Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (314320) for CS for SB 524
       
       
       
       
       
       
                                Ì741272ÉÎ741272                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/26/2016           .                                
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       The Committee on Appropriations (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (27) of section 1001.42,
    6  Florida Statutes, is redesignated as subsection (28), and a new
    7  subsection (27) is added to that section, to read:
    8         1001.42 Powers and duties of district school board.—The
    9  district school board, acting as a board, shall exercise all
   10  powers and perform all duties listed below:
   11         (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
   12  management and instruction, give suggestions for improvement,
   13  and advise citizens with the view of promoting interest in
   14  education and improving the school.
   15         Section 2. Section 1001.66, Florida Statutes, is created to
   16  read:
   17         1001.66Florida College System Performance-Based
   18  Incentive.—
   19         (1)A Florida College System Performance-Based Incentive
   20  shall be awarded to Florida College System institutions using
   21  performance-based metrics adopted by the State Board of
   22  Education. The performance-based metrics must include retention
   23  rates; program completion and graduation rates; postgraduation
   24  employment, salaries, and continuing education for workforce
   25  education and baccalaureate programs, with wage thresholds that
   26  reflect the added value of the certificate or degree; and
   27  outcome measures appropriate for associate of arts degree
   28  recipients. The state board shall adopt benchmarks to evaluate
   29  each institution’s performance on the metrics to measure the
   30  institution’s achievement of institutional excellence or need
   31  for improvement and minimum requirements for eligibility to
   32  receive performance funding.
   33         (2)Each fiscal year, the amount of funds available for
   34  allocation to the Florida College System institutions based on
   35  the performance-based funding model shall consist of the state’s
   36  investment in performance funding plus institutional investments
   37  consisting of funds to be redistributed from the base funding of
   38  the Florida College System Program Fund as determined in the
   39  General Appropriations Act. The State Board of Education shall
   40  establish minimum performance funding eligibility thresholds for
   41  the state’s investment and the institutional investments. An
   42  institution that fails to meet the minimum state investment
   43  performance funding eligibility threshold is ineligible for a
   44  share of the state’s investment in performance funding. The
   45  institutional investment shall be restored for all institutions
   46  eligible for the state’s investment under the performance-based
   47  funding model.
   48         (3)(a)Each Florida College System institution’s share of
   49  the performance funding shall be calculated based on its
   50  relative performance on the established metrics in conjunction
   51  with the institutional size and scope.
   52         (b)A Florida College System institution that fails to meet
   53  the State Board of Education’s minimum institutional investment
   54  performance funding eligibility threshold shall have a portion
   55  of its institutional investment withheld by the state board and
   56  must submit an improvement plan to the state board which
   57  specifies the activities and strategies for improving the
   58  institution’s performance. The state board must review and
   59  approve the improvement plan and, if the plan is approved, must
   60  monitor the institution’s progress in implementing the
   61  activities and strategies specified in the improvement plan. The
   62  institution shall submit monitoring reports to the state board
   63  by December 31 and May 31 of each year in which an improvement
   64  plan is in place. The ability of an institution to submit an
   65  improvement plan to the state board is limited to 1 fiscal year.
   66         (c)The Commissioner of Education shall withhold
   67  disbursement of the institutional investment until the
   68  monitoring report is approved by the State Board of Education. A
   69  Florida College System institution determined by the state board
   70  to be making satisfactory progress on implementing the
   71  improvement plan shall receive no more than one-half of the
   72  withheld institutional investment in January and the balance of
   73  the withheld institutional investment in June. An institution
   74  that fails to make satisfactory progress may not have its full
   75  institutional investment restored. Any institutional investment
   76  funds that are not restored shall be redistributed in accordance
   77  with the state board’s performance-based metrics.
   78         (4)Distributions of performance funding, as provided in
   79  this section, shall be made to each of the Florida College
   80  System institutions listed in the Florida Colleges category in
   81  the General Appropriations Act.
   82         (5)By October 1 of each year, the State Board of Education
   83  shall submit to the Governor, the President of the Senate, and
   84  the Speaker of the House of Representatives a report on the
   85  previous fiscal year’s performance funding allocation, which
   86  must reflect the rankings and award distributions.
   87         (6)The State Board of Education shall adopt rules to
   88  administer this section.
   89         Section 3. Section 1001.67, Florida Statutes, is created to
   90  read:
   91         1001.67Distinguished Florida College System Program.—A
   92  collaborative partnership is established between the State Board
   93  of Education and the Legislature to recognize the excellence of
   94  Florida’s highest-performing Florida College system
   95  institutions.
   96         (1) EXCELLENCE STANDARDS.—The following excellence
   97  standards are established for the program:
   98         (a)A 150 percent-of-normal-time completion rate of 50
   99  percent or higher, as calculated by the Division of Florida
  100  Colleges.
  101         (b)A 150 percent-of-normal-time completion rate for Pell
  102  Grant recipients of 40 percent or higher, as calculated by the
  103  Division of Florida Colleges.
  104         (c)A retention rate of 70 percent or higher, as calculated
  105  by the Division of Florida Colleges.
  106         (d)A continuing education, or transfer, rate of 72 percent
  107  or higher for students graduating with an associate of arts
  108  degree, as reported by the Florida Education and Training
  109  Placement Information Program (FETPIP).
  110         (e)A licensure passage rate on the National Council
  111  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
  112  percent or higher for first-time exam takers, as reported by the
  113  Board of Nursing.
  114         (f)A job placement or continuing education rate of 88
  115  percent or higher for workforce programs, as reported by FETPIP.
  116         (g)A time-to-degree for students graduating with an
  117  associate of arts degree of 2.25 years or less for first-time
  118  in-college students with accelerated college credits, as
  119  reported by the Southern Regional Education Board.
  120         (2)DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
  121  Education shall designate each Florida College System
  122  institution that meets five of the seven standards identified in
  123  subsection (1) as a distinguished college.
  124         (3)DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
  125  institution designated as a distinguished college by the State
  126  Board of Education is eligible for funding as specified in the
  127  General Appropriations Act.
  128         Section 4. Subsection (1) of section 1001.7065, Florida
  129  Statutes, is reenacted, and subsections (2), (3), and (5)
  130  through (9) of that section are amended, to read:
  131         1001.7065 Preeminent state research universities program.—
  132         (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
  133  COLLABORATION.—A collaborative partnership is established
  134  between the Board of Governors and the Legislature to elevate
  135  the academic and research preeminence of Florida’s highest
  136  performing state research universities in accordance with this
  137  section. The partnership stems from the State University System
  138  Governance Agreement executed on March 24, 2010, wherein the
  139  Board of Governors and leaders of the Legislature agreed to a
  140  framework for the collaborative exercise of their joint
  141  authority and shared responsibility for the State University
  142  System. The governance agreement confirmed the commitment of the
  143  Board of Governors and the Legislature to continue collaboration
  144  on accountability measures, the use of data, and recommendations
  145  derived from such data.
  146         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
  147  July 1, 2013, The following academic and research excellence
  148  standards are established for the preeminent state research
  149  universities program:
  150         (a) An average weighted grade point average of 4.0 or
  151  higher on a 4.0 scale and an average SAT score of 1800 or higher
  152  on a 2400-point scale or 1200 or higher on a 1600-point scale
  153  for fall semester incoming freshmen, as reported annually.
  154         (b) A top-50 ranking on at least two well-known and highly
  155  respected national public university rankings, including, but
  156  not limited to, the U.S. News and World Report rankings,
  157  reflecting national preeminence, using most recent rankings.
  158         (c) A freshman retention rate of 90 percent or higher for
  159  full-time, first-time-in-college students, as reported annually
  160  to the Integrated Postsecondary Education Data System (IPEDS).
  161         (d) A 6-year graduation rate of 70 percent or higher for
  162  full-time, first-time-in-college students, as reported annually
  163  to the IPEDS.
  164         (e) Six or more faculty members at the state university who
  165  are members of a national academy, as reported by the Center for
  166  Measuring University Performance in the Top American Research
  167  Universities (TARU) annual report or the official membership
  168  directories maintained by each national academy.
  169         (f) Total annual research expenditures, including federal
  170  research expenditures, of $200 million or more, as reported
  171  annually by the National Science Foundation (NSF).
  172         (g) Total annual research expenditures in diversified
  173  nonmedical sciences of $150 million or more, based on data
  174  reported annually by the NSF.
  175         (h) A top-100 university national ranking for research
  176  expenditures in five or more science, technology, engineering,
  177  or mathematics fields of study, as reported annually by the NSF.
  178         (i) One hundred or more total patents awarded by the United
  179  States Patent and Trademark Office for the most recent 3-year
  180  period.
  181         (j) Four hundred or more doctoral degrees awarded annually,
  182  including professional doctoral degrees awarded in medical and
  183  health care disciplines, as reported in the Board of Governors
  184  Annual Accountability Report.
  185         (k) Two hundred or more postdoctoral appointees annually,
  186  as reported in the TARU annual report.
  187         (l) An endowment of $500 million or more, as reported in
  188  the Board of Governors Annual Accountability Report.
  189         (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
  190         (a) The Board of Governors shall designate each state
  191  research university that annually meets at least 11 of the 12
  192  academic and research excellence standards identified in
  193  subsection (2) as a preeminent state research university.
  194  preeminent state research university.
  195         (b)The Board of Governors shall designate each state
  196  university that annually meets at least 6 of the 12 academic and
  197  research excellence standards identified in subsection (2) as an
  198  “emerging preeminent state research university.”
  199         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  200  UNIVERSITY SUPPORT.—
  201         (a) A state research university that is designated as a
  202  preeminent state research university, as of July 1, 2013, meets
  203  all 12 of the academic and research excellence standards
  204  identified in subsection (2), as verified by the Board of
  205  Governors, shall submit to the Board of Governors a 5-year
  206  benchmark plan with target rankings on key performance metrics
  207  for national excellence. Upon approval by the Board of
  208  Governors, and upon the university’s meeting the benchmark plan
  209  goals annually, the Board of Governors shall award the
  210  university its proportionate share of any funds provided
  211  annually to support the program created under this section an
  212  amount specified in the General Appropriations Act to be
  213  provided annually throughout the 5-year period. Funding for this
  214  purpose is contingent upon specific appropriation in the General
  215  Appropriations Act.
  216         (b)A state university designated as an emerging preeminent
  217  state research university shall submit to the Board of Governors
  218  a 5-year benchmark plan with target rankings on key performance
  219  metrics for national excellence. Upon approval by the Board of
  220  Governors, and upon the university’s meeting the benchmark plan
  221  goals annually, the Board of Governors shall award the
  222  university its proportionate share of any funds provided
  223  annually to support the program created under this section.
