Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7029, 1st Eng.
       
       
       
       
       
       
                                Ì927886cÎ927886                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .         Floor: SENAT/C         
             03/11/2016 02:16 PM       .      03/11/2016 04:05 PM       
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       Senator Gaetz moved the following:
       
    1         Senate Amendment to House Amendment (635159) to Senate
    2  Amendment (with title amendment)
    3  
    4         Delete lines 125 - 3828
    5  and insert:
    6  in the charter school.
    7         (6) APPLICATION PROCESS AND REVIEW.—Charter school
    8  applications are subject to the following requirements:
    9         (a) A person or entity seeking wishing to open a charter
   10  school shall prepare and submit an application on a model
   11  application form prepared by the Department of Education which:
   12         1. Demonstrates how the school will use the guiding
   13  principles and meet the statutorily defined purpose of a charter
   14  school.
   15         2. Provides a detailed curriculum plan that illustrates how
   16  students will be provided services to attain the Sunshine State
   17  Standards.
   18         3. Contains goals and objectives for improving student
   19  learning and measuring that improvement. These goals and
   20  objectives must indicate how much academic improvement students
   21  are expected to show each year, how success will be evaluated,
   22  and the specific results to be attained through instruction.
   23         4. Describes the reading curriculum and differentiated
   24  strategies that will be used for students reading at grade level
   25  or higher and a separate curriculum and strategies for students
   26  who are reading below grade level. A sponsor shall deny an
   27  application a charter if the school does not propose a reading
   28  curriculum that is consistent with effective teaching strategies
   29  that are grounded in scientifically based reading research.
   30         5. Contains an annual financial plan for each year
   31  requested by the charter for operation of the school for up to 5
   32  years. This plan must contain anticipated fund balances based on
   33  revenue projections, a spending plan based on projected revenues
   34  and expenses, and a description of controls that will safeguard
   35  finances and projected enrollment trends.
   36         6.Discloses the name of each applicant, governing board
   37  member, and all proposed education services providers; the name
   38  and sponsor of any charter school operated by each applicant,
   39  each governing board member, and each proposed education
   40  services provider that has closed and the reasons for the
   41  closure; and the academic and financial history of such charter
   42  schools, which the sponsor shall consider in deciding whether to
   43  approve or deny the application.
   44         7.6. Contains additional information a sponsor may require,
   45  which shall be attached as an addendum to the charter school
   46  application described in this paragraph.
   47         8.7. For the establishment of a virtual charter school,
   48  documents that the applicant has contracted with a provider of
   49  virtual instruction services pursuant to s. 1002.45(1)(d).
   50         (b) A sponsor shall receive and review all applications for
   51  a charter school using the an evaluation instrument developed by
   52  the Department of Education. A sponsor shall receive and
   53  consider charter school applications received on or before
   54  August 1 of each calendar year for charter schools to be opened
   55  at the beginning of the school district’s next school year, or
   56  to be opened at a time agreed to by the applicant and the
   57  sponsor. A sponsor may not refuse to receive a charter school
   58  application submitted before August 1 and may receive an
   59  application submitted later than August 1 if it chooses. In
   60  order to facilitate greater collaboration in the application
   61  process, an applicant may submit a draft charter school
   62  application on or before May 1 with an application fee of $500.
   63  If a draft application is timely submitted, the sponsor shall
   64  review and provide feedback as to material deficiencies in the
   65  application by July 1. The applicant shall then have until
   66  August 1 to resubmit a revised and final application. The
   67  sponsor may approve the draft application. Except as provided
   68  for a draft application, a sponsor may not charge an applicant
   69  for a charter any fee for the processing or consideration of an
   70  application, and a sponsor may not base its consideration or
   71  approval of a final application upon the promise of future
   72  payment of any kind. Before approving or denying any final
   73  application, the sponsor shall allow the applicant, upon receipt
   74  of written notification, at least 7 calendar days to make
   75  technical or nonsubstantive corrections and clarifications,
   76  including, but not limited to, corrections of grammatical,
   77  typographical, and like errors or missing signatures, if such
   78  errors are identified by the sponsor as cause to deny the final
   79  application.
   80         1. In order to facilitate an accurate budget projection
   81  process, a sponsor shall be held harmless for FTE students who
   82  are not included in the FTE projection due to approval of
   83  charter school applications after the FTE projection deadline.
   84  In a further effort to facilitate an accurate budget projection,
   85  within 15 calendar days after receipt of a charter school
   86  application, a sponsor shall report to the Department of
   87  Education the name of the applicant entity, the proposed charter
   88  school location, and its projected FTE.
   89         2. In order to ensure fiscal responsibility, an application
   90  for a charter school shall include a full accounting of expected
   91  assets, a projection of expected sources and amounts of income,
   92  including income derived from projected student enrollments and
   93  from community support, and an expense projection that includes
   94  full accounting of the costs of operation, including start-up
   95  costs.
   96         3.a. A sponsor shall by a majority vote approve or deny an
   97  application no later than 60 calendar days after the application
   98  is received, unless the sponsor and the applicant mutually agree
   99  in writing to temporarily postpone the vote to a specific date,
  100  at which time the sponsor shall by a majority vote approve or
  101  deny the application. If the sponsor fails to act on the
  102  application, an applicant may appeal to the State Board of
  103  Education as provided in paragraph (c). If an application is
  104  denied, the sponsor shall, within 10 calendar days after such
  105  denial, articulate in writing the specific reasons, based upon
  106  good cause, supporting its denial of the charter application and
  107  shall provide the letter of denial and supporting documentation
  108  to the applicant and to the Department of Education.
  109         b. An application submitted by a high-performing charter
  110  school identified pursuant to s. 1002.331 may be denied by the
  111  sponsor only if the sponsor demonstrates by clear and convincing
  112  evidence that:
  113         (I) The application does not materially comply with the
  114  requirements in paragraph (a);
  115         (II) The charter school proposed in the application does
  116  not materially comply with the requirements in paragraphs
  117  (9)(a)-(f);
  118         (III) The proposed charter school’s educational program
  119  does not substantially replicate that of the applicant or one of
  120  the applicant’s high-performing charter schools;
  121         (IV) The applicant has made a material misrepresentation or
  122  false statement or concealed an essential or material fact
  123  during the application process; or
  124         (V) The proposed charter school’s educational program and
  125  financial management practices do not materially comply with the
  126  requirements of this section.
  127  
  128  Material noncompliance is a failure to follow requirements or a
  129  violation of prohibitions applicable to charter school
  130  applications, which failure is quantitatively or qualitatively
  131  significant either individually or when aggregated with other
  132  noncompliance. An applicant is considered to be replicating a
  133  high-performing charter school if the proposed school is
  134  substantially similar to at least one of the applicant’s high
  135  performing charter schools and the organization or individuals
  136  involved in the establishment and operation of the proposed
  137  school are significantly involved in the operation of replicated
  138  schools.
  139         c. If the sponsor denies an application submitted by a
  140  high-performing charter school, the sponsor must, within 10
  141  calendar days after such denial, state in writing the specific
  142  reasons, based upon the criteria in sub-subparagraph b.,
  143  supporting its denial of the application and must provide the
  144  letter of denial and supporting documentation to the applicant
  145  and to the Department of Education. The applicant may appeal the
  146  sponsor’s denial of the application directly to the State Board
  147  of Education and, if an appeal is filed, must provide a copy of
  148  the appeal to the sponsor pursuant to paragraph (c) sub
  149  subparagraph (c)3.b.
  150         4. For budget projection purposes, the sponsor shall report
  151  to the Department of Education the approval or denial of an a
  152  charter application within 10 calendar days after such approval
  153  or denial. In the event of approval, the report to the
  154  Department of Education shall include the final projected FTE
  155  for the approved charter school.
  156         5. Upon approval of an a charter application, the initial
  157  startup shall commence with the beginning of the public school
  158  calendar for the district in which the charter is granted. A
  159  charter school may defer the opening of the school’s operations
  160  for up to 2 years to provide time for adequate facility
  161  planning. The charter school must provide written notice of such
  162  intent to the sponsor and the parents of enrolled students at
  163  least 30 calendar days before the first day of school unless the
  164  sponsor allows a waiver of this subparagraph for good cause.
  165         (7) CHARTER.—The major issues involving the operation of a
  166  charter school shall be considered in advance and written into
  167  the charter. The charter shall be signed by the governing board
  168  of the charter school and the sponsor, following a public
  169  hearing to ensure community input.
  170         (a) The charter shall address and criteria for approval of
  171  the charter shall be based on:
  172         1. The school’s mission, the students to be served, and the
  173  ages and grades to be included.
  174         2. The focus of the curriculum, the instructional methods
  175  to be used, any distinctive instructional techniques to be
  176  employed, and identification and acquisition of appropriate
  177  technologies needed to improve educational and administrative
  178  performance which include a means for promoting safe, ethical,
  179  and appropriate uses of technology which comply with legal and
  180  professional standards.
  181         a. The charter shall ensure that reading is a primary focus
  182  of the curriculum and that resources are provided to identify
  183  and provide specialized instruction for students who are reading
  184  below grade level. The curriculum and instructional strategies
  185  for reading must be consistent with the Next Generation Sunshine
  186  State Standards and grounded in scientifically based reading
  187  research.
  188         b. In order to provide students with access to diverse
  189  instructional delivery models, to facilitate the integration of
  190  technology within traditional classroom instruction, and to
  191  provide students with the skills they need to compete in the
  192  21st century economy, the Legislature encourages instructional
  193  methods for blended learning courses consisting of both
  194  traditional classroom and online instructional techniques.
  195  Charter schools may implement blended learning courses which
  196  combine traditional classroom instruction and virtual
  197  instruction. Students in a blended learning course must be full
  198  time students of the charter school and receive the online
  199  instruction in a classroom setting at the charter school.
  200  Instructional personnel certified pursuant to s. 1012.55 who
  201  provide virtual instruction for blended learning courses may be
  202  employees of the charter school or may be under contract to
  203  provide instructional services to charter school students. At a
  204  minimum, such instructional personnel must hold an active state
  205  or school district adjunct certification under s. 1012.57 for
  206  the subject area of the blended learning course. The funding and
  207  performance accountability requirements for blended learning
  208  courses are the same as those for traditional courses.
  209         3. The current incoming baseline standard of student
  210  academic achievement, the outcomes to be achieved, and the
  211  method of measurement that will be used. The criteria listed in
  212  this subparagraph shall include a detailed description of:
  213         a. How the baseline student academic achievement levels and
  214  prior rates of academic progress will be established.
  215         b. How these baseline rates will be compared to rates of
  216  academic progress achieved by these same students while
  217  attending the charter school.
  218         c. To the extent possible, how these rates of progress will
  219  be evaluated and compared with rates of progress of other
  220  closely comparable student populations.
  221  
  222  The district school board is required to provide academic
  223  student performance data to charter schools for each of their
  224  students coming from the district school system, as well as
  225  rates of academic progress of comparable student populations in
  226  the district school system.
  227         4. The methods used to identify the educational strengths
  228  and needs of students and how well educational goals and
  229  performance standards are met by students attending the charter
  230  school. The methods shall provide a means for the charter school
  231  to ensure accountability to its constituents by analyzing
  232  student performance data and by evaluating the effectiveness and
  233  efficiency of its major educational programs. Students in
  234  charter schools shall, at a minimum, participate in the
  235  statewide assessment program created under s. 1008.22.
  236         5. In secondary charter schools, a method for determining
  237  that a student has satisfied the requirements for graduation in
  238  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  239         6. A method for resolving conflicts between the governing
  240  board of the charter school and the sponsor.
  241         7. The admissions procedures and dismissal procedures,
  242  including the school’s code of student conduct. Admission or
  243  dismissal must not be based on a student’s academic performance.
  244         8. The ways by which the school will achieve a
  245  racial/ethnic balance reflective of the community it serves or
  246  within the racial/ethnic range of other public schools in the
  247  same school district.
  248         9. The financial and administrative management of the
  249  school, including a reasonable demonstration of the professional
  250  experience or competence of those individuals or organizations
  251  applying to operate the charter school or those hired or
  252  retained to perform such professional services and the
  253  description of clearly delineated responsibilities and the
  254  policies and practices needed to effectively manage the charter
  255  school. A description of internal audit procedures and
  256  establishment of controls to ensure that financial resources are
  257  properly managed must be included. Both public sector and
  258  private sector professional experience shall be equally valid in
  259  such a consideration.
  260         10. The asset and liability projections required in the
  261  application which are incorporated into the charter and shall be
  262  compared with information provided in the annual report of the
  263  charter school.
  264         11. A description of procedures that identify various risks
  265  and provide for a comprehensive approach to reduce the impact of
  266  losses; plans to ensure the safety and security of students and
  267  staff; plans to identify, minimize, and protect others from
  268  violent or disruptive student behavior; and the manner in which
  269  the school will be insured, including whether or not the school
  270  will be required to have liability insurance, and, if so, the
  271  terms and conditions thereof and the amounts of coverage.
  272         12. The term of the charter which shall provide for
  273  cancellation of the charter if insufficient progress has been
  274  made in attaining the student achievement objectives of the
  275  charter and if it is not likely that such objectives can be
  276  achieved before expiration of the charter. The initial term of a
  277  charter shall be for 4 or 5 years. In order to facilitate access
  278  to long-term financial resources for charter school
  279  construction, charter schools that are operated by a
  280  municipality or other public entity as provided by law are
  281  eligible for up to a 15-year charter, subject to approval by the
  282  district school board. A charter lab school is eligible for a
  283  charter for a term of up to 15 years. In addition, to facilitate
  284  access to long-term financial resources for charter school
  285  construction, charter schools that are operated by a private,
  286  not-for-profit, s. 501(c)(3) status corporation are eligible for
  287  up to a 15-year charter, subject to approval by the district
  288  school board. Such long-term charters remain subject to annual
  289  review and may be terminated during the term of the charter, but
  290  only according to the provisions set forth in subsection (8).
  291         13. The facilities to be used and their location. The
  292  sponsor may not require a charter school to have a certificate
  293  of occupancy or a temporary certificate of occupancy for such a
  294  facility earlier than 15 calendar days before the first day of
  295  school.
  296         14. The qualifications to be required of the teachers and
  297  the potential strategies used to recruit, hire, train, and
  298  retain qualified staff to achieve best value.
  299         15. The governance structure of the school, including the
  300  status of the charter school as a public or private employer as
  301  required in paragraph (12)(i).
  302         16. A timetable for implementing the charter which
  303  addresses the implementation of each element thereof and the
  304  date by which the charter shall be awarded in order to meet this
  305  timetable.
  306         17. In the case of an existing public school that is being
  307  converted to charter status, alternative arrangements for
  308  current students who choose not to attend the charter school and
  309  for current teachers who choose not to teach in the charter
  310  school after conversion in accordance with the existing
  311  collective bargaining agreement or district school board rule in
  312  the absence of a collective bargaining agreement. However,
  313  alternative arrangements shall not be required for current
  314  teachers who choose not to teach in a charter lab school, except
  315  as authorized by the employment policies of the state university
  316  which grants the charter to the lab school.
  317         18. Full disclosure of the identity of all relatives
  318  employed by the charter school who are related to the charter
  319  school owner, president, chairperson of the governing board of
  320  directors, superintendent, governing board member, principal,
  321  assistant principal, or any other person employed by the charter
  322  school who has equivalent decisionmaking authority. For the
  323  purpose of this subparagraph, the term “relative” means father,
  324  mother, son, daughter, brother, sister, uncle, aunt, first
  325  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  326  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  327  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  328  stepsister, half brother, or half sister.
  329         19. Implementation of the activities authorized under s.
  330  1002.331 by the charter school when it satisfies the eligibility
  331  requirements for a high-performing charter school. A high
  332  performing charter school shall notify its sponsor in writing by
  333  March 1 if it intends to increase enrollment or expand grade
  334  levels the following school year. The written notice shall
  335  specify the amount of the enrollment increase and the grade
  336  levels that will be added, as applicable.
  337         (d)1.A charter may be terminated by a charter school’s
  338  governing board through voluntary closure. The decision to cease
  339  operations must be determined at a public meeting. The governing
  340  board shall notify the parents and sponsor of the public meeting
  341  in writing before the public meeting. The governing board must
  342  notify the sponsor, parents of enrolled students, and the
  343  department in writing within 24 hours after the public meeting
  344  of its determination. The notice shall state the charter
  345  school’s intent to continue operations or the reason for the
  346  closure and acknowledge that the governing board agrees to
  347  follow the procedures for dissolution and reversion of public
  348  funds pursuant to paragraphs (8)(e)-(g) and (9)(o) Each charter
  349  school’s governing board must appoint a representative to
  350  facilitate parental involvement, provide access to information,
  351  assist parents and others with questions and concerns, and
  352  resolve disputes. The representative must reside in the school
  353  district in which the charter school is located and may be a
  354  governing board member, charter school employee, or individual
  355  contracted to represent the governing board. If the governing
  356  board oversees multiple charter schools in the same school
  357  district, the governing board must appoint a separate individual
  358  representative for each charter school in the district. The
  359  representative’s contact information must be provided annually
  360  in writing to parents and posted prominently on the charter
  361  school’s website if a website is maintained by the school. The
  362  sponsor may not require that governing board members reside in
  363  the school district in which the charter school is located if
  364  the charter school complies with this paragraph.
  365         2.Each charter school’s governing board must hold at least
  366  two public meetings per school year in the school district. The
  367  meetings must be noticed, open, and accessible to the public,
  368  and attendees must be provided an opportunity to receive
  369  information and provide input regarding the charter school’s
  370  operations. The appointed representative and charter school
  371  principal or director, or his or her equivalent, must be
  372  physically present at each meeting.
  373         (9) CHARTER SCHOOL REQUIREMENTS.—
  374         (g)1. In order to provide financial information that is
  375  comparable to that reported for other public schools, charter
  376  schools are to maintain all financial records that constitute
  377  their accounting system:
  378         a. In accordance with the accounts and codes prescribed in
  379  the most recent issuance of the publication titled “Financial
  380  and Program Cost Accounting and Reporting for Florida Schools”;
  381  or
  382         b. At the discretion of the charter school’s governing
  383  board, a charter school may elect to follow generally accepted
  384  accounting standards for not-for-profit organizations, but must
  385  reformat this information for reporting according to this
  386  paragraph.
  387         2. Charter schools shall provide annual financial report
  388  and program cost report information in the state-required
  389  formats for inclusion in district reporting in compliance with
  390  s. 1011.60(1). Charter schools that are operated by a
  391  municipality or are a component unit of a parent nonprofit
  392  organization may use the accounting system of the municipality
  393  or the parent but must reformat this information for reporting
  394  according to this paragraph.
  395         3. A charter school shall, upon approval of the charter
  396  contract, provide the sponsor with a concise, uniform, monthly
  397  financial statement summary sheet that contains a balance sheet
  398  and a statement of revenue, expenditures, and changes in fund
  399  balance. The balance sheet and the statement of revenue,
  400  expenditures, and changes in fund balance shall be in the
  401  governmental funds format prescribed by the Governmental
  402  Accounting Standards Board. A high-performing charter school
  403  pursuant to s. 1002.331 may provide a quarterly financial
  404  statement in the same format and requirements as the uniform
  405  monthly financial statement summary sheet. The sponsor shall
  406  review each monthly or quarterly financial statement to identify
  407  the existence of any conditions identified in s. 1002.345(1)(a).
  408         4. A charter school shall maintain and provide financial
  409  information as required in this paragraph. The financial
  410  statement required in subparagraph 3. must be in a form
  411  prescribed by the Department of Education.
  412         (n)1. The director and a representative of the governing
  413  board of a charter school that has earned a grade of “D” or “F”
  414  pursuant to s. 1008.34 shall appear before the sponsor to
  415  present information concerning each contract component having
  416  noted deficiencies. The director and a representative of the
  417  governing board shall submit to the sponsor for approval a
  418  school improvement plan to raise student performance. Upon
  419  approval by the sponsor, the charter school shall begin
  420  implementation of the school improvement plan. The department
  421  shall offer technical assistance and training to the charter
  422  school and its governing board and establish guidelines for
  423  developing, submitting, and approving such plans.
  424         2.a. If a charter school earns three consecutive grades of
  425  “D,” two consecutive grades of “D” followed by a grade of “F,”
  426  or two nonconsecutive grades of “F” within a 3-year period, the
  427  charter school governing board shall choose one of the following
  428  corrective actions:
  429         (I) Contract for educational services to be provided
  430  directly to students, instructional personnel, and school
  431  administrators, as prescribed in state board rule;
  432         (II) Contract with an outside entity that has a
  433  demonstrated record of effectiveness to operate the school;
  434         (III) Reorganize the school under a new director or
  435  principal who is authorized to hire new staff; or
  436         (IV) Voluntarily close the charter school.
  437         b. The charter school must implement the corrective action
  438  in the school year following receipt of a third consecutive
  439  grade of “D,” a grade of “F” following two consecutive grades of
  440  “D,” or a second nonconsecutive grade of “F” within a 3-year
  441  period.
  442         c. The sponsor may annually waive a corrective action if it
  443  determines that the charter school is likely to improve a letter
  444  grade if additional time is provided to implement the
  445  intervention and support strategies prescribed by the school
  446  improvement plan. Notwithstanding this sub-subparagraph, a
  447  charter school that earns a second consecutive grade of “F” is
  448  subject to subparagraph 4.
  449         d. A charter school is no longer required to implement a
  450  corrective action if it improves by at least one letter grade.
  451  However, the charter school must continue to implement
  452  strategies identified in the school improvement plan. The
  453  sponsor must annually review implementation of the school
  454  improvement plan to monitor the school’s continued improvement
  455  pursuant to subparagraph 5.
  456         e. A charter school implementing a corrective action that
  457  does not improve by at least one letter grade after 2 full
  458  school years of implementing the corrective action must select a
  459  different corrective action. Implementation of the new
  460  corrective action must begin in the school year following the
  461  implementation period of the existing corrective action, unless
  462  the sponsor determines that the charter school is likely to
  463  improve a letter grade if additional time is provided to
  464  implement the existing corrective action. Notwithstanding this
  465  sub-subparagraph, a charter school that earns a second
  466  consecutive grade of “F” while implementing a corrective action
  467  is subject to subparagraph 4.
  468         3. A charter school with a grade of “D” or “F” that
  469  improves by at least one letter grade must continue to implement
  470  the strategies identified in the school improvement plan. The
  471  sponsor must annually review implementation of the school
  472  improvement plan to monitor the school’s continued improvement
  473  pursuant to subparagraph 5.
  474         4. A charter school’s charter contract is automatically
  475  terminated if the school earns two consecutive grades of “F”
  476  after all school grade appeals are final The sponsor shall
  477  terminate a charter if the charter school earns two consecutive
  478  grades of “F” unless:
  479         a. The charter school is established to turn around the
  480  performance of a district public school pursuant to s.
