Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for HB 7043
Senate . House
Senator Gaetz moved the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsection (27) of section 1001.42,
6 Florida Statutes, is redesignated as subsection (28), and a new
7 subsection (27) is added to that section, to read:
8 1001.42 Powers and duties of district school board.—The
9 district school board, acting as a board, shall exercise all
10 powers and perform all duties listed below:
11 (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
12 management and instruction, give suggestions for improvement,
13 and advise citizens with the view of promoting interest in
14 education and improving the school.
15 Section 2. Section 1001.66, Florida Statutes, is created to
17 1001.66 Florida College System Performance-Based
19 (1) A Florida College System Performance-Based Incentive
20 shall be awarded to Florida College System institutions using
21 performance-based metrics adopted by the State Board of
22 Education. The performance-based metrics must include retention
23 rates; program completion and graduation rates; postgraduation
24 employment, salaries, and continuing education for workforce
25 education and baccalaureate programs, with wage thresholds that
26 reflect the added value of the certificate or degree; and
27 outcome measures appropriate for associate of arts degree
28 recipients. The state board shall adopt benchmarks to evaluate
29 each institution’s performance on the metrics to measure the
30 institution’s achievement of institutional excellence or need
31 for improvement and minimum requirements for eligibility to
32 receive performance funding.
33 (2) Each fiscal year, the amount of funds available for
34 allocation to the Florida College System institutions based on
35 the performance-based funding model shall consist of the state’s
36 investment in performance funding plus institutional investments
37 consisting of funds to be redistributed from the base funding of
38 the Florida College System Program Fund as determined in the
39 General Appropriations Act. The State Board of Education shall
40 establish minimum performance funding eligibility thresholds for
41 the state’s investment and the institutional investments. An
42 institution that fails to meet the minimum state investment
43 performance funding eligibility threshold is ineligible for a
44 share of the state’s investment in performance funding. The
45 institutional investment shall be restored for all institutions
46 eligible for the state’s investment under the performance-based
47 funding model.
48 (3)(a) Each Florida College System institution’s share of
49 the performance funding shall be calculated based on its
50 relative performance on the established metrics in conjunction
51 with the institutional size and scope.
52 (b) A Florida College System institution that fails to meet
53 the State Board of Education’s minimum institutional investment
54 performance funding eligibility threshold shall have a portion
55 of its institutional investment withheld by the state board and
56 must submit an improvement plan to the state board which
57 specifies the activities and strategies for improving the
58 institution’s performance. The state board must review and
59 approve the improvement plan and, if the plan is approved, must
60 monitor the institution’s progress in implementing the
61 activities and strategies specified in the improvement plan. The
62 institution shall submit monitoring reports to the state board
63 by December 31 and May 31 of each year in which an improvement
64 plan is in place. The ability of an institution to submit an
65 improvement plan to the state board is limited to 1 fiscal year.
66 (c) The Commissioner of Education shall withhold
67 disbursement of the institutional investment until the
68 monitoring report is approved by the State Board of Education. A
69 Florida College System institution determined by the state board
70 to be making satisfactory progress on implementing the
71 improvement plan shall receive no more than one-half of the
72 withheld institutional investment in January and the balance of
73 the withheld institutional investment in June. An institution
74 that fails to make satisfactory progress may not have its full
75 institutional investment restored. Any institutional investment
76 funds that are not restored shall be redistributed in accordance
77 with the state board’s performance-based metrics.
78 (4) Distributions of performance funding, as provided in
79 this section, shall be made to each of the Florida College
80 System institutions listed in the Florida Colleges category in
81 the General Appropriations Act.
82 (5) By October 1 of each year, the State Board of Education
83 shall submit to the Governor, the President of the Senate, and
84 the Speaker of the House of Representatives a report on the
85 previous fiscal year’s performance funding allocation, which
86 must reflect the rankings and award distributions.
87 (6) The State Board of Education shall adopt rules to
88 administer this section.
89 Section 3. Section 1001.67, Florida Statutes, is created to
91 1001.67 Distinguished Florida College System Program.—A
92 collaborative partnership is established between the State Board
93 of Education and the Legislature to recognize the excellence of
94 Florida’s highest-performing Florida College system
96 (1) EXCELLENCE STANDARDS.—The following excellence
97 standards are established for the program:
98 (a) A 150 percent-of-normal-time completion rate of 50
99 percent or higher, as calculated by the Division of Florida
101 (b) A 150 percent-of-normal-time completion rate for Pell
102 Grant recipients of 40 percent or higher, as calculated by the
103 Division of Florida Colleges.
104 (c) A retention rate of 70 percent or higher, as calculated
105 by the Division of Florida Colleges.
106 (d) A continuing education, or transfer, rate of 72 percent
107 or higher for students graduating with an associate of arts
108 degree, as reported by the Florida Education and Training
109 Placement Information Program (FETPIP).
110 (e) A licensure passage rate on the National Council
111 Licensure Examination for Registered Nurses (NCLEX-RN) of 90
112 percent or higher for first-time exam takers, as reported by the
113 Board of Nursing.
114 (f) A job placement or continuing education rate of 88
115 percent or higher for workforce programs, as reported by FETPIP.
116 (g) A time-to-degree for students graduating with an
117 associate of arts degree of 2.25 years or less for first-time
118 in-college students with accelerated college credits, as
119 reported by the Southern Regional Education Board.
120 (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
121 Education shall designate each Florida College System
122 institution that meets five of the seven standards identified in
123 subsection (1) as a distinguished college.
124 (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
125 institution designated as a distinguished college by the State
126 Board of Education is eligible for funding as specified in the
127 General Appropriations Act.
128 Section 4. Subsection (1) of section 1001.7065, Florida
129 Statutes, is reenacted, and subsections (2), (3), and (5)
130 through (9) of that section are amended, to read:
131 1001.7065 Preeminent state research universities program.—
132 (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
133 COLLABORATION.—A collaborative partnership is established
134 between the Board of Governors and the Legislature to elevate
135 the academic and research preeminence of Florida’s highest
136 performing state research universities in accordance with this
137 section. The partnership stems from the State University System
138 Governance Agreement executed on March 24, 2010, wherein the
139 Board of Governors and leaders of the Legislature agreed to a
140 framework for the collaborative exercise of their joint
141 authority and shared responsibility for the State University
142 System. The governance agreement confirmed the commitment of the
143 Board of Governors and the Legislature to continue collaboration
144 on accountability measures, the use of data, and recommendations
145 derived from such data.
146 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—
147 July 1, 2013, The following academic and research excellence
148 standards are established for the preeminent state research
149 universities program:
150 (a) An average weighted grade point average of 4.0 or
151 higher on a 4.0 scale and an average SAT score of 1800 or higher
152 on a 2400-point scale or 1200 or higher on a 1600-point scale
153 for fall semester incoming freshmen, as reported annually.
154 (b) A top-50 ranking on at least two well-known and highly
155 respected national public university rankings, including, but
156 not limited to, the U.S. News and World Report rankings,
157 reflecting national preeminence, using most recent rankings.
158 (c) A freshman retention rate of 90 percent or higher for
159 full-time, first-time-in-college students, as reported annually
160 to the Integrated Postsecondary Education Data System (IPEDS).
161 (d) A 6-year graduation rate of 70 percent or higher for
162 full-time, first-time-in-college students, as reported annually
163 to the IPEDS.
164 (e) Six or more faculty members at the state university who
165 are members of a national academy, as reported by the Center for
166 Measuring University Performance in the Top American Research
167 Universities (TARU) annual report or the official membership
168 directories maintained by each national academy.
169 (f) Total annual research expenditures, including federal
170 research expenditures, of $200 million or more, as reported
171 annually by the National Science Foundation (NSF).
172 (g) Total annual research expenditures in diversified
173 nonmedical sciences of $150 million or more, based on data
174 reported annually by the NSF.
175 (h) A top-100 university national ranking for research
176 expenditures in five or more science, technology, engineering,
177 or mathematics fields of study, as reported annually by the NSF.
178 (i) One hundred or more total patents awarded by the United
179 States Patent and Trademark Office for the most recent 3-year
181 (j) Four hundred or more doctoral degrees awarded annually,
182 including professional doctoral degrees awarded in medical and
183 health care disciplines, as reported in the Board of Governors
184 Annual Accountability Report.
185 (k) Two hundred or more postdoctoral appointees annually,
186 as reported in the TARU annual report.
187 (l) An endowment of $500 million or more, as reported in
188 the Board of Governors Annual Accountability Report.
189 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
190 (a) The Board of Governors shall designate each state
191 research university that annually meets at least 11 of the 12
192 academic and research excellence standards identified in
193 subsection (2) as a “preeminent state research university.”
194 preeminent state research university .
195 (b) The Board of Governors shall designate each state
196 university that annually meets at least 6 of the 12 academic and
197 research excellence standards identified in subsection (2) as an
198 “emerging preeminent state research university.”
199 (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
200 UNIVERSITY SUPPORT.—
201 (a) A state research university that is designated as a
202 preeminent state research university , as of July 1, 2013, meets
203 all 12 of the academic and research excellence standards
204 identified in subsection (2), as verified by the Board of
205 Governors, shall submit to the Board of Governors a 5-year
206 benchmark plan with target rankings on key performance metrics
207 for national excellence. Upon approval by the Board of
208 Governors, and upon the university’s meeting the benchmark plan
209 goals annually, the Board of Governors shall award the
210 university its proportionate share of any funds provided
211 annually to support the program created under this section an
212 amount specified in the General Appropriations Act to be
213 provided annually throughout the 5-year period. Funding for this
214 purpose is contingent upon specific appropriation in the General
215 Appropriations Act.
216 (b) A state university designated as an emerging preeminent
217 state research university shall submit to the Board of Governors
218 a 5-year benchmark plan with target rankings on key performance
219 metrics for national excellence. Upon approval by the Board of
220 Governors, and upon the university’s meeting the benchmark plan
221 goals annually, the Board of Governors shall award the
222 university its proportionate share of any funds provided
223 annually to support the program created under this section.