  224         (c)The award of funds under this subsection is contingent
  225  upon funding provided in the General Appropriations Act to
  226  support the preeminent state research universities program
  227  created under this section. Funding increases appropriated
  228  beyond the amounts funded in the previous fiscal year shall be
  229  distributed as follows:
  230         1.Each designated preeminent state research university
  231  that meets the criteria in paragraph (a) shall receive an equal
  232  amount of funding.
  233         2.Each designated emerging preeminent state research
  234  university that meets the criteria in paragraph (b) shall
  235  receive an amount of funding that is equal to one-half of the
  236  total increased amount awarded to each designated preeminent
  237  state research university.
  238         (6)PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
  239  INITIATIVE.—A state research university that, as of July 1,
  240  2013, meets 11 of the 12 academic and research excellence
  241  standards identified in subsection (2), as verified by the Board
  242  of Governors, shall submit to the Board of Governors a 5-year
  243  benchmark plan with target rankings on key performance metrics
  244  for national excellence. Upon the university’s meeting the
  245  benchmark plan goals annually, the Board of Governors shall
  246  award the university an amount specified in the General
  247  Appropriations Act to be provided annually throughout the 5-year
  248  period for the purpose of recruiting National Academy Members,
  249  expediting the provision of a master’s degree in cloud
  250  virtualization, and instituting an entrepreneurs-in-residence
  251  program throughout its campus. Funding for this purpose is
  252  contingent upon specific appropriation in the General
  253  Appropriations Act.
  254         (7)PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  255  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  256  educational experience, a university that is designated a
  257  preeminent state research university may require its incoming
  258  first-time-in-college students to take a 9-to-12-credit set of
  259  unique courses specifically determined by the university and
  260  published on the university’s website. The university may
  261  stipulate that credit for such courses may not be earned through
  262  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  263  or any other transfer credit. All accelerated credits earned up
  264  to the limits specified in ss. 1007.27 and 1007.271 shall be
  265  applied toward graduation at the student’s request.
  266         (6)(8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  267  AUTHORITY.—The Board of Governors is encouraged to identify and
  268  grant all reasonable, feasible authority and flexibility to
  269  ensure that a designated preeminent state research university is
  270  free from unnecessary restrictions.
  271         (7)(9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  272  UNIVERSITY SYSTEM.—The Board of Governors is encouraged to
  273  establish standards and measures whereby individual programs in
  274  state universities that objectively reflect national excellence
  275  can be identified and make recommendations to the Legislature as
  276  to how any such programs could be enhanced and promoted.
  277         Section 5. Section 1001.92, Florida Statutes, is amended to
  278  read:
  279         1001.92 State University System Performance-Based
  280  Incentive.—
  281         (1) A State University System Performance-Based Incentive
  282  shall be awarded to state universities using performance-based
  283  metrics adopted by the Board of Governors of the State
  284  University System. The performance-based metrics must include
  285  graduation rates;, retention rates;, postgraduation education
  286  rates;, degree production;, affordability;, postgraduation
  287  employment and salaries, including wage thresholds that reflect
  288  the added value of a baccalaureate degree; access;, and other
  289  metrics approved by the board in a formally noticed meeting. The
  290  board shall adopt benchmarks to evaluate each state university’s
  291  performance on the metrics to measure the state university’s
  292  achievement of institutional excellence or need for improvement
  293  and minimum requirements for eligibility to receive performance
  294  funding.
  295         (2) Each fiscal year, the amount of funds available for
  296  allocation to the state universities based on the performance
  297  based funding model metrics shall consist of the state’s
  298  investment in appropriation for performance funding, including
  299  increases in base funding plus institutional investments
  300  consisting of funds deducted from the base funding of each state
  301  university in the State University System, in an amount provided
  302  in the General Appropriations Act. The Board of Governors shall
  303  establish minimum performance funding eligibility thresholds for
  304  the state’s investment and the institutional investments. A
  305  state university that fails to meet the minimum state investment
  306  performance funding eligibility threshold is ineligible for a
  307  share of the state’s investment in performance funding. The
  308  institutional investment shall be restored for each institution
  309  eligible for the state’s investment under the performance-based
  310  funding model metrics.
  311         (3)(a) A state university that fails to meet the Board of
  312  Governors’ minimum institutional investment performance funding
  313  eligibility threshold shall have a portion of its institutional
  314  investment withheld by the board and must submit an improvement
  315  plan to the board that specifies the activities and strategies
  316  for improving the state university’s performance. The board must
  317  review and approve the improvement plan and, if the plan is
  318  approved, must monitor the state university’s progress in
  319  implementing the activities and strategies specified in the
  320  improvement plan. The state university shall submit monitoring
  321  reports to the board by December 31 and May 31 of each year in
  322  which an improvement plan is in place. The ability of a state
  323  university to submit an improvement plan to the board is limited
  324  to 1 fiscal year.
  325         (b) The Chancellor of the State University System shall
  326  withhold disbursement of the institutional investment until the
  327  monitoring report is approved by the Board of Governors. A state
  328  university that is determined by the board to be making
  329  satisfactory progress on implementing the improvement plan shall
  330  receive no more than one-half of the withheld institutional
  331  investment in January and the balance of the withheld
  332  institutional investment in June. A state university that fails
  333  to make satisfactory progress may not have its full
  334  institutional investment restored. Any institutional investment
  335  funds that are not restored shall be redistributed in accordance
  336  with the board’s performance-based metrics.
  337         (4) Distributions of performance funding, as provided in
  338  this section, shall be made to each of the state universities
  339  listed in the Education and General Activities category in the
  340  General Appropriations Act.
  341         (5) By October 1 of each year, the Board of Governors shall
  342  submit to the Governor, the President of the Senate, and the
  343  Speaker of the House of Representatives a report on the previous
  344  fiscal year’s performance funding allocation which must reflect
  345  the rankings and award distributions.
  346         (6) The Board of Governors shall adopt regulations to
  347  administer this section expires July 1, 2016.
  348         Section 6. Subsection (4) is added to section 1002.391,
  349  Florida Statutes, to read:
  350         1002.391 Auditory-oral education programs.—
  351         (4) Beginning with the 2017-2018 school year, a school
  352  district shall add four special consideration points to the
  353  calculation of a matrix of services for a student who is deaf
  354  and enrolled in an auditory-oral education program.
  355         Section 7. Subsections (1) and (2) of section 1002.53,
  356  Florida Statutes, are amended to read:
  357         1002.53 Voluntary Prekindergarten Education Program;
  358  eligibility and enrollment.—
  359         (1) The Voluntary Prekindergarten Education Program is
  360  created and shall be organized, designed, and delivered in
  361  accordance with s. 1(b) and (c), Art. IX of the State
  362  Constitution.
  363         (2) Each child who resides in this state who will have
  364  attained the age of 4 years on or before September 1 of the
  365  school year is eligible for the Voluntary Prekindergarten
  366  Education Program during either that school year or the
  367  following school year. The child remains eligible until the
  368  beginning of the school year for which the child is eligible for
  369  admission to kindergarten in a public school under s.
  370  1003.21(1)(a)2. or until the child is admitted to kindergarten,
  371  or unless he or she will have attained the age of 6 years by
  372  February 1 of any school year under s. 1003.21(1)(a)1 whichever
  373  occurs first.
  374         Section 8. Subsection (4) of section 1003.4282, Florida
  375  Statutes, is amended to read:
  376         1003.4282 Requirements for a standard high school diploma.—
  377         (4) ONLINE COURSE REQUIREMENT.—At least one course within
  378  the 24 credits required under this section must be completed
  379  through online learning. A school district may not require a
  380  student to take the online course outside the school day or in
  381  addition to a student’s courses for a given semester.
  382         (a) An online course taken in grade 6, grade 7, or grade 8
  383  fulfills the this requirement in this subsection. The This
  384  requirement is met through an online course offered by the
  385  Florida Virtual School, a virtual education provider approved by
  386  the State Board of Education, a high school, or an online dual
  387  enrollment course. A student who is enrolled in a full-time or
  388  part-time virtual instruction program under s. 1002.45 meets the
  389  this requirement.
  390         (b) A district school board or a charter school governing
  391  board, as applicable, may offer students the following options
  392  to satisfy the online course requirement in this subsection:
  393         1. Completion of a course in which a student earns a
  394  nationally recognized industry certification in information
  395  technology that is identified on the CAPE Industry Certification
  396  Funding List pursuant to s. 1008.44 or passage of the
  397  information technology certification examination without
  398  enrollment in or completion of the corresponding course or
  399  courses, as applicable.
  400         2. Passage of an online content assessment, without
  401  enrollment in or completion of the corresponding course or
  402  courses, as applicable, by which the student demonstrates skills
  403  and competency in locating information and applying technology
  404  for instructional purposes.
  405  
  406  For purposes of this subsection, a school district may not
  407  require a student to take the online course outside the school
  408  day or in addition to a student’s courses for a given semester.
  409  This subsection requirement does not apply to a student who has
  410  an individual education plan under s. 1003.57 which indicates
  411  that an online course would be inappropriate or to an out-of
  412  state transfer student who is enrolled in a Florida high school
  413  and has 1 academic year or less remaining in high school.
