charter, except disputes
1254	regarding charter school application denials. If the
1255	Commissioner of Education determines that the dispute cannot be
1256	settled through mediation, the dispute may be appealed to an
1257	administrative law judge appointed by the Division of
1258	Administrative Hearings. The administrative law judge may rule
1259	on issues of equitable treatment of the charter school as a
1260	public school, whether proposed provisions of the charter
1261	violate the intended flexibility granted charter schools by
1262	statute, or on any other matter regarding this section except a
1263	charter school application denial, a charter termination, or a
1264	charter nonrenewal and shall award the prevailing party
1265	reasonable attorney's fees and costs incurred to be paid by the
1266	losing party. The costs of the administrative hearing shall be
1267	paid by the party whom the administrative law judge rules
1268	against.
1269	Section 25.  Subsection (5) of section 1003.413, Florida
1270	Statutes, is repealed.
1271	Section 26.  Section 1003.62, Florida Statutes, is
1272	repealed.
1273	Section 27.  Subsection (2) of section 1011.69, Florida
1274	Statutes, is amended to read:
1275	1011.69  Equity in School-Level Funding Act.-
1276	(2)  Beginning in the 2003-2004 fiscal year, district
1277	school boards shall allocate to schools within the district an
1278	average of 90 percent of the funds generated by all schools and
1279	guarantee that each school receives at least 80 percent of the
1280	funds generated by that school based upon the Florida Education
1281	Finance Program as provided in s. 1011.62 and the General
1282	Appropriations Act, including gross state and local funds,
1283	discretionary lottery funds, and funds from the school
1284	district's current operating discretionary millage levy. Total
1285	funding for each school shall be recalculated during the year to
1286	reflect the revised calculations under the Florida Education
1287	Finance Program by the state and the actual weighted full-time
1288	equivalent students reported by the school during the full-time
1289	equivalent student survey periods designated by the Commissioner
1290	of Education. If the district school board is providing programs
1291	or services to students funded by federal funds, any eligible
1292	students enrolled in the schools in the district shall be
1293	provided federal funds. Only academic performance-based charter
1294	school districts, pursuant to s. 1003.62, are exempt from the
1295	provisions of this section.
1296	Section 28.  Paragraph (b) of subsection (6) of section
1297	1013.64, Florida Statutes, is amended to read:
1298	1013.64  Funds for comprehensive educational plant needs;
1299	construction cost maximums for school district capital
1300	projects.-Allocations from the Public Education Capital Outlay
1301	and Debt Service Trust Fund to the various boards for capital
1302	outlay projects shall be determined as follows:
1303	(6)
1304	(b)1.  A district school board, including a district school
1305	board of an academic performance-based charter school district,
1306	must not use funds from the following sources: Public Education
1307	Capital Outlay and Debt Service Trust Fund; School District and
1308	Community College District Capital Outlay and Debt Service Trust
1309	Fund; Classrooms First Program funds provided in s. 1013.68;
1310	effort index grant funds provided in s. 1013.73; nonvoted 1.5-
1311	mill levy of ad valorem property taxes provided in s.
1312	1011.71(2); Classrooms for Kids Program funds provided in s.
1313	1013.735; District Effort Recognition Program funds provided in
1314	s. 1013.736; or High Growth District Capital Outlay Assistance
1315	Grant Program funds provided in s. 1013.738 for any new
1316	construction of educational plant space with a total cost per
1317	student station, including change orders, that equals more than:
1318	a.  $17,952 for an elementary school,
1319	b.  $19,386 for a middle school, or
1320	c.  $25,181 for a high school,
1321
1322	(January 2006) as adjusted annually to reflect increases or
1323	decreases in the Consumer Price Index.
1324	2.  A district school board must not use funds from the
1325	Public Education Capital Outlay and Debt Service Trust Fund or
1326	the School District and Community College District Capital
1327	Outlay and Debt Service Trust Fund for any new construction of
1328	an ancillary plant that exceeds 70 percent of the average cost
1329	per square foot of new construction for all schools.