224 (c) The award of funds under this subsection is contingent
225 upon funding provided in the General Appropriations Act to
226 support the preeminent state research universities program
227 created under this section. Funding increases appropriated
228 beyond the amounts funded in the previous fiscal year shall be
229 distributed as follows:
230 1. Each designated preeminent state research university
231 that meets the criteria in paragraph (a) shall receive an equal
232 amount of funding.
233 2. Each designated emerging preeminent state research
234 university that meets the criteria in paragraph (b) shall
235 receive an amount of funding that is equal to one-half of the
236 total increased amount awarded to each designated preeminent
237 state research university.
238 (6) PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
239 INITIATIVE.—A state research university that, as of July 1,
240 2013, meets 11 of the 12 academic and research excellence
241 standards identified in subsection (2), as verified by the Board
242 of Governors, shall submit to the Board of Governors a 5-year
243 benchmark plan with target rankings on key performance metrics
244 for national excellence. Upon the university’s meeting the
245 benchmark plan goals annually, the Board of Governors shall
246 award the university an amount specified in the General
247 Appropriations Act to be provided annually throughout the 5-year
248 period for the purpose of recruiting National Academy Members,
249 expediting the provision of a master’s degree in cloud
250 virtualization, and instituting an entrepreneurs-in-residence
251 program throughout its campus. Funding for this purpose is
252 contingent upon specific appropriation in the General
253 Appropriations Act.
254 (7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
255 REQUIREMENT AUTHORITY.—In order to provide a jointly shared
256 educational experience, a university that is designated a
257 preeminent state research university may require its incoming
258 first-time-in-college students to take a 9-to-12-credit set of
259 unique courses specifically determined by the university and
260 published on the university’s website. The university may
261 stipulate that credit for such courses may not be earned through
262 any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
263 or any other transfer credit. All accelerated credits earned up
264 to the limits specified in ss. 1007.27 and 1007.271 shall be
265 applied toward graduation at the student’s request.
266 (6) (8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
267 AUTHORITY.—The Board of Governors is encouraged to identify and
268 grant all reasonable, feasible authority and flexibility to
269 ensure that a designated preeminent state research university is
270 free from unnecessary restrictions.
271 (7) (9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
272 UNIVERSITY SYSTEM.—The Board of Governors is encouraged to
273 establish standards and measures whereby individual programs in
274 state universities that objectively reflect national excellence
275 can be identified and make recommendations to the Legislature as
276 to how any such programs could be enhanced and promoted.
277 Section 5. Section 1001.92, Florida Statutes, is amended to
279 1001.92 State University System Performance-Based
281 (1) A State University System Performance-Based Incentive
282 shall be awarded to state universities using performance-based
283 metrics adopted by the Board of Governors of the State
284 University System. The performance-based metrics must include
285 graduation rates; , retention rates; , postgraduation education
286 rates; , degree production; , affordability; , postgraduation
287 employment and salaries, including wage thresholds that reflect
288 the added value of a baccalaureate degree; access; , and other
289 metrics approved by the board in a formally noticed meeting. The
290 board shall adopt benchmarks to evaluate each state university’s
291 performance on the metrics to measure the state university’s
292 achievement of institutional excellence or need for improvement
293 and minimum requirements for eligibility to receive performance
295 (2) Each fiscal year, the amount of funds available for
296 allocation to the state universities based on the performance
297 based funding model metrics shall consist of the state’s
298 investment in appropriation for performance funding , including
299 increases in base funding plus institutional investments
300 consisting of funds deducted from the base funding of each state
301 university in the State University System , in an amount provided
302 in the General Appropriations Act. The Board of Governors shall
303 establish minimum performance funding eligibility thresholds for
304 the state’s investment and the institutional investments. A
305 state university that fails to meet the minimum state investment
306 performance funding eligibility threshold is ineligible for a
307 share of the state’s investment in performance funding. The
308 institutional investment shall be restored for each institution
309 eligible for the state’s investment under the performance-based
310 funding model metrics.
311 (3)(a) A state university that fails to meet the Board of
312 Governors’ minimum institutional investment performance funding
313 eligibility threshold shall have a portion of its institutional
314 investment withheld by the board and must submit an improvement
315 plan to the board that specifies the activities and strategies
316 for improving the state university’s performance. The board must
317 review and approve the improvement plan and, if the plan is
318 approved, must monitor the state university’s progress in
319 implementing the activities and strategies specified in the
320 improvement plan. The state university shall submit monitoring
321 reports to the board by December 31 and May 31 of each year in
322 which an improvement plan is in place. The ability of a state
323 university to submit an improvement plan to the board is limited
324 to 1 fiscal year.
325 (b) The Chancellor of the State University System shall
326 withhold disbursement of the institutional investment until the
327 monitoring report is approved by the Board of Governors. A state
328 university that is determined by the board to be making
329 satisfactory progress on implementing the improvement plan shall
330 receive no more than one-half of the withheld institutional
331 investment in January and the balance of the withheld
332 institutional investment in June. A state university that fails
333 to make satisfactory progress may not have its full
334 institutional investment restored. Any institutional investment
335 funds that are not restored shall be redistributed in accordance
336 with the board’s performance-based metrics.
337 (4) Distributions of performance funding, as provided in
338 this section, shall be made to each of the state universities
339 listed in the Education and General Activities category in the
340 General Appropriations Act.
341 (5) By October 1 of each year, the Board of Governors shall
342 submit to the Governor, the President of the Senate, and the
343 Speaker of the House of Representatives a report on the previous
344 fiscal year’s performance funding allocation which must reflect
345 the rankings and award distributions.
346 (6) The Board of Governors shall adopt regulations to
347 administer this section expires July 1, 2016.
348 Section 6. Subsection (4) is added to section 1002.391,
349 Florida Statutes, to read:
350 1002.391 Auditory-oral education programs.—
351 (4) Beginning with the 2017-2018 school year, a school
352 district shall add four special consideration points to the
353 calculation of a matrix of services for a student who is deaf
354 and enrolled in an auditory-oral education program.
355 Section 7. Subsections (1) and (2) of section 1002.53,
356 Florida Statutes, are amended to read:
357 1002.53 Voluntary Prekindergarten Education Program;
358 eligibility and enrollment.—
359 (1) The Voluntary Prekindergarten Education Program is
360 created and shall be organized, designed, and delivered in
361 accordance with s. 1(b) and (c), Art. IX of the State
363 (2) Each child who resides in this state who will have
364 attained the age of 4 years on or before September 1 of the
365 school year is eligible for the Voluntary Prekindergarten
366 Education Program during either that school year or the
367 following school year. The child remains eligible until the
368 beginning of the school year for which the child is eligible for
369 admission to kindergarten in a public school under s.
370 1003.21(1)(a)2. or until the child is admitted to kindergarten,
371 or unless he or she will have attained the age of 6 years by
372 February 1 of any school year under s. 1003.21(1)(a)1 whichever
373 occurs first.
374 Section 8. Subsection (4) of section 1003.4282, Florida
375 Statutes, is amended to read:
376 1003.4282 Requirements for a standard high school diploma.—
377 (4) ONLINE COURSE REQUIREMENT.—At least one course within
378 the 24 credits required under this section must be completed
379 through online learning. A school district may not require a
380 student to take the online course outside the school day or in
381 addition to a student’s courses for a given semester.
382 (a) An online course taken in grade 6, grade 7, or grade 8
383 fulfills the this requirement in this subsection. The This
384 requirement is met through an online course offered by the
385 Florida Virtual School, a virtual education provider approved by
386 the State Board of Education, a high school, or an online dual
387 enrollment course. A student who is enrolled in a full-time or
388 part-time virtual instruction program under s. 1002.45 meets the
389 this requirement.
390 (b) A district school board or a charter school governing
391 board, as applicable, may offer students the following options
392 to satisfy the online course requirement in this subsection:
393 1. Completion of a course in which a student earns a
394 nationally recognized industry certification in information
395 technology that is identified on the CAPE Industry Certification
396 Funding List pursuant to s. 1008.44 or passage of the
397 information technology certification examination without
398 enrollment in or completion of the corresponding course or
399 courses, as applicable.
400 2. Passage of an online content assessment, without
401 enrollment in or completion of the corresponding course or
402 courses, as applicable, by which the student demonstrates skills
403 and competency in locating information and applying technology
404 for instructional purposes.
406 For purposes of this subsection, a school district may not
407 require a student to take the online course outside the school
408 day or in addition to a student’s courses for a given semester.
409 This subsection requirement does not apply to a student who has
410 an individual education plan under s. 1003.57 which indicates
411 that an online course would be inappropriate or to an out-of
412 state transfer student who is enrolled in a Florida high school
413 and has 1 academic year or less remaining in high school.