  414         Section 9. Effective July 1, 2016, and upon the expiration
  415  of the amendment to section 1011.62, Florida Statutes, made by
  416  chapter 2015-222, Laws of Florida, paragraph (a) of subsection
  417  (4) of that section is amended, present subsections (13), (14),
  418  and (15) of that section are redesignated as subsections (14),
  419  (15), and (16), respectively, a new subsection (13) is added to
  420  that section, and present subsection (14) of that section is
  421  amended, to read:
  422         1011.62 Funds for operation of schools.—If the annual
  423  allocation from the Florida Education Finance Program to each
  424  district for operation of schools is not determined in the
  425  annual appropriations act or the substantive bill implementing
  426  the annual appropriations act, it shall be determined as
  427  follows:
  428         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  429  Legislature shall prescribe the aggregate required local effort
  430  for all school districts collectively as an item in the General
  431  Appropriations Act for each fiscal year. The amount that each
  432  district shall provide annually toward the cost of the Florida
  433  Education Finance Program for kindergarten through grade 12
  434  programs shall be calculated as follows:
  435         (a) Estimated taxable value calculations.—
  436         1.a. Not later than 2 working days before prior to July 19,
  437  the Department of Revenue shall certify to the Commissioner of
  438  Education its most recent estimate of the taxable value for
  439  school purposes in each school district and the total for all
  440  school districts in the state for the current calendar year
  441  based on the latest available data obtained from the local
  442  property appraisers. The value certified shall be the taxable
  443  value for school purposes for that year, and no further
  444  adjustments shall be made, except those made pursuant to
  445  paragraphs (c) and (d), or an assessment roll change required by
  446  final judicial decisions as specified in paragraph (15)(b)
  447  (14)(b). Not later than July 19, the Commissioner of Education
  448  shall compute a millage rate, rounded to the next highest one
  449  one-thousandth of a mill, which, when applied to 96 percent of
  450  the estimated state total taxable value for school purposes,
  451  would generate the prescribed aggregate required local effort
  452  for that year for all districts. The Commissioner of Education
  453  shall certify to each district school board the millage rate,
  454  computed as prescribed in this subparagraph, as the minimum
  455  millage rate necessary to provide the district required local
  456  effort for that year.
  457         b. The General Appropriations Act shall direct the
  458  computation of the statewide adjusted aggregate amount for
  459  required local effort for all school districts collectively from
  460  ad valorem taxes to ensure that no school district’s revenue
  461  from required local effort millage will produce more than 90
  462  percent of the district’s total Florida Education Finance
  463  Program calculation as calculated and adopted by the
  464  Legislature, and the adjustment of the required local effort
  465  millage rate of each district that produces more than 90 percent
  466  of its total Florida Education Finance Program entitlement to a
  467  level that will produce only 90 percent of its total Florida
  468  Education Finance Program entitlement in the July calculation.
  469         2. On the same date as the certification in sub
  470  subparagraph 1.a., the Department of Revenue shall certify to
  471  the Commissioner of Education for each district:
  472         a. Each year for which the property appraiser has certified
  473  the taxable value pursuant to s. 193.122(2) or (3), if
  474  applicable, since the prior certification under sub-subparagraph
  475  1.a.
  476         b. For each year identified in sub-subparagraph a., the
  477  taxable value certified by the appraiser pursuant to s.
  478  193.122(2) or (3), if applicable, since the prior certification
  479  under sub-subparagraph 1.a. This is the certification that
  480  reflects all final administrative actions of the value
  481  adjustment board.
  482         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  483  connected student supplement is created to provide supplemental
  484  funding for school districts to support the education of
  485  students connected with federally owned military installations,
  486  National Aeronautics and Space Administration (NASA) real
  487  property, and Indian lands. To be eligible for this supplement,
  488  the district must be eligible for federal Impact Aid Program
  489  funds under s. 8003 of Title VIII of the Elementary and
  490  Secondary Education Act of 1965. The supplement shall be
  491  allocated annually to each eligible school district in the
  492  amount provided in the General Appropriations Act. The
  493  supplement shall be the sum of the student allocation and an
  494  exempt property allocation.
  495         (a)The student allocation shall be calculated based on the
  496  number of students reported for federal Impact Aid Program
  497  funds, including students with disabilities, who meet one of the
  498  following criteria:
  499         1.The student has a parent who is on active duty in the
  500  uniformed services or is an accredited foreign government
  501  official and military officer. Students with disabilities shall
  502  also be reported separately for this category.
  503         2.The student resides on eligible federally owned Indian
  504  land. Students with disabilities shall also be reported
  505  separately for this category.
  506         3.The student resides with a civilian parent who lives or
  507  works on eligible federal property connected with a military
  508  installation or NASA. The number of these students shall be
  509  multiplied by a factor of 0.5.
  510         (b)The total number of federally connected students
  511  calculated under paragraph (a) shall be multiplied by a
  512  percentage of the base student allocation as provided in the
  513  General Appropriations Act. The total of the number of students
  514  with disabilities as reported separately under subparagraphs
  515  (a)1. and (a)2. shall be multiplied by an additional percentage
  516  of the base student allocation as provided in the General
  517  Appropriations Act. The base amount and the amount for students
  518  with disabilities shall be summed to provide the student
  519  allocation.
  520         (c)The exempt property allocation shall be equal to the
  521  tax-exempt value of federal impact aid lands reserved as
  522  military installations, real property owned by NASA, or eligible
  523  federally owned Indian lands located in the district, as of
  524  January 1 of the previous year, multiplied by the millage
  525  authorized and levied under s. 1011.71(2).
  526         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  527  annually in the General Appropriations Act determine a
  528  percentage increase in funds per K-12 unweighted FTE as a
  529  minimum guarantee to each school district. The guarantee shall
  530  be calculated from prior year base funding per unweighted FTE
  531  student which shall include the adjusted FTE dollars as provided
  532  in subsection (15) (14), quality guarantee funds, and actual
  533  nonvoted discretionary local effort from taxes. From the base
  534  funding per unweighted FTE, the increase shall be calculated for
  535  the current year. The current year funds from which the
  536  guarantee shall be determined shall include the adjusted FTE
  537  dollars as provided in subsection (15) (14) and potential
  538  nonvoted discretionary local effort from taxes. A comparison of
  539  current year funds per unweighted FTE to prior year funds per
  540  unweighted FTE shall be computed. For those school districts
  541  which have less than the legislatively assigned percentage
  542  increase, funds shall be provided to guarantee the assigned
  543  percentage increase in funds per unweighted FTE student. Should
  544  appropriated funds be less than the sum of this calculated
  545  amount for all districts, the commissioner shall prorate each
  546  district’s allocation. This provision shall be implemented to
  547  the extent specifically funded.
  548         Section 10. Section 1011.6202, Florida Statutes, is created
  549  to read:
  550         1011.6202Principal Autonomy Pilot Program Initiative.—The
  551  Principal Autonomy Pilot Program Initiative is created within
  552  the Department of Education. The purpose of the pilot program is
  553  to provide the highly effective principal of a participating
  554  school with increased autonomy and authority to operate his or
  555  her school in a way that produces significant improvements in
  556  student achievement and school management while complying with
  557  constitutional requirements. The State Board of Education may,
  558  upon approval of a principal autonomy proposal, enter into a
  559  performance contract with up to seven district school boards for
  560  participation in the pilot program.
  561         (1)PARTICIPATING SCHOOL DISTRICTS.—The district school
  562  boards in Broward, Duval, Escambia, Jefferson, Madison, Palm
  563  Beach, Pinellas, and Seminole Counties may submit to the state
  564  board for approval a principal autonomy proposal that exchanges
  565  statutory and rule exemptions for an agreement to meet
  566  performance goals established in the proposal. If approved by
  567  the state board, each of these school districts shall be
  568  eligible to participate in the pilot program for 3 years. At the
  569  end of the 3 years, the performance of all participating schools
  570  in the school district shall be evaluated.
  571         (2)PRINCIPAL AUTONOMY PROPOSAL.—
  572         (a)To participate in the pilot program, a school district
  573  must:
  574         1.Identify three schools that received at least two school
  575  grades of “D” or “F” pursuant to s. 1008.34 during the previous
  576  3 school years.
  577         2.Identify three principals who have earned a highly
  578  effective rating on the prior year’s performance evaluation
  579  pursuant to s. 1012.34, one of whom shall be assigned to each of
  580  the participating schools.
  581         3.Describe the current financial and administrative
  582  management of each participating school; identify the areas in
  583  which each school principal will have increased fiscal and
  584  administrative autonomy, including the authority and
  585  responsibilities provided in s. 1012.28(8); and identify the
  586  areas in which each participating school will continue to follow
  587  district school board fiscal and administrative policies.
  588         4.Explain the methods used to identify the educational
  589  strengths and needs of the participating school’s students and
  590  identify how student achievement can be improved.
  591         5.Establish performance goals for student achievement, as
  592  defined in s. 1008.34(1), and explain how the increased autonomy
  593  of principals will help participating schools improve student
  594  achievement and school management.
  595         6.Provide each participating school’s mission and a
  596  description of its student population.
  597         (b)The state board shall establish criteria, which must
  598  include the criteria listed in paragraph (a), for the approval
  599  of a principal autonomy proposal.
  600         (c)A district school board must submit its principal
  601  autonomy proposal to the state board for approval by December 1
  602  in order to begin participation in the subsequent school year.
  603  By February 28 of the school year in which the proposal is
  604  submitted, the state board shall notify the district school
  605  board in writing whether the proposal is approved.
  606         (3)EXEMPTION FROM LAWS.—
  607         (a)With the exception of those laws listed in paragraph
  608  (b), a participating school is exempt from the provisions of
  609  chapters 1000-1013 and rules of the state board that implement
  610  those exempt provisions.
  611         (b)A participating school shall comply with the provisions
  612  of chapters 1000-1013, and rules of the state board that
  613  implement those provisions, pertaining to the following:
  614         1.Those laws relating to the election and compensation of
  615  district school board members, the election or appointment and
  616  compensation of district school superintendents, public meetings
  617  and public records requirements, financial disclosure, and
  618  conflicts of interest.
  619         2.Those laws relating to the student assessment program
  620  and school grading system, including chapter 1008.
  621         3.Those laws relating to the provision of services to
  622  students with disabilities.
  623         4.Those laws relating to civil rights, including s.
  624  1000.05, relating to discrimination.
  625         5.Those laws relating to student health, safety, and
  626  welfare.
  627         6.Section 1001.42(4)(f), relating to the uniform opening
  628  date for public schools.
  629         7.Section 1003.03, governing maximum class size, except
  630  that the calculation for compliance pursuant to s. 1003.03 is
  631  the average at the school level for a participating school.
  632         8.Sections 1012.22(1)(c) and 1012.27(2), relating to
  633  compensation and salary schedules.
  634         9.Section 1012.33(5), relating to workforce reductions for
  635  annual contracts for instructional personnel. This subparagraph
  636  does not apply to at-will employees.
  637         10.Section 1012.335, relating to annual contracts for
  638  instructional personnel hired on or after July 1, 2011. This
  639  subparagraph does not apply to at-will employees.
  640         11.Section 1012.34, relating to personnel evaluation
  641  procedures and criteria.
  642         12.Those laws pertaining to educational facilities,
  643  including chapter 1013, except that s. 1013.20, relating to
  644  covered walkways for relocatables, and s. 1013.21, relating to
  645  the use of relocatable facilities exceeding 20 years of age, are
  646  eligible for exemption.