1330	Section 29.  Section 1003.63 and subsection (7) of section
1331	1008.345, Florida Statutes, are repealed.
1332	Section 30.  Subsection (2) of section 1004.68, Florida
1333	Statutes, is amended to read:
1334	1004.68  Community college; degrees and certificates; tests
1335	for certain skills.-
1336	(2)  Each community college board of trustees shall require
1337	the use of scores on tests for college-level communication and
1338	computation skills provided in s. 1008.345(7)(8) as a condition
1339	for graduation with an associate in arts degree.
1340	Section 31.  Section 1006.67, Florida Statutes, is
1341	repealed.
1342	Section 32.  Section 1013.11, Florida Statutes, is amended
1343	to read:
1344	1013.11  Postsecondary institutions assessment of physical
1345	plant safety.-The president of each postsecondary institution
1346	shall conduct or cause to be conducted an annual assessment of
1347	physical plant safety. An annual report shall incorporate the
1348	findings obtained through such assessment and recommendations
1349	for the improvement of safety on each campus. The annual report
1350	shall be submitted to the respective governing or licensing
1351	board of jurisdiction no later than January 1 of each year. Each
1352	board shall compile the individual institutional reports and
1353	convey the aggregate institutional reports to the Commissioner
1354	of Education or the Chancellor of the State University System,
1355	as appropriate. The Commissioner of Education and the Chancellor
1356	of the State University System shall convey these reports and
1357	the reports required in s. 1006.67 to the President of the
1358	Senate and the Speaker of the House of Representatives no later
1359	than March 1 of each year.
1360	Section 33.  Sections 1009.63, 1009.631, 1009.632,
1361	1009.633, 1009.634, and 1009.64, Florida Statutes, are repealed.
1362	Section 34.  Paragraph (a) of subsection (1) of section
1363	1009.40, Florida Statutes, is amended to read:
1364	1009.40  General requirements for student eligibility for
1365	state financial aid awards and tuition assistance grants.-
1366	(1)(a)  The general requirements for eligibility of
1367	students for state financial aid awards and tuition assistance
1368	grants consist of the following:
1369	1.  Achievement of the academic requirements of and
1370	acceptance at a state university or community college; a nursing
1371	diploma school approved by the Florida Board of Nursing; a
1372	Florida college, university, or community college which is
1373	accredited by an accrediting agency recognized by the State
1374	Board of Education; any Florida institution the credits of which
1375	are acceptable for transfer to state universities; any career
1376	center; or any private career institution accredited by an
1377	accrediting agency recognized by the State Board of Education.
1378	2.  Residency in this state for no less than 1 year
1379	preceding the award of aid or a tuition assistance grant for a
1380	program established pursuant to s. 1009.50, s. 1009.505, s.
1381	1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
1382	1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
1383	1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
1384	Residency in this state must be for purposes other than to
1385	obtain an education. Resident status for purposes of receiving
1386	state financial aid awards shall be determined in the same
1387	manner as resident status for tuition purposes pursuant to s.
1388	1009.21.
1389	3.  Submission of certification attesting to the accuracy,
1390	completeness, and correctness of information provided to
1391	demonstrate a student's eligibility to receive state financial
1392	aid awards or tuition assistance grants. Falsification of such
1393	information shall result in the denial of any pending
1394	application and revocation of any award or grant currently held
1395	to the extent that no further payments shall be made.
1396	Additionally, students who knowingly make false statements in
1397	order to receive state financial aid awards or tuition
1398	assistance grants commit a misdemeanor of the second degree
1399	subject to the provisions of s. 837.06 and shall be required to
1400	return all state financial aid awards or tuition assistance
1401	grants wrongfully obtained.
1402	Section 35.  Paragraph (c) of subsection (2) of section
1403	1009.94, Florida Statutes, is amended to read:
1404	1009.94  Student financial assistance database.-
1405	(2)  For purposes of this section, financial assistance
1406	includes:
1407	(c)  Any financial assistance provided under s. 1009.50, s.
1408	1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
1409	1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
1410	1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
1411	1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
1412	Section 36.  This act shall take effect July 1, 2010.

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