ENROLLED
2019 Legislature CS for SB 7070, 1st Engrossed
20197070er
1
2 An act relating to K-12 education; amending s.
3 212.099, F.S.; deleting a specified reference to a
4 certain program; revising the definition of the terms
5 “eligible contribution” or “contribution”; revising
6 the authorized uses of eligible contributions;
7 amending s. 212.1832, F.S.; deleting a specified
8 reference to a certain program; deleting obsolete
9 language; amending s. 1002.20, F.S.; revising the
10 programs through which certain parents may seek
11 private educational choice options; amending s.
12 1002.33, F.S.; providing that charters may include a
13 provision for charter schools to be held responsible
14 for all costs incurred by the district in connection
15 with complaints to the Office of Civil Rights or the
16 Equal Employment Opportunity Commission; amending s.
17 1002.333, F.S.; revising definitions; revising
18 requirements for hope operators seeking to open a
19 school of hope; revising requirements for the
20 performance-based agreement; revising requirements for
21 the expenditure of funds under the Schools of Hope
22 Program; requiring that ownership of certain property,
23 furnishings, and equipment revert to the district
24 school board upon the dissolution or termination of a
25 school of hope; providing that certain funds and
26 specified improvements, furnishings, equipment, and
27 records be held in trust upon a request by a district
28 school board; deleting the authorization for a
29 traditional public school to receive funds from the
30 program; deleting a requirement for the State Board of
31 Education to provide awards and annually report
32 certain information; conforming provisions to changes
33 made by the act; creating s. 1002.394, F.S.;
34 establishing the Family Empowerment Scholarship
35 Program; providing the purpose of the program;
36 defining terms; providing initial scholarship
37 eligibility requirements; providing for the term of
38 such scholarships; prohibiting certain students from
39 scholarship eligibility; requiring school districts to
40 inform specified households within their respective
41 districts of their eligibility to receive a Family
42 Empowerment Scholarship; requiring the Department of
43 Education to provide the form to be used by school
44 districts for that purpose; requiring school districts
45 to notify certain students of specified information
46 relating to statewide assessments; requiring school
47 districts, upon the request of the department, to
48 provide statewide assessments and related materials to
49 certain private schools; providing requirements for
50 the administration of statewide assessments at certain
51 private schools; requiring school districts to publish
52 information relating to the scholarship program on
53 their respective websites; providing requirements for
54 the published information; requiring the department to
55 publish and update information relating to the program
56 on the department website; requiring the department to
57 cross-check specified information; providing
58 requirements for private school participation in the
59 program; providing requirements for participating
60 students and their parents; providing obligations for
61 participation of eligible scholarship-funding
62 organizations in the program; providing the maximum
63 number of students who may participate in the
64 scholarship program, beginning with a specified school
65 year; providing for subsequent increases in the
66 authorized number of participating students; providing
67 for the calculation of school district funding
68 entitlement under the program; requiring school
69 districts to report all students who attend a private
70 school under the program; providing that such students
71 must be reported separately for certain purposes;
72 requiring the department to transfer funds from the
73 General Revenue Fund to an account for the program;
74 requiring that program funds for students entering a
75 Department of Juvenile Justice commitment program be
76 transferred from the school district in which the
77 student last attended school before commitment;
78 providing that the department must receive specified
79 information relating to such students within a
80 specified timeframe; requiring the Chief Financial
81 Officer to make scholarship payments to the
82 department; providing requirements for such payments;
83 requiring the department to request from the
84 Department of Financial Services a sample of certain
85 endorsed warrants for a specified purpose; providing
86 immunity from liability for the state; providing a
87 scope of authority with regard to the regulation of
88 private schools; requiring the state board to adopt
89 rules; providing a requirement for such rules;
90 providing an implementation schedule for a specified
91 school year; providing additional eligibility
92 requirements; requiring the Department of Education to
93 expedite the publication of specified information on
94 the department’s website; providing a deadline for a
95 specified payment by the Chief Financial Officer;
96 providing for the expiration of provisions related to
97 a specified school year; amending s. 1002.385, F.S.;
98 deleting the authorization for certain nonprofit
99 scholarship-funding organizations to receive specified
100 funds; amending s. 1002.395, F.S.; revising
101 eligibility requirements under the Florida Tax Credit
102 Scholarship Program for certain students; revising
103 obligations of certain nonprofit scholarship-funding
104 organizations relating to the program; revising a
105 requirement for certain contributions to annually be
106 used by a specified date to provide scholarships to
107 eligible students; revising the calculation
108 methodology to be used for the scholarship amount
109 provided to certain students under the program;