414 Section 9. Effective July 1, 2016, and upon the expiration
415 of the amendment to section 1011.62, Florida Statutes, made by
416 chapter 2015-222, Laws of Florida, paragraph (a) of subsection
417 (4) of that section is amended, present subsections (13), (14),
418 and (15) of that section are redesignated as subsections (14),
419 (15), and (16), respectively, a new subsection (13) is added to
420 that section, and present subsection (14) of that section is
421 amended, to read:
422 1011.62 Funds for operation of schools.—If the annual
423 allocation from the Florida Education Finance Program to each
424 district for operation of schools is not determined in the
425 annual appropriations act or the substantive bill implementing
426 the annual appropriations act, it shall be determined as
428 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
429 Legislature shall prescribe the aggregate required local effort
430 for all school districts collectively as an item in the General
431 Appropriations Act for each fiscal year. The amount that each
432 district shall provide annually toward the cost of the Florida
433 Education Finance Program for kindergarten through grade 12
434 programs shall be calculated as follows:
435 (a) Estimated taxable value calculations.—
436 1.a. Not later than 2 working days before prior to July 19,
437 the Department of Revenue shall certify to the Commissioner of
438 Education its most recent estimate of the taxable value for
439 school purposes in each school district and the total for all
440 school districts in the state for the current calendar year
441 based on the latest available data obtained from the local
442 property appraisers. The value certified shall be the taxable
443 value for school purposes for that year, and no further
444 adjustments shall be made, except those made pursuant to
445 paragraphs (c) and (d), or an assessment roll change required by
446 final judicial decisions as specified in paragraph (15)(b)
447 ( 14 )(b). Not later than July 19, the Commissioner of Education
448 shall compute a millage rate, rounded to the next highest one
449 one-thousandth of a mill, which, when applied to 96 percent of
450 the estimated state total taxable value for school purposes,
451 would generate the prescribed aggregate required local effort
452 for that year for all districts. The Commissioner of Education
453 shall certify to each district school board the millage rate,
454 computed as prescribed in this subparagraph, as the minimum
455 millage rate necessary to provide the district required local
456 effort for that year.
457 b. The General Appropriations Act shall direct the
458 computation of the statewide adjusted aggregate amount for
459 required local effort for all school districts collectively from
460 ad valorem taxes to ensure that no school district’s revenue
461 from required local effort millage will produce more than 90
462 percent of the district’s total Florida Education Finance
463 Program calculation as calculated and adopted by the
464 Legislature, and the adjustment of the required local effort
465 millage rate of each district that produces more than 90 percent
466 of its total Florida Education Finance Program entitlement to a
467 level that will produce only 90 percent of its total Florida
468 Education Finance Program entitlement in the July calculation.
469 2. On the same date as the certification in sub
470 subparagraph 1.a., the Department of Revenue shall certify to
471 the Commissioner of Education for each district:
472 a. Each year for which the property appraiser has certified
473 the taxable value pursuant to s. 193.122(2) or (3), if
474 applicable, since the prior certification under sub-subparagraph
476 b. For each year identified in sub-subparagraph a., the
477 taxable value certified by the appraiser pursuant to s.
478 193.122(2) or (3), if applicable, since the prior certification
479 under sub-subparagraph 1.a. This is the certification that
480 reflects all final administrative actions of the value
481 adjustment board.
482 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
483 connected student supplement is created to provide supplemental
484 funding for school districts to support the education of
485 students connected with federally owned military installations,
486 National Aeronautics and Space Administration (NASA) real
487 property, and Indian lands. To be eligible for this supplement,
488 the district must be eligible for federal Impact Aid Program
489 funds under s. 8003 of Title VIII of the Elementary and
490 Secondary Education Act of 1965. The supplement shall be
491 allocated annually to each eligible school district in the
492 amount provided in the General Appropriations Act. The
493 supplement shall be the sum of the student allocation and an
494 exempt property allocation.
495 (a) The student allocation shall be calculated based on the
496 number of students reported for federal Impact Aid Program
497 funds, including students with disabilities, who meet one of the
498 following criteria:
499 1. The student has a parent who is on active duty in the
500 uniformed services or is an accredited foreign government
501 official and military officer. Students with disabilities shall
502 also be reported separately for this category.
503 2. The student resides on eligible federally owned Indian
504 land. Students with disabilities shall also be reported
505 separately for this category.
506 3. The student resides with a civilian parent who lives or
507 works on eligible federal property connected with a military
508 installation or NASA. The number of these students shall be
509 multiplied by a factor of 0.5.
510 (b) The total number of federally connected students
511 calculated under paragraph (a) shall be multiplied by a
512 percentage of the base student allocation as provided in the
513 General Appropriations Act. The total of the number of students
514 with disabilities as reported separately under subparagraphs
515 (a)1. and (a)2. shall be multiplied by an additional percentage
516 of the base student allocation as provided in the General
517 Appropriations Act. The base amount and the amount for students
518 with disabilities shall be summed to provide the student
520 (c) The exempt property allocation shall be equal to the
521 tax-exempt value of federal impact aid lands reserved as
522 military installations, real property owned by NASA, or eligible
523 federally owned Indian lands located in the district, as of
524 January 1 of the previous year, multiplied by the millage
525 authorized and levied under s. 1011.71(2).
526 (14) (13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
527 annually in the General Appropriations Act determine a
528 percentage increase in funds per K-12 unweighted FTE as a
529 minimum guarantee to each school district. The guarantee shall
530 be calculated from prior year base funding per unweighted FTE
531 student which shall include the adjusted FTE dollars as provided
532 in subsection (15) ( 14 ), quality guarantee funds, and actual
533 nonvoted discretionary local effort from taxes. From the base
534 funding per unweighted FTE, the increase shall be calculated for
535 the current year. The current year funds from which the
536 guarantee shall be determined shall include the adjusted FTE
537 dollars as provided in subsection (15) (14) and potential
538 nonvoted discretionary local effort from taxes. A comparison of
539 current year funds per unweighted FTE to prior year funds per
540 unweighted FTE shall be computed. For those school districts
541 which have less than the legislatively assigned percentage
542 increase, funds shall be provided to guarantee the assigned
543 percentage increase in funds per unweighted FTE student. Should
544 appropriated funds be less than the sum of this calculated
545 amount for all districts, the commissioner shall prorate each
546 district’s allocation. This provision shall be implemented to
547 the extent specifically funded.
548 Section 10. Section 1011.6202, Florida Statutes, is created
549 to read:
550 1011.6202 Principal Autonomy Pilot Program Initiative.—The
551 Principal Autonomy Pilot Program Initiative is created within
552 the Department of Education. The purpose of the pilot program is
553 to provide the highly effective principal of a participating
554 school with increased autonomy and authority to operate his or
555 her school in a way that produces significant improvements in
556 student achievement and school management while complying with
557 constitutional requirements. The State Board of Education may,
558 upon approval of a principal autonomy proposal, enter into a
559 performance contract with up to seven district school boards for
560 participation in the pilot program.
561 (1) PARTICIPATING SCHOOL DISTRICTS.—The district school
562 boards in Broward, Duval, Escambia, Jefferson, Madison, Palm
563 Beach, Pinellas, and Seminole Counties may submit to the state
564 board for approval a principal autonomy proposal that exchanges
565 statutory and rule exemptions for an agreement to meet
566 performance goals established in the proposal. If approved by
567 the state board, each of these school districts shall be
568 eligible to participate in the pilot program for 3 years. At the
569 end of the 3 years, the performance of all participating schools
570 in the school district shall be evaluated.
571 (2) PRINCIPAL AUTONOMY PROPOSAL.—
572 (a) To participate in the pilot program, a school district
574 1. Identify three schools that received at least two school
575 grades of “D” or “F” pursuant to s. 1008.34 during the previous
576 3 school years.
577 2. Identify three principals who have earned a highly
578 effective rating on the prior year’s performance evaluation
579 pursuant to s. 1012.34, one of whom shall be assigned to each of
580 the participating schools.
581 3. Describe the current financial and administrative
582 management of each participating school; identify the areas in
583 which each school principal will have increased fiscal and
584 administrative autonomy, including the authority and
585 responsibilities provided in s. 1012.28(8); and identify the
586 areas in which each participating school will continue to follow
587 district school board fiscal and administrative policies.
588 4. Explain the methods used to identify the educational
589 strengths and needs of the participating school’s students and
590 identify how student achievement can be improved.
591 5. Establish performance goals for student achievement, as
592 defined in s. 1008.34(1), and explain how the increased autonomy
593 of principals will help participating schools improve student
594 achievement and school management.
595 6. Provide each participating school’s mission and a
596 description of its student population.
597 (b) The state board shall establish criteria, which must
598 include the criteria listed in paragraph (a), for the approval
599 of a principal autonomy proposal.
600 (c) A district school board must submit its principal
601 autonomy proposal to the state board for approval by December 1
602 in order to begin participation in the subsequent school year.
603 By February 28 of the school year in which the proposal is
604 submitted, the state board shall notify the district school
605 board in writing whether the proposal is approved.
606 (3) EXEMPTION FROM LAWS.—
607 (a) With the exception of those laws listed in paragraph
608 (b), a participating school is exempt from the provisions of
609 chapters 1000-1013 and rules of the state board that implement
610 those exempt provisions.
611 (b) A participating school shall comply with the provisions
612 of chapters 1000-1013, and rules of the state board that
613 implement those provisions, pertaining to the following:
614 1. Those laws relating to the election and compensation of
615 district school board members, the election or appointment and
616 compensation of district school superintendents, public meetings
617 and public records requirements, financial disclosure, and
618 conflicts of interest.
619 2. Those laws relating to the student assessment program
620 and school grading system, including chapter 1008.
621 3. Those laws relating to the provision of services to
622 students with disabilities.
623 4. Those laws relating to civil rights, including s.
624 1000.05, relating to discrimination.
625 5. Those laws relating to student health, safety, and
627 6. Section 1001.42(4)(f), relating to the uniform opening
628 date for public schools.
629 7. Section 1003.03, governing maximum class size, except
630 that the calculation for compliance pursuant to s. 1003.03 is
631 the average at the school level for a participating school.
632 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
633 compensation and salary schedules.
634 9. Section 1012.33(5), relating to workforce reductions for
635 annual contracts for instructional personnel. This subparagraph
636 does not apply to at-will employees.
637 10. Section 1012.335, relating to annual contracts for
638 instructional personnel hired on or after July 1, 2011. This
639 subparagraph does not apply to at-will employees.
640 11. Section 1012.34, relating to personnel evaluation
641 procedures and criteria.
642 12. Those laws pertaining to educational facilities,
643 including chapter 1013, except that s. 1013.20, relating to
644 covered walkways for relocatables, and s. 1013.21, relating to
645 the use of relocatable facilities exceeding 20 years of age, are
646 eligible for exemption.