  647         13.Those laws pertaining to participating school
  648  districts, including this section and ss. 1011.69(2) and
  649  1012.28(8).
  650         (4) PROFESSIONAL DEVELOPMENT.—Each participating school
  651  district shall require that the principal of each participating
  652  school, a three-member leadership team from each participating
  653  school, and district personnel working with each participating
  654  school complete a nationally recognized school turnaround
  655  program which focuses on improving leadership, instructional
  656  infrastructure, talent management, and differentiated support
  657  and accountability. The required personnel must enroll in the
  658  school turnaround program upon acceptance into the pilot
  659  program.
  660         (5)TERM OF PARTICIPATION.—The state board shall authorize
  661  a school district to participate in the pilot program for a
  662  period of 3 years commencing with approval of the principal
  663  autonomy proposal. Authorization to participate in the pilot
  664  program may be renewed upon action of the state board. The state
  665  board may revoke authorization to participate in the pilot
  666  program if the school district fails to meet the requirements of
  667  this section during the 3-year period.
  668         (6)REPORTING.—Each participating school district shall
  669  submit an annual report to the state board. The state board
  670  shall annually report on the implementation of the Principal
  671  Autonomy Pilot Program Initiative. Upon completion of the pilot
  672  program’s first 3-year term, the Commissioner of Education shall
  673  submit to the President of the Senate and the Speaker of the
  674  House of Representatives by December 1 a full evaluation of the
  675  effectiveness of the pilot program.
  676         (7) FUNDING.—The Legislature may appropriate funding to the
  677  department in the General Appropriations Act for the costs of
  678  the pilot program, including administrative costs and enrollment
  679  costs for the school turnaround program, and an additional
  680  scholarship to each participating principal to be used at his or
  681  her school.
  682         (8) RULEMAKING.—The State Board of Education shall adopt
  683  rules to administer this section.
  684         Section 11. Subsection (2) of section 1011.69, Florida
  685  Statutes, is amended to read:
  686         1011.69 Equity in School-Level Funding Act.—
  687         (2) Beginning in the 2003-2004 fiscal year, district school
  688  boards shall allocate to schools within the district an average
  689  of 90 percent of the funds generated by all schools and
  690  guarantee that each school receives at least 80 percent, except
  691  schools participating in the Principal Autonomy Pilot Program
  692  Initiative under s. 1011.6202 are guaranteed to receive at least
  693  90 percent, of the funds generated by that school based upon the
  694  Florida Education Finance Program as provided in s. 1011.62 and
  695  the General Appropriations Act, including gross state and local
  696  funds, discretionary lottery funds, and funds from the school
  697  district’s current operating discretionary millage levy. Total
  698  funding for each school shall be recalculated during the year to
  699  reflect the revised calculations under the Florida Education
  700  Finance Program by the state and the actual weighted full-time
  701  equivalent students reported by the school during the full-time
  702  equivalent student survey periods designated by the Commissioner
  703  of Education. If the district school board is providing programs
  704  or services to students funded by federal funds, any eligible
  705  students enrolled in the schools in the district shall be
  706  provided federal funds.
  707         Section 12. Subsection (8) is added to section 1012.28,
  708  Florida Statutes, to read:
  709         1012.28 Public school personnel; duties of school
  710  principals.—
  711         (8)The principal of a school participating in the
  712  Principal Autonomy Pilot Program Initiative under s. 1011.6202
  713  has the following additional authority and responsibilities:
  714         (a)In addition to the authority provided in subsection
  715  (6), the authority to select qualified instructional personnel
  716  for placement or to refuse to accept the placement or transfer
  717  of instructional personnel by the district school
  718  superintendent. Placement of instructional personnel at a
  719  participating school in a participating school district does not
  720  affect the employee’s status as a school district employee.
  721         (b)The authority to deploy financial resources to school
  722  programs at the principal’s discretion to help improve student
  723  achievement, as defined in s. 1008.34(1), and meet performance
  724  goals identified in the principal autonomy proposal submitted
  725  pursuant to s. 1011.6202.
  726         (c)To annually provide to the district school
  727  superintendent and the district school board a budget for the
  728  operation of the participating school that identifies how funds
  729  provided pursuant to s. 1011.69(2) are allocated. The school
  730  district shall include the budget in the annual report provided
  731  to the State Board of Education pursuant to s. 1011.6202(6).
  732         Section 13. Subsection (3) of section 1012.39, Florida
  733  Statutes, is amended to read:
  734         1012.39 Employment of substitute teachers, teachers of
  735  adult education, nondegreed teachers of career education, and
  736  career specialists; students performing clinical field
  737  experience.—
  738         (3) A student who is enrolled in a state-approved teacher
  739  preparation program in a postsecondary educational institution
  740  that is approved by rules of the State Board of Education and
  741  who is jointly assigned by the postsecondary educational
  742  institution and a district school board to perform a clinical
  743  field experience under the direction of a regularly employed and
  744  certified educator shall, while serving such supervised clinical
  745  field experience, be accorded the same protection of law as that
  746  accorded to the certified educator except for the right to
  747  bargain collectively as an employee of the district school
  748  board. The district school board providing the clinical field
  749  experience shall notify the student electronically or in writing
  750  of the availability of educator liability insurance under s.
  751  1012.75. A postsecondary educational institution or district
  752  school board may not require a student enrolled in a state
  753  approved teacher preparation program to purchase liability
  754  insurance as a condition of participation in any clinical field
  755  experience or related activity on the premises of an elementary
  756  or a secondary school.
  757         Section 14. Section 1012.731, Florida Statutes, is created
  758  to read:
  759         1012.731 The Florida Best and Brightest Teacher Scholarship
  760  Program.—
  761         (1)The Legislature recognizes that, second only to
  762  parents, teachers play the most critical role within schools in
  763  preparing students to achieve a high level of academic
  764  performance. The Legislature further recognizes that research
  765  has linked student outcomes to a teacher’s own academic
  766  achievement. Therefore, it is the intent of the Legislature to
  767  designate teachers who have achieved high academic standards
  768  during their own education as Florida’s best and brightest
  769  teacher scholars.
  770         (2)There is created the Florida Best and Brightest Teacher
  771  Scholarship Program to be administered by the Department of
  772  Education. The scholarship program shall provide categorical
  773  funding for scholarships to be awarded to classroom teachers, as
  774  defined in s. 1012.01(2)(a), who have demonstrated a high level
  775  of academic achievement.
  776         (3)(a)To be eligible for a scholarship, a classroom
  777  teacher must have achieved a composite score at or above the
  778  80th percentile on either the SAT or the ACT based on the
  779  National Percentile Ranks in effect when the classroom teacher
  780  took the assessment and have been evaluated as highly effective
  781  pursuant to s. 1012.34 in the school year immediately preceding
  782  the year in which the scholarship will be awarded, unless the
  783  classroom teacher is newly hired by the district school board
  784  and has not been evaluated pursuant to s. 1012.34.
  785         (b)In order to demonstrate eligibility for an award, an
  786  eligible classroom teacher must submit to the school district,
  787  no later than November 1, an official record of his or her SAT
  788  or ACT score demonstrating that the classroom teacher scored at
  789  or above the 80th percentile based on the National Percentile
  790  Ranks in effect when the teacher took the assessment. Once a
  791  classroom teacher is deemed eligible by the school district,
  792  including teachers deemed eligible in the 2015-2016 fiscal year,
  793  the teacher shall remain eligible as long as he or she remains
  794  employed by the school district as a classroom teacher at the
  795  time of the award and receives an annual performance evaluation
  796  rating of highly effective pursuant to s. 1012.34.
  797         (4)Annually, by December 1, each school district shall
  798  submit to the department the number of eligible classroom
  799  teachers who qualify for the scholarship.
  800         (5)Annually, by February 1, the department shall disburse
  801  scholarship funds to each school district for each eligible
  802  classroom teacher to receive a scholarship as provided in the
  803  General Appropriations Act. The amount disbursed shall include a
  804  scholarship award of $1,000, from the total amount of funds
  805  appropriated, for each eligible classroom teacher in a Title I
  806  school. Of the remaining funds, a scholarship in the amount
  807  provided in the General Appropriations Act shall be awarded to
  808  every eligible classroom teacher, including those in Title I
  809  schools. If the number of eligible classroom teachers exceeds
  810  the total appropriation authorized in the General Appropriations
  811  Act, the department shall prorate the per-teacher scholarship
  812  amount.
  813         (6)Annually, by April 1, each school district shall award
  814  the scholarship to each eligible classroom teacher.
  815         (7)For purposes of this section, the term “school
  816  district” includes the Florida School for the Deaf and the Blind
  817  and charter school governing boards.
  818         Section 15. Subsection (3) of section 1012.75, Florida
  819  Statutes, is amended to read:
  820         1012.75 Liability of teacher or principal; excessive
  821  force.—
  822         (3) The Department of Education shall administer an
  823  educator liability insurance program, as provided in the General
  824  Appropriations Act, to protect full-time instructional personnel
  825  from liability for monetary damages and the costs of defending
  826  actions resulting from claims made against the instructional
  827  personnel arising out of occurrences in the course of activities
  828  within the instructional personnel’s professional capacity. For
  829  purposes of this subsection, the terms “full-time,” “part-time,”
  830  and “administrative personnel” shall be defined by the
  831  individual district school board. For purposes of this
  832  subsection, the term “instructional personnel” has the same
  833  meaning as provided in s. 1012.01(2).
  834         (a) Liability coverage of at least $2 million shall be
  835  provided to all full-time instructional personnel. Liability
  836  coverage may be provided to the following individuals who choose
  837  to participate in the program, at cost: part-time instructional
  838  personnel, administrative personnel, and students enrolled in a
  839  state-approved teacher preparation program pursuant to s.
  840  1012.39(3).
  841         (b) By August 1 of each year, the department shall notify
  842  the personnel specified in paragraph (a) of the pending
  843  procurement for liability coverage. By September 1 of each year,
  844  each district school board shall notify the personnel specified
  845  in paragraph (a) of the liability coverage provided pursuant to
  846  this subsection. The department shall develop the form of the
  847  notice which shall be used by each district school board. The
  848  notice must be on an 8 1/2-inch by 5 1/2-inch postcard and
  849  include the amount of coverage, a general description of the
  850  nature of the coverage, and the contact information for coverage
  851  and claims questions. The notification shall be provided
  852  separately from any other correspondence. Each district school
  853  board shall certify to the department, by September 15 of each
  854  year, that the notification required by this paragraph has been
  855  provided.