  481  1008.33(4)(b)3. Such charter schools shall be governed by s.
  482  1008.33;
  483         b. The charter school serves a student population the
  484  majority of which resides in a school zone served by a district
  485  public school that earned a grade of “F” in the year before the
  486  charter school opened and the charter school earns at least a
  487  grade of “D” in its third year of operation. The exception
  488  provided under this sub-subparagraph does not apply to a charter
  489  school in its fourth year of operation and thereafter; or
  490         c. The state board grants the charter school a waiver of
  491  termination. The charter school must request the waiver within
  492  15 days after the department’s official release of school
  493  grades. The state board may waive termination if the charter
  494  school demonstrates that the Learning Gains of its students on
  495  statewide assessments are comparable to or better than the
  496  Learning Gains of similarly situated students enrolled in nearby
  497  district public schools. The waiver is valid for 1 year and may
  498  only be granted once. Charter schools that have been in
  499  operation for more than 5 years are not eligible for a waiver
  500  under this sub-subparagraph.
  501  
  502  The sponsor shall notify the charter school’s governing board,
  503  the charter school principal, and the department in writing when
  504  a charter contract is terminated under this subparagraph. The
  505  letter of termination must meet the requirements of paragraph
  506  (8)(c). A charter terminated under this subparagraph must follow
  507  the procedures for dissolution and reversion of public funds
  508  pursuant to paragraphs (8)(e)-(g) and (9)(o).
  509         5. The director and a representative of the governing board
  510  of a graded charter school that has implemented a school
  511  improvement plan under this paragraph shall appear before the
  512  sponsor at least once a year to present information regarding
  513  the progress of intervention and support strategies implemented
  514  by the school pursuant to the school improvement plan and
  515  corrective actions, if applicable. The sponsor shall communicate
  516  at the meeting, and in writing to the director, the services
  517  provided to the school to help the school address its
  518  deficiencies.
  519         6. Notwithstanding any provision of this paragraph except
  520  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  521  at any time pursuant to subsection (8).
  522         (p)1. Each charter school shall maintain a website that
  523  enables the public to obtain information regarding the school;
  524  the school’s academic performance; the names of the governing
  525  board members; the programs at the school; any management
  526  companies, service providers, or education management
  527  corporations associated with the school; the school’s annual
  528  budget and its annual independent fiscal audit; the school’s
  529  grade pursuant to s. 1008.34; and, on a quarterly basis, the
  530  minutes of governing board meetings.
  531         2.Each charter school’s governing board must appoint a
  532  representative to facilitate parental involvement, provide
  533  access to information, assist parents and others with questions
  534  and concerns, and resolve disputes. The representative must
  535  reside in the school district in which the charter school is
  536  located and may be a governing board member, a charter school
  537  employee, or an individual contracted to represent the governing
  538  board. If the governing board oversees multiple charter schools
  539  in the same school district, the governing board must appoint a
  540  separate representative for each charter school in the district.
  541  The representative’s contact information must be provided
  542  annually in writing to parents and posted prominently on the
  543  charter school’s website. The sponsor may not require governing
  544  board members to reside in the school district in which the
  545  charter school is located if the charter school complies with
  546  this subparagraph.
  547         3.Each charter school’s governing board must hold at least
  548  two public meetings per school year in the school district where
  549  the charter school is located. The meetings must be noticed,
  550  open, and accessible to the public, and attendees must be
  551  provided an opportunity to receive information and provide input
  552  regarding the charter school’s operations. The appointed
  553  representative and charter school principal or director, or his
  554  or her designee, must be physically present at each meeting.
  555  Members of the governing board may attend in person or by means
  556  of communications media technology used in accordance with rules
  557  adopted by the Administration Commission under s. 120.54(5).
  558         (10) ELIGIBLE STUDENTS.—
  559         (d) A charter school may give enrollment preference to the
  560  following student populations:
  561         1. Students who are siblings of a student enrolled in the
  562  charter school.
  563         2. Students who are the children of a member of the
  564  governing board of the charter school.
  565         3. Students who are the children of an employee of the
  566  charter school.
  567         4. Students who are the children of:
  568         a. An employee of the business partner of a charter school
  569  in-the-workplace established under paragraph (15)(b) or a
  570  resident of the municipality in which such charter school is
  571  located; or
  572         b. A resident or employee of a municipality that operates a
  573  charter school-in-a-municipality pursuant to paragraph (15)(c)
  574  or allows a charter school to use a school facility or portion
  575  of land provided by the municipality for the operation of the
  576  charter school.
  577         5. Students who have successfully completed a voluntary
  578  prekindergarten education program under ss. 1002.51-1002.79
  579  provided by the charter school or the charter school’s governing
  580  board during the previous year.
  581         6. Students who are the children of an active duty member
  582  of any branch of the United States Armed Forces.
  583         7.Students who attended or are assigned to failing schools
  584  pursuant to s. 1002.38(2).
  585         (17) FUNDING.—Students enrolled in a charter school,
  586  regardless of the sponsorship, shall be funded as if they are in
  587  a basic program or a special program, the same as students
  588  enrolled in other public schools in the school district. Funding
  589  for a charter lab school shall be as provided in s. 1002.32.
  590         (b) The basis for the agreement for funding students
  591  enrolled in a charter school shall be the sum of the school
  592  district’s operating funds from the Florida Education Finance
  593  Program as provided in s. 1011.62 and the General Appropriations
  594  Act, including gross state and local funds, discretionary
  595  lottery funds, and funds from the school district’s current
  596  operating discretionary millage levy; divided by total funded
  597  weighted full-time equivalent students in the school district;
  598  multiplied by the weighted full-time equivalent students for the
  599  charter school. Charter schools whose students or programs meet
  600  the eligibility criteria in law are entitled to their
  601  proportionate share of categorical program funds included in the
  602  total funds available in the Florida Education Finance Program
  603  by the Legislature, including transportation, the research-based
  604  reading allocation, and the Florida digital classrooms
  605  allocation. Total funding for each charter school shall be
  606  recalculated during the year to reflect the revised calculations
  607  under the Florida Education Finance Program by the state and the
  608  actual weighted full-time equivalent students reported by the
  609  charter school during the full-time equivalent student survey
  610  periods designated by the Commissioner of Education.
  611         (e) District school boards shall make timely and efficient
  612  payment and reimbursement to charter schools, including
  613  processing paperwork required to access special state and
  614  federal funding for which they may be eligible. Payments of
  615  funds under paragraph (b) shall be made monthly or twice a
  616  month, beginning with the start of the district school board’s
  617  fiscal year. Each payment shall be one-twelfth, or one twenty
  618  fourth, as applicable, of the total state and local funds
  619  described in paragraph (b) and adjusted as set forth therein.
  620  For the first 2 years of a charter school’s operation, if a
  621  minimum of 75 percent of the projected enrollment is entered
  622  into the sponsor’s student information system by the first day
  623  of the current month, the district school board shall may
  624  distribute funds to the a charter school for the up to 3 months
  625  of July through October based on the projected full-time
  626  equivalent student membership of the charter school as submitted
  627  in the approved application. If less than 75 percent of the
  628  projected enrollment is entered into the sponsor’s student
  629  information system by the first day of the current month, the
  630  sponsor shall base payments on the actual number of student
  631  enrollment entered into the sponsor’s student information
  632  system. Thereafter, the results of full-time equivalent student
  633  membership surveys shall be used in adjusting the amount of
  634  funds distributed monthly to the charter school for the
  635  remainder of the fiscal year. The payments payment shall be
  636  issued no later than 10 working days after the district school
  637  board receives a distribution of state or federal funds or the
  638  date the payment is due pursuant to this subsection. If a
  639  warrant for payment is not issued within 10 working days after
  640  receipt of funding by the district school board, the school
  641  district shall pay to the charter school, in addition to the
  642  amount of the scheduled disbursement, interest at a rate of 1
  643  percent per month calculated on a daily basis on the unpaid
  644  balance from the expiration of the 10 working days until such
  645  time as the warrant is issued. The district school board may not
  646  delay payment to a charter school of any portion of the funds
  647  provided in paragraph (b) based on the timing of receipt of
  648  local funds by the district school board.
  649         (g)To be eligible for public education capital outlay
  650  (PECO) funds, a charter school must be located in the State of
  651  Florida.
  652         (18) FACILITIES.—
  653         (a) A startup charter school shall utilize facilities which
  654  comply with the Florida Building Code pursuant to chapter 553
  655  except for the State Requirements for Educational Facilities.
  656  Conversion charter schools shall utilize facilities that comply
  657  with the State Requirements for Educational Facilities provided
  658  that the school district and the charter school have entered
  659  into a mutual management plan for the reasonable maintenance of
  660  such facilities. The mutual management plan shall contain a
  661  provision by which the district school board agrees to maintain
  662  charter school facilities in the same manner as its other public
  663  schools within the district. Charter schools, with the exception
  664  of conversion charter schools, are not required to comply, but
  665  may choose to comply, with the State Requirements for
  666  Educational Facilities of the Florida Building Code adopted
  667  pursuant to s. 1013.37. The local governing authority shall not
  668  adopt or impose any local building requirements or site
  669  development restrictions, such as parking and site-size
  670  criteria, that are addressed by and more stringent than those
  671  found in the State Requirements for Educational Facilities of
  672  the Florida Building Code. Beginning July 1, 2011, A local
  673  governing authority must treat charter schools equitably in
  674  comparison to similar requirements, restrictions, and site
  675  planning processes imposed upon public schools that are not
  676  charter schools. The agency having jurisdiction for inspection
  677  of a facility and issuance of a certificate of occupancy or use
  678  shall be the local municipality or, if in an unincorporated
  679  area, the county governing authority. If an official or employee
  680  of the local governing authority refuses to comply with this
  681  paragraph, the aggrieved school or entity has an immediate right
  682  to bring an action in circuit court to enforce its rights by
  683  injunction. An aggrieved party that receives injunctive relief
  684  may be awarded attorney fees and court costs.
  685         (20) SERVICES.—
  686         (a)1. A sponsor shall provide certain administrative and
  687  educational services to charter schools. These services shall
  688  include contract management services; full-time equivalent and
  689  data reporting services; exceptional student education
  690  administration services; services related to eligibility and
  691  reporting duties required to ensure that school lunch services
  692  under the federal lunch program, consistent with the needs of
  693  the charter school, are provided by the school district at the
  694  request of the charter school, that any funds due to the charter
  695  school under the federal lunch program be paid to the charter
  696  school as soon as the charter school begins serving food under
  697  the federal lunch program, and that the charter school is paid
  698  at the same time and in the same manner under the federal lunch
  699  program as other public schools serviced by the sponsor or the
  700  school district; test administration services, including payment
  701  of the costs of state-required or district-required student
  702  assessments; processing of teacher certificate data services;
  703  and information services, including equal access to student
  704  information systems that are used by public schools in the
  705  district in which the charter school is located. Student
  706  performance data for each student in a charter school,
  707  including, but not limited to, FCAT scores, standardized test
  708  scores, previous public school student report cards, and student
  709  performance measures, shall be provided by the sponsor to a
  710  charter school in the same manner provided to other public
  711  schools in the district.
  712         2. A total administrative fee for the provision of such
  713  services shall be calculated based upon up to 5 percent of the
  714  available funds defined in paragraph (17)(b) for all students,
  715  except that when 75 percent or more of the students enrolled in
  716  the charter school are exceptional students as defined in s.
  717  1003.01(3), the 5 percent of those available funds shall be
  718  calculated based on unweighted full-time equivalent students.
  719  However, a sponsor may only withhold up to a 5-percent
  720  administrative fee for enrollment for up to and including 250
  721  students. For charter schools with a population of 251 or more
  722  students, the difference between the total administrative fee
  723  calculation and the amount of the administrative fee withheld
  724  may only be used for capital outlay purposes specified in s.
  725  1013.62(3) s. 1013.62(2).
  726         3. For high-performing charter schools, as defined in s.
  727  1002.331 ch. 2011-232, a sponsor may withhold a total
  728  administrative fee of up to 2 percent for enrollment up to and
  729  including 250 students per school.
  730         4. In addition, a sponsor may withhold only up to a 5
  731  percent administrative fee for enrollment for up to and
  732  including 500 students within a system of charter schools which
  733  meets all of the following:
  734         a. Includes both conversion charter schools and
  735  nonconversion charter schools;
  736         b. Has all schools located in the same county;
  737         c. Has a total enrollment exceeding the total enrollment of
  738  at least one school district in the state;
  739         d. Has the same governing board; and
  740         e. Does not contract with a for-profit service provider for
  741  management of school operations.
  742         5. The difference between the total administrative fee
  743  calculation and the amount of the administrative fee withheld
  744  pursuant to subparagraph 4. may be used for instructional and
  745  administrative purposes as well as for capital outlay purposes
  746  specified in s. 1013.62(3) s. 1013.62(2).
  747         6. For a high-performing charter school system that also
  748  meets the requirements in subparagraph 4., a sponsor may
  749  withhold a 2-percent administrative fee for enrollments up to
  750  and including 500 students per system.
  751         7. Sponsors shall not charge charter schools any additional
  752  fees or surcharges for administrative and educational services
  753  in addition to the maximum 5-percent administrative fee withheld
  754  pursuant to this paragraph.
  755         8. The sponsor of a virtual charter school may withhold a
  756  fee of up to 5 percent. The funds shall be used to cover the
  757  cost of services provided under subparagraph 1. and
  758  implementation of the school district’s digital classrooms plan
  759  pursuant to s. 1011.62.
  760         Section 7. Paragraph (a) of subsection (3) and subsection
  761  (4) of section 1002.331, Florida Statutes, are amended to read:
  762         1002.331 High-performing charter schools.—
  763         (3)(a) A high-performing charter school may submit an
  764  application pursuant to s. 1002.33(6) in any school district in
  765  the state to establish and operate a new charter school that
  766  will substantially replicate its educational program. An
  767  application submitted by a high-performing charter school must
  768  state that the application is being submitted pursuant to this
  769  paragraph and must include the verification letter provided by
  770  the Commissioner of Education pursuant to subsection (4) (5). If
  771  the sponsor fails to act on the application within 60 days after
  772  receipt, the application is deemed approved and the procedure in
  773  s. 1002.33(6)(h) applies. If the sponsor denies the application,
  774  the high-performing charter school may appeal pursuant to s.
  775  1002.33(6).
  776         (4)A high-performing charter school may not increase
  777  enrollment or expand grade levels following any school year in
  778  which it receives a school grade of “C” or below. If the charter
  779  school receives a school grade of “C” or below in any 2 years
  780  during the term of the charter awarded under subsection (2), the
  781  term of the charter may be modified by the sponsor and the
  782  charter school loses its high-performing charter school status
  783  until it regains that status under subsection (1).
  784         Section 8. Section 1001.66, Florida Statutes, is created to
  785  read:
  786         1001.66Florida College System Performance-Based
  787  Incentive.—
  788         (1)A Florida College System Performance-Based Incentive
  789  shall be awarded to Florida College System institutions using
  790  performance-based metrics adopted by the State Board of
  791  Education. The performance-based metrics must include retention
  792  rates; program completion and graduation rates; postgraduation
  793  employment, salaries, and continuing education for workforce
  794  education and baccalaureate programs, with wage thresholds that
  795  reflect the added value of the certificate or degree; and
  796  outcome measures appropriate for associate of arts degree
  797  recipients. The state board shall adopt benchmarks to evaluate
  798  each institution’s performance on the metrics to measure the
  799  institution’s achievement of institutional excellence or need
  800  for improvement and minimum requirements for eligibility to
  801  receive performance funding.
  802         (2)Each fiscal year, the amount of funds available for
  803  allocation to the Florida College System institutions based on
  804  the performance-based funding model shall consist of the state’s
  805  investment in performance funding plus institutional investments
  806  consisting of funds to be redistributed from the base funding of
  807  the Florida College System Program Fund as determined in the
  808  General Appropriations Act. The State Board of Education shall
  809  establish minimum performance funding eligibility thresholds for
  810  the state’s investment and the institutional investments. An
  811  institution that meets the minimum institutional investment
  812  eligibility threshold, but fails to meet the minimum state
  813  investment eligibility threshold, shall have its institutional
  814  investment restored but is ineligible for a share of the state’s
  815  investment in performance funding. The institutional investment
  816  shall be restored for all institutions eligible for the state’s
  817  investment under the performance-based funding model.
  818         (3)(a)Each Florida College System institution’s share of
  819  the performance funding shall be calculated based on its
  820  relative performance on the established metrics in conjunction
  821  with the institutional size and scope.
  822         (b)A Florida College System institution that fails to meet
  823  the State Board of Education’s minimum institutional investment
  824  performance funding eligibility threshold shall have a portion
  825  of its institutional investment withheld by the state board and
  826  must submit an improvement plan to the state board which
  827  specifies the activities and strategies for improving the
  828  institution’s performance. The state board must review and
  829  approve the improvement plan and, if the plan is approved, must
  830  monitor the institution’s progress in implementing the
  831  activities and strategies specified in the improvement plan. The
  832  institution shall submit monitoring reports to the state board
  833  by December 31 and May 31 of each year in which an improvement
  834  plan is in place. Beginning in the 2017-2018 fiscal year, the
  835  ability of an institution to submit an improvement plan to the
  836  state board is limited to 1 fiscal year.
  837         (c)The Commissioner of Education shall withhold
  838  disbursement of the institutional investment until the
  839  monitoring report is approved by the State Board of Education. A
  840  Florida College System institution determined by the state board
  841  to be making satisfactory progress on implementing the
  842  improvement plan shall receive no more than one-half of the
  843  withheld institutional investment in January and the balance of
  844  the withheld institutional investment in June. An institution
  845  that fails to make satisfactory progress may not have its full
  846  institutional investment restored. Any institutional investment
  847  funds that are not restored shall be redistributed in accordance
  848  with the state board’s performance-based metrics.
  849         (4)Distributions of performance funding, as provided in
  850  this section, shall be made to each of the Florida College
  851  System institutions listed in the Florida Colleges category in
  852  the General Appropriations Act.
  853         (5)By October 1 of each year, the State Board of Education
  854  shall submit to the Governor, the President of the Senate, and
  855  the Speaker of the House of Representatives a report on the
  856  previous fiscal year’s performance funding allocation, which
  857  must reflect the rankings and award distributions.
  858         (6)The State Board of Education shall adopt rules to
  859  administer this section.
  860         Section 9. Subsection (1) of section 1001.7065, Florida
  861  Statutes, is reenacted, and subsections (2), (3), and (5)
  862  through (8) of that section are amended, to read:
  863         1001.7065 Preeminent state research universities program.—
  864         (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
  865  COLLABORATION.—A collaborative partnership is established
  866  between the Board of Governors and the Legislature to elevate
  867  the academic and research preeminence of Florida’s highest
  868  performing state research universities in accordance with this
  869  section. The partnership stems from the State University System
  870  Governance Agreement executed on March 24, 2010, wherein the
  871  Board of Governors and leaders of the Legislature agreed to a
  872  framework for the collaborative exercise of their joint
  873  authority and shared responsibility for the State University
  874  System. The governance agreement confirmed the commitment of the
  875  Board of Governors and the Legislature to continue collaboration
  876  on accountability measures, the use of data, and recommendations
  877  derived from such data.
  878         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
  879  July 1, 2013, The following academic and research excellence
  880  standards are established for the preeminent state research
  881  universities program:
  882         (a) An average weighted grade point average of 4.0 or
  883  higher on a 4.0 scale and an average SAT score of 1800 or higher
  884  on a 2400-point scale or 1200 or higher on a 1600-point scale
  885  for fall semester incoming freshmen, as reported annually.
  886         (b) A top-50 ranking on at least two well-known and highly
  887  respected national public university rankings, including, but
  888  not limited to, the U.S. News and World Report rankings,
  889  reflecting national preeminence, using most recent rankings.
  890         (c) A freshman retention rate of 90 percent or higher for
  891  full-time, first-time-in-college students, as reported annually
  892  to the Integrated Postsecondary Education Data System (IPEDS).
  893         (d) A 6-year graduation rate of 70 percent or higher for
  894  full-time, first-time-in-college students, as reported annually
  895  to the IPEDS.
  896         (e) Six or more faculty members at the state university who
  897  are members of a national academy, as reported by the Center for
  898  Measuring University Performance in the Top American Research
  899  Universities (TARU) annual report or the official membership
  900  directories maintained by each national academy.
  901         (f) Total annual research expenditures, including federal
  902  research expenditures, of $200 million or more, as reported
  903  annually by the National Science Foundation (NSF).
  904         (g) Total annual research expenditures in diversified
  905  nonmedical sciences of $150 million or more, based on data
  906  reported annually by the NSF.
  907         (h) A top-100 university national ranking for research
  908  expenditures in five or more science, technology, engineering,
  909  or mathematics fields of study, as reported annually by the NSF.
  910         (i) One hundred or more total patents awarded by the United
  911  States Patent and Trademark Office for the most recent 3-year
  912  period.
  913         (j) Four hundred or more doctoral degrees awarded annually,
  914  including professional doctoral degrees awarded in medical and
  915  health care disciplines, as reported in the Board of Governors
  916  Annual Accountability Report.
  917         (k) Two hundred or more postdoctoral appointees annually,
  918  as reported in the TARU annual report.
  919         (l) An endowment of $500 million or more, as reported in
  920  the Board of Governors Annual Accountability Report.
  921         (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
  922         (a) The Board of Governors shall designate each state
  923  research university that annually meets at least 11 of the 12
  924  academic and research excellence standards identified in
  925  subsection (2) as a “preeminent state research university”
  926  preeminent state research university.
  927         (b)The Board of Governors shall designate each state
  928  university that annually meets at least six of the 12 academic
  929  and research excellence standards identified in subsection (2)
  930  as an “emerging preeminent state research university.”
  931         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  932  UNIVERSITY SUPPORT.—
  933         (a) A state research university that is designated as a
  934  preeminent state research university, as of July 1, 2013, meets
  935  all 12 of the academic and research excellence standards
  936  identified in subsection (2), as verified by the Board of
  937  Governors, shall submit to the Board of Governors a 5-year
  938  benchmark plan with target rankings on key performance metrics
  939  for national excellence. Upon approval by the Board of
  940  Governors, and upon the university’s meeting the benchmark plan
  941  goals annually, the Board of Governors shall award the
  942  university its proportionate share of any funds provided
  943  annually to support the program created under this section an
  944  amount specified in the General Appropriations Act to be
  945  provided annually throughout the 5-year period. Funding for this
  946  purpose is contingent upon specific appropriation in the General
  947  Appropriations Act.
  948         (b)A state university designated as an emerging preeminent
  949  state research university shall submit to the Board of Governors
  950  a 5-year benchmark plan with target rankings on key performance
  951  metrics for national excellence. Upon approval by the Board of
  952  Governors, and upon the university’s meeting the benchmark plan
  953  goals annually, the Board of Governors shall award the
  954  university its proportionate share of any funds provided
  955  annually to support the program created under this section.