647 13. Those laws pertaining to participating school
648 districts, including this section and ss. 1011.69(2) and
650 (4) PROFESSIONAL DEVELOPMENT.—Each participating school
651 district shall require that the principal of each participating
652 school, a three-member leadership team from each participating
653 school, and district personnel working with each participating
654 school complete a nationally recognized school turnaround
655 program which focuses on improving leadership, instructional
656 infrastructure, talent management, and differentiated support
657 and accountability. The required personnel must enroll in the
658 school turnaround program upon acceptance into the pilot
660 (5) TERM OF PARTICIPATION.—The state board shall authorize
661 a school district to participate in the pilot program for a
662 period of 3 years commencing with approval of the principal
663 autonomy proposal. Authorization to participate in the pilot
664 program may be renewed upon action of the state board. The state
665 board may revoke authorization to participate in the pilot
666 program if the school district fails to meet the requirements of
667 this section during the 3-year period.
668 (6) REPORTING.—Each participating school district shall
669 submit an annual report to the state board. The state board
670 shall annually report on the implementation of the Principal
671 Autonomy Pilot Program Initiative. Upon completion of the pilot
672 program’s first 3-year term, the Commissioner of Education shall
673 submit to the President of the Senate and the Speaker of the
674 House of Representatives by December 1 a full evaluation of the
675 effectiveness of the pilot program.
676 (7) FUNDING.—The Legislature may appropriate funding to the
677 department in the General Appropriations Act for the costs of
678 the pilot program, including administrative costs and enrollment
679 costs for the school turnaround program, and an additional
680 scholarship to each participating principal to be used at his or
681 her school.
682 (8) RULEMAKING.—The State Board of Education shall adopt
683 rules to administer this section.
684 Section 11. Subsection (2) of section 1011.69, Florida
685 Statutes, is amended to read:
686 1011.69 Equity in School-Level Funding Act.—
687 (2) Beginning in the 2003-2004 fiscal year, district school
688 boards shall allocate to schools within the district an average
689 of 90 percent of the funds generated by all schools and
690 guarantee that each school receives at least 80 percent, except
691 schools participating in the Principal Autonomy Pilot Program
692 Initiative under s. 1011.6202 are guaranteed to receive at least
693 90 percent, of the funds generated by that school based upon the
694 Florida Education Finance Program as provided in s. 1011.62 and
695 the General Appropriations Act, including gross state and local
696 funds, discretionary lottery funds, and funds from the school
697 district’s current operating discretionary millage levy. Total
698 funding for each school shall be recalculated during the year to
699 reflect the revised calculations under the Florida Education
700 Finance Program by the state and the actual weighted full-time
701 equivalent students reported by the school during the full-time
702 equivalent student survey periods designated by the Commissioner
703 of Education. If the district school board is providing programs
704 or services to students funded by federal funds, any eligible
705 students enrolled in the schools in the district shall be
706 provided federal funds.
707 Section 12. Subsection (8) is added to section 1012.28,
708 Florida Statutes, to read:
709 1012.28 Public school personnel; duties of school
711 (8) The principal of a school participating in the
712 Principal Autonomy Pilot Program Initiative under s. 1011.6202
713 has the following additional authority and responsibilities:
714 (a) In addition to the authority provided in subsection
715 (6), the authority to select qualified instructional personnel
716 for placement or to refuse to accept the placement or transfer
717 of instructional personnel by the district school
718 superintendent. Placement of instructional personnel at a
719 participating school in a participating school district does not
720 affect the employee’s status as a school district employee.
721 (b) The authority to deploy financial resources to school
722 programs at the principal’s discretion to help improve student
723 achievement, as defined in s. 1008.34(1), and meet performance
724 goals identified in the principal autonomy proposal submitted
725 pursuant to s. 1011.6202.
726 (c) To annually provide to the district school
727 superintendent and the district school board a budget for the
728 operation of the participating school that identifies how funds
729 provided pursuant to s. 1011.69(2) are allocated. The school
730 district shall include the budget in the annual report provided
731 to the State Board of Education pursuant to s. 1011.6202(6).
732 Section 13. Subsection (3) of section 1012.39, Florida
733 Statutes, is amended to read:
734 1012.39 Employment of substitute teachers, teachers of
735 adult education, nondegreed teachers of career education, and
736 career specialists; students performing clinical field
738 (3) A student who is enrolled in a state-approved teacher
739 preparation program in a postsecondary educational institution
740 that is approved by rules of the State Board of Education and
741 who is jointly assigned by the postsecondary educational
742 institution and a district school board to perform a clinical
743 field experience under the direction of a regularly employed and
744 certified educator shall, while serving such supervised clinical
745 field experience, be accorded the same protection of law as that
746 accorded to the certified educator except for the right to
747 bargain collectively as an employee of the district school
748 board. The district school board providing the clinical field
749 experience shall notify the student electronically or in writing
750 of the availability of educator liability insurance under s.
751 1012.75. A postsecondary educational institution or district
752 school board may not require a student enrolled in a state
753 approved teacher preparation program to purchase liability
754 insurance as a condition of participation in any clinical field
755 experience or related activity on the premises of an elementary
756 or a secondary school.
757 Section 14. Section 1012.731, Florida Statutes, is created
758 to read:
759 1012.731 The Florida Best and Brightest Teacher Scholarship
761 (1) The Legislature recognizes that, second only to
762 parents, teachers play the most critical role within schools in
763 preparing students to achieve a high level of academic
764 performance. The Legislature further recognizes that research
765 has linked student outcomes to a teacher’s own academic
766 achievement. Therefore, it is the intent of the Legislature to
767 designate teachers who have achieved high academic standards
768 during their own education as Florida’s best and brightest
769 teacher scholars.
770 (2) There is created the Florida Best and Brightest Teacher
771 Scholarship Program to be administered by the Department of
772 Education. The scholarship program shall provide categorical
773 funding for scholarships to be awarded to classroom teachers, as
774 defined in s. 1012.01(2)(a), who have demonstrated a high level
775 of academic achievement.
776 (3)(a) To be eligible for a scholarship, a classroom
777 teacher must have achieved a composite score at or above the
778 80th percentile on either the SAT or the ACT based on the
779 National Percentile Ranks in effect when the classroom teacher
780 took the assessment and have been evaluated as highly effective
781 pursuant to s. 1012.34 in the school year immediately preceding
782 the year in which the scholarship will be awarded, unless the
783 classroom teacher is newly hired by the district school board
784 and has not been evaluated pursuant to s. 1012.34.
785 (b) In order to demonstrate eligibility for an award, an
786 eligible classroom teacher must submit to the school district,
787 no later than November 1, an official record of his or her SAT
788 or ACT score demonstrating that the classroom teacher scored at
789 or above the 80th percentile based on the National Percentile
790 Ranks in effect when the teacher took the assessment. Once a
791 classroom teacher is deemed eligible by the school district,
792 including teachers deemed eligible in the 2015-2016 fiscal year,
793 the teacher shall remain eligible as long as he or she remains
794 employed by the school district as a classroom teacher at the
795 time of the award and receives an annual performance evaluation
796 rating of highly effective pursuant to s. 1012.34.
797 (4) Annually, by December 1, each school district shall
798 submit to the department the number of eligible classroom
799 teachers who qualify for the scholarship.
800 (5) Annually, by February 1, the department shall disburse
801 scholarship funds to each school district for each eligible
802 classroom teacher to receive a scholarship as provided in the
803 General Appropriations Act. The amount disbursed shall include a
804 scholarship award of $1,000, from the total amount of funds
805 appropriated, for each eligible classroom teacher in a Title I
806 school. Of the remaining funds, a scholarship in the amount
807 provided in the General Appropriations Act shall be awarded to
808 every eligible classroom teacher, including those in Title I
809 schools. If the number of eligible classroom teachers exceeds
810 the total appropriation authorized in the General Appropriations
811 Act, the department shall prorate the per-teacher scholarship
813 (6) Annually, by April 1, each school district shall award
814 the scholarship to each eligible classroom teacher.
815 (7) For purposes of this section, the term “school
816 district” includes the Florida School for the Deaf and the Blind
817 and charter school governing boards.
818 Section 15. Subsection (3) of section 1012.75, Florida
819 Statutes, is amended to read:
820 1012.75 Liability of teacher or principal; excessive
822 (3) The Department of Education shall administer an
823 educator liability insurance program, as provided in the General
824 Appropriations Act, to protect full-time instructional personnel
825 from liability for monetary damages and the costs of defending
826 actions resulting from claims made against the instructional
827 personnel arising out of occurrences in the course of activities
828 within the instructional personnel’s professional capacity. For
829 purposes of this subsection, the terms “full-time,” “part-time,”
830 and “administrative personnel” shall be defined by the
831 individual district school board. For purposes of this
832 subsection, the term “instructional personnel” has the same
833 meaning as provided in s. 1012.01(2).
834 (a) Liability coverage of at least $2 million shall be
835 provided to all full-time instructional personnel. Liability
836 coverage may be provided to the following individuals who choose
837 to participate in the program, at cost: part-time instructional
838 personnel, administrative personnel, and students enrolled in a
839 state-approved teacher preparation program pursuant to s.
841 (b) By August 1 of each year, the department shall notify
842 the personnel specified in paragraph (a) of the pending
843 procurement for liability coverage. By September 1 of each year,
844 each district school board shall notify the personnel specified
845 in paragraph (a) of the liability coverage provided pursuant to
846 this subsection. The department shall develop the form of the
847 notice which shall be used by each district school board. The
848 notice must be on an 8 1/2-inch by 5 1/2-inch postcard and
849 include the amount of coverage, a general description of the
850 nature of the coverage, and the contact information for coverage
851 and claims questions. The notification shall be provided
852 separately from any other correspondence. Each district school
853 board shall certify to the department, by September 15 of each
854 year, that the notification required by this paragraph has been
856 (c) The department shall consult with the Department of
857 Financial Services to select the most economically prudent and
858 cost-effective means of implementing the program through self
859 insurance, a risk management program, or competitive
861 (d) This subsection expires July 1, 2016.