  856         (c) The department shall consult with the Department of
  857  Financial Services to select the most economically prudent and
  858  cost-effective means of implementing the program through self
  859  insurance, a risk management program, or competitive
  860  procurement.
  861         (d)This subsection expires July 1, 2016.
  862         Section 16. Section 1013.62, Florida Statutes, is amended
  863  to read:
  864         1013.62 Charter schools capital outlay funding.—
  865         (1) In each year in which funds are appropriated for
  866  charter school capital outlay purposes, the Commissioner of
  867  Education shall allocate the funds among eligible charter
  868  schools as specified in this section.
  869         (a) To be eligible for a funding allocation, a charter
  870  school must:
  871         1.a. Have been in operation for 3 or more years;
  872         b. Be governed by a governing board established in the
  873  state for 3 or more years which operates both charter schools
  874  and conversion charter schools within the state;
  875         c. Be an expanded feeder chain of a charter school within
  876  the same school district that is currently receiving charter
  877  school capital outlay funds;
  878         d. Have been accredited by the Commission on Schools of the
  879  Southern Association of Colleges and Schools; or
  880         e. Serve students in facilities that are provided by a
  881  business partner for a charter school-in-the-workplace pursuant
  882  to s. 1002.33(15)(b).
  883         2. Have financial stability for future operation as a
  884  charter school.
  885         3. Have satisfactory student achievement based on state
  886  accountability standards applicable to the charter school.
  887         4. Have received final approval from its sponsor pursuant
  888  to s. 1002.33 for operation during that fiscal year.
  889         5. Serve students in facilities that are not provided by
  890  the charter school’s sponsor.
  891         (b) The first priority for charter school capital outlay
  892  funding is to allocate to charter schools that received funding
  893  in the 2005-2006 fiscal year an allocation of the same amount
  894  per capital outlay full-time equivalent student, up to the
  895  lesser of the actual number of capital outlay full-time
  896  equivalent students in the current year, or the capital outlay
  897  full-time equivalent students in the 2005-2006 fiscal year.
  898  After calculating the first priority, the second priority is to
  899  allocate excess funds remaining in the appropriation in an
  900  amount equal to the per capital outlay full-time equivalent
  901  student amount in the first priority calculation to eligible
  902  charter schools not included in the first priority calculation
  903  and to schools in the first priority calculation with growth
  904  greater than the 2005-2006 capital outlay full-time equivalent
  905  students. After calculating the first and second priorities,
  906  excess funds remaining in the appropriation must be allocated to
  907  all eligible charter schools.
  908         (c) A charter school’s allocation may not exceed one
  909  fifteenth of the cost per student station specified in s.
  910  1013.64(6)(b). Before releasing capital outlay funds to a school
  911  district on behalf of the charter school, the Department of
  912  Education must ensure that the district school board and the
  913  charter school governing board enter into a written agreement
  914  that provides for the reversion of any unencumbered funds and
  915  all equipment and property purchased with public education funds
  916  to the ownership of the district school board, as provided for
  917  in subsection (3) if the school terminates operations. Any funds
  918  recovered by the state shall be deposited in the General Revenue
  919  Fund.
  920         (b)(d) A charter school is not eligible for a funding
  921  allocation if it was created by the conversion of a public
  922  school and operates in facilities provided by the charter
  923  school’s sponsor for a nominal fee, or at no charge, or if it is
  924  directly or indirectly operated by the school district.
  925         (c) It is the intent of the Legislature that the public
  926  interest be protected by prohibiting personal financial
  927  enrichment by owners, operators, managers, and other affiliated
  928  parties of charter schools. A charter school is not eligible for
  929  a funding allocation unless the chair of the governing board and
  930  the chief administrative officer of the charter school annually
  931  certify under oath that the funds will be used solely and
  932  exclusively for constructing, renovating, or improving charter
  933  school facilities that are:
  934         1. Owned by a school district, political subdivision of the
  935  state, municipality, Florida College System institution, or
  936  state university;
  937         2. Owned by an organization, qualified as an exempt
  938  organization under s. 501(c)(3) of the Internal Revenue Code,
  939  whose articles of incorporation specify that upon the
  940  organization’s dissolution, the subject property will be
  941  transferred to a school district, political subdivision of the
  942  state, municipality, Florida College System institution, or
  943  state university; or
  944         3. Owned by and leased from a person who or an entity that
  945  is not an affiliated party of the charter school. For purposes
  946  of this paragraph, the term “affiliated party of the charter
  947  school” means the applicant for the charter school pursuant to
  948  s. 1002.33; the governing board of the charter school or a
  949  member of the governing board; the charter school owner; the
  950  charter school principal; an employee of the charter school; an
  951  independent contractor of the charter school or the governing
  952  board of the charter school; a relative, as defined in s.
  953  1002.33(24)(a)2., of a charter school governing board member, a
  954  charter school owner, a charter school principal, a charter
  955  school employee, or an independent contractor of a charter
  956  school or charter school governing board; a subsidiary
  957  corporation, a service corporation, an affiliated corporation, a
  958  parent corporation, a limited liability company, a limited
  959  partnership, a trust, a partnership, or a related party that
  960  individually or through one or more entities that share common
  961  ownership or control that directly or indirectly manages,
  962  administers, controls, or oversees the operation of the charter
  963  school; or any person or entity, individually or through one or
  964  more entities that share common ownership, that directly or
  965  indirectly manages, administers, controls, or oversees the
  966  operation of any of the foregoing.
  967         (d) The funding allocation for eligible charter schools
  968  shall be calculated as follows:
  969         1. Eligible charter schools shall be grouped into
  970  categories based on their student populations according to the
  971  following criteria:
  972         a. Seventy-five percent or greater who are eligible for
  973  free or reduced-price school lunch.
  974         b. Twenty-five percent or greater with disabilities as
  975  defined in state board rule and consistent with the requirements
  976  of the Individuals with Disabilities Education Act.
  977         2. If an eligible charter school does not meet the criteria
  978  for either category under subparagraph 1., its FTE shall be
  979  provided as the base amount of funding and shall be assigned a
  980  weight of 1.0. An eligible charter school that meets the
  981  criteria under sub-subparagraph 1.a. or sub-subparagraph 1.b.
  982  shall be provided an additional 25 percent above the base
  983  funding amount, and the total FTE shall be multiplied by a
  984  weight of 1.25. An eligible charter school that meets the
  985  criteria under both sub-subparagraphs 1.a. and 1.b. shall be
  986  provided an additional 50 percent above the base funding amount,
  987  and the FTE for that school shall be multiplied by a weight of
  988  1.5.
  989         3. The state appropriation for charter school capital
  990  outlay shall be divided by the total weighted FTE for all
  991  eligible charter schools to determine the base charter school
  992  per weighted FTE allocation amount. The per weighted FTE
  993  allocation amount shall be multiplied by the weighted FTE to
  994  determine each charter school’s capital outlay allocation.
  995         (e) Unless otherwise provided in the General Appropriations
  996  Act, the funding allocation for each eligible charter school is
  997  determined by multiplying the school’s projected student
  998  enrollment by one-fifteenth of the cost-per-student station
  999  specified in s. 1013.64(6)(b) for an elementary, middle, or high
 1000  school, as appropriate. If the funds appropriated are not
 1001  sufficient, the commissioner shall prorate the available funds
 1002  among eligible charter schools. However, a charter school or
 1003  charter lab school may not receive state charter school capital
 1004  outlay funds greater than the one-fifteenth cost per student
 1005  station formula if the charter school’s combination of state
 1006  charter school capital outlay funds, capital outlay funds
 1007  calculated through the reduction in the administrative fee
 1008  provided in s. 1002.33(20), and capital outlay funds allowed in
 1009  s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
 1010  student station formula.
 1011         (2)(a)(f)The department shall calculate the eligible
 1012  charter school funding allocations. Funds shall be allocated
 1013  using distributed on the basis of the capital outlay full-time
 1014  equivalent membership from by grade level, which is calculated
 1015  by averaging the results of the second and third enrollment
 1016  surveys and free and reduced-price school lunch data. The
 1017  department shall recalculate the allocations periodically based
 1018  on the receipt of revised information, on a schedule established
 1019  by the Commissioner of Education.
 1020         (b) The department of Education shall distribute capital
 1021  outlay funds monthly, beginning in the first quarter of the
 1022  fiscal year, based on one-twelfth of the amount the department
 1023  reasonably expects the charter school to receive during that
 1024  fiscal year. The commissioner shall adjust subsequent
 1025  distributions as necessary to reflect each charter school’s
 1026  recalculated allocation actual student enrollment as reflected
 1027  in the second and third enrollment surveys. The commissioner
 1028  shall establish the intervals and procedures for determining the
 1029  projected and actual student enrollment of eligible charter
 1030  schools.
 1031         (3)(2) A charter school’s governing body may use charter
 1032  school capital outlay funds for the following purposes:
 1033         (a) Purchase of real property.
 1034         (b) Construction of school facilities.
 1035         (c) Purchase, lease-purchase, or lease of permanent or
 1036  relocatable school facilities.
 1037         (d) Purchase of vehicles to transport students to and from
 1038  the charter school.
 1039         (e) Renovation, repair, and maintenance of school
 1040  facilities that the charter school owns or is purchasing through
 1041  a lease-purchase or long-term lease of 5 years or longer.
 1042         (f) Effective July 1, 2008, purchase, lease-purchase, or
 1043  lease of new and replacement equipment, and enterprise resource
 1044  software applications that are classified as capital assets in
 1045  accordance with definitions of the Governmental Accounting
 1046  Standards Board, have a useful life of at least 5 years, and are
 1047  used to support schoolwide administration or state-mandated
 1048  reporting requirements.
 1049         (g) Payment of the cost of premiums for property and
 1050  casualty insurance necessary to insure the school facilities.
 1051         (h) Purchase, lease-purchase, or lease of driver’s
 1052  education vehicles; motor vehicles used for the maintenance or
 1053  operation of plants and equipment; security vehicles; or
 1054  vehicles used in storing or distributing materials and
 1055  equipment.
 1056  
 1057  Conversion charter schools may use capital outlay funds received
 1058  through the reduction in the administrative fee provided in s.
 1059  1002.33(20) for renovation, repair, and maintenance of school
 1060  facilities that are owned by the sponsor.