  956         (c)The award of funds under this subsection is contingent
  957  upon funding provided in the General Appropriations Act to
  958  support the preeminent state research universities program
  959  created under this section. Funding increases appropriated
  960  beyond the amounts funded in the previous fiscal year shall be
  961  distributed as follows:
  962         1.Each designated preeminent state research university
  963  that meets the criteria in paragraph (a) shall receive an equal
  964  amount of funding.
  965         2.Each designated emerging preeminent state research
  966  university that meets the criteria in paragraph (b) shall
  967  receive an amount of funding that is equal to one-half of the
  968  total increased amount awarded to each designated preeminent
  969  state research university.
  970         (6)PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
  971  INITIATIVE.—A state research university that, as of July 1,
  972  2013, meets 11 of the 12 academic and research excellence
  973  standards identified in subsection (2), as verified by the Board
  974  of Governors, shall submit to the Board of Governors a 5-year
  975  benchmark plan with target rankings on key performance metrics
  976  for national excellence. Upon the university’s meeting the
  977  benchmark plan goals annually, the Board of Governors shall
  978  award the university an amount specified in the General
  979  Appropriations Act to be provided annually throughout the 5-year
  980  period for the purpose of recruiting National Academy Members,
  981  expediting the provision of a master’s degree in cloud
  982  virtualization, and instituting an entrepreneurs-in-residence
  983  program throughout its campus. Funding for this purpose is
  984  contingent upon specific appropriation in the General
  985  Appropriations Act.
  986         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  987  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  988  educational experience, a university that is designated a
  989  preeminent state research university may require its incoming
  990  first-time-in-college students to take a six-credit 9-to-12
  991  credit set of unique courses specifically determined by the
  992  university and published on the university’s website. The
  993  university may stipulate that credit for such courses may not be
  994  earned through any acceleration mechanism pursuant to s. 1007.27
  995  or s. 1007.271 or any other transfer credit. All accelerated
  996  credits earned up to the limits specified in ss. 1007.27 and
  997  1007.271 shall be applied toward graduation at the student’s
  998  request.
  999         (7)(8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
 1000  AUTHORITY.—The Board of Governors is encouraged to identify and
 1001  grant all reasonable, feasible authority and flexibility to
 1002  ensure that each a designated preeminent state research
 1003  university and each designated emerging preeminent state
 1004  research university is free from unnecessary restrictions.
 1005         Section 10. Subsections (4) and (5) are added to section
 1006  1001.71, Florida Statutes, to read:
 1007         1001.71 University boards of trustees; membership.—
 1008         (4)Each university board of trustees shall select its
 1009  chair and vice chair from the appointed members. Each chair
 1010  shall serve for 2 years and may be reselected for one additional
 1011  consecutive 2-year term, except that, for each additional
 1012  consecutive term beyond two terms, by a two-thirds vote, the
 1013  board of trustees may reselect the chair for additional
 1014  consecutive 2-year terms. The chair shall preside at all
 1015  meetings of the board of trustees and may call special meetings
 1016  of the board. The chair shall also attest to actions of the
 1017  board of trustees. The chair shall notify the Governor or the
 1018  Board of Governors, as applicable, in writing whenever a board
 1019  member has three consecutive unexcused absences from regular
 1020  board meetings in any fiscal year, which may be grounds for
 1021  removal by the Governor or the Board of Governors, as
 1022  applicable.
 1023         (5)Each university board of trustees shall keep and,
 1024  within 2 weeks after a board meeting, post prominently on the
 1025  university’s website detailed meeting minutes for all meetings,
 1026  including the vote history and attendance of each trustee. The
 1027  Board of Governors shall adopt regulations to implement this
 1028  subsection.
 1029         Section 11. Section 1001.92, Florida Statutes, is amended
 1030  to read:
 1031         1001.92 State University System Performance-Based
 1032  Incentive.—
 1033         (1) A State University System Performance-Based Incentive
 1034  shall be awarded to state universities using performance-based
 1035  metrics adopted by the Board of Governors of the State
 1036  University System. The performance-based metrics must include
 1037  graduation rates;, retention rates;, postgraduation education
 1038  rates;, degree production;, affordability;, postgraduation
 1039  employment and salaries, including wage thresholds that reflect
 1040  the added value of a baccalaureate degree; access;, and other
 1041  metrics approved by the board in a formally noticed meeting. The
 1042  board shall adopt benchmarks to evaluate each state university’s
 1043  performance on the metrics to measure the state university’s
 1044  achievement of institutional excellence or need for improvement
 1045  and minimum requirements for eligibility to receive performance
 1046  funding.
 1047         (2) Each fiscal year, the amount of funds available for
 1048  allocation to the state universities based on the performance
 1049  based funding model metrics shall consist of the state’s
 1050  investment in appropriation for performance funding, including
 1051  increases in base funding plus institutional investments
 1052  consisting of funds deducted from the base funding of each state
 1053  university in the State University System, in an amount provided
 1054  in the General Appropriations Act. The Board of Governors shall
 1055  establish minimum performance funding eligibility thresholds for
 1056  the state’s investment and the institutional investments. A
 1057  state university that meets the minimum institutional investment
 1058  eligibility threshold, but fails to meet the minimum state
 1059  investment eligibility threshold, shall have its institutional
 1060  investment restored but is ineligible for a share of the state’s
 1061  investment in performance funding. The institutional investment
 1062  shall be restored for each institution eligible for the state’s
 1063  investment under the performance-based funding model metrics.
 1064         (3)(a) A state university that fails to meet the Board of
 1065  Governors’ minimum institutional investment performance funding
 1066  eligibility threshold shall have a portion of its institutional
 1067  investment withheld by the board and must submit an improvement
 1068  plan to the board that specifies the activities and strategies
 1069  for improving the state university’s performance. The board must
 1070  review and approve the improvement plan and, if the plan is
 1071  approved, must monitor the state university’s progress in
 1072  implementing the activities and strategies specified in the
 1073  improvement plan. The state university shall submit monitoring
 1074  reports to the board by December 31 and May 31 of each year in
 1075  which an improvement plan is in place. The ability of a state
 1076  university to submit an improvement plan to the board is limited
 1077  to 1 fiscal year.
 1078         (b) The Chancellor of the State University System shall
 1079  withhold disbursement of the institutional investment until the
 1080  monitoring report is approved by the Board of Governors. A state
 1081  university that is determined by the board to be making
 1082  satisfactory progress on implementing the improvement plan shall
 1083  receive no more than one-half of the withheld institutional
 1084  investment in January and the balance of the withheld
 1085  institutional investment in June. A state university that fails
 1086  to make satisfactory progress may not have its full
 1087  institutional investment restored. Any institutional investment
 1088  funds that are not restored shall be redistributed in accordance
 1089  with the board’s performance-based metrics.
 1090         (4) Distributions of performance funding, as provided in
 1091  this section, shall be made to each of the state universities
 1092  listed in the Education and General Activities category in the
 1093  General Appropriations Act.
 1094         (5) By October 1 of each year, the Board of Governors shall
 1095  submit to the Governor, the President of the Senate, and the
 1096  Speaker of the House of Representatives a report on the previous
 1097  fiscal year’s performance funding allocation which must reflect
 1098  the rankings and award distributions.
 1099         (6) The Board of Governors shall adopt regulations to
 1100  administer this section expires July 1, 2016.
 1101         Section 12. Subsection (4) of section 1003.4282, Florida
 1102  Statutes, is amended to read:
 1103         1003.4282 Requirements for a standard high school diploma.—
 1104         (4) ONLINE COURSE REQUIREMENT.—At least one course within
 1105  the 24 credits required under this section must be completed
 1106  through online learning. A school district may not require a
 1107  student to take the online course outside the school day or in
 1108  addition to a student’s courses for a given semester.
 1109         (a) An online course taken in grade 6, grade 7, or grade 8
 1110  fulfills the requirements of this subsection requirement. The
 1111  This requirement is met through an online course offered by the
 1112  Florida Virtual School, a virtual education provider approved by
 1113  the State Board of Education, a high school, or an online dual
 1114  enrollment course. A student who is enrolled in a full-time or
 1115  part-time virtual instruction program under s. 1002.45 meets the
 1116  this requirement.
 1117         (b)A district school board or a charter school governing
 1118  board, as applicable, may offer students the following options
 1119  to satisfy the online course requirements of this subsection:
 1120         1.Completion of a course in which a student earns a
 1121  nationally recognized industry certification in information
 1122  technology that is identified on the CAPE Industry Certification
 1123  Funding List pursuant to s. 1008.44 or passage of the
 1124  information technology certification examination without
 1125  enrollment in or completion of the corresponding course or
 1126  courses, as applicable.
 1127         2.Passage of an online content assessment, without
 1128  enrollment in or completion of the corresponding course or
 1129  courses, as applicable, by which the student demonstrates skills
 1130  and competency in locating information and applying technology
 1131  for instructional purposes.
 1132  
 1133  For purposes of this subsection, a school district may not
 1134  require a student to take the online course outside the school
 1135  day or in addition to a student’s courses for a given semester.
 1136  This subsection requirement does not apply to a student who has
 1137  an individual education plan under s. 1003.57 which indicates
 1138  that an online course would be inappropriate or to an out-of
 1139  state transfer student who is enrolled in a Florida high school
 1140  and has 1 academic year or less remaining in high school.
 1141         Section 13. Section 1013.62, Florida Statutes, is amended
 1142  to read:
 1143         1013.62 Charter schools capital outlay funding.—
 1144         (1) In each year in which funds are appropriated for
 1145  charter school capital outlay purposes, the Commissioner of
 1146  Education shall allocate the funds among eligible charter
 1147  schools as specified in this section.
 1148         (a) To be eligible for a funding allocation, a charter
 1149  school must:
 1150         1.a. Have been in operation for 2 3 or more years;
 1151         b. Be governed by a governing board established in the
 1152  state for 3 or more years which operates both charter schools
 1153  and conversion charter schools within the state;
 1154         c. Be an expanded feeder chain of a charter school within
 1155  the same school district that is currently receiving charter
 1156  school capital outlay funds;
 1157         d. Have been accredited by the Commission on Schools of the
 1158  Southern Association of Colleges and Schools; or
 1159         e. Serve students in facilities that are provided by a
 1160  business partner for a charter school-in-the-workplace pursuant
 1161  to s. 1002.33(15)(b).
 1162         2. Have an annual audit that does not reveal any of the
 1163  financial emergency conditions provided in s. 218.503(1) for the
 1164  most recent fiscal year for which such audit results are
 1165  available stability for future operation as a charter school.
 1166         3. Have satisfactory student achievement based on state
 1167  accountability standards applicable to the charter school.
 1168         4. Have received final approval from its sponsor pursuant
 1169  to s. 1002.33 for operation during that fiscal year.
 1170         5. Serve students in facilities that are not provided by
 1171  the charter school’s sponsor.
 1172         (b) The first priority for charter school capital outlay
 1173  funding is to allocate to charter schools that received funding
 1174  in the 2005-2006 fiscal year an allocation of the same amount
 1175  per capital outlay full-time equivalent student, up to the
 1176  lesser of the actual number of capital outlay full-time
 1177  equivalent students in the current year, or the capital outlay
 1178  full-time equivalent students in the 2005-2006 fiscal year.
 1179  After calculating the first priority, the second priority is to
 1180  allocate excess funds remaining in the appropriation in an
 1181  amount equal to the per capital outlay full-time equivalent
 1182  student amount in the first priority calculation to eligible
 1183  charter schools not included in the first priority calculation
 1184  and to schools in the first priority calculation with growth
 1185  greater than the 2005-2006 capital outlay full-time equivalent
 1186  students. After calculating the first and second priorities,
 1187  excess funds remaining in the appropriation must be allocated to
 1188  all eligible charter schools.
 1189         (c) A charter school’s allocation may not exceed one
 1190  fifteenth of the cost per student station specified in s.
 1191  1013.64(6)(b). Before releasing capital outlay funds to a school
 1192  district on behalf of the charter school, the Department of
 1193  Education must ensure that the district school board and the
 1194  charter school governing board enter into a written agreement
 1195  that provides for the reversion of any unencumbered funds and
 1196  all equipment and property purchased with public education funds
 1197  to the ownership of the district school board, as provided for
 1198  in subsection (3) if the school terminates operations. Any funds
 1199  recovered by the state shall be deposited in the General Revenue
 1200  Fund.
 1201         (b)(d) A charter school is not eligible for a funding
 1202  allocation if it was created by the conversion of a public
 1203  school and operates in facilities provided by the charter
 1204  school’s sponsor for a nominal fee, or at no charge, or if it is
 1205  directly or indirectly operated by the school district.
 1206         (c) The funding allocation for eligible charter schools
 1207  shall be calculated as follows:
 1208         1. Eligible charter schools shall be grouped into
 1209  categories based on their student populations according to the
 1210  following criteria:
 1211         a. Seventy-five percent or greater who are eligible for
 1212  free or reduced-price school lunch.
 1213         b. Twenty-five percent or greater with disabilities as
 1214  defined in state board rule and consistent with the requirements
 1215  of the Individuals with Disabilities Education Act.
 1216         2. If an eligible charter school does not meet the criteria
 1217  for either category under subparagraph 1., its FTE shall be
 1218  provided as the base amount of funding and shall be assigned a
 1219  weight of 1.0. An eligible charter school that meets the
 1220  criteria under sub-subparagraph 1.a. or sub-subparagraph 1.b.
 1221  shall be provided an additional 25 percent above the base
 1222  funding amount, and the total FTE shall be multiplied by a
 1223  weight of 1.25. An eligible charter school that meets the
 1224  criteria under both sub-subparagraphs 1.a. and 1.b. shall be
 1225  provided an additional 50 percent above the base funding amount,
 1226  and the FTE for that school shall be multiplied by a weight of
 1227  1.5.
 1228         3. The state appropriation for charter school capital
 1229  outlay shall be divided by the total weighted FTE for all
 1230  eligible charter schools to determine the base charter school
 1231  per weighted FTE allocation amount. The per weighted FTE
 1232  allocation amount shall be multiplied by the weighted FTE to
 1233  determine each charter school’s capital outlay allocation.
 1234         (e) Unless otherwise provided in the General Appropriations
 1235  Act, the funding allocation for each eligible charter school is
 1236  determined by multiplying the school’s projected student
 1237  enrollment by one-fifteenth of the cost-per-student station
 1238  specified in s. 1013.64(6)(b) for an elementary, middle, or high
 1239  school, as appropriate. If the funds appropriated are not
 1240  sufficient, the commissioner shall prorate the available funds
 1241  among eligible charter schools. However, a charter school or
 1242  charter lab school may not receive state charter school capital
 1243  outlay funds greater than the one-fifteenth cost per student
 1244  station formula if the charter school’s combination of state
 1245  charter school capital outlay funds, capital outlay funds
 1246  calculated through the reduction in the administrative fee
 1247  provided in s. 1002.33(20), and capital outlay funds allowed in
 1248  s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
 1249  student station formula.
 1250         (2)(a)(f)The department shall calculate the eligible
 1251  charter school funding allocations. Funds shall be allocated
 1252  using distributed on the basis of the capital outlay full-time
 1253  equivalent membership from by grade level, which is calculated
 1254  by averaging the results of the second and third enrollment
 1255  surveys and free and reduced-price school lunch data. The
 1256  department shall recalculate the allocations periodically based
 1257  on the receipt of revised information, on a schedule established
 1258  by the Commissioner of Education.
 1259         (b) The department of Education shall distribute capital
 1260  outlay funds monthly, beginning in the first quarter of the
 1261  fiscal year, based on one-twelfth of the amount the department
 1262  reasonably expects the charter school to receive during that
 1263  fiscal year. The commissioner shall adjust subsequent
 1264  distributions as necessary to reflect each charter school’s
 1265  recalculated allocation actual student enrollment as reflected
 1266  in the second and third enrollment surveys. The commissioner
 1267  shall establish the intervals and procedures for determining the
 1268  projected and actual student enrollment of eligible charter
 1269  schools.
 1270         (3)(2) A charter school’s governing body may use charter
 1271  school capital outlay funds for the following purposes:
 1272         (a) Purchase of real property.
 1273         (b) Construction of school facilities.
 1274         (c) Purchase, lease-purchase, or lease of permanent or
 1275  relocatable school facilities.
 1276         (d) Purchase of vehicles to transport students to and from
 1277  the charter school.
 1278         (e) Renovation, repair, and maintenance of school
 1279  facilities that the charter school owns or is purchasing through
 1280  a lease-purchase or long-term lease of 5 years or longer.
 1281         (f) Effective July 1, 2008, purchase, lease-purchase, or
 1282  lease of new and replacement equipment, and enterprise resource
 1283  software applications that are classified as capital assets in
 1284  accordance with definitions of the Governmental Accounting
 1285  Standards Board, have a useful life of at least 5 years, and are
 1286  used to support schoolwide administration or state-mandated
 1287  reporting requirements.
 1288         (g) Payment of the cost of premiums for property and
 1289  casualty insurance necessary to insure the school facilities.
 1290         (h) Purchase, lease-purchase, or lease of driver’s
 1291  education vehicles; motor vehicles used for the maintenance or
 1292  operation of plants and equipment; security vehicles; or
 1293  vehicles used in storing or distributing materials and
 1294  equipment.
 1295  
 1296  Conversion charter schools may use capital outlay funds received
 1297  through the reduction in the administrative fee provided in s.
 1298  1002.33(20) for renovation, repair, and maintenance of school
 1299  facilities that are owned by the sponsor.
 1300         (4)(3)If When a charter school is nonrenewed or
 1301  terminated, any unencumbered funds and all equipment and
 1302  property purchased with district public funds shall revert to
 1303  the ownership of the district school board, as provided for in
 1304  s. 1002.33(8)(e) and (f). In the case of a charter lab school,
 1305  any unencumbered funds and all equipment and property purchased
 1306  with university public funds shall revert to the ownership of
 1307  the state university that issued the charter. The reversion of
 1308  such equipment, property, and furnishings shall focus on
 1309  recoverable assets, but not on intangible or irrecoverable costs
 1310  such as rental or leasing fees, normal maintenance, and limited
 1311  renovations. The reversion of all property secured with public
 1312  funds is subject to the complete satisfaction of all lawful
 1313  liens or encumbrances. If there are additional local issues such
 1314  as the shared use of facilities or partial ownership of
 1315  facilities or property, these issues shall be agreed to in the
 1316  charter contract prior to the expenditure of funds.
 1317         (5)(4) The Commissioner of Education shall specify
 1318  procedures for submitting and approving requests for funding
 1319  under this section and procedures for documenting expenditures.
 1320         (6)(5) The annual legislative budget request of the
 1321  Department of Education shall include a request for capital
 1322  outlay funding for charter schools. The request shall be based
 1323  on the projected number of students to be served in charter
 1324  schools who meet the eligibility requirements of this section. A
 1325  dedicated funding source, if identified in writing by the
 1326  Commissioner of Education and submitted along with the annual
 1327  charter school legislative budget request, may be considered an
 1328  additional source of funding.
 1329         (6) Unless authorized otherwise by the Legislature,
 1330  allocation and proration of charter school capital outlay funds
 1331  shall be made to eligible charter schools by the Commissioner of
 1332  Education in an amount and in a manner authorized by subsection
 1333  (1).
 1334         Section 14. Paragraphs (a) and (b) of subsection (2) and
 1335  paragraphs (b) through (e) of subsection (6) of section 1013.64,
 1336  Florida Statutes, are amended to read:
 1337         1013.64 Funds for comprehensive educational plant needs;
 1338  construction cost maximums for school district capital
 1339  projects.—Allocations from the Public Education Capital Outlay
 1340  and Debt Service Trust Fund to the various boards for capital
 1341  outlay projects shall be determined as follows:
 1342         (2)(a) The department shall establish, as a part of the
 1343  Public Education Capital Outlay and Debt Service Trust Fund, a
 1344  separate account, in an amount determined by the Legislature, to
 1345  be known as the “Special Facility Construction Account.” The
 1346  Special Facility Construction Account shall be used to provide
 1347  necessary construction funds to school districts which have
 1348  urgent construction needs but which lack sufficient resources at
 1349  present, and cannot reasonably anticipate sufficient resources
 1350  within the period of the next 3 years, for these purposes from
 1351  currently authorized sources of capital outlay revenue. A school
 1352  district requesting funding from the Special Facility
 1353  Construction Account shall submit one specific construction
 1354  project, not to exceed one complete educational plant, to the
 1355  Special Facility Construction Committee. A No district may not
 1356  shall receive funding for more than one approved project in any
 1357  3-year period or while any portion of the district’s
 1358  participation requirement is outstanding. The first year of the
 1359  3-year period shall be the first year a district receives an
 1360  appropriation. The department shall encourage a construction
 1361  program that reduces the average size of schools in the
 1362  district. The request must meet the following criteria to be
 1363  considered by the committee:
 1364         1. The project must be deemed a critical need and must be
 1365  recommended for funding by the Special Facility Construction
 1366  Committee. Before Prior to developing construction plans for the
 1367  proposed facility, the district school board must request a
 1368  preapplication review by the Special Facility Construction
 1369  Committee or a project review subcommittee convened by the chair
 1370  of the committee to include two representatives of the
 1371  department and two staff members from school districts not
 1372  eligible to participate in the program. A school district may
 1373  request a preapplication review at any time; however, if the
 1374  district school board seeks inclusion in the department’s next
 1375  annual capital outlay legislative budget request, the
 1376  preapplication review request must be made before February 1.
 1377  Within 90 60 days after receiving the preapplication review
 1378  request, the committee or subcommittee must meet in the school
 1379  district to review the project proposal and existing facilities.
 1380  To determine whether the proposed project is a critical need,
 1381  the committee or subcommittee shall consider, at a minimum, the
 1382  capacity of all existing facilities within the district as
 1383  determined by the Florida Inventory of School Houses; the
 1384  district’s pattern of student growth; the district’s existing
 1385  and projected capital outlay full-time equivalent student
 1386  enrollment as determined by the demographic, revenue, and
 1387  education estimating conferences established in s. 216.136
 1388  department; the district’s existing satisfactory student
 1389  stations; the use of all existing district property and
 1390  facilities; grade level configurations; and any other
 1391  information that may affect the need for the proposed project.
 1392         2. The construction project must be recommended in the most
 1393  recent survey or survey amendment cooperatively prepared surveys
 1394  by the district and the department, and approved by the
 1395  department under the rules of the State Board of Education. If a
 1396  district employs a consultant in the preparation of a survey or
 1397  survey amendment, the consultant may not be employed by or
 1398  receive compensation from a third party that designs or
 1399  constructs a project recommended by the survey.
 1400         3. The construction project must appear on the district’s
 1401  approved project priority list under the rules of the State
 1402  Board of Education.
 1403         4. The district must have selected and had approved a site
 1404  for the construction project in compliance with s. 1013.36 and
 1405  the rules of the State Board of Education.