862 Section 16. Section 1013.62, Florida Statutes, is amended
863 to read:
864 1013.62 Charter schools capital outlay funding.—
865 (1) In each year in which funds are appropriated for
866 charter school capital outlay purposes, the Commissioner of
867 Education shall allocate the funds among eligible charter
868 schools as specified in this section.
869 (a) To be eligible for a funding allocation, a charter
870 school must:
871 1.a. Have been in operation for 3 or more years;
872 b. Be governed by a governing board established in the
873 state for 3 or more years which operates both charter schools
874 and conversion charter schools within the state;
875 c. Be an expanded feeder chain of a charter school within
876 the same school district that is currently receiving charter
877 school capital outlay funds;
878 d. Have been accredited by the Commission on Schools of the
879 Southern Association of Colleges and Schools; or
880 e. Serve students in facilities that are provided by a
881 business partner for a charter school-in-the-workplace pursuant
882 to s. 1002.33(15)(b).
883 2. Have financial stability for future operation as a
884 charter school.
885 3. Have satisfactory student achievement based on state
886 accountability standards applicable to the charter school.
887 4. Have received final approval from its sponsor pursuant
888 to s. 1002.33 for operation during that fiscal year.
889 5. Serve students in facilities that are not provided by
890 the charter school’s sponsor.
891 (b) The first priority for charter school capital outlay
892 funding is to allocate to charter schools that received funding
893 in the 2005-2006 fiscal year an allocation of the same amount
894 per capital outlay full-time equivalent student, up to the
895 lesser of the actual number of capital outlay full-time
896 equivalent students in the current year, or the capital outlay
897 full-time equivalent students in the 2005-2006 fiscal year.
898 After calculating the first priority, the second priority is to
899 allocate excess funds remaining in the appropriation in an
900 amount equal to the per capital outlay full-time equivalent
901 student amount in the first priority calculation to eligible
902 charter schools not included in the first priority calculation
903 and to schools in the first priority calculation with growth
904 greater than the 2005-2006 capital outlay full-time equivalent
905 students. After calculating the first and second priorities,
906 excess funds remaining in the appropriation must be allocated to
907 all eligible charter schools.
908 (c) A charter school’s allocation may not exceed one
909 fifteenth of the cost per student station specified in s.
910 1013.64(6)(b). Before releasing capital outlay funds to a school
911 district on behalf of the charter school, the Department of
912 Education must ensure that the district school board and the
913 charter school governing board enter into a written agreement
914 that provides for the reversion of any unencumbered funds and
915 all equipment and property purchased with public education funds
916 to the ownership of the district school board, as provided for
917 in subsection (3) if the school terminates operations. Any funds
918 recovered by the state shall be deposited in the General Revenue
920 (b) (d) A charter school is not eligible for a funding
921 allocation if it was created by the conversion of a public
922 school and operates in facilities provided by the charter
923 school’s sponsor for a nominal fee, or at no charge, or if it is
924 directly or indirectly operated by the school district.
925 (c) It is the intent of the Legislature that the public
926 interest be protected by prohibiting personal financial
927 enrichment by owners, operators, managers, and other affiliated
928 parties of charter schools. A charter school is not eligible for
929 a funding allocation unless the chair of the governing board and
930 the chief administrative officer of the charter school annually
931 certify under oath that the funds will be used solely and
932 exclusively for constructing, renovating, or improving charter
933 school facilities that are:
934 1. Owned by a school district, political subdivision of the
935 state, municipality, Florida College System institution, or
936 state university;
937 2. Owned by an organization, qualified as an exempt
938 organization under s. 501(c)(3) of the Internal Revenue Code,
939 whose articles of incorporation specify that upon the
940 organization’s dissolution, the subject property will be
941 transferred to a school district, political subdivision of the
942 state, municipality, Florida College System institution, or
943 state university; or
944 3. Owned by and leased, at a fair market value in the
945 school district in which the charter school is located, from a
946 person or entity that is not an affiliated party of the charter
947 school. For purposes of this paragraph, the term “affiliated
948 party of the charter school” means the applicant for the charter
949 school pursuant to s. 1002.33; the governing board of the
950 charter school or a member of the governing board; the charter
951 school owner; the charter school principal; an employee of the
952 charter school; an independent contractor of the charter school
953 or the governing board of the charter school; a relative, as
954 defined in s. 1002.33(24)(a)2., of a charter school governing
955 board member, a charter school owner, a charter school
956 principal, a charter school employee, or an independent
957 contractor of a charter school or charter school governing
958 board; a subsidiary corporation, a service corporation, an
959 affiliated corporation, a parent corporation, a limited
960 liability company, a limited partnership, a trust, a
961 partnership, or a related party that individually or through one
962 or more entities that share common ownership or control that
963 directly or indirectly manages, administers, controls, or
964 oversees the operation of the charter school; or any person or
965 entity, individually or through one or more entities that share
966 common ownership, that directly or indirectly manages,
967 administers, controls, or oversees the operation of any of the
969 (d) The funding allocation for eligible charter schools
970 shall be calculated as follows:
971 1. Eligible charter schools shall be grouped into
972 categories based on their student populations according to the
973 following criteria:
974 a. Seventy-five percent or greater who are eligible for
975 free or reduced-price school lunch.
976 b. Twenty-five percent or greater with disabilities as
977 defined in state board rule and consistent with the requirements
978 of the Individuals with Disabilities Education Act.
979 2. If an eligible charter school does not meet the criteria
980 for either category under subparagraph 1., its FTE shall be
981 provided as the base amount of funding and shall be assigned a
982 weight of 1.0. An eligible charter school that meets the
983 criteria under sub-subparagraph 1.a. or sub-subparagraph 1.b.
984 shall be provided an additional 25 percent above the base
985 funding amount, and the total FTE shall be multiplied by a
986 weight of 1.25. An eligible charter school that meets the
987 criteria under both sub-subparagraphs 1.a. and 1.b. shall be
988 provided an additional 50 percent above the base funding amount,
989 and the FTE for that school shall be multiplied by a weight of
991 3. The state appropriation for charter school capital
992 outlay shall be divided by the total weighted FTE for all
993 eligible charter schools to determine the base charter school
994 per weighted FTE allocation amount. The per weighted FTE
995 allocation amount shall be multiplied by the weighted FTE to
996 determine each charter school’s capital outlay allocation.
997 (e) Unless otherwise provided in the General Appropriations
998 Act, the funding allocation for each eligible charter school is
999 determined by multiplying the school’s projected student
1000 enrollment by one-fifteenth of the cost-per-student station
1001 specified in s. 1013.64(6)(b) for an elementary, middle, or high
1002 school, as appropriate. If the funds appropriated are not
1003 sufficient, the commissioner shall prorate the available funds
1004 among eligible charter schools. However, a charter school or
1005 charter lab school may not receive state charter school capital
1006 outlay funds greater than the one-fifteenth cost per student
1007 station formula if the charter school’s combination of state
1008 charter school capital outlay funds, capital outlay funds
1009 calculated through the reduction in the administrative fee
1010 provided in s. 1002.33(20), and capital outlay funds allowed in
1011 s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
1012 student station formula.
1013 (2)(a) (f) The department shall calculate the eligible
1014 charter school funding allocations. Funds shall be allocated
1015 using distributed on the basis of the capital outlay full-time
1016 equivalent membership from by grade level, which is calculated
1017 by averaging the results of the second and third enrollment
1018 surveys and free and reduced-price school lunch data. The
1019 department shall recalculate the allocations periodically based
1020 on the receipt of revised information, on a schedule established
1021 by the Commissioner of Education.
1022 (b) The department of Education shall distribute capital
1023 outlay funds monthly, beginning in the first quarter of the
1024 fiscal year, based on one-twelfth of the amount the department
1025 reasonably expects the charter school to receive during that
1026 fiscal year. The commissioner shall adjust subsequent
1027 distributions as necessary to reflect each charter school’s
1028 recalculated allocation actual student enrollment as reflected
1029 in the second and third enrollment surveys. The commissioner
1030 shall establish the intervals and procedures for determining the
1031 projected and actual student enrollment of eligible charter
1033 (3) (2) A charter school’s governing body may use charter
1034 school capital outlay funds for the following purposes:
1035 (a) Purchase of real property.
1036 (b) Construction of school facilities.
1037 (c) Purchase, lease-purchase, or lease of permanent or
1038 relocatable school facilities.
1039 (d) Purchase of vehicles to transport students to and from
1040 the charter school.
1041 (e) Renovation, repair, and maintenance of school
1042 facilities that the charter school owns or is purchasing through
1043 a lease-purchase or long-term lease of 5 years or longer.
1044 (f) Effective July 1, 2008, purchase, lease-purchase, or
1045 lease of new and replacement equipment, and enterprise resource
1046 software applications that are classified as capital assets in
1047 accordance with definitions of the Governmental Accounting
1048 Standards Board, have a useful life of at least 5 years, and are
1049 used to support schoolwide administration or state-mandated
1050 reporting requirements.
1051 (g) Payment of the cost of premiums for property and
1052 casualty insurance necessary to insure the school facilities.
1053 (h) Purchase, lease-purchase, or lease of driver’s
1054 education vehicles; motor vehicles used for the maintenance or
1055 operation of plants and equipment; security vehicles; or
1056 vehicles used in storing or distributing materials and
1059 Conversion charter schools may use capital outlay funds received
1060 through the reduction in the administrative fee provided in s.
1061 1002.33(20) for renovation, repair, and maintenance of school
1062 facilities that are owned by the sponsor.