 1061         (4)(3)If When a charter school is nonrenewed or
 1062  terminated, any unencumbered funds and all equipment and
 1063  property purchased with district public funds shall revert to
 1064  the ownership of the district school board, as provided for in
 1065  s. 1002.33(8)(e) and (f). In the case of a charter lab school,
 1066  any unencumbered funds and all equipment and property purchased
 1067  with university public funds shall revert to the ownership of
 1068  the state university that issued the charter. The reversion of
 1069  such equipment, property, and furnishings shall focus on
 1070  recoverable assets, but not on intangible or irrecoverable costs
 1071  such as rental or leasing fees, normal maintenance, and limited
 1072  renovations. The reversion of all property secured with public
 1073  funds is subject to the complete satisfaction of all lawful
 1074  liens or encumbrances. If there are additional local issues such
 1075  as the shared use of facilities or partial ownership of
 1076  facilities or property, these issues shall be agreed to in the
 1077  charter contract prior to the expenditure of funds.
 1078         (5)(4) The Commissioner of Education shall specify
 1079  procedures for submitting and approving requests for funding
 1080  under this section and procedures for documenting expenditures.
 1081         (6)(5) The annual legislative budget request of the
 1082  Department of Education shall include a request for capital
 1083  outlay funding for charter schools. The request shall be based
 1084  on the projected number of students to be served in charter
 1085  schools who meet the eligibility requirements of this section. A
 1086  dedicated funding source, if identified in writing by the
 1087  Commissioner of Education and submitted along with the annual
 1088  charter school legislative budget request, may be considered an
 1089  additional source of funding.
 1090         (6) Unless authorized otherwise by the Legislature,
 1091  allocation and proration of charter school capital outlay funds
 1092  shall be made to eligible charter schools by the Commissioner of
 1093  Education in an amount and in a manner authorized by subsection
 1094  (1).
 1095         Section 17. Paragraphs (a) and (b) of subsection (2) and
 1096  paragraphs (b) through (e) of subsection (6) of section 1013.64,
 1097  Florida Statutes, are amended to read:
 1098         1013.64 Funds for comprehensive educational plant needs;
 1099  construction cost maximums for school district capital
 1100  projects.—Allocations from the Public Education Capital Outlay
 1101  and Debt Service Trust Fund to the various boards for capital
 1102  outlay projects shall be determined as follows:
 1103         (2)(a) The department shall establish, as a part of the
 1104  Public Education Capital Outlay and Debt Service Trust Fund, a
 1105  separate account, in an amount determined by the Legislature, to
 1106  be known as the “Special Facility Construction Account.” The
 1107  Special Facility Construction Account shall be used to provide
 1108  necessary construction funds to school districts which have
 1109  urgent construction needs but which lack sufficient resources at
 1110  present, and cannot reasonably anticipate sufficient resources
 1111  within the period of the next 3 years, for these purposes from
 1112  currently authorized sources of capital outlay revenue. A school
 1113  district requesting funding from the Special Facility
 1114  Construction Account shall submit one specific construction
 1115  project, not to exceed one complete educational plant, to the
 1116  Special Facility Construction Committee. A No district may not
 1117  shall receive funding for more than one approved project in any
 1118  3-year period or while any portion of the district’s
 1119  participation requirement is outstanding. The first year of the
 1120  3-year period shall be the first year a district receives an
 1121  appropriation. The department shall encourage a construction
 1122  program that reduces the average size of schools in the
 1123  district. The request must meet the following criteria to be
 1124  considered by the committee:
 1125         1. The project must be deemed a critical need and must be
 1126  recommended for funding by the Special Facility Construction
 1127  Committee. Before Prior to developing construction plans for the
 1128  proposed facility, the district school board must request a
 1129  preapplication review by the Special Facility Construction
 1130  Committee or a project review subcommittee convened by the chair
 1131  of the committee to include two representatives of the
 1132  department and two staff members from school districts not
 1133  eligible to participate in the program. A school district may
 1134  request a preapplication review at any time; however, if the
 1135  district school board seeks inclusion in the department’s next
 1136  annual capital outlay legislative budget request, the
 1137  preapplication review request must be made before February 1.
 1138  Within 90 60 days after receiving the preapplication review
 1139  request, the committee or subcommittee must meet in the school
 1140  district to review the project proposal and existing facilities.
 1141  To determine whether the proposed project is a critical need,
 1142  the committee or subcommittee shall consider, at a minimum, the
 1143  capacity of all existing facilities within the district as
 1144  determined by the Florida Inventory of School Houses; the
 1145  district’s pattern of student growth; the district’s existing
 1146  and projected capital outlay full-time equivalent student
 1147  enrollment as determined by the demographic, revenue, and
 1148  education estimating conferences established in s. 216.136
 1149  department; the district’s existing satisfactory student
 1150  stations; the use of all existing district property and
 1151  facilities; grade level configurations; and any other
 1152  information that may affect the need for the proposed project.
 1153         2. The construction project must be recommended in the most
 1154  recent survey or survey amendment cooperatively prepared surveys
 1155  by the district and the department, and approved by the
 1156  department under the rules of the State Board of Education. If a
 1157  district employs a consultant in the preparation of a survey or
 1158  survey amendment, the consultant may not be employed by or
 1159  receive compensation from a third party that designs or
 1160  constructs a project recommended by the survey.
 1161         3. The construction project must appear on the district’s
 1162  approved project priority list under the rules of the State
 1163  Board of Education.
 1164         4. The district must have selected and had approved a site
 1165  for the construction project in compliance with s. 1013.36 and
 1166  the rules of the State Board of Education.
 1167         5. The district shall have developed a district school
 1168  board adopted list of facilities that do not exceed the norm for
 1169  net square feet occupancy requirements under the State
 1170  Requirements for Educational Facilities, using all possible
 1171  programmatic combinations for multiple use of space to obtain
 1172  maximum daily use of all spaces within the facility under
 1173  consideration.
 1174         6. Upon construction, the total cost per student station,
 1175  including change orders, must not exceed the cost per student
 1176  station as provided in subsection (6) except for cost overruns
 1177  created by a disaster as defined in s. 252.34 or an
 1178  unforeseeable circumstance beyond the district’s control as
 1179  determined by the Special Facility Construction Committee.
 1180         7. There shall be an agreement signed by the district
 1181  school board stating that it will advertise for bids within 30
 1182  days of receipt of its encumbrance authorization from the
 1183  department.
 1184         8. For construction projects for which Special Facilities
 1185  Construction Account funding is sought before the 2019-2020
 1186  fiscal year, the district shall, at the time of the request and
 1187  for a continuing period necessary to meet the district’s
 1188  participation requirement of 3 years, levy the maximum millage
 1189  against its their nonexempt assessed property value as allowed
 1190  in s. 1011.71(2) or shall raise an equivalent amount of revenue
 1191  from the school capital outlay surtax authorized under s.
 1192  212.055(6). Beginning with construction projects for which
 1193  Special Facilities Construction Account funding is sought in the
 1194  2019-2020 fiscal year, the district shall, for a minimum of 3
 1195  years before submitting the request and for a continuing period
 1196  necessary to meet its participation requirement, levy the
 1197  maximum millage against the district’s nonexempt assessed
 1198  property value as authorized under s. 1011.71(2) or shall raise
 1199  an equivalent amount of revenue from the school capital outlay
 1200  surtax authorized under s. 212.055(6). Any district with a new
 1201  or active project, funded under the provisions of this
 1202  subsection, shall be required to budget no more than the value
 1203  of 1 mill 1.5 mills per year to the project until the district’s
 1204  to satisfy the annual participation requirement relating to the
 1205  local discretionary capital improvement millage or the
 1206  equivalent amount of revenue from the school capital outlay
 1207  surtax is satisfied in the Special Facility Construction
 1208  Account.
 1209         9. If a contract has not been signed 90 days after the
 1210  advertising of bids, the funding for the specific project shall
 1211  revert to the Special Facility New Construction Account to be
 1212  reallocated to other projects on the list. However, an
 1213  additional 90 days may be granted by the commissioner.
 1214         10. The department shall certify the inability of the
 1215  district to fund the survey-recommended project over a
 1216  continuous 3-year period using projected capital outlay revenue
 1217  derived from s. 9(d), Art. XII of the State Constitution, as
 1218  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
 1219         11. The district shall have on file with the department an
 1220  adopted resolution acknowledging its 3-year commitment to
 1221  satisfy its participation requirement, which is equivalent to of
 1222  all unencumbered and future revenue acquired from s. 9(d), Art.
 1223  XII of the State Constitution, as amended, paragraph (3)(a) of
 1224  this section, and s. 1011.71(2), in the year of the initial
 1225  appropriation and for the 2 years immediately following the
 1226  initial appropriation.
 1227         12. Final phase III plans must be certified by the district
 1228  school board as complete and in compliance with the building and
 1229  life safety codes before June 1 of the year the application is
 1230  made prior to August 1.
 1231         (b) The Special Facility Construction Committee shall be
 1232  composed of the following: two representatives of the Department
 1233  of Education, a representative from the Governor’s office, a
 1234  representative selected annually by the district school boards,
 1235  and a representative selected annually by the superintendents. A
 1236  representative of the department shall chair the committee.
 1237         (6)
 1238         (b)1. A district school board may must not use funds from
 1239  the following sources: Public Education Capital Outlay and Debt
 1240  Service Trust Fund; School District and Community College
 1241  District Capital Outlay and Debt Service Trust Fund; Classrooms
 1242  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
 1243  levy of ad valorem property taxes provided in s. 1011.71(2);
 1244  Classrooms for Kids Program funds provided in s. 1013.735;
 1245  District Effort Recognition Program funds provided in s.
 1246  1013.736; or High Growth District Capital Outlay Assistance
 1247  Grant Program funds provided in s. 1013.738 for any new
 1248  construction of educational plant space with a total cost per
 1249  student station, including change orders, that equals more than:
 1250         a. $17,952 for an elementary school,
 1251         b. $19,386 for a middle school, or
 1252         c. $25,181 for a high school,
 1253  
 1254  (January 2006) as adjusted annually to reflect increases or
 1255  decreases in the Consumer Price Index.
 1256         2. School districts shall maintain accurate documentation
 1257  related to the costs of all new construction of educational
 1258  plant space reported to the Department of Education pursuant to
 1259  paragraph (d). The Auditor General shall review the
 1260  documentation maintained by the school districts and verify
 1261  compliance with the limits under this paragraph during its
 1262  scheduled operational audits of the school district. The Auditor
 1263  General shall make the final determination on district
 1264  compliance.