 1406         5. The district shall have developed a district school
 1407  board adopted list of facilities that do not exceed the norm for
 1408  net square feet occupancy requirements under the State
 1409  Requirements for Educational Facilities, using all possible
 1410  programmatic combinations for multiple use of space to obtain
 1411  maximum daily use of all spaces within the facility under
 1412  consideration.
 1413         6. Upon construction, the total cost per student station,
 1414  including change orders, must not exceed the cost per student
 1415  station as provided in subsection (6) except for cost overruns
 1416  created by a disaster as defined in s. 252.34 or an
 1417  unforeseeable circumstance beyond the district’s control as
 1418  determined by the Special Facility Construction Committee.
 1419         7. There shall be an agreement signed by the district
 1420  school board stating that it will advertise for bids within 30
 1421  days of receipt of its encumbrance authorization from the
 1422  department.
 1423         8. For construction projects for which Special Facilities
 1424  Construction Account funding is sought before the 2019-2020
 1425  fiscal year, the district shall, at the time of the request and
 1426  for a continuing period necessary to meet the district’s
 1427  participation requirement of 3 years, levy the maximum millage
 1428  against its their nonexempt assessed property value as allowed
 1429  in s. 1011.71(2) or shall raise an equivalent amount of revenue
 1430  from the school capital outlay surtax authorized under s.
 1431  212.055(6). Beginning with construction projects for which
 1432  Special Facilities Construction Account funding is sought in the
 1433  2019-2020 fiscal year, the district shall, for a minimum of 3
 1434  years before submitting the request and for a continuing period
 1435  necessary to meet its participation requirement, levy the
 1436  maximum millage against the district’s nonexempt assessed
 1437  property value as authorized under s. 1011.71(2) or shall raise
 1438  an equivalent amount of revenue from the school capital outlay
 1439  surtax authorized under s. 212.055(6). Any district with a new
 1440  or active project, funded under the provisions of this
 1441  subsection, shall be required to budget no more than the value
 1442  of 1 mill 1.5 mills per year to the project until the district’s
 1443  to satisfy the annual participation requirement relating to the
 1444  local discretionary capital improvement millage or the
 1445  equivalent amount of revenue from the school capital outlay
 1446  surtax is satisfied in the Special Facility Construction
 1447  Account.
 1448         9. If a contract has not been signed 90 days after the
 1449  advertising of bids, the funding for the specific project shall
 1450  revert to the Special Facility New Construction Account to be
 1451  reallocated to other projects on the list. However, an
 1452  additional 90 days may be granted by the commissioner.
 1453         10. The department shall certify the inability of the
 1454  district to fund the survey-recommended project over a
 1455  continuous 3-year period using projected capital outlay revenue
 1456  derived from s. 9(d), Art. XII of the State Constitution, as
 1457  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
 1458         11. The district shall have on file with the department an
 1459  adopted resolution acknowledging its 3-year commitment to
 1460  satisfy its participation requirement, which is equivalent to of
 1461  all unencumbered and future revenue acquired from s. 9(d), Art.
 1462  XII of the State Constitution, as amended, paragraph (3)(a) of
 1463  this section, and s. 1011.71(2), in the year of the initial
 1464  appropriation and for the 2 years immediately following the
 1465  initial appropriation.
 1466         12. Final phase III plans must be certified by the district
 1467  school board as complete and in compliance with the building and
 1468  life safety codes before June 1 of the year the application is
 1469  made prior to August 1.
 1470         (b) The Special Facility Construction Committee shall be
 1471  composed of the following: two representatives of the Department
 1472  of Education, a representative from the Governor’s office, a
 1473  representative selected annually by the district school boards,
 1474  and a representative selected annually by the superintendents. A
 1475  representative of the department shall chair the committee.
 1476         (6)
 1477         (b)1. A district school board may must not use funds from
 1478  the following sources: Public Education Capital Outlay and Debt
 1479  Service Trust Fund; School District and Community College
 1480  District Capital Outlay and Debt Service Trust Fund; Classrooms
 1481  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
 1482  levy of ad valorem property taxes provided in s. 1011.71(2);
 1483  Classrooms for Kids Program funds provided in s. 1013.735;
 1484  District Effort Recognition Program funds provided in s.
 1485  1013.736; or High Growth District Capital Outlay Assistance
 1486  Grant Program funds provided in s. 1013.738 for any new
 1487  construction of educational plant space with a total cost per
 1488  student station, including change orders, that equals more than:
 1489         a. $17,952 for an elementary school,
 1490         b. $19,386 for a middle school, or
 1491         c. $25,181 for a high school,
 1492  
 1493  (January 2006) as adjusted annually to reflect increases or
 1494  decreases in the Consumer Price Index.
 1495         2. School districts shall maintain accurate documentation
 1496  related to the costs of all new construction of educational
 1497  plant space reported to the Department of Education pursuant to
 1498  paragraph (d). The Auditor General shall review the
 1499  documentation maintained by the school districts and verify
 1500  compliance with the limits under this paragraph during its
 1501  scheduled operational audits of the school district. The
 1502  department shall make the final determination on district
 1503  compliance based on the recommendation of the Auditor General.
 1504         3. The Office of Economic and Demographic Research, in
 1505  consultation with the department, shall conduct a study of the
 1506  cost per student station amounts using the most recent available
 1507  information on construction costs. In this study, the costs per
 1508  student station should represent the costs of classroom
 1509  construction and administrative offices as well as the
 1510  supplemental costs of core facilities, including required media
 1511  centers, gymnasiums, music rooms, cafeterias and their
 1512  associated kitchens and food service areas, vocational areas,
 1513  and other defined specialty areas, including exceptional student
 1514  education areas. The study must take into account appropriate
 1515  cost-effectiveness factors in school construction and should
 1516  include input from industry experts. The Office of Economic and
 1517  Demographic Research must provide the results of the study and
 1518  recommendations on the cost per student station to the Governor,
 1519  the President of the Senate, and the Speaker of the House of
 1520  Representatives no later than January 31, 2017.
 1521         4. The Office of Program Policy Analysis and Government
 1522  Accountability (OPPAGA) shall conduct a study of the State
 1523  Requirements for Education Facilities (SREF) to identify current
 1524  requirements that can be eliminated or modified in order to
 1525  decrease the cost of construction of educational facilities
 1526  while ensuring student safety. OPPAGA must provide the results
 1527  of the study, and an overall recommendation as to whether SREF
 1528  should be retained, to the Governor, the President of the
 1529  Senate, and the Speaker of the House of Representatives no later
 1530  than January 31, 2017.
 1531         5. Effective July 1, 2017, in addition to the funding
 1532  sources listed in subparagraph 1., a district school board may
 1533  not use funds from any sources for new construction of
 1534  educational plant space with a total cost per student station,
 1535  including change orders, which equals more than the current
 1536  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
 1537  shall subsequently be adjusted annually to reflect increases or
 1538  decreases in the Consumer Price Index.
 1539         6.2. A district school board must not use funds from the
 1540  Public Education Capital Outlay and Debt Service Trust Fund or
 1541  the School District and Community College District Capital
 1542  Outlay and Debt Service Trust Fund for any new construction of
 1543  an ancillary plant that exceeds 70 percent of the average cost
 1544  per square foot of new construction for all schools.
 1545         (c) Except as otherwise provided, new construction
 1546  initiated by a district school board on or after July 1, 2017,
 1547  may after June 30, 1997, must not exceed the cost per student
 1548  station as provided in paragraph (b). A school district that
 1549  exceeds the cost per student station provided in paragraph (b),
 1550  as determined by the Auditor General, shall be subject to
 1551  sanctions. If the Auditor General determines that the cost per
 1552  student station overage is de minimus or due to extraordinary
 1553  circumstances outside the control of the district, the sanctions
 1554  shall not apply. The sanctions are as follows:
 1555         1. The school district shall be ineligible for allocations
 1556  from the Public Education Capital Outlay and Debt Service Trust
 1557  Fund for the next 3 years in which the school district would
 1558  have received allocations had the violation not occurred.
 1559         2. The school district shall be subject to the supervision
 1560  of a district capital outlay oversight committee. The oversight
 1561  committee is authorized to approve all capital outlay
 1562  expenditures of the school district, including new construction,
 1563  renovations, and remodeling, for 3 fiscal years following the
 1564  violation.
 1565         a. Each oversight committee shall be composed of the
 1566  following:
 1567         (I) One appointee of the Commissioner of Education who has
 1568  significant financial management, school facilities
 1569  construction, or related experience.
 1570         (II) One appointee of the office of the state attorney with
 1571  jurisdiction over the district.
 1572         (III) One appointee of the Chief Financial Officer who is a
 1573  licensed certified public accountant.
 1574         b. An appointee to the oversight committee may not be
 1575  employed by the school district; be a relative, as defined in s.
 1576  1002.33(24)(a)2., of any school district employee; or be an
 1577  elected official. Each appointee must sign an affidavit
 1578  attesting to these conditions and affirming that no conflict of
 1579  interest exists in his or her oversight role.
 1580         (d) The department shall:
 1581         1. Compute for each calendar year the statewide average
 1582  construction costs for facilities serving each instructional
 1583  level, for relocatable educational facilities, for
 1584  administrative facilities, and for other ancillary and auxiliary
 1585  facilities. The department shall compute the statewide average
 1586  costs per student station for each instructional level.
 1587         2. Annually review the actual completed construction costs
 1588  of educational facilities in each school district. For any
 1589  school district in which the total actual cost per student
 1590  station, including change orders, exceeds the statewide limits
 1591  established in paragraph (b), the school district shall report
 1592  to the department the actual cost per student station and the
 1593  reason for the school district’s inability to adhere to the
 1594  limits established in paragraph (b). The department shall
 1595  collect all such reports and shall provide these reports to the
 1596  Auditor General for verification purposes report to the
 1597  Governor, the President of the Senate, and the Speaker of the
 1598  House of Representatives by December 31 of each year a summary
 1599  of each school district’s spending in excess of the cost per
 1600  student station provided in paragraph (b) as reported by the
 1601  school districts.
 1602  
 1603  Cost per student station includes contract costs, legal and
 1604  administrative costs, fees of architects and engineers,
 1605  furniture and equipment, and site improvement costs. Cost per
 1606  student station does not include the cost of purchasing or
 1607  leasing the site for the construction or the cost of related
 1608  offsite improvements.
 1609         (e) The restrictions of this subsection on the cost per
 1610  student station of new construction do not apply to a project
 1611  funded entirely from proceeds received by districts through
 1612  provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
 1613  State Constitution, if the school board approves the project by
 1614  majority vote.
 1615         Section 15. Paragraph (a) of subsection (3) of section
 1616  1002.37, Florida Statutes, is amended to read:
 1617         1002.37 The Florida Virtual School.—
 1618         (3) Funding for the Florida Virtual School shall be
 1619  provided as follows:
 1620         (a)1. The calculation of “full-time equivalent student”
 1621  shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject
 1622  to s. 1011.61(4) For a student in grades 9 through 12, a “full
 1623  time equivalent student” is one student who has successfully
 1624  completed six full-credit courses that count toward the minimum
 1625  number of credits required for high school graduation. A student
 1626  who completes fewer than six full-credit courses is a fraction
 1627  of a full-time equivalent student. Half-credit course
 1628  completions shall be included in determining a full-time
 1629  equivalent student.
 1630         2. For a student in kindergarten through grade 8, a “full
 1631  time equivalent student” is one student who has successfully
 1632  completed six courses or the prescribed level of content that
 1633  counts toward promotion to the next grade. A student who
 1634  completes fewer than six courses or the prescribed level of
 1635  content shall be a fraction of a full-time equivalent student.
 1636         2.3. For a student in a home education program, funding
 1637  shall be provided in accordance with this subsection upon course
 1638  completion if the parent verifies, upon enrollment for each
 1639  course, that the student is registered with the school district
 1640  as a home education student pursuant to s. 1002.41(1)(a).
 1641  Beginning in the 2016-2017 fiscal year, the reported full-time
 1642  equivalent students and associated funding of students enrolled
 1643  in courses requiring passage of an end-of-course assessment
 1644  under s. 1003.4282 to earn a standard high school diploma shall
 1645  be adjusted if the student does not pass the end-of-course
 1646  assessment. However, no adjustment shall be made for home
 1647  education program students who choose not to take an end-of
 1648  course assessment or for a student who enrolls in a segmented
 1649  remedial course delivered online.
 1650  
 1651  For purposes of this paragraph, the calculation of “full-time
 1652  equivalent student” shall be as prescribed in s.
 1653  1011.61(1)(c)1.b.(V) and is subject to the requirements in s.
 1654  1011.61(4).
 1655         Section 16. Subsection (4) is added to section 1002.391,
 1656  Florida Statutes, to read:
 1657         1002.391 Auditory-oral education programs.—
 1658         (4) Beginning with the 2017-2018 school year, a school
 1659  district shall add four special consideration points to the
 1660  calculation of a matrix of services for a student who is deaf
 1661  and enrolled in an auditory-oral education program.
 1662         Section 17. Paragraphs (c) and (d) of subsection (1),
 1663  paragraph (e) of subsection (7), and paragraphs (c) and (d) of
 1664  subsection (8) of section 1002.45, Florida Statutes, are amended
 1665  to read:
 1666         1002.45 Virtual instruction programs.—
 1667         (1) PROGRAM.—
 1668         (c) To provide students with the option of participating in
 1669  virtual instruction programs as required by paragraph (b), a
 1670  school district may:
 1671         1. Contract with the Florida Virtual School or establish a
 1672  franchise of the Florida Virtual School for the provision of a
 1673  program under paragraph (b). Using this option is subject to the
 1674  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
 1675  (IV) and (4). A district may report full-time equivalent student
 1676  membership for credit earned by a student who is enrolled in a
 1677  virtual education course provided by the district which was
 1678  completed after the end of the regular school year if the FTE is
 1679  reported no later than the deadline for amending the final
 1680  student membership report for that year.
 1681         2. Contract with an approved provider under subsection (2)
 1682  for the provision of a full-time or part-time program under
 1683  paragraph (b).
 1684         3. Enter into an agreement with other school districts to
 1685  allow the participation of its students in an approved virtual
 1686  instruction program provided by the other school district. The
 1687  agreement must indicate a process for the transfer of funds
 1688  required by paragraph (7)(e) (7)(f).
 1689         4. Establish school district operated part-time or full
 1690  time kindergarten through grade 12 virtual instruction programs
 1691  under paragraph (b) for students enrolled in the school
 1692  district. A full-time program shall operate under its own Master
 1693  School Identification Number.
 1694         5. Enter into an agreement with a virtual charter school
 1695  authorized by the school district under s. 1002.33.
 1696  
 1697  Contracts under subparagraph 1. or subparagraph 2. may include
 1698  multidistrict contractual arrangements that may be executed by a
 1699  regional consortium for its member districts. A multidistrict
 1700  contractual arrangement or an agreement under subparagraph 3. is
 1701  not subject to s. 1001.42(4)(d) and does not require the
 1702  participating school districts to be contiguous. These
 1703  arrangements may be used to fulfill the requirements of
 1704  paragraph (b).
 1705         (d) A virtual charter school may provide full-time virtual
 1706  instruction for students in kindergarten through grade 12 if the
 1707  virtual charter school has a charter approved pursuant to s.
 1708  1002.33 authorizing full-time virtual instruction. A virtual
 1709  charter school may:
 1710         1. Contract with the Florida Virtual School.
 1711         2. Contract with an approved provider under subsection (2).
 1712         3. Enter into an agreement with a school district to allow
 1713  the participation of the virtual charter school’s students in
 1714  the school district’s virtual instruction program. The agreement
 1715  must indicate a process for reporting of student enrollment and
 1716  the transfer of funds required by paragraph (7)(e) (7)(f).
 1717         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
 1718  FUNDING.—
 1719         (e) Beginning in the 2016-2017 fiscal year, the reported
 1720  full-time equivalent students and associated funding of students
 1721  enrolled in courses requiring passage of an end-of-course
 1722  assessment under s. 1003.4282 to earn a standard high school
 1723  diploma shall be adjusted if the student does not pass the end
 1724  of-course assessment. However, no adjustment shall be made for a
 1725  student who enrolls in a segmented remedial course delivered
 1726  online.
 1727         (8) ASSESSMENT AND ACCOUNTABILITY.—
 1728         (c) An approved provider that receives a school grade of
 1729  “D” or “F” under s. 1008.34 or a school improvement rating of
 1730  “Unsatisfactory” “Declining” under s. 1008.341 must file a
 1731  school improvement plan with the department for consultation to
 1732  determine the causes for low performance and to develop a plan
 1733  for correction and improvement.
 1734         (d) An approved provider’s contract must be terminated if
 1735  the provider receives a school grade of “D” or “F” under s.
 1736  1008.34 or a school improvement rating of “Unsatisfactory”
 1737  “Declining” under s. 1008.341 for 2 years during any consecutive
 1738  4-year period or has violated any qualification requirement
 1739  pursuant to subsection (2). A provider that has a contract
 1740  terminated under this paragraph may not be an approved provider
 1741  for a period of at least 1 year after the date upon which the
 1742  contract was terminated and until the department determines that
 1743  the provider is in compliance with subsection (2) and has
 1744  corrected each cause of the provider’s low performance.
 1745         Section 18. Section 1003.3101, Florida Statutes, is created
 1746  to read:
 1747         1003.3101 Additional educational choice options.—Each
 1748  school district board shall establish a transfer process for a
 1749  parent to request his or her child be transferred to another
 1750  classroom teacher. This section does not give a parent the right
 1751  to choose a specific classroom teacher. A school must approve or
 1752  deny the transfer within 2 weeks after receiving a request. If a
 1753  request for transfer is denied, the school must notify the
 1754  parent and specify the reasons for the denial. An explanation of
 1755  the transfer process must be made available in the student
 1756  handbook or a similar publication.
 1757         Section 19. Subsection (3) of section 1003.4295, Florida
 1758  Statutes, is amended to read:
 1759         1003.4295 Acceleration options.—
 1760         (3) The Credit Acceleration Program (CAP) is created for
 1761  the purpose of allowing a student to earn high school credit in
 1762  courses required for high school graduation through passage of
 1763  an end–of-course assessment Algebra I, Algebra II, geometry,
 1764  United States history, or biology if the student passes the
 1765  statewide, standardized assessment administered under s.
 1766  1008.22, an Advanced Placement Examination, or a College Level
 1767  Examination Program (CLEP). Notwithstanding s. 1003.436, a
 1768  school district shall award course credit to a student who is
 1769  not enrolled in the course, or who has not completed the course,
 1770  if the student attains a passing score on the corresponding end
 1771  of-course assessment, Advanced Placement Examination, or CLEP
 1772  statewide, standardized assessment. The school district shall
 1773  permit a public school or home education student who is not
 1774  enrolled in the course, or who has not completed the course, to
 1775  take the assessment or examination during the regular
 1776  administration of the assessment or examination.
 1777         Section 20. Effective June 29, 2016, section 1004.935,
 1778  Florida Statutes, is amended to read:
 1779         1004.935 Adults with Disabilities Workforce Education Pilot
 1780  Program.—
 1781         (1) The Adults with Disabilities Workforce Education Pilot
 1782  Program is established in the Department of Education through
 1783  June 30, 2016, in Hardee, DeSoto, Manatee, and Sarasota Counties
 1784  to provide the option of receiving a scholarship for instruction
 1785  at private schools for up to 30 students who:
 1786         (a) Have a disability;
 1787         (b) Are 22 years of age;
 1788         (c) Are receiving instruction from an instructor in a
 1789  private school to meet the high school graduation requirements
 1790  in s. 1002.3105(5) or s. 1003.4282;
 1791         (d) Do not have a standard high school diploma or a special
 1792  high school diploma; and
 1793         (e) Receive “supported employment services,” which means
 1794  employment that is located or provided in an integrated work
 1795  setting with earnings paid on a commensurate wage basis and for
 1796  which continued support is needed for job maintenance.
 1797  
 1798  As used in this section, the term “student with a disability”
 1799  includes a student who is documented as having an intellectual
 1800  disability; a speech impairment; a language impairment; a
 1801  hearing impairment, including deafness; a visual impairment,
 1802  including blindness; a dual sensory impairment; an orthopedic
 1803  impairment; another health impairment; an emotional or
 1804  behavioral disability; a specific learning disability,
 1805  including, but not limited to, dyslexia, dyscalculia, or
 1806  developmental aphasia; a traumatic brain injury; a developmental
 1807  delay; or autism spectrum disorder.
 1808         (2) A student participating in the pilot program may
 1809  continue to participate in the program until the student
 1810  graduates from high school or reaches the age of 40 years,
 1811  whichever occurs first.
 1812         (3) Supported employment services may be provided at more
 1813  than one site.
 1814         (4) The provider of supported employment services must be a
 1815  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
 1816  Code which serves Hardee County, DeSoto County, Manatee County,
 1817  or Sarasota County and must contract with a private school in
 1818  this state which meets the requirements in subsection (5).
 1819         (5) A private school that participates in the pilot program
 1820  may be sectarian or nonsectarian and must:
 1821         (a) Be academically accountable for meeting the educational
 1822  needs of the student by annually providing to the provider of
 1823  supported employment services a written explanation of the
 1824  student’s progress.
 1825         (b) Comply with the antidiscrimination provisions of 42
 1826  U.S.C. s. 2000d.
 1827         (c) Meet state and local health and safety laws and codes.
 1828         (d) Provide to the provider of supported employment
 1829  services all documentation required for a student’s
 1830  participation, including the private school’s and student’s fee
 1831  schedules, at least 30 days before any quarterly scholarship
 1832  payment is made for the student. A student is not eligible to
 1833  receive a quarterly scholarship payment if the private school
 1834  fails to meet this deadline.
 1835  
 1836  The inability of a private school to meet the requirements of
 1837  this subsection constitutes a basis for the ineligibility of the
 1838  private school to participate in the pilot program.
 1839         (6)(a) If the student chooses to participate in the pilot
 1840  program and is accepted by the provider of supported employment
 1841  services, the student must notify the Department of Education of
 1842  his or her acceptance into the program 60 days before the first
 1843  scholarship payment and before participating in the pilot
 1844  program in order to be eligible for the scholarship.
 1845         (b) Upon receipt of a scholarship warrant, the student or
 1846  parent to whom the warrant is made must restrictively endorse
 1847  the warrant to the provider of supported employment services for
 1848  deposit into the account of the provider. The student or parent
 1849  may not designate any entity or individual associated with the
 1850  participating provider of supported employment services as the
 1851  student’s or parent’s attorney in fact to endorse a scholarship
 1852  warrant. A participant who fails to comply with this paragraph
 1853  forfeits the scholarship.