1063 (4) (3) If When a charter school is nonrenewed or
1064 terminated, any unencumbered funds and all equipment and
1065 property purchased with district public funds shall revert to
1066 the ownership of the district school board, as provided for in
1067 s. 1002.33(8)(e) and (f). In the case of a charter lab school,
1068 any unencumbered funds and all equipment and property purchased
1069 with university public funds shall revert to the ownership of
1070 the state university that issued the charter. The reversion of
1071 such equipment, property, and furnishings shall focus on
1072 recoverable assets, but not on intangible or irrecoverable costs
1073 such as rental or leasing fees, normal maintenance, and limited
1074 renovations. The reversion of all property secured with public
1075 funds is subject to the complete satisfaction of all lawful
1076 liens or encumbrances. If there are additional local issues such
1077 as the shared use of facilities or partial ownership of
1078 facilities or property, these issues shall be agreed to in the
1079 charter contract prior to the expenditure of funds.
1080 (5) (4) The Commissioner of Education shall specify
1081 procedures for submitting and approving requests for funding
1082 under this section and procedures for documenting expenditures.
1083 (6) (5) The annual legislative budget request of the
1084 Department of Education shall include a request for capital
1085 outlay funding for charter schools. The request shall be based
1086 on the projected number of students to be served in charter
1087 schools who meet the eligibility requirements of this section. A
1088 dedicated funding source, if identified in writing by the
1089 Commissioner of Education and submitted along with the annual
1090 charter school legislative budget request, may be considered an
1091 additional source of funding.
1092 (6) Unless authorized otherwise by the Legislature,
1093 allocation and proration of charter school capital outlay funds
1094 shall be made to eligible charter schools by the Commissioner of
1095 Education in an amount and in a manner authorized by subsection
1096 (1) .
1097 Section 17. Paragraphs (a) and (b) of subsection (2) and
1098 paragraphs (b) through (e) of subsection (6) of section 1013.64,
1099 Florida Statutes, are amended to read:
1100 1013.64 Funds for comprehensive educational plant needs;
1101 construction cost maximums for school district capital
1102 projects.—Allocations from the Public Education Capital Outlay
1103 and Debt Service Trust Fund to the various boards for capital
1104 outlay projects shall be determined as follows:
1105 (2)(a) The department shall establish, as a part of the
1106 Public Education Capital Outlay and Debt Service Trust Fund, a
1107 separate account, in an amount determined by the Legislature, to
1108 be known as the “Special Facility Construction Account.” The
1109 Special Facility Construction Account shall be used to provide
1110 necessary construction funds to school districts which have
1111 urgent construction needs but which lack sufficient resources at
1112 present, and cannot reasonably anticipate sufficient resources
1113 within the period of the next 3 years, for these purposes from
1114 currently authorized sources of capital outlay revenue. A school
1115 district requesting funding from the Special Facility
1116 Construction Account shall submit one specific construction
1117 project, not to exceed one complete educational plant, to the
1118 Special Facility Construction Committee. A No district may not
1119 shall receive funding for more than one approved project in any
1120 3-year period or while any portion of the district’s
1121 participation requirement is outstanding. The first year of the
1122 3-year period shall be the first year a district receives an
1123 appropriation. The department shall encourage a construction
1124 program that reduces the average size of schools in the
1125 district. The request must meet the following criteria to be
1126 considered by the committee:
1127 1. The project must be deemed a critical need and must be
1128 recommended for funding by the Special Facility Construction
1129 Committee. Before Prior to developing construction plans for the
1130 proposed facility, the district school board must request a
1131 preapplication review by the Special Facility Construction
1132 Committee or a project review subcommittee convened by the chair
1133 of the committee to include two representatives of the
1134 department and two staff members from school districts not
1135 eligible to participate in the program. A school district may
1136 request a preapplication review at any time; however, if the
1137 district school board seeks inclusion in the department’s next
1138 annual capital outlay legislative budget request, the
1139 preapplication review request must be made before February 1.
1140 Within 90 60 days after receiving the preapplication review
1141 request, the committee or subcommittee must meet in the school
1142 district to review the project proposal and existing facilities.
1143 To determine whether the proposed project is a critical need,
1144 the committee or subcommittee shall consider, at a minimum, the
1145 capacity of all existing facilities within the district as
1146 determined by the Florida Inventory of School Houses; the
1147 district’s pattern of student growth; the district’s existing
1148 and projected capital outlay full-time equivalent student
1149 enrollment as determined by the demographic, revenue, and
1150 education estimating conferences established in s. 216.136
1151 department; the district’s existing satisfactory student
1152 stations; the use of all existing district property and
1153 facilities; grade level configurations; and any other
1154 information that may affect the need for the proposed project.
1155 2. The construction project must be recommended in the most
1156 recent survey or survey amendment cooperatively prepared surveys
1157 by the district and the department, and approved by the
1158 department under the rules of the State Board of Education. If a
1159 district employs a consultant in the preparation of a survey or
1160 survey amendment, the consultant may not be employed by or
1161 receive compensation from a third party that designs or
1162 constructs a project recommended by the survey.
1163 3. The construction project must appear on the district’s
1164 approved project priority list under the rules of the State
1165 Board of Education.
1166 4. The district must have selected and had approved a site
1167 for the construction project in compliance with s. 1013.36 and
1168 the rules of the State Board of Education.
1169 5. The district shall have developed a district school
1170 board adopted list of facilities that do not exceed the norm for
1171 net square feet occupancy requirements under the State
1172 Requirements for Educational Facilities, using all possible
1173 programmatic combinations for multiple use of space to obtain
1174 maximum daily use of all spaces within the facility under
1176 6. Upon construction, the total cost per student station,
1177 including change orders, must not exceed the cost per student
1178 station as provided in subsection (6) except for cost overruns
1179 created by a disaster as defined in s. 252.34 or an
1180 unforeseeable circumstance beyond the district’s control as
1181 determined by the Special Facility Construction Committee.
1182 7. There shall be an agreement signed by the district
1183 school board stating that it will advertise for bids within 30
1184 days of receipt of its encumbrance authorization from the
1186 8. For construction projects for which Special Facilities
1187 Construction Account funding is sought before the 2019-2020
1188 fiscal year, the district shall, at the time of the request and
1189 for a continuing period necessary to meet the district’s
1190 participation requirement of 3 years, levy the maximum millage
1191 against its their nonexempt assessed property value as allowed
1192 in s. 1011.71(2) or shall raise an equivalent amount of revenue
1193 from the school capital outlay surtax authorized under s.
1194 212.055(6). Beginning with construction projects for which
1195 Special Facilities Construction Account funding is sought in the
1196 2019-2020 fiscal year, the district shall, for a minimum of 3
1197 years before submitting the request and for a continuing period
1198 necessary to meet its participation requirement, levy the
1199 maximum millage against the district’s nonexempt assessed
1200 property value as authorized under s. 1011.71(2) or shall raise
1201 an equivalent amount of revenue from the school capital outlay
1202 surtax authorized under s. 212.055(6). Any district with a new
1203 or active project, funded under the provisions of this
1204 subsection, shall be required to budget no more than the value
1205 of 1 mill 1.5 mills per year to the project until the district’s
1206 to satisfy the annual participation requirement relating to the
1207 local discretionary capital improvement millage or the
1208 equivalent amount of revenue from the school capital outlay
1209 surtax is satisfied in the Special Facility Construction
1211 9. If a contract has not been signed 90 days after the
1212 advertising of bids, the funding for the specific project shall
1213 revert to the Special Facility New Construction Account to be
1214 reallocated to other projects on the list. However, an
1215 additional 90 days may be granted by the commissioner.
1216 10. The department shall certify the inability of the
1217 district to fund the survey-recommended project over a
1218 continuous 3-year period using projected capital outlay revenue
1219 derived from s. 9(d), Art. XII of the State Constitution, as
1220 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
1221 11. The district shall have on file with the department an
1222 adopted resolution acknowledging its 3-year commitment to
1223 satisfy its participation requirement, which is equivalent to of
1224 all unencumbered and future revenue acquired from s. 9(d), Art.
1225 XII of the State Constitution, as amended, paragraph (3)(a) of
1226 this section, and s. 1011.71(2), in the year of the initial
1227 appropriation and for the 2 years immediately following the
1228 initial appropriation.
1229 12. Final phase III plans must be certified by the district
1230 school board as complete and in compliance with the building and
1231 life safety codes before June 1 of the year the application is
1232 made prior to August 1.
1233 (b) The Special Facility Construction Committee shall be
1234 composed of the following: two representatives of the Department
1235 of Education, a representative from the Governor’s office, a
1236 representative selected annually by the district school boards,
1237 and a representative selected annually by the superintendents. A
1238 representative of the department shall chair the committee.
1240 (b)1. A district school board may must not use funds from
1241 the following sources: Public Education Capital Outlay and Debt
1242 Service Trust Fund; School District and Community College
1243 District Capital Outlay and Debt Service Trust Fund; Classrooms
1244 First Program funds provided in s. 1013.68; nonvoted 1.5-mill
1245 levy of ad valorem property taxes provided in s. 1011.71(2);
1246 Classrooms for Kids Program funds provided in s. 1013.735;
1247 District Effort Recognition Program funds provided in s.
1248 1013.736; or High Growth District Capital Outlay Assistance
1249 Grant Program funds provided in s. 1013.738 for any new
1250 construction of educational plant space with a total cost per
1251 student station, including change orders, that equals more than:
1252 a. $17,952 for an elementary school,
1253 b. $19,386 for a middle school, or
1254 c. $25,181 for a high school,
1256 (January 2006) as adjusted annually to reflect increases or
1257 decreases in the Consumer Price Index.