 1265         3. The Office of Program Policy Analysis and Government
 1266  Accountability (OPPAGA), in consultation with the department,
 1267  shall:
 1268         a. Conduct a study of the cost per student station amounts
 1269  using the most recent available information on construction
 1270  costs. In this study, the costs per student station should
 1271  represent the costs of classroom construction and administrative
 1272  offices as well as the supplemental costs of core facilities,
 1273  including required media centers, gymnasiums, music rooms,
 1274  cafeterias and their associated kitchens and food service areas,
 1275  vocational areas, and other defined specialty areas, including
 1276  exceptional student education areas. The study must take into
 1277  account appropriate cost-effectiveness factors in school
 1278  construction and should include input from industry experts.
 1279  OPPAGA must provide the results of the study and recommendations
 1280  on the cost per student station to the Governor, the President
 1281  of the Senate, and the Speaker of the House of Representatives
 1282  no later than January 31, 2017.
 1283         b. Conduct a study of the State Requirements for Education
 1284  Facilities (SREF)to identify current requirements that can be
 1285  eliminated or modified in order to decrease the cost of
 1286  construction of educational facilities while ensuring student
 1287  safety. OPPAGA must provide the results of the study, and an
 1288  overall recommendation as to whether SREF should be retained, to
 1289  the Governor, the President of the Senate, and the Speaker of
 1290  the House of Representatives no later than January 31, 2017.
 1291         4. Effective July 1, 2017, in addition to the funding
 1292  sources listed in subparagraph 1., a district school board may
 1293  not use funds from any sources for new construction of
 1294  educational plant space with a total cost per student station,
 1295  including change orders, which equals more than the current
 1296  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
 1297  shall subsequently be adjusted annually to reflect increases or
 1298  decreases in the Consumer Price Index.
 1299         5.2. A district school board must not use funds from the
 1300  Public Education Capital Outlay and Debt Service Trust Fund or
 1301  the School District and Community College District Capital
 1302  Outlay and Debt Service Trust Fund for any new construction of
 1303  an ancillary plant that exceeds 70 percent of the average cost
 1304  per square foot of new construction for all schools.
 1305         (c) Except as otherwise provided, new construction
 1306  initiated by a district school board on or after July 1, 2017,
 1307  may after June 30, 1997, must not exceed the cost per student
 1308  station as provided in paragraph (b). A school district that
 1309  exceeds the cost per student station provided in paragraph (b),
 1310  as determined by the Auditor General, shall be subject to the
 1311  following sanctions:
 1312         1. The school district shall be ineligible for allocations
 1313  from the Public Education Capital Outlay and Debt Service Trust
 1314  Fund for the next 3 years in which the school district would
 1315  have received allocations had the violation not occurred.
 1316         2. The school district shall be subject to the supervision
 1317  of a district capital outlay oversight committee. The oversight
 1318  committee is authorized to approve all capital outlay
 1319  expenditures of the school district, including new construction,
 1320  renovations, and remodeling, for 3 fiscal years following the
 1321  violation.
 1322         a. Each oversight committee shall be composed of the
 1323  following:
 1324         (I) One appointee of the Commissioner of Education who has
 1325  significant financial management, school facilities
 1326  construction, or related experience.
 1327         (II) One appointee of the office of the state attorney with
 1328  jurisdiction over the district.
 1329         (III) One appointee of the Auditor General who is a
 1330  licensed certified public accountant.
 1331         b. An appointee to the oversight committee may not be
 1332  employed by the school district; be a relative, as defined in s.
 1333  1002.33(24)(a)2., of any school district employee; or be an
 1334  elected official. Each appointee must sign an affidavit
 1335  attesting to these conditions and affirming that no conflict of
 1336  interest exists in his or her oversight role.
 1337         (d) The department shall:
 1338         1. Compute for each calendar year the statewide average
 1339  construction costs for facilities serving each instructional
 1340  level, for relocatable educational facilities, for
 1341  administrative facilities, and for other ancillary and auxiliary
 1342  facilities. The department shall compute the statewide average
 1343  costs per student station for each instructional level.
 1344         2. Annually review the actual completed construction costs
 1345  of educational facilities in each school district. For any
 1346  school district in which the total actual cost per student
 1347  station, including change orders, exceeds the statewide limits
 1348  established in paragraph (b), the school district shall report
 1349  to the department the actual cost per student station and the
 1350  reason for the school district’s inability to adhere to the
 1351  limits established in paragraph (b). The department shall
 1352  collect all such reports and shall provide these reports to the
 1353  Auditor General for verification purposes report to the
 1354  Governor, the President of the Senate, and the Speaker of the
 1355  House of Representatives by December 31 of each year a summary
 1356  of each school district’s spending in excess of the cost per
 1357  student station provided in paragraph (b) as reported by the
 1358  school districts.
 1359  
 1360  Cost per student station includes contract costs, legal and
 1361  administrative costs, fees of architects and engineers,
 1362  furniture and equipment, and site improvement costs. Cost per
 1363  student station does not include the cost of purchasing or
 1364  leasing the site for the construction or the cost of related
 1365  offsite improvements.
 1366         (e) The restrictions of this subsection on the cost per
 1367  student station of new construction do not apply to a project
 1368  funded entirely from proceeds received by districts through
 1369  provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
 1370  State Constitution, if the school board approves the project by
 1371  majority vote.
 1372         Section 18. Subsection (7) is added to section 1013.74,
 1373  Florida Statutes, to read:
 1374         1013.74 University authorization for fixed capital outlay
 1375  projects.—
 1376         (7) A university board of trustees may expend reserve or
 1377  carry-forward balances from prior year operational and
 1378  programmatic appropriations for fixed capital outlay projects
 1379  approved by the Board of Governors which include significant
 1380  academic instructional space or critical deferred maintenance
 1381  needs in this area.
 1382         Section 19. Competency-based innovation pilot program.
 1383  Beginning with the 2016-2017 school year, a competency-based
 1384  innovation pilot program is established within the Department of
 1385  Education.
 1386         (1) For the purposes of this section, the term “competency
 1387  based education” means a system in which a student may advance
 1388  to higher levels of learning after demonstrating a mastery of
 1389  concepts and skills instead of after a specified timeframe.
 1390         (2) Public schools in Lake, Palm Beach, Pinellas, and
 1391  Seminole Counties; P.K. Yonge Developmental Research School; and
 1392  school districts or charter schools designated by the
 1393  Commissioner of Education may submit an application to the
 1394  department for approval of a competency-based innovation pilot
 1395  program. The application shall be submitted on a form provided
 1396  and by a date specified by the department and must include, but
 1397  need not be limited to, the following:
 1398         (a) A vision for the pilot program, including a timeline
 1399  for the program and the timeframe for districtwide
 1400  implementation of competency-based education.
 1401         (b) Annual goals and performance outcomes that
 1402  participating schools must meet, including, but not limited to:
 1403         1. Student performance, as defined in s. 1008.34, Florida
 1404  Statutes.
 1405         2. Promotion and retention rates.
 1406         3. Graduation rates.
 1407         4. Indicators of college and career readiness.
 1408         (c) A communication plan for stakeholders, including
 1409  businesses and community members.
 1410         (d) A scope of, and a timeline for, professional
 1411  development.
 1412         (e) A plan for student progression based on mastery of
 1413  concepts and skills, including proposed methods to determine the
 1414  degree to which a student has attained mastery of concepts and
 1415  skills.
 1416         (f) A plan for using technology and digital and blended
 1417  learning to enhance student achievement and to facilitate
 1418  competency-based education.
 1419         (g) A plan for how resources will be allocated for the
 1420  pilot program at both the district and school levels.
 1421         (h) The recruitment and selection of participating schools.
 1422         (i) Rules to be waived, as authorized in subsection (3), as
 1423  necessary to implement the program.
 1424         (3) In addition to the waivers provided in s. 1001.10(3),
 1425  Florida Statutes, the State Board of Education may authorize the
 1426  Commissioner of Education to grant waivers relating to the
 1427  awarding of credit and pupil progression.
 1428         (4) Students participating in the pilot program at
 1429  participating schools shall be reported and generate funding
 1430  consistent with the requirements of s. 1011.62, Florida
 1431  Statutes.
 1432         (5) The department shall:
 1433         (a) Compile student and staff schedules before and after
 1434  implementation of the pilot program.
 1435         (b) Provide access to statewide, standardized assessments
 1436  pursuant to s. 1008.22(3), Florida Statutes.
 1437         (c) By June 1 of each year, provide a report summarizing
 1438  the activities and accomplishments of the pilot programs and any
 1439  recommendations for statutory revisions for statewide
 1440  implementation to the Governor, the President of the Senate, and
 1441  the Speaker of the House of Representatives.
 1442         (6) This section expires June 30, 2021.
 1443         Section 20. Paragraph (a) of subsection (20) of section
 1444  1002.33, Florida Statutes, is amended to read:
 1445         1002.33 Charter schools.—
 1446         (20) SERVICES.—
 1447         (a)1. A sponsor shall provide certain administrative and
 1448  educational services to charter schools. These services shall
 1449  include contract management services; full-time equivalent and
 1450  data reporting services; exceptional student education
 1451  administration services; services related to eligibility and
 1452  reporting duties required to ensure that school lunch services
 1453  under the federal lunch program, consistent with the needs of
 1454  the charter school, are provided by the school district at the
 1455  request of the charter school, that any funds due to the charter
 1456  school under the federal lunch program be paid to the charter
 1457  school as soon as the charter school begins serving food under
 1458  the federal lunch program, and that the charter school is paid
 1459  at the same time and in the same manner under the federal lunch
 1460  program as other public schools serviced by the sponsor or the
 1461  school district; test administration services, including payment
 1462  of the costs of state-required or district-required student
 1463  assessments; processing of teacher certificate data services;
 1464  and information services, including equal access to student
 1465  information systems that are used by public schools in the
 1466  district in which the charter school is located. Student
 1467  performance data for each student in a charter school,
 1468  including, but not limited to, FCAT scores, standardized test
 1469  scores, previous public school student report cards, and student
 1470  performance measures, shall be provided by the sponsor to a
 1471  charter school in the same manner provided to other public
 1472  schools in the district.
 1473         2. A total administrative fee for the provision of such
 1474  services shall be calculated based upon up to 5 percent of the
 1475  available funds defined in paragraph (17)(b) for all students,
 1476  except that when 75 percent or more of the students enrolled in
 1477  the charter school are exceptional students as defined in s.