 1854         (7) Funds for the scholarship shall be provided from the
 1855  appropriation from the school district’s Workforce Development
 1856  Fund in the General Appropriations Act for students who reside
 1857  in the Hardee County School District, the DeSoto County School
 1858  District, the Manatee County School District, or the Sarasota
 1859  County School District. During the pilot program, The
 1860  scholarship amount granted for an eligible student with a
 1861  disability shall be equal to the cost per unit of a full-time
 1862  equivalent adult general education student, multiplied by the
 1863  adult general education funding factor, and multiplied by the
 1864  district cost differential pursuant to the formula required by
 1865  s. 1011.80(6)(a) for the district in which the student resides.
 1866         (8) Upon notification by the Department of Education that
 1867  it has received the required documentation, the Chief Financial
 1868  Officer shall make scholarship payments in four equal amounts no
 1869  later than September 1, November 1, February 1, and April 1 of
 1870  each academic year in which the scholarship is in force. The
 1871  initial payment shall be made after the Department of Education
 1872  verifies that the student was accepted into the pilot program,
 1873  and subsequent payments shall be made upon verification of
 1874  continued participation in the pilot program. Payment must be by
 1875  individual warrant made payable to the student or parent and
 1876  mailed by the Department of Education to the provider of
 1877  supported employment services, and the student or parent shall
 1878  restrictively endorse the warrant to the provider of supported
 1879  employment services for deposit into the account of that
 1880  provider.
 1881         (9) Subsequent to each scholarship payment, the Department
 1882  of Education shall request from the Department of Financial
 1883  Services a sample of endorsed warrants to review and confirm
 1884  compliance with endorsement requirements.
 1885         Section 21. Subsection (3) and paragraph (a) of subsection
 1886  (8) of section 1006.15, Florida Statutes, are amended, and
 1887  subsection (9) is added to that section, to read:
 1888         1006.15 Student standards for participation in
 1889  interscholastic and intrascholastic extracurricular student
 1890  activities; regulation.—
 1891         (3)(a) As used in this section and s. 1006.20, the term
 1892  “eligible to participate” includes, but is not limited to, a
 1893  student participating in tryouts, off-season conditioning,
 1894  summer workouts, preseason conditioning, in-season practice, or
 1895  contests. The term does not mean that a student must be placed
 1896  on any specific team for interscholastic or intrascholastic
 1897  extracurricular activities. To be eligible to participate in
 1898  interscholastic extracurricular student activities, a student
 1899  must:
 1900         1. Maintain a grade point average of 2.0 or above on a 4.0
 1901  scale, or its equivalent, in the previous semester or a
 1902  cumulative grade point average of 2.0 or above on a 4.0 scale,
 1903  or its equivalent, in the courses required by s. 1002.3105(5) or
 1904  s. 1003.4282.
 1905         2. Execute and fulfill the requirements of an academic
 1906  performance contract between the student, the district school
 1907  board, the appropriate governing association, and the student’s
 1908  parents, if the student’s cumulative grade point average falls
 1909  below 2.0, or its equivalent, on a 4.0 scale in the courses
 1910  required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
 1911  contract must require that the student attend summer school, or
 1912  its graded equivalent, between grades 9 and 10 or grades 10 and
 1913  11, as necessary.
 1914         3. Have a cumulative grade point average of 2.0 or above on
 1915  a 4.0 scale, or its equivalent, in the courses required by s.
 1916  1002.3105(5) or s. 1003.4282 during his or her junior or senior
 1917  year.
 1918         4. Maintain satisfactory conduct, including adherence to
 1919  appropriate dress and other codes of student conduct policies
 1920  described in s. 1006.07(2). If a student is convicted of, or is
 1921  found to have committed, a felony or a delinquent act that would
 1922  have been a felony if committed by an adult, regardless of
 1923  whether adjudication is withheld, the student’s participation in
 1924  interscholastic extracurricular activities is contingent upon
 1925  established and published district school board policy.
 1926         (b) Any student who is exempt from attending a full school
 1927  day based on rules adopted by the district school board for
 1928  double session schools or programs, experimental schools, or
 1929  schools operating under emergency conditions must maintain the
 1930  grade point average required by this section and pass each class
 1931  for which he or she is enrolled.
 1932         (c) An individual home education student is eligible to
 1933  participate at the public school to which the student would be
 1934  assigned according to district school board attendance area
 1935  policies or which the student could choose to attend pursuant to
 1936  s. 1002.31 district or interdistrict controlled open enrollment
 1937  provisions, or may develop an agreement to participate at a
 1938  private school, in the interscholastic extracurricular
 1939  activities of that school, provided the following conditions are
 1940  met:
 1941         1. The home education student must meet the requirements of
 1942  the home education program pursuant to s. 1002.41.
 1943         2. During the period of participation at a school, the home
 1944  education student must demonstrate educational progress as
 1945  required in paragraph (b) in all subjects taken in the home
 1946  education program by a method of evaluation agreed upon by the
 1947  parent and the school principal which may include: review of the
 1948  student’s work by a certified teacher chosen by the parent;
 1949  grades earned through correspondence; grades earned in courses
 1950  taken at a Florida College System institution, university, or
 1951  trade school; standardized test scores above the 35th
 1952  percentile; or any other method designated in s. 1002.41.
 1953         3. The home education student must meet the same residency
 1954  requirements as other students in the school at which he or she
 1955  participates.
 1956         4. The home education student must meet the same standards
 1957  of acceptance, behavior, and performance as required of other
 1958  students in extracurricular activities.
 1959         5. The student must register with the school his or her
 1960  intent to participate in interscholastic extracurricular
 1961  activities as a representative of the school before the
 1962  beginning date of the season for the activity in which he or she
 1963  wishes to participate. A home education student must be able to
 1964  participate in curricular activities if that is a requirement
 1965  for an extracurricular activity.
 1966         6. A student who transfers from a home education program to
 1967  a public school before or during the first grading period of the
 1968  school year is academically eligible to participate in
 1969  interscholastic extracurricular activities during the first
 1970  grading period provided the student has a successful evaluation
 1971  from the previous school year, pursuant to subparagraph 2.
 1972         7. Any public school or private school student who has been
 1973  unable to maintain academic eligibility for participation in
 1974  interscholastic extracurricular activities is ineligible to
 1975  participate in such activities as a home education student until
 1976  the student has successfully completed one grading period in
 1977  home education pursuant to subparagraph 2. to become eligible to
 1978  participate as a home education student.
 1979         (d) An individual charter school student pursuant to s.
 1980  1002.33 is eligible to participate at the public school to which
 1981  the student would be assigned according to district school board
 1982  attendance area policies or which the student could choose to
 1983  attend, pursuant to district or interdistrict controlled open
 1984  enrollment provisions, in any interscholastic extracurricular
 1985  activity of that school, unless such activity is provided by the
 1986  student’s charter school, if the following conditions are met:
 1987         1. The charter school student must meet the requirements of
 1988  the charter school education program as determined by the
 1989  charter school governing board.
 1990         2. During the period of participation at a school, the
 1991  charter school student must demonstrate educational progress as
 1992  required in paragraph (b).
 1993         3. The charter school student must meet the same residency
 1994  requirements as other students in the school at which he or she
 1995  participates.
 1996         4. The charter school student must meet the same standards
 1997  of acceptance, behavior, and performance that are required of
 1998  other students in extracurricular activities.
 1999         5. The charter school student must register with the school
 2000  his or her intent to participate in interscholastic
 2001  extracurricular activities as a representative of the school
 2002  before the beginning date of the season for the activity in
 2003  which he or she wishes to participate. A charter school student
 2004  must be able to participate in curricular activities if that is
 2005  a requirement for an extracurricular activity.
 2006         6. A student who transfers from a charter school program to
 2007  a traditional public school before or during the first grading
 2008  period of the school year is academically eligible to
 2009  participate in interscholastic extracurricular activities during
 2010  the first grading period if the student has a successful
 2011  evaluation from the previous school year, pursuant to
 2012  subparagraph 2.
 2013         7. Any public school or private school student who has been
 2014  unable to maintain academic eligibility for participation in
 2015  interscholastic extracurricular activities is ineligible to
 2016  participate in such activities as a charter school student until
 2017  the student has successfully completed one grading period in a
 2018  charter school pursuant to subparagraph 2. to become eligible to
 2019  participate as a charter school student.
 2020         (e) A student of the Florida Virtual School full-time
 2021  program may participate in any interscholastic extracurricular
 2022  activity at the public school to which the student would be
 2023  assigned according to district school board attendance area
 2024  policies or which the student could choose to attend, pursuant
 2025  to s. 1002.31 district or interdistrict controlled open
 2026  enrollment policies, if the student:
 2027         1. During the period of participation in the
 2028  interscholastic extracurricular activity, meets the requirements
 2029  in paragraph (a).
 2030         2. Meets any additional requirements as determined by the
 2031  board of trustees of the Florida Virtual School.
 2032         3. Meets the same residency requirements as other students
 2033  in the school at which he or she participates.
 2034         4. Meets the same standards of acceptance, behavior, and
 2035  performance that are required of other students in
 2036  extracurricular activities.
 2037         5. Registers his or her intent to participate in
 2038  interscholastic extracurricular activities with the school
 2039  before the beginning date of the season for the activity in
 2040  which he or she wishes to participate. A Florida Virtual School
 2041  student must be able to participate in curricular activities if
 2042  that is a requirement for an extracurricular activity.
 2043         (f) A student who transfers from the Florida Virtual School
 2044  full-time program to a traditional public school before or
 2045  during the first grading period of the school year is
 2046  academically eligible to participate in interscholastic
 2047  extracurricular activities during the first grading period if
 2048  the student has a successful evaluation from the previous school
 2049  year pursuant to paragraph (a).
 2050         (g) A public school or private school student who has been
 2051  unable to maintain academic eligibility for participation in
 2052  interscholastic extracurricular activities is ineligible to
 2053  participate in such activities as a Florida Virtual School
 2054  student until the student successfully completes one grading
 2055  period in the Florida Virtual School pursuant to paragraph (a).
 2056         (h)1. A school district or charter school may not delay
 2057  eligibility or otherwise prevent a student participating in
 2058  controlled open enrollment, or a choice program, from being
 2059  immediately eligible to participate in interscholastic and
 2060  intrascholastic extracurricular activities.
 2061         2. A student may not participate in a sport if the student
 2062  participated in that same sport at another school during that
 2063  school year, unless the student meets one of the following
 2064  criteria:
 2065         a. Dependent children of active duty military personnel
 2066  whose move resulted from military orders.
 2067         b. Children who have been relocated due to a foster care
 2068  placement in a different school zone.
 2069         c. Children who move due to a court-ordered change in
 2070  custody due to separation or divorce, or the serious illness or
 2071  death of a custodial parent.
 2072         d. Authorized for good cause in district or charter school
 2073  policy.
 2074         (8)(a) The Florida High School Athletic Association
 2075  (FHSAA), in cooperation with each district school board, shall
 2076  facilitate a program in which a middle school or high school
 2077  student who attends a private school shall be eligible to
 2078  participate in an interscholastic or intrascholastic sport at a
 2079  public high school, a public middle school, or a 6-12 public
 2080  school that is zoned for the physical address at which the
 2081  student resides if:
 2082         1. The private school in which the student is enrolled is
 2083  not a member of the FHSAA and does not offer an interscholastic
 2084  or intrascholastic athletic program.
 2085         2. The private school student meets the guidelines for the
 2086  conduct of the program established by the FHSAA’s board of
 2087  directors and the district school board. At a minimum, such
 2088  guidelines shall provide:
 2089         a. A deadline for each sport by which the private school
 2090  student’s parents must register with the public school in
 2091  writing their intent for their child to participate at that
 2092  school in the sport.
 2093         b. Requirements for a private school student to
 2094  participate, including, but not limited to, meeting the same
 2095  standards of eligibility, acceptance, behavior, educational
 2096  progress, and performance which apply to other students
 2097  participating in interscholastic or intrascholastic sports at a
 2098  public school or FHSAA member private school.
 2099         (9)(a) A student who transfers to a school during the
 2100  school year may seek to immediately join an existing team if the
 2101  roster for the specific interscholastic or intrascholastic
 2102  extracurricular activity has not reached the activity’s
 2103  identified maximum size and if the coach for the activity
 2104  determines that the student has the requisite skill and ability
 2105  to participate. The FHSAA and school district or charter school
 2106  may not declare such a student ineligible because the student
 2107  did not have the opportunity to comply with qualifying
 2108  requirements.
 2109         (b) A student may not participate in a sport if the student
 2110  participated in that same sport at another school during that
 2111  school year, unless the student meets one of the following
 2112  criteria:
 2113         1. Dependent children of active duty military personnel
 2114  whose move resulted from military orders.
 2115         2. Children who have been relocated due to a foster care
 2116  placement in a different school zone.
 2117         3. Children who move due to a court-ordered change in
 2118  custody due to separation or divorce, or the serious illness or
 2119  death of a custodial parent.
 2120         4. Authorized for good cause in district or charter school
 2121  policy.
 2122         Section 22. Section 1006.195, Florida Statutes, is created
 2123  to read:
 2124         1006.195 District school board, charter school authority
 2125  and responsibility to establish student eligibility regarding
 2126  participation in interscholastic and intrascholastic
 2127  extracurricular activities.—Notwithstanding any provision to the
 2128  contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
 2129  eligibility to participate in interscholastic and
 2130  intrascholastic extracurricular activities:
 2131         (1)(a) A district school board must establish, through its
 2132  code of student conduct, student eligibility standards and
 2133  related student disciplinary actions regarding student
 2134  participation in interscholastic and intrascholastic
 2135  extracurricular activities. The code of student conduct must
 2136  provide that:
 2137         1. A student not currently suspended from interscholastic
 2138  or intrascholastic extracurricular activities, or suspended or
 2139  expelled from school, pursuant to a district school board’s
 2140  suspension or expulsion powers provided in law, including ss.
 2141  1006.07, 1006.08, and 1006.09, is eligible to participate in
 2142  interscholastic and intrascholastic extracurricular activities.
 2143         2. A student may not participate in a sport if the student
 2144  participated in that same sport at another school during that
 2145  school year, unless the student meets the criteria in s.
 2146  1006.15(3)(h).
 2147         3. A student’s eligibility to participate in any
 2148  interscholastic or intrascholastic extracurricular activity may
 2149  not be affected by any alleged recruiting violation until final
 2150  disposition of the allegation pursuant to s. 1006.20(2)(b).
 2151         (b) Students who participate in interscholastic and
 2152  intrascholastic extracurricular activities for, but are not
 2153  enrolled in, a public school pursuant to s. 1006.15(3)(c)-(e)
 2154  and (8), are subject to the district school board’s code of
 2155  student conduct for the limited purpose of establishing and
 2156  maintaining the student’s eligibility to participate at the
 2157  school.
 2158         (c) The provisions of this subsection apply to
 2159  interscholastic and intrascholastic extracurricular activities
 2160  conducted by charter schools and private schools, as applicable,
 2161  except that the charter school governing board, or equivalent
 2162  private school authority, is responsible for the authority and
 2163  responsibility otherwise provided to district school boards.
 2164         (2)(a) The Florida High School Athletic Association (FHSAA)
 2165  continues to retain jurisdiction over the following provisions
 2166  in s. 1006.20, which may not be implemented in a manner contrary
 2167  to this section: membership in the FHSAA; recruiting
 2168  prohibitions and violations; student medical evaluations;
 2169  investigations; and sanctions for coaches; school eligibility
 2170  and forfeiture of contests; student concussions or head
 2171  injuries; the sports medical advisory committee; and the general
 2172  operational provisions of the FHSAA.
 2173         (b) The FHSAA must adopt, and prominently publish, the text
 2174  of this section on its website and in its bylaws, rules,
 2175  procedures, training and education materials, and all other
 2176  governing authority documents by August 1, 2016.
 2177         Section 23. Subsection (1) and paragraphs (a), (b), (c),
 2178  and (g) of subsection (2) of section 1006.20, Florida Statutes,
 2179  are amended to read:
 2180         1006.20 Athletics in public K-12 schools.—
 2181         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
 2182  School Athletic Association (FHSAA) is designated as the
 2183  governing nonprofit organization of athletics in Florida public
 2184  schools. If the FHSAA fails to meet the provisions of this
 2185  section, the commissioner shall designate a nonprofit
 2186  organization to govern athletics with the approval of the State
 2187  Board of Education. The FHSAA is not a state agency as defined
 2188  in s. 120.52. The FHSAA shall be subject to the provisions of s.
 2189  1006.19. A private school that wishes to engage in high school
 2190  athletic competition with a public high school may become a
 2191  member of the FHSAA. Any high school in the state, including
 2192  charter schools, virtual schools, and home education
 2193  cooperatives, may become a member of the FHSAA and participate
 2194  in the activities of the FHSAA. However, membership in the FHSAA
 2195  is not mandatory for any school. The FHSAA must allow a private
 2196  school the option of maintaining full membership in the
 2197  association or joining by sport and may not discourage a private
 2198  school from simultaneously maintaining membership in another
 2199  athletic association. The FHSAA may allow a public school the
 2200  option to apply for consideration to join another athletic
 2201  association. The FHSAA may not deny or discourage
 2202  interscholastic competition between its member schools and non
 2203  FHSAA member Florida schools, including members of another
 2204  athletic governing organization, and may not take any
 2205  retributory or discriminatory action against any of its member
 2206  schools that participate in interscholastic competition with
 2207  non-FHSAA member Florida schools. The FHSAA may not unreasonably
 2208  withhold its approval of an application to become an affiliate
 2209  member of the National Federation of State High School
 2210  Associations submitted by any other organization that governs
 2211  interscholastic athletic competition in this state. The bylaws
 2212  of the FHSAA are the rules by which high school athletic
 2213  programs in its member schools, and the students who participate
 2214  in them, are governed, unless otherwise specifically provided by
 2215  statute. For the purposes of this section, “high school”
 2216  includes grades 6 through 12.
 2217         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
 2218         (a) The FHSAA shall adopt bylaws that, unless specifically
 2219  provided by statute, establish eligibility requirements for all
 2220  students who participate in high school athletic competition in
 2221  its member schools. The bylaws governing residence and transfer
 2222  shall allow the student to be immediately eligible in the school
 2223  in which he or she first enrolls each school year or the school
 2224  in which the student makes himself or herself a candidate for an
 2225  athletic team by engaging in a practice prior to enrolling in
 2226  the school. The bylaws shall also allow the student to be
 2227  immediately eligible in the school to which the student has
 2228  transferred during the school year if the transfer is made by a
 2229  deadline established by the FHSAA, which may not be prior to the
 2230  date authorized for the beginning of practice for the sport.
 2231  These transfers shall be allowed pursuant to the district school
 2232  board policies in the case of transfer to a public school or
 2233  pursuant to the private school policies in the case of transfer
 2234  to a private school. The student shall be eligible in that
 2235  school so long as he or she remains enrolled in that school.
 2236  Subsequent eligibility shall be determined and enforced through
 2237  the FHSAA’s bylaws. Requirements governing eligibility and
 2238  transfer between member schools shall be applied similarly to
 2239  public school students and private school students.
 2240         (b) The FHSAA shall adopt bylaws that specifically prohibit
 2241  the recruiting of students for athletic purposes. The bylaws
 2242  shall prescribe penalties and an appeals process for athletic
 2243  recruiting violations.
 2244         1. If it is determined that a school has recruited a
 2245  student in violation of FHSAA bylaws, the FHSAA may require the
 2246  school to participate in a higher classification for the sport
 2247  in which the recruited student competes for a minimum of one
 2248  classification cycle, in addition to the penalties in
 2249  subparagraphs 2. and 3. and any other appropriate fine or and
 2250  sanction imposed on the school, its coaches, or adult
 2251  representatives who violate recruiting rules.
 2252         2. Any recruitment by a school district employee or
 2253  contractor in violation of FHSAA bylaws results in escalating
 2254  punishments as follows:
 2255         a. For a first offense, a $5,000 forfeiture of pay for the
 2256  school district employee or contractor who committed the
 2257  violation.
 2258         b. For a second offense, suspension without pay for 12
 2259  months from coaching, directing, or advertising an
 2260  extracurricular activity and a $5,000 forfeiture of pay for the
 2261  school district employee or contractor who committed the
 2262  violation.
 2263         c. For a third offense, a $5,000 forfeiture of pay for the
 2264  school district employee or contractor who committed the
 2265  violation. If the individual who committed the violation holds
 2266  an educator certificate, the FHSAA shall also refer the
 2267  violation to the department for review pursuant to s. 1012.796
 2268  to determine whether probable cause exists, and, if there is a
 2269  finding of probable cause, the commissioner shall file a formal
 2270  complaint against the individual. If the complaint is upheld,
 2271  the individual’s educator certificate shall be revoked for 3
 2272  years, in addition to any penalties available under s. 1012.796.
 2273  Additionally, the department shall revoke any adjunct teaching
 2274  certificates issued pursuant to s. 1012.57 and all permissions
 2275  under ss. 1012.39 and 1012.43, and the educator is ineligible
 2276  for such certificates or permissions for a period of time equal
 2277  to the period of revocation of his or her state-issued
 2278  certificate.
 2279         3. Notwithstanding any other provision of law, a school,
 2280  team, or activity shall forfeit all competitions, including
 2281  honors resulting from such competitions, in which a student who
 2282  participated in any fashion was recruited in a manner prohibited
 2283  pursuant to state law or the FHSAA bylaws.
 2284         4. A student may not be declared ineligible based on
 2285  violation of recruiting rules unless the student or parent has
 2286  falsified any enrollment or eligibility document or accepted any
 2287  benefit or any promise of benefit if such benefit is not
 2288  generally available to the school’s students or family members
 2289  or is based in any way on athletic interest, potential, or
 2290  performance.
 2291         5. A student’s eligibility to participate in any
 2292  interscholastic or intrascholastic extracurricular activity, as
 2293  determined by a district school board pursuant to s.
 2294  1006.195(1)(a)3., may not be affected by any alleged recruiting
 2295  violation until final disposition of the allegation.