1258 2. School districts shall maintain accurate documentation
1259 related to the costs of all new construction of educational
1260 plant space reported to the Department of Education pursuant to
1261 paragraph (d). The Auditor General shall review the
1262 documentation maintained by the school districts and verify
1263 compliance with the limits under this paragraph during its
1264 scheduled operational audits of the school district. The Auditor
1265 General shall make the final determination on district
1267 3. The Office of Program Policy Analysis and Government
1268 Accountability (OPPAGA), in consultation with the department,
1270 a. Conduct a study of the cost per student station amounts
1271 using the most recent available information on construction
1272 costs. In this study, the costs per student station should
1273 represent the costs of classroom construction and administrative
1274 offices as well as the supplemental costs of core facilities,
1275 including required media centers, gymnasiums, music rooms,
1276 cafeterias and their associated kitchens and food service areas,
1277 vocational areas, and other defined specialty areas, including
1278 exceptional student education areas. The study must take into
1279 account appropriate cost-effectiveness factors in school
1280 construction and should include input from industry experts.
1281 OPPAGA must provide the results of the study and recommendations
1282 on the cost per student station to the Governor, the President
1283 of the Senate, and the Speaker of the House of Representatives
1284 no later than January 31, 2017.
1285 b. Conduct a study of the State Requirements for Education
1286 Facilities (SREF)to identify current requirements that can be
1287 eliminated or modified in order to decrease the cost of
1288 construction of educational facilities while ensuring student
1289 safety. OPPAGA must provide the results of the study, and an
1290 overall recommendation as to whether SREF should be retained, to
1291 the Governor, the President of the Senate, and the Speaker of
1292 the House of Representatives no later than January 31, 2017.
1293 4. Effective July 1, 2017, in addition to the funding
1294 sources listed in subparagraph 1., a district school board may
1295 not use funds from any sources for new construction of
1296 educational plant space with a total cost per student station,
1297 including change orders, which equals more than the current
1298 adjusted amounts provided in sub-subparagraphs 1.a.-c. which
1299 shall subsequently be adjusted annually to reflect increases or
1300 decreases in the Consumer Price Index.
1301 5. 2. A district school board must not use funds from the
1302 Public Education Capital Outlay and Debt Service Trust Fund or
1303 the School District and Community College District Capital
1304 Outlay and Debt Service Trust Fund for any new construction of
1305 an ancillary plant that exceeds 70 percent of the average cost
1306 per square foot of new construction for all schools.
1307 (c) Except as otherwise provided, new construction
1308 initiated by a district school board on or after July 1, 2017,
1309 may after June 30, 1997, must not exceed the cost per student
1310 station as provided in paragraph (b). A school district that
1311 exceeds the cost per student station provided in paragraph (b),
1312 as determined by the Auditor General, shall be subject to
1313 sanctions. If the Auditor General determines that the cost per
1314 student station overage is de minimus or due to extraordinary
1315 circumstances outside the control of the district, the sanctions
1316 shall not apply. The sanctions are as follows:
1317 1. The school district shall be ineligible for allocations
1318 from the Public Education Capital Outlay and Debt Service Trust
1319 Fund for the next 3 years in which the school district would
1320 have received allocations had the violation not occurred.
1321 2. The school district shall be subject to the supervision
1322 of a district capital outlay oversight committee. The oversight
1323 committee is authorized to approve all capital outlay
1324 expenditures of the school district, including new construction,
1325 renovations, and remodeling, for 3 fiscal years following the
1327 a. Each oversight committee shall be composed of the
1329 (I) One appointee of the Commissioner of Education who has
1330 significant financial management, school facilities
1331 construction, or related experience.
1332 (II) One appointee of the office of the state attorney with
1333 jurisdiction over the district.
1334 (III) One appointee of the Auditor General who is a
1335 licensed certified public accountant.
1336 b. An appointee to the oversight committee may not be
1337 employed by the school district; be a relative, as defined in s.
1338 1002.33(24)(a)2., of any school district employee; or be an
1339 elected official. Each appointee must sign an affidavit
1340 attesting to these conditions and affirming that no conflict of
1341 interest exists in his or her oversight role.
1342 (d) The department shall:
1343 1. Compute for each calendar year the statewide average
1344 construction costs for facilities serving each instructional
1345 level, for relocatable educational facilities, for
1346 administrative facilities, and for other ancillary and auxiliary
1347 facilities. The department shall compute the statewide average
1348 costs per student station for each instructional level.
1349 2. Annually review the actual completed construction costs
1350 of educational facilities in each school district. For any
1351 school district in which the total actual cost per student
1352 station, including change orders, exceeds the statewide limits
1353 established in paragraph (b), the school district shall report
1354 to the department the actual cost per student station and the
1355 reason for the school district’s inability to adhere to the
1356 limits established in paragraph (b). The department shall
1357 collect all such reports and shall provide these reports to the
1358 Auditor General for verification purposes report to the
1359 Governor, the President of the Senate, and the Speaker of the
1360 House of Representatives by December 31 of each year a summary
1361 of each school district’s spending in excess of the cost per
1362 student station provided in paragraph (b) as reported by the
1363 school districts.
1365 Cost per student station includes contract costs, legal and
1366 administrative costs, fees of architects and engineers,
1367 furniture and equipment, and site improvement costs. Cost per
1368 student station does not include the cost of purchasing or
1369 leasing the site for the construction or the cost of related
1370 offsite improvements.
1371 (e) The restrictions of this subsection on the cost per
1372 student station of new construction do not apply to a project
1373 funded entirely from proceeds received by districts through
1374 provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
1375 State Constitution, if the school board approves the project by
1376 majority vote.
1377 Section 18. Subsection (7) is added to section 1013.74,
1378 Florida Statutes, to read:
1379 1013.74 University authorization for fixed capital outlay
1381 (7) A university board of trustees may expend reserve or
1382 carry-forward balances from prior year operational and
1383 programmatic appropriations for fixed capital outlay projects
1384 approved by the Board of Governors which include significant
1385 academic instructional space or critical deferred maintenance
1386 needs in this area.
1387 Section 19. Competency-based innovation pilot program.
1388 Beginning with the 2016-2017 school year, a competency-based
1389 innovation pilot program is established within the Department of
1391 (1) For the purposes of this section, the term “competency
1392 based education” means a system in which a student may advance
1393 to higher levels of learning after demonstrating a mastery of
1394 concepts and skills instead of after a specified timeframe.
1395 (2) Public schools in Lake, Palm Beach, Pinellas, and
1396 Seminole Counties; P.K. Yonge Developmental Research School; and
1397 school districts or charter schools designated by the
1398 Commissioner of Education may submit an application to the
1399 department for approval of a competency-based innovation pilot
1400 program. The application shall be submitted on a form provided
1401 and by a date specified by the department and must include, but
1402 need not be limited to, the following:
1403 (a) A vision for the pilot program, including a timeline
1404 for the program and the timeframe for districtwide
1405 implementation of competency-based education.
1406 (b) Annual goals and performance outcomes that
1407 participating schools must meet, including, but not limited to:
1408 1. Student performance, as defined in s. 1008.34, Florida
1410 2. Promotion and retention rates.
1411 3. Graduation rates.
1412 4. Indicators of college and career readiness.
1413 (c) A communication plan for stakeholders, including
1414 businesses and community members.
1415 (d) A scope of, and a timeline for, professional
1417 (e) A plan for student progression based on mastery of
1418 concepts and skills, including proposed methods to determine the
1419 degree to which a student has attained mastery of concepts and
1421 (f) A plan for using technology and digital and blended
1422 learning to enhance student achievement and to facilitate
1423 competency-based education.
1424 (g) A plan for how resources will be allocated for the
1425 pilot program at both the district and school levels.
1426 (h) The recruitment and selection of participating schools.
1427 (i) Rules to be waived, as authorized in subsection (3), as
1428 necessary to implement the program.
1429 (3) In addition to the waivers provided in s. 1001.10(3),
1430 Florida Statutes, the State Board of Education may authorize the
1431 Commissioner of Education to grant waivers relating to the
1432 awarding of credit and pupil progression.
1433 (4) Students participating in the pilot program at
1434 participating schools shall be reported and generate funding
1435 consistent with the requirements of s. 1011.62, Florida
1437 (5) The department shall:
1438 (a) Compile student and staff schedules before and after
1439 implementation of the pilot program.
1440 (b) Provide access to statewide, standardized assessments
1441 pursuant to s. 1008.22(3), Florida Statutes.
1442 (c) By June 1 of each year, provide a report summarizing
1443 the activities and accomplishments of the pilot programs and any
1444 recommendations for statutory revisions for statewide
1445 implementation to the Governor, the President of the Senate, and
1446 the Speaker of the House of Representatives.
1447 (6) This section expires June 30, 2021.
1448 Section 20. Paragraph (a) of subsection (20) of section
1449 1002.33, Florida Statutes, is amended to read:
1450 1002.33 Charter schools.—
1451 (20) SERVICES.—
1452 (a)1. A sponsor shall provide certain administrative and
1453 educational services to charter schools. These services shall
1454 include contract management services; full-time equivalent and
1455 data reporting services; exceptional student education
1456 administration services; services related to eligibility and
1457 reporting duties required to ensure that school lunch services
1458 under the federal lunch program, consistent with the needs of
1459 the charter school, are provided by the school district at the
1460 request of the charter school, that any funds due to the charter
1461 school under the federal lunch program be paid to the charter
1462 school as soon as the charter school begins serving food under
1463 the federal lunch program, and that the charter school is paid
1464 at the same time and in the same manner under the federal lunch
1465 program as other public schools serviced by the sponsor or the
1466 school district; test administration services, including payment
1467 of the costs of state-required or district-required student
1468 assessments; processing of teacher certificate data services;
1469 and information services, including equal access to student
1470 information systems that are used by public schools in the
1471 district in which the charter school is located. Student
1472 performance data for each student in a charter school,
1473 including, but not limited to, FCAT scores, standardized test
1474 scores, previous public school student report cards, and student
1475 performance measures, shall be provided by the sponsor to a
1476 charter school in the same manner provided to other public
1477 schools in the district.
1478 2. A total administrative fee for the provision of such
1479 services shall be calculated based upon up to 5 percent of the
1480 available funds defined in paragraph (17)(b) for all students,
1481 except that when 75 percent or more of the students enrolled in
1482 the charter school are exceptional students as defined in s.