 1478  1003.01(3), the 5 percent of those available funds shall be
 1479  calculated based on unweighted full-time equivalent students.
 1480  However, a sponsor may only withhold up to a 5-percent
 1481  administrative fee for enrollment for up to and including 250
 1482  students. For charter schools with a population of 251 or more
 1483  students, the difference between the total administrative fee
 1484  calculation and the amount of the administrative fee withheld
 1485  may only be used for capital outlay purposes specified in s.
 1486  1013.62(3) s. 1013.62(2).
 1487         3. For high-performing charter schools, as defined in ch.
 1488  2011-232, a sponsor may withhold a total administrative fee of
 1489  up to 2 percent for enrollment up to and including 250 students
 1490  per school.
 1491         4. In addition, a sponsor may withhold only up to a 5
 1492  percent administrative fee for enrollment for up to and
 1493  including 500 students within a system of charter schools which
 1494  meets all of the following:
 1495         a. Includes both conversion charter schools and
 1496  nonconversion charter schools;
 1497         b. Has all schools located in the same county;
 1498         c. Has a total enrollment exceeding the total enrollment of
 1499  at least one school district in the state;
 1500         d. Has the same governing board; and
 1501         e. Does not contract with a for-profit service provider for
 1502  management of school operations.
 1503         5. The difference between the total administrative fee
 1504  calculation and the amount of the administrative fee withheld
 1505  pursuant to subparagraph 4. may be used for instructional and
 1506  administrative purposes as well as for capital outlay purposes
 1507  specified in s. 1013.62(3) s. 1013.62(2).
 1508         6. For a high-performing charter school system that also
 1509  meets the requirements in subparagraph 4., a sponsor may
 1510  withhold a 2-percent administrative fee for enrollments up to
 1511  and including 500 students per system.
 1512         7. Sponsors shall not charge charter schools any additional
 1513  fees or surcharges for administrative and educational services
 1514  in addition to the maximum 5-percent administrative fee withheld
 1515  pursuant to this paragraph.
 1516         8. The sponsor of a virtual charter school may withhold a
 1517  fee of up to 5 percent. The funds shall be used to cover the
 1518  cost of services provided under subparagraph 1. and
 1519  implementation of the school district’s digital classrooms plan
 1520  pursuant to s. 1011.62.
 1521         Section 21. This act shall take effect July 1, 2016.
 1522  
 1523  ================= T I T L E  A M E N D M E N T ================
 1524  And the title is amended as follows:
 1525         Delete everything before the enacting clause
 1526  and insert:
 1527                        A bill to be entitled                      
 1528         An act relating to education; amending s. 1001.42,
 1529         F.S.; revising the duties of a district school board;
 1530         creating s. 1001.66, F.S.; creating a Florida College
 1531         System Performance-Based Incentive for Florida College
 1532         System institutions; requiring the State Board of
 1533         Education to adopt certain metrics and benchmarks;
 1534         providing for funding and allocation of the
 1535         incentives; authorizing the state board to withhold an
 1536         institution’s incentive under certain circumstances;
 1537         requiring the Commissioner of Education to withhold
 1538         certain disbursements under certain circumstances;
 1539         providing for reporting and rulemaking; creating s.
 1540         1001.67, F.S.; establishing a collaboration between
 1541         the state board and the Legislature to designate
 1542         certain Florida College System institutions as
 1543         distinguished colleges; specifying standards for the
 1544         designation; requiring the state board to award the
 1545         designation to certain Florida College System
 1546         institutions; providing that the designated
 1547         institutions are eligible for funding as specified in
 1548         the General Appropriations Act; amending s. 1001.7065,
 1549         F.S.; deleting obsolete provisions; revising the
 1550         academic and research excellence standards for the
 1551         preeminent state research universities program;
 1552         requiring the Board of Governors to designate a state
 1553         university that meets specified requirements as an
 1554         “emerging preeminent state research university”;
 1555         requiring an emerging preeminent state research
 1556         university to submit a certain plan to the board and
 1557         meet specified expectations to receive certain funds;
 1558         providing for the distribution of certain funding
 1559         increases; deleting provisions relating to the
 1560         preeminent state research university enhancement
 1561         initiative and special course requirement
 1562         authorization; amending s. 1001.92, F.S.; requiring
 1563         performance-based metrics to include specified wage
 1564         thresholds; requiring the board to establish minimum
 1565         performance funding eligibility thresholds;
 1566         prohibiting a state university that fails to meet the
 1567         state’s threshold from eligibility for a share of the
 1568         state’s investment performance funding; requiring the
 1569         board to adopt regulations; deleting an expiration;
 1570         amending s. 1002.391, F.S.; requiring a school
 1571         district to add a specified number of points to the
 1572         calculation of a matrix of services for a student who
 1573         is deaf and enrolled in an auditory-oral education
 1574         program; amending s. 1002.53, F.S.; revising
 1575         eligibility for the Voluntary Prekindergarten
 1576         Education Program; amending s. 1003.4282, F.S.;
 1577         revising the online course requirement; authorizing a
 1578         district school board or a charter school governing
 1579         board to offer certain additional options to meet the
 1580         requirement; amending s. 1011.62, F.S.; creating a
 1581         federally connected student supplement for school
 1582         districts; specifying eligibility requirements and
 1583         calculations for allocations of the supplement;
 1584         creating s. 1011.6202, F.S.; creating the Principal
 1585         Autonomy Pilot Program Initiative; providing a purpose
 1586         for the pilot program; providing a procedure for a
 1587         school district to in the pilot program; providing
 1588         requirements for participating school districts and
 1589         schools; exempting participating schools from certain
 1590         laws and rules; requiring principals of participating
 1591         schools and specified personnel to complete a
 1592         nationally recognized school turnaround program;
 1593         providing for the term of participation in the pilot
 1594         program; providing for renewal or revocation of
 1595         authorization to participate in the pilot program;
 1596         providing for reporting, funding, and eligibility
 1597         requirements for certain funding and rulemaking;
 1598         amending s. 1011.69, F.S.; requiring participating
 1599         district school boards to allocate a specified
 1600         percentage of certain funds to participating schools;
 1601         amending s. 1012.28, F.S.; providing additional
 1602         authority and responsibilities of the principal of a
 1603         participating school; amending s. 1012.39, F.S.;
 1604         providing requirements regarding liability insurance
 1605         for students performing clinical field experience;
 1606         creating s. 1012.731, F.S.; providing legislative
 1607         intent; establishing the Florida Best and Brightest
 1608         Teacher Scholarship Program; providing eligibility
 1609         criteria; requiring a school district to annually
 1610         submit the number of eligible teachers to the
 1611         Department of Education; providing for funding and the
 1612         disbursement of funds; defining the term “school
 1613         district”; amending s. 1012.75, F.S.; requiring annual
 1614         notification of liability insurance to specified
 1615         personnel; abrogating the scheduled expiration of the
 1616         educator liability insurance program; amending s.
 1617         1013.62, F.S.; deleting provisions relating to
 1618         priorities for charter school capital outlay funding;
 1619         deleting provisions relating to a charter school’s
 1620         allocation; providing that a charter school is not
 1621         eligible for funding unless it meets certain
 1622         requirements; defining the term “affiliated party of
 1623         the charter school”; revising the funding allocation
 1624         calculation; requiring the Department of Education to
 1625         calculate and periodically recalculate, as necessary,
 1626         the eligible charter school funding allocations;
 1627         deleting provisions relating to certain duties of the
 1628         Commissioner of Education; amending s. 1013.64, F.S.;
 1629         providing that a school district may not receive funds
 1630         from the Special Facility Construction Account under
 1631         certain circumstances; revising the criteria for a
 1632         request for funding; authorizing the request for a
 1633         preapplication review to take place at any time;
 1634         providing exceptions; revising the timeframe for
 1635         completion of the review; providing that certain
 1636         capital outlay full-time equivalent student enrollment
 1637         estimates be determined by specified estimating
 1638         conferences; requiring surveys to be cooperatively
 1639         prepared by certain entities and approved by the
 1640         Department of Education; prohibiting certain
 1641         consultants from specified employment and
 1642         compensation; providing an exception to prohibiting
 1643         the cost per student station from exceeding a certain
 1644         amount; requiring a school district to levy the
 1645         maximum millage against certain property value under
 1646         certain circumstances; reducing the required millage
 1647         to be budgeted for a project; requiring certain plans
 1648         to be finalized by a specified date; requiring a
 1649         representative of the department to chair the Special
 1650         Facility Construction Committee; requiring school
 1651         districts to maintain accurate documentation related
 1652         to specified costs; requiring the Auditor General to
 1653         review such documentation; providing that the Auditor
 1654         General makes final determinations on compliance;
 1655         requiring the Office of Program Policy Analysis and
 1656         Government Accountability to conduct a study, in
 1657         consultation with the department, on cost per student
 1658         station amounts and on the State Requirements for
 1659         Education Facilities; requiring reports to the
 1660         Governor and the Legislature by a specified date;
 1661         prohibiting a district school board from using funds
 1662         for specified purposes for certain projects; providing
 1663         sanctions for school districts that exceed certain
 1664         costs; providing for the creation of a district
 1665         capital outlay oversight committee; providing for
 1666         membership of the oversight committee; requiring the
 1667         department to provide certain reports to the Auditor
 1668         General; deleting a provision relating to
 1669         applicability of certain restrictions on the cost per
 1670         student station of new construction; amending s.
 1671         1013.74, F.S.; authorizing a university board of
 1672         trustees to expend reserve or carry-forward balances
 1673         for certain projects; establishing a competency-based
 1674         innovation pilot program within the Department of
 1675         Education; defining the term “competency-based
 1676         education”; authorizing certain schools to apply to
 1677         the department for approval of a competency-based
 1678         innovation pilot program; specifying information to be
 1679         included in the application; authorizing certain
 1680         waivers; providing reporting and funding requirements
 1681         for students participating in the pilot program at
 1682         participating schools; requiring the department to
 1683         compile certain information and provide access to
 1684         statewide, standardized assessments; requiring the
 1685         department to submit an annual report to the Governor
 1686         and the Legislature by a specified date; specifying
 1687         the contents of the annual report; providing for
 1688         expiration of the pilot program; amending s. 1002.33,
 1689         F.S.; conforming cross-references; providing an
 1690         effective date.