 2296         (c) The FHSAA shall adopt bylaws that require all students
 2297  participating in interscholastic athletic competition or who are
 2298  candidates for an interscholastic athletic team to
 2299  satisfactorily pass a medical evaluation each year prior to
 2300  participating in interscholastic athletic competition or
 2301  engaging in any practice, tryout, workout, or other physical
 2302  activity associated with the student’s candidacy for an
 2303  interscholastic athletic team. Such medical evaluation may be
 2304  administered only by a practitioner licensed under chapter 458,
 2305  chapter 459, chapter 460, or s. 464.012, and in good standing
 2306  with the practitioner’s regulatory board. The bylaws shall
 2307  establish requirements for eliciting a student’s medical history
 2308  and performing the medical evaluation required under this
 2309  paragraph, which shall include a physical assessment of the
 2310  student’s physical capabilities to participate in
 2311  interscholastic athletic competition as contained in a uniform
 2312  preparticipation physical evaluation and history form. The
 2313  evaluation form shall incorporate the recommendations of the
 2314  American Heart Association for participation cardiovascular
 2315  screening and shall provide a place for the signature of the
 2316  practitioner performing the evaluation with an attestation that
 2317  each examination procedure listed on the form was performed by
 2318  the practitioner or by someone under the direct supervision of
 2319  the practitioner. The form shall also contain a place for the
 2320  practitioner to indicate if a referral to another practitioner
 2321  was made in lieu of completion of a certain examination
 2322  procedure. The form shall provide a place for the practitioner
 2323  to whom the student was referred to complete the remaining
 2324  sections and attest to that portion of the examination. The
 2325  preparticipation physical evaluation form shall advise students
 2326  to complete a cardiovascular assessment and shall include
 2327  information concerning alternative cardiovascular evaluation and
 2328  diagnostic tests. Results of such medical evaluation must be
 2329  provided to the school. A student is not No student shall be
 2330  eligible to participate, as provided in s. 1006.15(3), in any
 2331  interscholastic athletic competition or engage in any practice,
 2332  tryout, workout, or other physical activity associated with the
 2333  student’s candidacy for an interscholastic athletic team until
 2334  the results of the medical evaluation have been received and
 2335  approved by the school.
 2336         (g) The FHSAA shall adopt bylaws establishing the process
 2337  and standards by which FHSAA determinations of eligibility are
 2338  made. Such bylaws shall provide that:
 2339         1. Ineligibility must be established by a preponderance of
 2340  the clear and convincing evidence;
 2341         2. Student athletes, parents, and schools must have notice
 2342  of the initiation of any investigation or other inquiry into
 2343  eligibility and may present, to the investigator and to the
 2344  individual making the eligibility determination, any information
 2345  or evidence that is credible, persuasive, and of a kind
 2346  reasonably prudent persons rely upon in the conduct of serious
 2347  affairs;
 2348         3. An investigator may not determine matters of eligibility
 2349  but must submit information and evidence to the executive
 2350  director or a person designated by the executive director or by
 2351  the board of directors for an unbiased and objective
 2352  determination of eligibility; and
 2353         4. A determination of ineligibility must be made in
 2354  writing, setting forth the findings of fact and specific
 2355  violation upon which the decision is based.
 2356         Section 24. Subsection (5), paragraph (j) of subsection
 2357  (6), and paragraph (a) of subsection (8) of section 1007.35,
 2358  Florida Statutes, are amended to read:
 2359         1007.35 Florida Partnership for Minority and
 2360  Underrepresented Student Achievement.—
 2361         (5) Each public high school, including, but not limited to,
 2362  schools and alternative sites and centers of the Department of
 2363  Juvenile Justice, shall provide for the administration of the
 2364  Preliminary SAT/National Merit Scholarship Qualifying Test
 2365  (PSAT/NMSQT), or ACT Aspire Preliminary ACT (PLAN) to all
 2366  enrolled 10th grade students. However, a written notice shall be
 2367  provided to each parent that shall include the opportunity to
 2368  exempt his or her child from taking the PSAT/NMSQT or ACT Aspire
 2369  PLAN.
 2370         (a) Test results will provide each high school with a
 2371  database of student assessment data which certified school
 2372  counselors will use to identify students who are prepared or who
 2373  need additional work to be prepared to enroll and be successful
 2374  in AP courses or other advanced high school courses.
 2375         (b) Funding for the PSAT/NMSQT or ACT Aspire PLAN for all
 2376  10th grade students shall be contingent upon annual funding in
 2377  the General Appropriations Act.
 2378         (c) Public school districts must choose either the
 2379  PSAT/NMSQT or ACT Aspire PLAN for districtwide administration.
 2380         (6) The partnership shall:
 2381         (j) Provide information to students, parents, teachers,
 2382  counselors, administrators, districts, Florida College System
 2383  institutions, and state universities regarding PSAT/NMSQT or ACT
 2384  Aspire PLAN administration, including, but not limited to:
 2385         1. Test administration dates and times.
 2386         2. That participation in the PSAT/NMSQT or ACT Aspire PLAN
 2387  is open to all 10th grade 10 students.
 2388         3. The value of such tests in providing diagnostic feedback
 2389  on student skills.
 2390         4. The value of student scores in predicting the
 2391  probability of success on AP or other advanced course
 2392  examinations.
 2393         (8)(a) By September 30 of each year, the partnership shall
 2394  submit to the department a report that contains an evaluation of
 2395  the effectiveness of the delivered services and activities.
 2396  Activities and services must be evaluated on their effectiveness
 2397  at raising student achievement and increasing the number of AP
 2398  or other advanced course examinations in low-performing middle
 2399  and high schools. Other indicators that must be addressed in the
 2400  evaluation report include the number of middle and high school
 2401  teachers trained; the effectiveness of the training; measures of
 2402  postsecondary readiness of the students affected by the program;
 2403  levels of participation in 10th grade PSAT/NMSQT or ACT Aspire
 2404  PLAN testing; and measures of student, parent, and teacher
 2405  awareness of and satisfaction with the services of the
 2406  partnership.
 2407         Section 25. Section 1009.893, Florida Statutes, is amended
 2408  to read:
 2409         1009.893 Benacquisto Scholarship Florida National Merit
 2410  Scholar Incentive Program.—
 2411         (1) As used in this section, the term:
 2412         (a) “Department” means the Department of Education.
 2413         (b) “Scholarship Incentive program” means the Benacquisto
 2414  Scholarship Florida National Merit Scholar Incentive Program.
 2415         (2) The Benacquisto Scholarship Florida National Merit
 2416  Scholar Incentive Program is created to reward any Florida high
 2417  school graduate who receives recognition as a National Merit
 2418  Scholar or National Achievement Scholar and who initially
 2419  enrolls in the 2014-2015 academic year or, later, in a
 2420  baccalaureate degree program at an eligible Florida public or
 2421  independent postsecondary educational institution.
 2422         (3) The department shall administer the scholarship
 2423  incentive program according to rules and procedures established
 2424  by the State Board of Education. The department shall advertise
 2425  the availability of the scholarship incentive program and notify
 2426  students, teachers, parents, certified school counselors, and
 2427  principals or other relevant school administrators of the
 2428  criteria.
 2429         (4) In order to be eligible for an award under the
 2430  scholarship incentive program, a student must:
 2431         (a) Be a state resident as determined in s. 1009.40 and
 2432  rules of the State Board of Education;
 2433         (b) Earn a standard Florida high school diploma or its
 2434  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
 2435  or s. 1003.435 unless:
 2436         1. The student completes a home education program according
 2437  to s. 1002.41; or
 2438         2. The student earns a high school diploma from a non
 2439  Florida school while living with a parent who is on military or
 2440  public service assignment out of this state;
 2441         (c) Be accepted by and enroll in a Florida public or
 2442  independent postsecondary educational institution that is
 2443  regionally accredited; and
 2444         (d) Be enrolled full-time in a baccalaureate degree program
 2445  at an eligible regionally accredited Florida public or
 2446  independent postsecondary educational institution during the
 2447  fall academic term following high school graduation.
 2448         (5)(a) An eligible student who is a National Merit Scholar
 2449  or National Achievement Scholar and who attends a Florida public
 2450  postsecondary educational institution shall receive a
 2451  scholarship an incentive award equal to the institutional cost
 2452  of attendance minus the sum of the student’s Florida Bright
 2453  Futures Scholarship and National Merit Scholarship or National
 2454  Achievement Scholarship.
 2455         (b) An eligible student who is a National Merit Scholar or
 2456  National Achievement Scholar and who attends a Florida
 2457  independent postsecondary educational institution shall receive
 2458  a scholarship an incentive award equal to the highest cost of
 2459  attendance at a Florida public university, as reported by the
 2460  Board of Governors of the State University System, minus the sum
 2461  of the student’s Florida Bright Futures Scholarship and National
 2462  Merit Scholarship or National Achievement Scholarship.
 2463         (6)(a) To be eligible for a renewal award, a student must
 2464  earn all credits for which he or she was enrolled and maintain a
 2465  3.0 or higher grade point average.
 2466         (b) A student may receive the scholarship incentive award
 2467  for a maximum of 100 percent of the number of credit hours
 2468  required to complete a baccalaureate degree program, or until
 2469  completion of a baccalaureate degree program, whichever comes
 2470  first.
 2471         (7) The department shall annually issue awards from the
 2472  scholarship incentive program. Before the registration period
 2473  each semester, the department shall transmit payment for each
 2474  award to the president or director of the postsecondary
 2475  educational institution, or his or her representative, except
 2476  that the department may withhold payment if the receiving
 2477  institution fails to report or to make refunds to the department
 2478  as required in this section.
 2479         (a) Each institution shall certify to the department the
 2480  eligibility status of each student to receive a disbursement
 2481  within 30 days before the end of its regular registration
 2482  period, inclusive of a drop and add period. An institution is
 2483  not required to reevaluate the student eligibility after the end
 2484  of the drop and add period.
 2485         (b) An institution that receives funds from the scholarship
 2486  incentive program must certify to the department the amount of
 2487  funds disbursed to each student and remit to the department any
 2488  undisbursed advances within 60 days after the end of regular
 2489  registration.
 2490         (c) If funds appropriated are not adequate to provide the
 2491  maximum allowable award to each eligible student, awards must be
 2492  prorated using the same percentage reduction.
 2493         (8) Funds from any award within the scholarship incentive
 2494  program may not be used to pay for remedial coursework or
 2495  developmental education.
 2496         (9) A student may use an award for a summer term if funds
 2497  are available and appropriated by the Legislature.
 2498         (10) The department shall allocate funds to the appropriate
 2499  institutions and collect and maintain data regarding the
 2500  scholarship incentive program within the student financial
 2501  assistance database as specified in s. 1009.94.
 2502         (11) Section 1009.40(4) does not apply to awards issued
 2503  under this section.
 2504         (12) A student who receives an award under the scholarship
 2505  program shall be known as a Benacquisto Scholar.
 2506         (13) All eligible Florida public or independent
 2507  postsecondary educational institutions are encouraged to become,
 2508  and all eligible state universities shall become, college
 2509  sponsors of the National Merit Scholarship Program.
 2510         (14)(12) The State Board of Education shall adopt rules
 2511  necessary to administer this section.
 2512         Section 26. Subsection (1) of section 1011.61, Florida
 2513  Statutes, is amended to read:
 2514         1011.61 Definitions.—Notwithstanding the provisions of s.
 2515  1000.21, the following terms are defined as follows for the
 2516  purposes of the Florida Education Finance Program:
 2517         (1) A “full-time equivalent student” in each program of the
 2518  district is defined in terms of full-time students and part-time
 2519  students as follows:
 2520         (a) A “full-time student” is one student on the membership
 2521  roll of one school program or a combination of school programs
 2522  listed in s. 1011.62(1)(c) for the school year or the equivalent
 2523  for:
 2524         1. Instruction in a standard school, comprising not less
 2525  than 900 net hours for a student in or at the grade level of 4
 2526  through 12, or not less than 720 net hours for a student in or
 2527  at the grade level of kindergarten through grade 3 or in an
 2528  authorized prekindergarten exceptional program; or
 2529         2. Instruction in a double-session school or a school
 2530  utilizing an experimental school calendar approved by the
 2531  Department of Education, comprising not less than the equivalent
 2532  of 810 net hours in grades 4 through 12 or not less than 630 net
 2533  hours in kindergarten through grade 3; or
 2534         2.3. Instruction comprising the appropriate number of net
 2535  hours set forth in subparagraph 1. or subparagraph 2. for
 2536  students who, within the past year, have moved with their
 2537  parents for the purpose of engaging in the farm labor or fish
 2538  industries, if a plan furnishing such an extended school day or
 2539  week, or a combination thereof, has been approved by the
 2540  commissioner. Such plan may be approved to accommodate the needs
 2541  of migrant students only or may serve all students in schools
 2542  having a high percentage of migrant students. The plan described
 2543  in this subparagraph is optional for any school district and is
 2544  not mandated by the state.
 2545         (b) A “part-time student” is a student on the active
 2546  membership roll of a school program or combination of school
 2547  programs listed in s. 1011.62(1)(c) who is less than a full-time
 2548  student. A student who receives instruction in a school that
 2549  operates for less than the minimum term shall generate full-time
 2550  equivalent student membership proportional to the amount of
 2551  instructional hours provided by the school divided by the
 2552  minimum term requirement as provided in s. 1011.60(2).
 2553         (c)1. A “full-time equivalent student” is:
 2554         a. A full-time student in any one of the programs listed in
 2555  s. 1011.62(1)(c); or
 2556         b. A combination of full-time or part-time students in any
 2557  one of the programs listed in s. 1011.62(1)(c) which is the
 2558  equivalent of one full-time student based on the following
 2559  calculations:
 2560         (I) A full-time student in a combination of programs listed
 2561  in s. 1011.62(1)(c) shall be a fraction of a full-time
 2562  equivalent membership in each special program equal to the
 2563  number of net hours per school year for which he or she is a
 2564  member, divided by the appropriate number of hours set forth in
 2565  subparagraph (a)1. or subparagraph (a)2. The difference between
 2566  that fraction or sum of fractions and the maximum value as set
 2567  forth in subsection (4) for each full-time student is presumed
 2568  to be the balance of the student’s time not spent in a special
 2569  program and shall be recorded as time in the appropriate basic
 2570  program.
 2571         (II) A prekindergarten student with a disability shall meet
 2572  the requirements specified for kindergarten students.
 2573         (III) A full-time equivalent student for students in
 2574  kindergarten through grade 12 in a full-time virtual instruction
 2575  program under s. 1002.45 or a virtual charter school under s.
 2576  1002.33 shall consist of six full-credit completions or the
 2577  prescribed level of content that counts toward promotion to the
 2578  next grade in programs listed in s. 1011.62(1)(c). Credit
 2579  completions may be a combination of full-credit courses or half
 2580  credit courses. Beginning in the 2016-2017 fiscal year, the
 2581  reported full-time equivalent students and associated funding of
 2582  students enrolled in courses requiring passage of an end-of
 2583  course assessment under s. 1003.4282 to earn a standard high
 2584  school diploma shall be adjusted if the student does not pass
 2585  the end-of-course assessment. However, no adjustment shall be
 2586  made for a student who enrolls in a segmented remedial course
 2587  delivered online.
 2588         (IV) A full-time equivalent student for students in
 2589  kindergarten through grade 12 in a part-time virtual instruction
 2590  program under s. 1002.45 shall consist of six full-credit
 2591  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 2592  Credit completions may be a combination of full-credit courses
 2593  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 2594  the reported full-time equivalent students and associated
 2595  funding of students enrolled in courses requiring passage of an
 2596  end-of-course assessment under s. 1003.4282 to earn a standard
 2597  high school diploma shall be adjusted if the student does not
 2598  pass the end-of-course assessment. However, no adjustment shall
 2599  be made for a student who enrolls in a segmented remedial course
 2600  delivered online.
 2601         (V) A Florida Virtual School full-time equivalent student
 2602  shall consist of six full-credit completions or the prescribed
 2603  level of content that counts toward promotion to the next grade
 2604  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 2605  participating in kindergarten through grade 12 part-time virtual
 2606  instruction and the programs listed in s. 1011.62(1)(c) for
 2607  students participating in kindergarten through grade 12 full
 2608  time virtual instruction. Credit completions may be a
 2609  combination of full-credit courses or half-credit courses.
 2610  Beginning in the 2016-2017 fiscal year, the reported full-time
 2611  equivalent students and associated funding of students enrolled
 2612  in courses requiring passage of an end-of-course assessment
 2613  under s. 1003.4282 to earn a standard high school diploma shall
 2614  be adjusted if the student does not pass the end-of-course
 2615  assessment. However, no adjustment shall be made for a student
 2616  who enrolls in a segmented remedial course delivered online.
 2617         (VI) Each successfully completed full-credit course earned
 2618  through an online course delivered by a district other than the
 2619  one in which the student resides shall be calculated as 1/6 FTE.
 2620         (VII) A full-time equivalent student for courses requiring
 2621  passage of a statewide, standardized end-of-course assessment
 2622  under s. 1003.4282 to earn a standard high school diploma shall
 2623  be defined and reported based on the number of instructional
 2624  hours as provided in this subsection until the 2016-2017 fiscal
 2625  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 2626  course shall be assessment-based and shall be equal to 1/6 FTE.
 2627  The reported FTE shall be adjusted if the student does not pass
 2628  the end-of-course assessment. However, no adjustment shall be
 2629  made for a student who enrolls in a segmented remedial course
 2630  delivered online.
 2631         (VIII) For students enrolled in a school district as a
 2632  full-time student, the district may report 1/6 FTE for each
 2633  student who passes a statewide, standardized end-of-course
 2634  assessment without being enrolled in the corresponding course.
 2635         2. A student in membership in a program scheduled for more
 2636  or less than 180 school days or the equivalent on an hourly
 2637  basis as specified by rules of the State Board of Education is a
 2638  fraction of a full-time equivalent membership equal to the
 2639  number of instructional hours in membership divided by the
 2640  appropriate number of hours set forth in subparagraph (a)1.;
 2641  however, for the purposes of this subparagraph, membership in
 2642  programs scheduled for more than 180 days is limited to students
 2643  enrolled in:
 2644         a. Juvenile justice education programs.
 2645         b. The Florida Virtual School.
 2646         c. Virtual instruction programs and virtual charter schools
 2647  for the purpose of course completion and credit recovery
 2648  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 2649  only to a student who is reported during the second or third
 2650  membership surveys and who does not complete a virtual education
 2651  course by the end of the regular school year. The course must be
 2652  completed no later than the deadline for amending the final
 2653  student enrollment survey for that year. Credit recovery applies
 2654  only to a student who has unsuccessfully completed a traditional
 2655  or virtual education course during the regular school year and
 2656  must re-take the course in order to be eligible to graduate with
 2657  the student’s class.
 2658  
 2659  The full-time equivalent student enrollment calculated under
 2660  this subsection is subject to the requirements in subsection
 2661  (4).
 2662  
 2663  The department shall determine and implement an equitable method
 2664  of equivalent funding for experimental schools and for schools
 2665  operating under emergency conditions, which schools have been
 2666  approved by the department to operate for less than the minimum
 2667  term as provided in s. 1011.60(2) school day.
 2668         Section 27. Effective July 1, 2016, and upon the expiration
 2669  of the amendments made to section 1011.62, Florida Statutes, by
 2670  chapter 2015-222, Laws of Florida, paragraphs (e) and (o) of
 2671  subsection (1), paragraph (a) of subsection (4), and present
 2672  subsection (13) of that section are amended, present subsections
 2673  (13), (14), and (15) of that section are renumbered as
 2674  subsections (14), (15), and (16), respectively, and a new
 2675  subsection (13) is added to that section, to read:
 2676         1011.62 Funds for operation of schools.—If the annual
 2677  allocation from the Florida Education Finance Program to each
 2678  district for operation of schools is not determined in the
 2679  annual appropriations act or the substantive bill implementing
 2680  the annual appropriations act, it shall be determined as
 2681  follows:
 2682         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 2683  OPERATION.—The following procedure shall be followed in
 2684  determining the annual allocation to each district for
 2685  operation:
 2686         (e) Funding model for exceptional student education
 2687  programs.—
 2688         1.a. The funding model uses basic, at-risk, support levels
 2689  IV and V for exceptional students and career Florida Education
 2690  Finance Program cost factors, and a guaranteed allocation for
 2691  exceptional student education programs. Exceptional education
 2692  cost factors are determined by using a matrix of services to
 2693  document the services that each exceptional student will
 2694  receive. The nature and intensity of the services indicated on
 2695  the matrix shall be consistent with the services described in
 2696  each exceptional student’s individual educational plan. The
 2697  Department of Education shall review and revise the descriptions
 2698  of the services and supports included in the matrix of services
 2699  for exceptional students and shall implement those revisions
 2700  before the beginning of the 2012-2013 school year.
 2701         b. In order to generate funds using one of the two weighted
 2702  cost factors, a matrix of services must be completed at the time
 2703  of the student’s initial placement into an exceptional student
 2704  education program and at least once every 3 years by personnel
 2705  who have received approved training. Nothing listed in the
 2706  matrix shall be construed as limiting the services a school
 2707  district must provide in order to ensure that exceptional
 2708  students are provided a free, appropriate public education.
 2709         c. Students identified as exceptional, in accordance with
 2710  chapter 6A-6, Florida Administrative Code, who do not have a
 2711  matrix of services as specified in sub-subparagraph b. shall
 2712  generate funds on the basis of full-time-equivalent student
 2713  membership in the Florida Education Finance Program at the same
 2714  funding level per student as provided for basic students.
 2715  Additional funds for these exceptional students will be provided
 2716  through the guaranteed allocation designated in subparagraph 2.
 2717         2. For students identified as exceptional who do not have a
 2718  matrix of services and students who are gifted in grades K
 2719  through 8, there is created a guaranteed allocation to provide
 2720  these students with a free appropriate public education, in
 2721  accordance with s. 1001.42(4)(l) and rules of the State Board of
 2722  Education, which shall be allocated initially annually to each
 2723  school district in the amount provided in the General
 2724  Appropriations Act. These funds shall be supplemental in
 2725  addition to the funds appropriated for the basic funding level
 2726  on the basis of FTE student membership in the Florida Education
 2727  Finance Program, and the amount allocated for each school
 2728  district shall not be recalculated once during the year, based
 2729  on actual student membership from the October FTE survey. Upon
 2730  recalculation, if the generated allocation is greater than the
 2731  amount provided in the General Appropriations Act, the total
 2732  shall be prorated to the level of the appropriation based on
 2733  each district’s share of the total recalculated amount. These
 2734  funds shall be used to provide special education and related
 2735  services for exceptional students and students who are gifted in
 2736  grades K through 8. Beginning with the 2007-2008 fiscal year, A
 2737  district’s expenditure of funds from the guaranteed allocation
 2738  for students in grades 9 through 12 who are gifted may not be
 2739  greater than the amount expended during the 2006-2007 fiscal
 2740  year for gifted students in grades 9 through 12.
 2741         (o) Calculation of additional full-time equivalent
 2742  membership based on successful completion of a career-themed
 2743  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
 2744  courses with embedded CAPE industry certifications or CAPE
 2745  Digital Tool certificates, and issuance of industry
 2746  certification identified on the CAPE Industry Certification
 2747  Funding List pursuant to rules adopted by the State Board of
 2748  Education or CAPE Digital Tool certificates pursuant to s.
 2749  1003.4203.—
 2750         1.a. A value of 0.025 full-time equivalent student
 2751  membership shall be calculated for CAPE Digital Tool
 2752  certificates earned by students in elementary and middle school
 2753  grades.