1483 1003.01(3), the 5 percent of those available funds shall be
1484 calculated based on unweighted full-time equivalent students.
1485 However, a sponsor may only withhold up to a 5-percent
1486 administrative fee for enrollment for up to and including 250
1487 students. For charter schools with a population of 251 or more
1488 students, the difference between the total administrative fee
1489 calculation and the amount of the administrative fee withheld
1490 may only be used for capital outlay purposes specified in s.
1491 1013.62(3) s. 1013.62(2).
1492 3. For high-performing charter schools, as defined in ch.
1493 2011-232, a sponsor may withhold a total administrative fee of
1494 up to 2 percent for enrollment up to and including 250 students
1495 per school.
1496 4. In addition, a sponsor may withhold only up to a 5
1497 percent administrative fee for enrollment for up to and
1498 including 500 students within a system of charter schools which
1499 meets all of the following:
1500 a. Includes both conversion charter schools and
1501 nonconversion charter schools;
1502 b. Has all schools located in the same county;
1503 c. Has a total enrollment exceeding the total enrollment of
1504 at least one school district in the state;
1505 d. Has the same governing board; and
1506 e. Does not contract with a for-profit service provider for
1507 management of school operations.
1508 5. The difference between the total administrative fee
1509 calculation and the amount of the administrative fee withheld
1510 pursuant to subparagraph 4. may be used for instructional and
1511 administrative purposes as well as for capital outlay purposes
1512 specified in s. 1013.62(3) s. 1013.62(2).
1513 6. For a high-performing charter school system that also
1514 meets the requirements in subparagraph 4., a sponsor may
1515 withhold a 2-percent administrative fee for enrollments up to
1516 and including 500 students per system.
1517 7. Sponsors shall not charge charter schools any additional
1518 fees or surcharges for administrative and educational services
1519 in addition to the maximum 5-percent administrative fee withheld
1520 pursuant to this paragraph.
1521 8. The sponsor of a virtual charter school may withhold a
1522 fee of up to 5 percent. The funds shall be used to cover the
1523 cost of services provided under subparagraph 1. and
1524 implementation of the school district’s digital classrooms plan
1525 pursuant to s. 1011.62.
1526 Section 21. This act shall take effect July 1, 2016.
1528 ================= T I T L E A M E N D M E N T ================
1529 And the title is amended as follows:
1530 Delete everything before the enacting clause
1531 and insert:
1532 A bill to be entitled
1533 An act relating to education; amending s. 1001.42,
1534 F.S.; revising the duties of a district school board;
1535 creating s. 1001.66, F.S.; creating a Florida College
1536 System Performance-Based Incentive for Florida College
1537 System institutions; requiring the State Board of
1538 Education to adopt certain metrics and benchmarks;
1539 providing for funding and allocation of the
1540 incentives; authorizing the state board to withhold an
1541 institution’s incentive under certain circumstances;
1542 requiring the Commissioner of Education to withhold
1543 certain disbursements under certain circumstances;
1544 providing for reporting and rulemaking; creating s.
1545 1001.67, F.S.; establishing a collaboration between
1546 the state board and the Legislature to designate
1547 certain Florida College System institutions as
1548 distinguished colleges; specifying standards for the
1549 designation; requiring the state board to award the
1550 designation to certain Florida College System
1551 institutions; providing that the designated
1552 institutions are eligible for funding as specified in
1553 the General Appropriations Act; amending s. 1001.7065,
1554 F.S.; deleting obsolete provisions; revising the
1555 academic and research excellence standards for the
1556 preeminent state research universities program;
1557 requiring the Board of Governors to designate a state
1558 university that meets specified requirements as an
1559 “emerging preeminent state research university”;
1560 requiring an emerging preeminent state research
1561 university to submit a certain plan to the board and
1562 meet specified expectations to receive certain funds;
1563 providing for the distribution of certain funding
1564 increases; deleting provisions relating to the
1565 preeminent state research university enhancement
1566 initiative and special course requirement
1567 authorization; amending s. 1001.92, F.S.; requiring
1568 performance-based metrics to include specified wage
1569 thresholds; requiring the board to establish minimum
1570 performance funding eligibility thresholds;
1571 prohibiting a state university that fails to meet the
1572 state’s threshold from eligibility for a share of the
1573 state’s investment performance funding; requiring the
1574 board to adopt regulations; deleting an expiration;
1575 amending s. 1002.391, F.S.; requiring a school
1576 district to add a specified number of points to the
1577 calculation of a matrix of services for a student who
1578 is deaf and enrolled in an auditory-oral education
1579 program; amending s. 1002.53, F.S.; revising
1580 eligibility for the Voluntary Prekindergarten
1581 Education Program; amending s. 1003.4282, F.S.;
1582 revising the online course requirement; authorizing a
1583 district school board or a charter school governing
1584 board to offer certain additional options to meet the
1585 requirement; amending s. 1011.62, F.S.; creating a
1586 federally connected student supplement for school
1587 districts; specifying eligibility requirements and
1588 calculations for allocations of the supplement;
1589 creating s. 1011.6202, F.S.; creating the Principal
1590 Autonomy Pilot Program Initiative; providing a purpose
1591 for the pilot program; providing a procedure for a
1592 school district to in the pilot program; providing
1593 requirements for participating school districts and
1594 schools; exempting participating schools from certain
1595 laws and rules; requiring principals of participating
1596 schools and specified personnel to complete a
1597 nationally recognized school turnaround program;
1598 providing for the term of participation in the pilot
1599 program; providing for renewal or revocation of
1600 authorization to participate in the pilot program;
1601 providing for reporting, funding, and eligibility
1602 requirements for certain funding and rulemaking;
1603 amending s. 1011.69, F.S.; requiring participating
1604 district school boards to allocate a specified
1605 percentage of certain funds to participating schools;
1606 amending s. 1012.28, F.S.; providing additional
1607 authority and responsibilities of the principal of a
1608 participating school; amending s. 1012.39, F.S.;
1609 providing requirements regarding liability insurance
1610 for students performing clinical field experience;
1611 creating s. 1012.731, F.S.; providing legislative
1612 intent; establishing the Florida Best and Brightest
1613 Teacher Scholarship Program; providing eligibility
1614 criteria; requiring a school district to annually
1615 submit the number of eligible teachers to the
1616 Department of Education; providing for funding and the
1617 disbursement of funds; defining the term “school
1618 district”; amending s. 1012.75, F.S.; requiring annual
1619 notification of liability insurance to specified
1620 personnel; abrogating the scheduled expiration of the
1621 educator liability insurance program; amending s.
1622 1013.62, F.S.; deleting provisions relating to
1623 priorities for charter school capital outlay funding;
1624 deleting provisions relating to a charter school’s
1625 allocation; providing that a charter school is not
1626 eligible for funding unless it meets certain
1627 requirements; defining the term “affiliated party of
1628 the charter school”; revising the funding allocation
1629 calculation; requiring the Department of Education to
1630 calculate and periodically recalculate, as necessary,
1631 the eligible charter school funding allocations;
1632 deleting provisions relating to certain duties of the
1633 Commissioner of Education; amending s. 1013.64, F.S.;
1634 providing that a school district may not receive funds
1635 from the Special Facility Construction Account under
1636 certain circumstances; revising the criteria for a
1637 request for funding; authorizing the request for a
1638 preapplication review to take place at any time;
1639 providing exceptions; revising the timeframe for
1640 completion of the review; providing that certain
1641 capital outlay full-time equivalent student enrollment
1642 estimates be determined by specified estimating
1643 conferences; requiring surveys to be cooperatively
1644 prepared by certain entities and approved by the
1645 Department of Education; prohibiting certain
1646 consultants from specified employment and
1647 compensation; providing an exception to prohibiting
1648 the cost per student station from exceeding a certain
1649 amount; requiring a school district to levy the
1650 maximum millage against certain property value under
1651 certain circumstances; reducing the required millage
1652 to be budgeted for a project; requiring certain plans
1653 to be finalized by a specified date; requiring a
1654 representative of the department to chair the Special
1655 Facility Construction Committee; requiring school
1656 districts to maintain accurate documentation related
1657 to specified costs; requiring the Auditor General to
1658 review such documentation; providing that the Auditor
1659 General makes final determinations on compliance;
1660 requiring the Office of Program Policy Analysis and
1661 Government Accountability to conduct a study, in
1662 consultation with the department, on cost per student
1663 station amounts and on the State Requirements for
1664 Education Facilities; requiring reports to the
1665 Governor and the Legislature by a specified date;
1666 prohibiting a district school board from using funds
1667 for specified purposes for certain projects; providing
1668 sanctions for school districts that exceed certain
1669 costs; providing for the creation of a district
1670 capital outlay oversight committee; providing for
1671 membership of the oversight committee; requiring the
1672 department to provide certain reports to the Auditor
1673 General; deleting a provision relating to
1674 applicability of certain restrictions on the cost per
1675 student station of new construction; amending s.
1676 1013.74, F.S.; authorizing a university board of
1677 trustees to expend reserve or carry-forward balances
1678 for certain projects; establishing a competency-based
1679 innovation pilot program within the Department of
1680 Education; defining the term “competency-based
1681 education”; authorizing certain schools to apply to
1682 the department for approval of a competency-based
1683 innovation pilot program; specifying information to be
1684 included in the application; authorizing certain
1685 waivers; providing reporting and funding requirements
1686 for students participating in the pilot program at
1687 participating schools; requiring the department to
1688 compile certain information and provide access to
1689 statewide, standardized assessments; requiring the
1690 department to submit an annual report to the Governor
1691 and the Legislature by a specified date; specifying
1692 the contents of the annual report; providing for
1693 expiration of the pilot program; amending s. 1002.33,
1694 F.S.; conforming cross-references; providing an
1695 effective date.