 2754         b. A value of 0.1 or 0.2 full-time equivalent student
 2755  membership shall be calculated for each student who completes a
 2756  course as defined in s. 1003.493(1)(b) or courses with embedded
 2757  CAPE industry certifications and who is issued an industry
 2758  certification identified annually on the CAPE Industry
 2759  Certification Funding List approved under rules adopted by the
 2760  State Board of Education. A value of 0.2 full-time equivalent
 2761  membership shall be calculated for each student who is issued a
 2762  CAPE industry certification that has a statewide articulation
 2763  agreement for college credit approved by the State Board of
 2764  Education. For CAPE industry certifications that do not
 2765  articulate for college credit, the Department of Education shall
 2766  assign a full-time equivalent value of 0.1 for each
 2767  certification. Middle grades students who earn additional FTE
 2768  membership for a CAPE Digital Tool certificate pursuant to sub
 2769  subparagraph a. may not use the previously funded examination to
 2770  satisfy the requirements for earning an industry certification
 2771  under this sub-subparagraph. Additional FTE membership for an
 2772  elementary or middle grades student may shall not exceed 0.1 for
 2773  certificates or certifications earned within the same fiscal
 2774  year. The State Board of Education shall include the assigned
 2775  values on the CAPE Industry Certification Funding List under
 2776  rules adopted by the state board. Such value shall be added to
 2777  the total full-time equivalent student membership for grades 6
 2778  through 12 in the subsequent year for courses that were not
 2779  provided through dual enrollment. CAPE industry certifications
 2780  earned through dual enrollment must be reported and funded
 2781  pursuant to s. 1011.80. However, if a student earns a
 2782  certification through a dual enrollment course and the
 2783  certification is not a fundable certification on the
 2784  postsecondary certification funding list, or the dual enrollment
 2785  certification is earned as a result of an agreement between a
 2786  school district and a nonpublic postsecondary institution, the
 2787  bonus value shall be funded in the same manner as other nondual
 2788  enrollment course industry certifications. In such cases, the
 2789  school district may provide for an agreement between the high
 2790  school and the technical center, or the school district and the
 2791  postsecondary institution may enter into an agreement for
 2792  equitable distribution of the bonus funds.
 2793         c. A value of 0.3 full-time equivalent student membership
 2794  shall be calculated for student completion of the courses and
 2795  the embedded certifications identified on the CAPE Industry
 2796  Certification Funding List and approved by the commissioner
 2797  pursuant to ss. 1003.4203(5)(a) and 1008.44.
 2798         d. A value of 0.5 full-time equivalent student membership
 2799  shall be calculated for CAPE Acceleration Industry
 2800  Certifications that articulate for 15 to 29 college credit
 2801  hours, and 1.0 full-time equivalent student membership shall be
 2802  calculated for CAPE Acceleration Industry Certifications that
 2803  articulate for 30 or more college credit hours pursuant to CAPE
 2804  Acceleration Industry Certifications approved by the
 2805  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
 2806         2. Each district must allocate at least 80 percent of the
 2807  funds provided for CAPE industry certification, in accordance
 2808  with this paragraph, to the program that generated the funds.
 2809  This allocation may not be used to supplant funds provided for
 2810  basic operation of the program.
 2811         3. For CAPE industry certifications earned in the 2013-2014
 2812  school year and in subsequent years, the school district shall
 2813  distribute to each classroom teacher who provided direct
 2814  instruction toward the attainment of a CAPE industry
 2815  certification that qualified for additional full-time equivalent
 2816  membership under subparagraph 1.:
 2817         a. A bonus in the amount of $25 for each student taught by
 2818  a teacher who provided instruction in a course that led to the
 2819  attainment of a CAPE industry certification on the CAPE Industry
 2820  Certification Funding List with a weight of 0.1.
 2821         b. A bonus in the amount of $50 for each student taught by
 2822  a teacher who provided instruction in a course that led to the
 2823  attainment of a CAPE industry certification on the CAPE Industry
 2824  Certification Funding List with a weight of 0.2, 0.3, 0.5, and
 2825  1.0.
 2826         c. A bonus of $75 for each student taught by a teacher who
 2827  provided instruction in a course that led to the attainment of a
 2828  CAPE industry certification on the CAPE Industry Certification
 2829  Funding List with a weight of 0.3.
 2830         d. A bonus of $100 for each student taught by a teacher who
 2831  provided instruction in a course that led to the attainment of a
 2832  CAPE industry certification on the CAPE Industry Certification
 2833  Funding List with a weight of 0.5 or 1.0.
 2834  
 2835  Bonuses awarded pursuant to this paragraph shall be provided to
 2836  teachers who are employed by the district in the year in which
 2837  the additional FTE membership calculation is included in the
 2838  calculation. Bonuses shall be calculated based upon the
 2839  associated weight of a CAPE industry certification on the CAPE
 2840  Industry Certification Funding List for the year in which the
 2841  certification is earned by the student. Any bonus awarded to a
 2842  teacher under this paragraph may not exceed $3,000 $2,000 in any
 2843  given school year and is in addition to any regular wage or
 2844  other bonus the teacher received or is scheduled to receive.
 2845         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 2846  Legislature shall prescribe the aggregate required local effort
 2847  for all school districts collectively as an item in the General
 2848  Appropriations Act for each fiscal year. The amount that each
 2849  district shall provide annually toward the cost of the Florida
 2850  Education Finance Program for kindergarten through grade 12
 2851  programs shall be calculated as follows:
 2852         (a) Estimated taxable value calculations.—
 2853         1.a. Not later than 2 working days before prior to July 19,
 2854  the Department of Revenue shall certify to the Commissioner of
 2855  Education its most recent estimate of the taxable value for
 2856  school purposes in each school district and the total for all
 2857  school districts in the state for the current calendar year
 2858  based on the latest available data obtained from the local
 2859  property appraisers. The value certified shall be the taxable
 2860  value for school purposes for that year, and no further
 2861  adjustments shall be made, except those made pursuant to
 2862  paragraphs (c) and (d), or an assessment roll change required by
 2863  final judicial decisions as specified in paragraph (15)(b)
 2864  (14)(b). Not later than July 19, the Commissioner of Education
 2865  shall compute a millage rate, rounded to the next highest one
 2866  one-thousandth of a mill, which, when applied to 96 percent of
 2867  the estimated state total taxable value for school purposes,
 2868  would generate the prescribed aggregate required local effort
 2869  for that year for all districts. The Commissioner of Education
 2870  shall certify to each district school board the millage rate,
 2871  computed as prescribed in this subparagraph, as the minimum
 2872  millage rate necessary to provide the district required local
 2873  effort for that year.
 2874         b. The General Appropriations Act shall direct the
 2875  computation of the statewide adjusted aggregate amount for
 2876  required local effort for all school districts collectively from
 2877  ad valorem taxes to ensure that no school district’s revenue
 2878  from required local effort millage will produce more than 90
 2879  percent of the district’s total Florida Education Finance
 2880  Program calculation as calculated and adopted by the
 2881  Legislature, and the adjustment of the required local effort
 2882  millage rate of each district that produces more than 90 percent
 2883  of its total Florida Education Finance Program entitlement to a
 2884  level that will produce only 90 percent of its total Florida
 2885  Education Finance Program entitlement in the July calculation.
 2886         2. On the same date as the certification in sub
 2887  subparagraph 1.a., the Department of Revenue shall certify to
 2888  the Commissioner of Education for each district:
 2889         a. Each year for which the property appraiser has certified
 2890  the taxable value pursuant to s. 193.122(2) or (3), if
 2891  applicable, since the prior certification under sub-subparagraph
 2892  1.a.
 2893         b. For each year identified in sub-subparagraph a., the
 2894  taxable value certified by the appraiser pursuant to s.
 2895  193.122(2) or (3), if applicable, since the prior certification
 2896  under sub-subparagraph 1.a. This is the certification that
 2897  reflects all final administrative actions of the value
 2898  adjustment board.
 2899         (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
 2900  connected student supplement is created to provide supplemental
 2901  funding for school districts to support the education of
 2902  students connected with federally owned military installations,
 2903  National Aeronautics and Space Administration (NASA) real
 2904  property, and Indian lands. To be eligible for this supplement,
 2905  the district must be eligible for federal Impact Aid Program
 2906  funds under s. 8003 of Title VIII of the Elementary and
 2907  Secondary Education Act of 1965. The supplement shall be
 2908  allocated annually to each eligible school district in the
 2909  amount provided in the General Appropriations Act. The
 2910  supplement shall be the sum of the student allocation and an
 2911  exempt property allocation.
 2912         (a) The student allocation shall be calculated based on the
 2913  number of students reported for federal Impact Aid Program
 2914  funds, including students with disabilities, who meet one of the
 2915  following criteria:
 2916         1. The student has a parent who is on active duty in the
 2917  uniformed services or is an accredited foreign government
 2918  official and military officer. Students with disabilities shall
 2919  also be reported separately for this category.
 2920         2. The student resides on eligible federally owned Indian
 2921  land. Students with disabilities shall also be reported
 2922  separately for this category.
 2923         3. The student resides with a civilian parent who lives or
 2924  works on eligible federal property connected with a military
 2925  installation or NASA. The number of these students shall be
 2926  multiplied by a factor of 0.5.
 2927         (b) The total number of federally connected students
 2928  calculated under paragraph (a) shall be multiplied by a
 2929  percentage of the base student allocation as provided in the
 2930  General Appropriations Act. The total of the number of students
 2931  with disabilities as reported separately under subparagraphs
 2932  (a)1. and (a)2. shall be multiplied by an additional percentage
 2933  of the base student allocation as provided in the General
 2934  Appropriations Act. The base amount and the amount for students
 2935  with disabilities shall be summed to provide the student
 2936  allocation.
 2937         (c) The exempt property allocation shall be equal to the
 2938  tax-exempt value of federal impact aid lands reserved as
 2939  military installations, real property owned by NASA, or eligible
 2940  federally owned Indian lands located in the district, as of
 2941  January 1 of the previous year, multiplied by the millage
 2942  authorized and levied under s. 1011.71(2).
 2943         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 2944  annually in the General Appropriations Act determine a
 2945  percentage increase in funds per K-12 unweighted FTE as a
 2946  minimum guarantee to each school district. The guarantee shall
 2947  be calculated from prior year base funding per unweighted FTE
 2948  student which shall include the adjusted FTE dollars as provided
 2949  in subsection (15) (14), quality guarantee funds, and actual
 2950  nonvoted discretionary local effort from taxes. From the base
 2951  funding per unweighted FTE, the increase shall be calculated for
 2952  the current year. The current year funds from which the
 2953  guarantee shall be determined shall include the adjusted FTE
 2954  dollars as provided in subsection (15) (14) and potential
 2955  nonvoted discretionary local effort from taxes. A comparison of
 2956  current year funds per unweighted FTE to prior year funds per
 2957  unweighted FTE shall be computed. For those school districts
 2958  which have less than the legislatively assigned percentage
 2959  increase, funds shall be provided to guarantee the assigned
 2960  percentage increase in funds per unweighted FTE student. Should
 2961  appropriated funds be less than the sum of this calculated
 2962  amount for all districts, the commissioner shall prorate each
 2963  district’s allocation. This provision shall be implemented to
 2964  the extent specifically funded.
 2965         Section 28. Effective July 1, 2016, and upon the expiration
 2966  of the amendments made to section 1011.71, Florida Statutes, by
 2967  chapter 2015-222, Laws of Florida, subsection (1) of that
 2968  section is amended to read:
 2969         1011.71 District school tax.—
 2970         (1) If the district school tax is not provided in the
 2971  General Appropriations Act or the substantive bill implementing
 2972  the General Appropriations Act, each district school board
 2973  desiring to participate in the state allocation of funds for
 2974  current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
 2975  shall levy on the taxable value for school purposes of the
 2976  district, exclusive of millage voted under the provisions of s.
 2977  9(b) or s. 12, Art. VII of the State Constitution, a millage
 2978  rate not to exceed the amount certified by the commissioner as
 2979  the minimum millage rate necessary to provide the district
 2980  required local effort for the current year, pursuant to s.
 2981  1011.62(4)(a)1. In addition to the required local effort millage
 2982  levy, each district school board may levy a nonvoted current
 2983  operating discretionary millage. The Legislature shall prescribe
 2984  annually in the appropriations act the maximum amount of millage
 2985  a district may levy.
 2986         Section 29. Subsection (2) of section 1012.42, Florida
 2987  Statutes, is amended to read:
 2988         1012.42 Teacher teaching out-of-field.—
 2989         (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
 2990  school system is assigned teaching duties in a class dealing
 2991  with subject matter that is outside the field in which the
 2992  teacher is certified, outside the field that was the applicant’s
 2993  minor field of study, or outside the field in which the
 2994  applicant has demonstrated sufficient subject area expertise, as
 2995  determined by district school board policy in the subject area
 2996  to be taught, the parents of all students in the class shall be
 2997  notified in writing of such assignment, and each school district
 2998  shall report out-of-field teachers on the district’s website
 2999  within 30 days before the beginning of each semester. A parent
 3000  whose student is assigned an out-of-field teacher may request
 3001  that his or her child be transferred to an in-field classroom
 3002  teacher within the school and grade in which the student is
 3003  currently enrolled. The school district must approve or deny the
 3004  parent’s request and transfer the student to a different
 3005  classroom teacher within a reasonable period of time, not to
 3006  exceed 2 weeks, if an in-field teacher for that course or grade
 3007  level is employed by the school and the transfer does not
 3008  violate maximum class size pursuant to s. 1003.03 and s. 1, Art.
 3009  IX of the State Constitution. If a request for transfer is
 3010  denied, the school must notify the parent and specify the
 3011  reasons for the denial. An explanation of the transfer process
 3012  must be made available in the student handbook or a similar
 3013  publication. This subsection does not provide a parent the right
 3014  to choose a specific teacher.
 3015         Section 30. Paragraph (b) of subsection (8) of section
 3016  1012.56, Florida Statutes, is amended to read:
 3017         1012.56 Educator certification requirements.—
 3018         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
 3019  COMPETENCY PROGRAM.—
 3020         (b)1. Each school district must and a private school or
 3021  state-supported state supported public school, including a
 3022  charter school, or a private school may develop and maintain a
 3023  system by which members of the instructional staff may
 3024  demonstrate mastery of professional preparation and education
 3025  competence as required by law. Each program must be based on
 3026  classroom application of the Florida Educator Accomplished
 3027  Practices and instructional performance and, for public schools,
 3028  must be aligned with the district’s or state-supported public
 3029  school’s evaluation system established approved under s.
 3030  1012.34, as applicable.
 3031         2. The Commissioner of Education shall determine the
 3032  continued approval of programs implemented under this paragraph,
 3033  based upon the department’s review of performance data. The
 3034  department shall review the performance data as a part of the
 3035  periodic review of each school district’s professional
 3036  development system required under s. 1012.98.
 3037         Section 31. Section 1012.583, Florida Statutes, is created
 3038  to read:
 3039         1012.583 Continuing education and inservice training for
 3040  youth suicide awareness and prevention.—
 3041  (1) Beginning with the 2016-2017 school year, the Department of
 3042  Education, in consultation with the Statewide Office for Suicide
 3043  Prevention and suicide prevention experts, shall develop a list
 3044  of approved youth suicide awareness and prevention training
 3045  materials that may be used for training in youth suicide
 3046  awareness and prevention for instructional personnel in
 3047  elementary school, middle school, and high school. The approved
 3048  list of materials:
 3049         (a) Must include training on how to identify appropriate
 3050  mental health services and how to refer youth and their families
 3051  to those services.
 3052         (b) May include materials currently being used by a school
 3053  district if such materials meet any criteria established by the
 3054  department.
 3055         (c) May include programs that instructional personnel can
 3056  complete through a self-review of approved youth suicide
 3057  awareness and prevention materials.
 3058         (2) A school that chooses to incorporate 2 hours of
 3059  training offered pursuant to this section shall be considered a
 3060  “Suicide Prevention Certified School.” The training must be
 3061  included in the existing continuing education or inservice
 3062  training requirements for instructional personnel and may not
 3063  add to the total hours currently required by the department. A
 3064  school that chooses to participate in the training must require
 3065  all instructional personnel to participate.
 3066         (3) A school that participates in the suicide awareness and
 3067  prevention training pursuant to this section must report its
 3068  participation to the department. The department shall keep an
 3069  updated record of all Suicide Prevention Certified Schools.
 3070         (4) A person has no cause of action for any loss or damage
 3071  caused by an act or omission resulting from the implementation
 3072  of this section or resulting from any training required by this
 3073  section unless the loss or damage was caused by willful or
 3074  wanton misconduct. This section does not create any new duty of
 3075  care or basis of liability.
 3076         (5) The State Board of Education may adopt rules to
 3077  implement this section.
 3078         Section 32. Paragraph (o) is added to subsection (1) of
 3079  section 1012.795, Florida Statutes, and subsection (5) of that
 3080  section is amended, to read:
 3081         1012.795 Education Practices Commission; authority to
 3082  discipline.—
 3083         (1) The Education Practices Commission may suspend the
 3084  educator certificate of any person as defined in s. 1012.01(2)
 3085  or (3) for up to 5 years, thereby denying that person the right
 3086  to teach or otherwise be employed by a district school board or
 3087  public school in any capacity requiring direct contact with
 3088  students for that period of time, after which the holder may
 3089  return to teaching as provided in subsection (4); may revoke the
 3090  educator certificate of any person, thereby denying that person
 3091  the right to teach or otherwise be employed by a district school
 3092  board or public school in any capacity requiring direct contact
 3093  with students for up to 10 years, with reinstatement subject to
 3094  the provisions of subsection (4); may revoke permanently the
 3095  educator certificate of any person thereby denying that person
 3096  the right to teach or otherwise be employed by a district school
 3097  board or public school in any capacity requiring direct contact
 3098  with students; may suspend the educator certificate, upon an
 3099  order of the court or notice by the Department of Revenue
 3100  relating to the payment of child support; or may impose any
 3101  other penalty provided by law, if the person:
 3102         (o) Has committed a third recruiting offense as determined
 3103  by the Florida High School Athletic Association (FHSAA) pursuant
 3104  to s. 1006.20(2)(b).
 3105         (5) Each district school superintendent and the governing
 3106  authority of each university lab school, state-supported school,
 3107  or private school, and the FHSAA shall report to the department
 3108  the name of any person certified pursuant to this chapter or
 3109  employed and qualified pursuant to s. 1012.39:
 3110         (a) Who has been convicted of, or who has pled nolo
 3111  contendere to, a misdemeanor, felony, or any other criminal
 3112  charge, other than a minor traffic infraction;
 3113         (b) Who that official has reason to believe has committed
 3114  or is found to have committed any act which would be a ground
 3115  for revocation or suspension under subsection (1); or
 3116         (c) Who has been dismissed or severed from employment
 3117  because of conduct involving any immoral, unnatural, or
 3118  lascivious act.
 3119         Section 33. Subsections (3) and (7) of section 1012.796,
 3120  Florida Statutes, are amended to read:
 3121         1012.796 Complaints against teachers and administrators;
 3122  procedure; penalties.—
 3123         (3) The department staff shall advise the commissioner
 3124  concerning the findings of the investigation and of all
 3125  referrals by the Florida High School Athletic Association
 3126  (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The
 3127  department general counsel or members of that staff shall review
 3128  the investigation or the referral and advise the commissioner
 3129  concerning probable cause or lack thereof. The determination of
 3130  probable cause shall be made by the commissioner. The
 3131  commissioner shall provide an opportunity for a conference, if
 3132  requested, prior to determining probable cause. The commissioner
 3133  may enter into deferred prosecution agreements in lieu of
 3134  finding probable cause if, in his or her judgment, such
 3135  agreements are in the best interests of the department, the
 3136  certificateholder, and the public. Such deferred prosecution
 3137  agreements shall become effective when filed with the clerk of
 3138  the Education Practices Commission. However, a deferred
 3139  prosecution agreement shall not be entered into if there is
 3140  probable cause to believe that a felony or an act of moral
 3141  turpitude, as defined by rule of the State Board of Education,
 3142  has occurred, or for referrals by the FHSAA. Upon finding no
 3143  probable cause, the commissioner shall dismiss the complaint.
 3144         (7) A panel of the commission shall enter a final order
 3145  either dismissing the complaint or imposing one or more of the
 3146  following penalties:
 3147         (a) Denial of an application for a teaching certificate or
 3148  for an administrative or supervisory endorsement on a teaching
 3149  certificate. The denial may provide that the applicant may not
 3150  reapply for certification, and that the department may refuse to
 3151  consider that applicant’s application, for a specified period of
 3152  time or permanently.
 3153         (b) Revocation or suspension of a certificate.
 3154         (c) Imposition of an administrative fine not to exceed
 3155  $2,000 for each count or separate offense.
 3156         (d) Placement of the teacher, administrator, or supervisor
 3157  on probation for a period of time and subject to such conditions
 3158  as the commission may specify, including requiring the certified
 3159  teacher, administrator, or supervisor to complete additional
 3160  appropriate college courses or work with another certified
 3161  educator, with the administrative costs of monitoring the
 3162  probation assessed to the educator placed on probation. An
 3163  educator who has been placed on probation shall, at a minimum:
 3164         1. Immediately notify the investigative office in the
 3165  Department of Education upon employment or termination of
 3166  employment in the state in any public or private position
 3167  requiring a Florida educator’s certificate.
 3168         2. Have his or her immediate supervisor submit annual
 3169  performance reports to the investigative office in the
 3170  Department of Education.
 3171         3. Pay to the commission within the first 6 months of each
 3172  probation year the administrative costs of monitoring probation
 3173  assessed to the educator.
 3174         4. Violate no law and shall fully comply with all district
 3175  school board policies, school rules, and State Board of
 3176  Education rules.
 3177         5. Satisfactorily perform his or her assigned duties in a
 3178  competent, professional manner.
 3179         6. Bear all costs of complying with the terms of a final
 3180  order entered by the commission.
 3181         (e) Restriction of the authorized scope of practice of the
 3182  teacher, administrator, or supervisor.
 3183         (f) Reprimand of the teacher, administrator, or supervisor
 3184  in writing, with a copy to be placed in the certification file
 3185  of such person.
 3186         (g) Imposition of an administrative sanction, upon a person
 3187  whose teaching certificate has expired, for an act or acts
 3188  committed while that person possessed a teaching certificate or
 3189  an expired certificate subject to late renewal, which sanction
 3190  bars that person from applying for a new certificate for a
 3191  period of 10 years or less, or permanently.
 3192         (h) Refer the teacher, administrator, or supervisor to the
 3193  recovery network program provided in s. 1012.798 under such
 3194  terms and conditions as the commission may specify.
 3195  
 3196  The penalties imposed under this subsection are in addition to,
 3197  and not in lieu of, the penalties required for a third
 3198  recruiting offense pursuant to s. 1006.20(2)(b).
 3199         Section 34. Section 1013.385, Florida Statutes, is created
 3200  to read:
 3201         1013.385 School district construction flexibility.—
 3202         (1) A district school board may, with a supermajority vote
 3203  at a public meeting that begins no earlier than 5 p.m., adopt a
 3204  resolution to implement one or more of the exceptions to the
 3205  educational facilities construction requirements provided in
 3206  this section. Before voting on the resolution, a district school
 3207  board must conduct a cost-benefit analysis prepared according to
 3208  a professionally accepted methodology that describes how each
 3209  exception selected by the district school board achieves cost
 3210  savings, improves the efficient use of school district
 3211  resources, and impacts the life-cycle costs and life span for
 3212  each educational facility to be constructed, as applicable, and
 3213  demonstrates that implementation of the exception will not
 3214  compromise student safety or the quality of student instruction.
 3215  The district school board must conduct at least one public
 3216  workshop to discuss and receive public comment on the proposed
 3217  resolution and cost-benefit analysis, which must begin no
 3218  earlier than 5 p.m. and may occur at the same meeting at which
 3219  the resolution will be voted upon.
 3220         (2) A resolution adopted under this section may propose
 3221  implementation of exceptions to requirements of the uniform
 3222  statewide building code for the planning and construction of
 3223  public educational and ancillary plants adopted pursuant to ss.
 3224  553.73 and 1013.37 relating to:
 3225         (a) Interior non-load-bearing walls, by approving the use
 3226  of fire-rated wood stud walls in new construction or remodeling
 3227  for interior non-load-bearing wall assemblies that will not be
 3228  exposed to water or located in wet areas.
 3229         (b) Walkways, roadways, driveways, and parking areas, by
 3230  approving the use of designated, stabilized, and well-drained
 3231  gravel or grassed student parking areas.
 3232         (c) Standards for relocatables used as classroom space, as
 3233  specified in s. 1013.20, by approving construction
 3234  specifications for installation of relocatable buildings that do
 3235  not have covered walkways leading to the permanent buildings
 3236  onsite.
 3237         (d) Site lighting, by approving construction specifications
 3238  regarding site lighting that:
 3239         1. Do not provide for lighting of gravel or grassed
 3240  auxiliary or student parking areas.
 3241         2. Provide lighting for walkways, roadways, driveways,
 3242  paved parking lots, exterior stairs, ramps, and walkways from
 3243  the exterior of the building to a public walkway through
 3244  installation of a timer that is set to provide lighting only
 3245  during periods when the site is occupied.
 3246         3. Allow lighting for building entrances and exits to be
 3247  installed with a timer that is set to provide lighting only
 3248  during periods in which the building is occupied. The minimum
 3249  illumination level at single-door exits may be reduced to no
 3250  less than 1 foot-candle.
 3251         Section 35. Notwithstanding s. 1002.69(5), Florida
 3252  Statutes, for the 2014-2015 and 2015-2016 Voluntary
 3253  Prekindergarten Education Program years, the office shall not
 3254  adopt a kindergarten readiness rate. Any private prekindergarten
 3255  provider or public school that was on probation pursuant to s.
 3256  1002.67(4)(c), Florida Statutes, for the 2013-2014 program year
 3257  shall remain on probation until the provider or school meets the
 3258  minimum rate adopted by the office. This section expires July 1,
 3259  2017.
 3260         Section 36. Effective upon this act becoming a law,
 3261  subsection (8) of section 1012.33, Florida Statutes, is amended
 3262  to read:
 3263         1012.33 Contracts with instructional staff, supervisors,
 3264  and school principals.—
 3265         (8) Notwithstanding any other provision of law, a retired
 3266  member may interrupt retirement and be reemployed in any public
 3267  school as instructional personnel under a 1-year probationary
 3268  contract as defined in s. 1012.335(1). If the retiree
 3269  successfully completes the probationary contract, the district
 3270  school board may reemploy the retiree under an annual contract
 3271  as defined in s. 1012.335(1). The retiree is not eligible for a
 3272  professional service contract A member reemployed by the same
 3273  district from which he or she retired may be employed on a
 3274  probationary contractual basis as provided in subsection (1).
 3275         Section 37. Section 413.207, Florida Statutes, is amended
 3276  to read:
 3277         413.207 Division of Vocational Rehabilitation; quality
 3278  assurance; performance improvement plan.—
 3279         (1) The Division of Vocational Rehabilitation shall
 3280  maintain an internal system of quality assurance, have proven
 3281  functional systems, perform due diligence, review provider
 3282  systems of quality assurance, and be subject to monitoring for
 3283  compliance with state and federal laws, rules, and regulations.
 3284         (2) No later than October 1, 2016, the division shall
 3285  develop and implement a performance improvement plan designed to
 3286  achieve the following goals:
 3287         (a) Decrease the average wait list time for reportable
 3288  individuals.
 3289         (b) Increase the percentage of participants who are in
 3290  unsubsidized employment during the second quarter after they
 3291  exit the program.
 3292         (c) Increase the percentage of participants who are in
 3293  unsubsidized employment during the fourth quarter after they
 3294  exit the program.
 3295         (d) Increase the number of persons earning CAPE industry
 3296  certifications and CAPE postsecondary industry certifications
 3297  approved pursuant to s. 1008.44.
 3298         (e) Increase the median earnings of participants who are in
 3299  unsubsidized employment during the second quarter after they
 3300  exit the program.
 3301         (f) Increase the percentage of participants who obtained a
 3302  recognized postsecondary credential or a secondary school
 3303  diploma or its recognized equivalent during participation in, or
 3304  within 1 year after they exit, the program.
 3305         (g) Increase the percentage of youth who received
 3306  preemployment transition services without applying for
 3307  additional vocational rehabilitation services and who obtained a
 3308  recognized postsecondary credential or a secondary school
 3309  diploma or its recognized equivalent during participation in, or
 3310  within 1 year after they exit, the program.
 3311         (h) Increase the percentage of participants who, during a
 3312  program year, are in an education or training program that leads
 3313  to a recognized postsecondary credential or to employment and
 3314  who are achieving a measurable gain of skill, including
 3315  documented academic, technical, occupational gains or other
 3316  forms of progress toward a postsecondary credential or
 3317  employment.
 3318         (i) Increase the number of students receiving preemployment
 3319  transition services.
 3320         (j) Increase the division’s effectiveness in serving
 3321  employers, based on indicators developed as required by section
 3322  116(b)(2)(A)(iv) of the federal Workforce Innovation and
 3323  Opportunity Act.
 3324         (3) The goals established under subsection (2) must be
 3325  designed to elevate the state vocational rehabilitation program
 3326  to one of the top 10 in the nation.
 3327         (4) By December 1 of each year, the division shall submit a
 3328  performance report to the Governor, the President of the Senate,
 3329  and the Speaker of the House of Representatives which includes
 3330  the following information for each of the 5 most recent fiscal
 3331  years:
 3332         (a) Caseload data, including the number of individuals who
 3333  apply for services and who receive services, by service type,
 3334  reported statewide and by service area.
 3335         (b) Service use data, by service type, including the number
 3336  of units of service provided, statewide and by service area.
 3337         (c) Financial data, by service type, including expenditures
 3338  for administration and the provision of services. Expenditure
 3339  data shall be reported on a statewide basis and by service area,
 3340  and expenditures for education-related services must be
 3341  identified in specific categories such as tuition and fees,
 3342  program fees, and support services.
 3343         (d) Outcome data, statewide and by service area, including
 3344  the number of cases closed without employment and the number of
 3345  cases closed with employment. Employment data must be provided
 3346  separately for supported employment.
 3347         Section 38. Subsection (1) of section 1003.44, Florida
 3348  Statutes, is amended to read:
 3349         1003.44 Patriotic programs; rules.—
 3350         (1) Each district school board may adopt rules to require,
 3351  in all of the schools of the district, programs of a patriotic
 3352  nature to encourage greater respect for the government of the
 3353  United States and its national anthem and flag, subject always
 3354  to other existing pertinent laws of the United States or of the
 3355  state. When the national anthem is played, students and all
 3356  civilians shall stand at attention, men removing the headdress,
 3357  except when such headdress is worn for religious purposes. The
 3358  pledge of allegiance to the flag, “I pledge allegiance to the
 3359  flag of the United States of America and to the republic for
 3360  which it stands, one nation under God, indivisible, with liberty
 3361  and justice for all,” shall be rendered by students standing
 3362  with the right hand over the heart. The pledge of allegiance to
 3363  the flag shall be recited at the beginning of the day in each
 3364  public elementary, middle, and high school in the state. Each
 3365  student shall be informed by a written notice published in the
 3366  student handbook or a similar publication pursuant to s.
 3367  1006.07(2) posting a notice in a conspicuous place that the
 3368  student has the right not to participate in reciting the pledge.
 3369  Upon written request by his or her parent, the student must be
 3370  excused from reciting the pledge, including standing and placing
 3371  the right hand over his or her heart. When the pledge is given,
 3372  unexcused students civilians must show full respect to the flag
 3373  by standing at attention, men removing the headdress, except
 3374  when such headdress is worn for religious purposes, as provided
 3375  by Pub. L. ch. 77-435, s. 7, approved June 22, 1942, 56 Stat.
 3376  377, as amended by Pub. L. ch. 77-806, 56 Stat. 1074, approved
 3377  December 22, 1942.
 3378  
 3379  ================= T I T L E  A M E N D M E N T ================
 3380  And the title is amended as follows:
 3381         Delete lines 3943 - 4270
 3382  and insert:
 3383         cross-references; revising required contents of
 3384         charter school applications; requiring a person or
 3385         entity seeking to open a charter school to disclose
 3386         certain information; conforming provisions regarding
 3387         the appeal process for denial of a high-performing
 3388         charter school application; requiring an applicant to
 3389         provide the sponsor with a copy of an appeal to an
 3390         application denial; authorizing a charter school to
 3391         defer the opening of its operations for up to a
 3392         specified time; requiring the charter school to
 3393         provide written notice to certain entities within a
 3394         specified timeframe; providing that a student may not
 3395         be dismissed from a charter school based on his or her
 3396         academic performance; revising provisions relating to
 3397         long-term charters and charter terminations;
 3398         specifying notice requirements for voluntary closure
 3399         of a charter school; requiring a charter school
 3400         applicant to provide monthly financial statements upon
 3401         approval of the charter contract; requiring a sponsor
 3402         to review each financial statement of a charter school
 3403         to identify the existence of certain conditions;
 3404         providing for the automatic termination of a charter
 3405         contract if certain conditions are met; requiring a
 3406         sponsor to notify certain parties when a charter
 3407         contract is terminated for specific reasons; requiring
 3408         governing board members to hold a certain number of
 3409         public meetings and participate in such meetings in
 3410         person or through communications media technology;
 3411         revising charter school student eligibility
 3412         requirements; providing that charter schools are
 3413         eligible for the research-based reading allocation if
 3414         certain criteria are met; revising requirements for
 3415         payments to charter schools; requiring a charter
 3416         school to be located in the state to be eligible for
 3417         public education capital outlay funds; providing for
 3418         an injunction under certain circumstances; amending s.
 3419         1002.331, F.S.; deleting obsolete provision relating
 3420         to high-performing charter schools; conforming a
 3421         cross-reference; creating s. 1001.66, F.S.; creating a
 3422         Florida College System Performance-Based Incentive for
 3423         Florida College System institutions; requiring the
 3424         State Board of Education to adopt certain metrics and
 3425         benchmarks; providing for funding and allocation of
 3426         the incentives; authorizing the state board to
 3427         withhold an institution’s incentive under certain
 3428         circumstances; requiring the Commissioner of Education
 3429         to withhold certain disbursements under certain
 3430         circumstances; providing for reporting and rulemaking;
 3431         amending s. 1001.7065, F.S.; revising the academic and
 3432         research excellence standards for the preeminent state
 3433         research universities program; creating the “emerging
 3434         preeminent state research university” designation;
 3435         requiring an emerging preeminent state research
 3436         university to submit a certain plan to the board and
 3437         meet certain expectations to receive certain funds;
 3438         providing for the distribution of certain funding
 3439         increases; deleting the preeminent state research
 3440         university enhancement initiative; revising the
 3441         requirements for the unique course requirement;
 3442         amending s. 1001.71, F.S.; providing for selection of
 3443         the chair and vice chair of each state university
 3444         board of trustees; specifying terms and duties of the
 3445         chair; providing grounds for the removal of a board
 3446         member; requiring each state university board of
 3447         trustees to post certain information on the
 3448         university’s website; requiring the Board of Governors
 3449         to adopt regulations; amending s. 1001.92, F.S.;
 3450         requiring performance-based metrics to include
 3451         specified wage thresholds; requiring the board to
 3452         establish minimum performance funding eligibility
 3453         thresholds; prohibiting a state university that fails
 3454         to meet the state’s threshold from eligibility for a
 3455         share of the state’s investment performance funding;
 3456         requiring the board to adopt regulations; deleting an
 3457         expiration date; amending s. 1003.4282, F.S.; revising
 3458         the online course requirement; authorizing a district
 3459         school board or a charter school governing board to
 3460         offer options to meet the requirement; amending s.
 3461         1013.62, F.S.; revising requirements for a charter
 3462         school to be eligible for funding appropriated for
 3463         charter school capital outlay purposes; deleting
 3464         provisions relating to the priorities for charter
 3465         school capital outlay funding; deleting provisions
 3466         relating to a charter school’s allocation; revising
 3467         the funding allocation calculation; requiring the
 3468         Department of Education to calculate and periodically
 3469         recalculate, as necessary, the eligible charter school
 3470         funding allocations; deleting provisions relating to
 3471         certain duties of the Commissioner of Education;
 3472         amending s. 1013.64, F.S.; providing that a school
 3473         district may not receive funds from the Special
 3474         Facility Construction Account under certain
 3475         circumstances; revising the criteria for a request for
 3476         funding; authorizing the request for a preapplication
 3477         review to take place at any time; providing
 3478         exceptions; revising the timeframe for completion of
 3479         the review; providing that certain capital outlay
 3480         full-time equivalent student enrollment estimates be
 3481         determined by specified estimating conferences;
 3482         requiring surveys to be cooperatively prepared by
 3483         certain entities and approved by the Department of
 3484         Education; prohibiting certain consultants from
 3485         specified employment and compensation; providing an
 3486         exception to prohibiting the cost per student station
 3487         from exceeding a certain amount; requiring a school
 3488         district to levy the maximum millage against certain
 3489         property value under certain circumstances; reducing
 3490         the required millage to be budgeted for a project;
 3491         requiring certain plans to be finalized by a specified
 3492         date; requiring a representative of the department to
 3493         chair the Special Facility Construction Committee;
 3494         requiring school districts to maintain accurate
 3495         documentation related to specified costs; requiring
 3496         the Auditor General to review such documentation;
 3497         providing that the department makes final
 3498         determinations on compliance; requiring the Office of
 3499         Economic and Demographic Research to conduct a study,
 3500         in consultation with the department, on cost per
 3501         student station amounts; requiring the Office of
 3502         Program Policy Analysis and Government Accountability
 3503         to conduct a study on the State Requirements for
 3504         Education Facilities; requiring the reports to be
 3505         submitted to the Governor and the Legislature by a
 3506         specified date; prohibiting a district school board
 3507         from using funds for specified purposes for certain
 3508         projects; providing sanctions for school districts
 3509         that exceed certain costs; providing an exemption to
 3510         the sanctions; providing for the creation of a
 3511         district capital outlay oversight committee; providing
 3512         for membership of the oversight committee; requiring
 3513         the department to provide certain reports to the
 3514         Auditor General; deleting a provision relating to
 3515         applicability of certain restrictions on the cost per
 3516         student station of new construction; amending s.
 3517         1002.37, F.S.; revising the calculation of “full-time
 3518         equivalent student”; amending s. 1002.391, F.S.;
 3519         revising the calculation of a matrix of services for
 3520         certain students beginning in a specific school year;
 3521         amending s. 1002.45, F.S.; conforming cross
 3522         references; deleting a provision related to
 3523         educational funding for students enrolled in certain
 3524         virtual education courses; revising conditions for
 3525         termination of a virtual instruction provider’s
 3526         contract; creating s. 1003.3101, F.S.; requiring each
 3527         school district board to establish a classroom teacher
 3528         transfer process for parents, to approve or deny a
 3529         transfer request within a certain timeframe, to notify
 3530         a parent of a denial, and to post an explanation of
 3531         the transfer process in the student handbook or a
 3532         similar publication; amending s. 1003.4295, F.S.;
 3533         revising the purpose of the Credit Acceleration
 3534         Program; requiring students to earn passing scores on
 3535         specified assessments and examinations to earn course
 3536         credit; amending s. 1004.935, F.S.; deleting the
 3537         scheduled termination of the Adults with Disabilities
 3538         Workforce Education Pilot Program; changing the name
 3539         of the program to the “Adults with Disabilities
 3540         Workforce Education Program”; amending s. 1006.15,
 3541         F.S.; defining the term “eligible to participate”;
 3542         conforming provisions to changes made by the act;
 3543         prohibiting a school district from delaying or
 3544         preventing a student who participates in open
 3545         controlled enrollment from being immediately eligible
 3546         to participate in certain activities; prohibiting a
 3547         student from participating in a sport under certain
 3548         circumstances; providing exemptions; authorizing a
 3549         transfer student to immediately participate in
 3550         interscholastic or intrascholastic activities under
 3551         certain circumstances; prohibiting a school district
 3552         or the Florida High School Athletic Association
 3553         (FHSAA) from declaring a transfer student ineligible
 3554         under certain circumstances; creating s. 1006.195,
 3555         F.S.; requiring district school boards to establish in
 3556         codes of student conduct eligibility standards and
 3557         disciplinary actions relating to students
 3558         participating in interscholastic and intrascholastic
 3559         extracurricular activities; providing guidelines and
 3560         applicability; requiring the FHSAA to comply with
 3561         certain requirements by a specified date; amending s.
 3562         1006.20, F.S.; requiring the FHSAA to allow a private
 3563         school to maintain full membership in the association
 3564         or to join by sport; prohibiting the FHSAA from
 3565         discouraging a private school from maintaining
 3566         membership in the FHSAA and another athletic
 3567         association; authorizing the FHSAA to allow a public
 3568         school to apply for consideration to join another
 3569         athletic association; revising student eligibility
 3570         requirements; providing penalties for recruiting
 3571         violations; requiring a school to forfeit a
 3572         competition, including resulting honors, in which a
 3573         student who was recruited in a prohibitive manner;
 3574         revising circumstances under which a student may be
 3575         declared ineligible; amending s. 1007.35, F.S.;
 3576         revising the exams each public high school is required
 3577         to administer to all enrolled 10th grade students to
 3578         include ACT Aspire; amending s. 1009.893, F.S.;
 3579         changing the name of the “Florida National Merit
 3580         Scholar Incentive Program” to the “Benacquisto
 3581         Scholarship Program”; providing that a student who
 3582         receives a scholarship award under the program will be
 3583         referred to as a Benacquisto Scholar; encouraging all
 3584         eligible Florida public or independent postsecondary
 3585         educational institutions, and requiring all eligible
 3586         state universities, to become college sponsors of the
 3587         National Merit Scholarship Program; amending s.
 3588         1011.61, F.S.; revising the definition of “full-time
 3589         equivalent student”; amending s. 1011.62, F.S.;
 3590         conforming a cross-reference; revising the calculation
 3591         for certain supplemental funds for exceptional student
 3592         education programs; requiring the funds to be prorated
 3593         under certain circumstances; revising the funding of
 3594         full-time equivalent values for students who earn CAPE
 3595         industry certifications through dual enrollment;
 3596         revising a provision prohibiting a teacher’s bonus
 3597         from exceeding a specified amount; creating a
 3598         federally connected student supplement for school
 3599         districts; specifying eligibility requirements and
 3600         calculations for allocations of the supplement;
 3601         amending s. 1011.71, F.S.; conforming a cross
 3602         reference; amending s. 1012.42, F.S.; authorizing a
 3603         parent of a child whose teacher is teaching outside
 3604         the teacher’s field to request that the child be
 3605         transferred to another classroom teacher within the
 3606         school and grade in which the child is currently
 3607         enrolled within a specified timeframe; specifying that
 3608         a transfer does not provide a parent the right to
 3609         choose a specific teacher; amending s. 1012.56, F.S.;
 3610         authorizing a charter school to develop and operate a
 3611         professional development certification and education
 3612         competency program; creating s. 1012.583, F.S.;
 3613         requiring the Department of Education, in consultation
 3614         with the Statewide Office for Suicide Prevention and
 3615         suicide prevention experts, to develop a list of
 3616         approved materials for youth suicide awareness and
 3617         prevention training materials for certain purposes;
 3618         specifying requirements for training materials;
 3619         providing that a school which incorporates the
 3620         training materials into the existing continuing
 3621         education or inservice training requirements be
 3622         considered a “Suicide Prevention Certified School”;
 3623         requiring participating schools to report certain
 3624         information to the department; requiring the
 3625         department to maintain an updated record of
 3626         participating schools; providing that no cause of
 3627         action results from the implementation of this act;
 3628         providing for rulemaking; amending s. 1012.795, F.S.;
 3629         authorizing the Education Practices Commission to
 3630         suspend the educator certificate of a person who has
 3631         committed a third recruiting offense as determined by
 3632         the FHSAA; requiring the FHSAA to report certain
 3633         information to the department; amending s. 1012.796,
 3634         F.S.; requiring department staff to advise the
 3635         Commissioner of Education of all referrals by the
 3636         FHSAA relating to recruiting offenses by certain
 3637         individuals; providing that certain penalties are in
 3638         addition to penalties required under s. 1006.20, F.S.;
 3639         amending s. 1013.385, F.S.; authorizing a district
 3640         school board to implement certain exceptions to the
 3641         educational facilities construction requirements under
 3642         certain circumstances; providing that the Office of
 3643         Early Learning may not adopt a kindergarten readiness
 3644         rate for specific Voluntary Prekindergarten Education
 3645         Program years; providing that providers on probation
 3646         for the 2013-2014 program year must remain on
 3647         probation until certain criteria are met; providing an
 3648         expiration date; amending s. 1012.33, F.S.; providing
 3649         for a retiree to be employed as instructional
 3650         personnel under a 1-year probationary contract;
 3651         authorizing the retiree to be hired under an annual
 3652         contract under certain circumstances; providing that
 3653         the retiree is ineligible for a professional service
 3654         contract; amending s. 413.207, F.S.; requiring the
 3655         Division of Vocational Rehabilitation to initiate, by
 3656         a specified date, a performance improvement plan
 3657         designed to achieve specific goals; requiring the
 3658         division to submit a performance report annually, by a
 3659         specified date, to the Governor and Legislature which
 3660         includes specified information; amending ss. 1012.795
 3661         and amending s. 1003.44, F.S.; requiring written
 3662         notice of a student’s right not to participate in the
 3663         pledge of allegiance to be included in a specific
 3664         publication; providing that a student may be excused
 3665         from certain actions associated with the pledge of
 3666         allegiance; requiring unexcused students to show full
 3667         respect to the flag during the pledge of allegiance;
 3668         creating s. 1003.432, F.S.; defining