110 amending s. 1002.40, F.S.; revising the calculation
111 methodology to be used for awards under the Hope
112 Scholarship Program; conforming provisions to changes
113 made by the act; specifying limitations on the amount
114 of certain contributions which eligible scholarship
115 funding organizations may carry forward to the
116 following fiscal year; authorizing certain funds
117 relating to the Hope Scholarship Program to be used to
118 fund the Florida Tax Credit Scholarship Program, under
119 specified conditions; expanding the language required
120 to be included on the contribution election form
121 relating to the Hope Scholarship Program and the
122 Florida Tax Credit Scholarship Program; amending s.
123 1002.411, F.S.; deleting obsolete language; revising
124 the award of reading scholarship accounts to be
125 provided in the General Appropriations Act; deleting
126 the authorization for certain nonprofit scholarship
127 funding organizations to receive specified funds;
128 creating part VII of ch. 1003, F.S., entitled “Public
129 School Innovation”; creating s. 1003.64, F.S.;
130 providing legislative intent; creating the Community
131 School Grant Program within the department; providing
132 the purpose of the program; defining terms;
133 establishing the Center for Community Schools within
134 the University of Central Florida; authorizing the
135 center to facilitate the implementation of its
136 community school model through grants; providing
137 duties for the center; providing that, in prioritizing
138 planning grant awards, priority must be given to
139 certain school districts; requiring the center to
140 annually publish, by a specified date, specified
141 information on its website; amending s. 1004.04, F.S.;
142 revising requirements for the rules to establish
143 uniform core curricula for state-approved teacher
144 preparation programs; revising the evidence to be used
145 in the determination of continued approval of teacher
146 preparation programs; revising reporting requirements
147 for public and private institutions that offer state
148 approved teacher preparation programs; revising
149 requirements for preservice field experience courses
150 and internships; amending s. 1004.85, F.S.; revising
151 requirements for educator preparation programs;
152 revising requirements relating to annual performance
153 evaluations that educator preparation institutes are
154 required to submit to the department; amending s.
155 1008.33, F.S.; authorizing a district-managed
156 turnaround plan to include a proposal regarding the
157 length and number of planned school days; making a
158 technical change; amending s. 1011.62, F.S.; deleting
159 a requirement for the total allocation of the
160 federally connected student supplement to be prorated
161 under specified circumstances; creating the Florida
162 Best and Brightest Teacher and Principal Allocation;
163 providing the purpose of the allocation; requiring
164 that, subject to the appropriation of funds, each
165 school district receive an allocation based on its
166 proportional share of Florida Education Finance
167 Program base funding; authorizing the Legislature to
168 specify a minimum allocation; requiring school
169 districts to provide specified awards to eligible
170 teachers and principals from allocated funds;
171 requiring school districts to prorate awards under
172 certain circumstances; creating the turnaround school
173 supplemental services allocation; providing a purpose;
174 providing for services that may be funded by the
175 allocation; authorizing school districts to enter into
176 formal agreements with certain organizations to
177 provide specified services to students and families;
178 requiring a school district to submit a plan to its
179 school board before distribution of the allocation;
180 specifying requirements for such plans; requiring each
181 school district to annually submit approved plans to
182 the commissioner by a specified date; specifying the
183 basis for each school district’s funding allocation;
184 providing for a school’s continued eligibility for
185 funding; amending s. 1011.71, F.S.; conforming a
186 cross-reference and provisions to changes made by the
187 act; amending s. 1012.56, F.S.; deleting obsolete
188 language; requiring school districts to provide test
189 support information to individuals who do not meet
190 passing scores on any subtest of the general knowledge
191 examination; deleting the requirement that an
192 individual who holds a temporary certificate
193 demonstrate mastery of general knowledge within a
194 specified timeframe; removing the prohibition on
195 employment for an individual who has not met specified
196 requirements; expanding circumstances under which the
197 State Board of Education is required to adopt rules to
198 allow the department to extend the validity period of
199 a temporary certificate; requiring the department to
200 extend, rather than reissue, a temporary certificate
201 in certain circumstances; amending s. 1012.59, F.S.;
202 revising requirements for rulemaking by the state
203 board relating to certification fees; deleting a
204 requirement that an examination fee be sufficient to
205 cover the actual cost of developing and administering
206 the examination; amending s. 1012.731, F.S.; renaming
207 the Florida Best and Brightest Teacher Scholarship
208 Program as the Florida Best and Brightest Teacher
209 Program; revising legislative intent relating to the
210 program; deleting authority for the Department of
211 Education to administer the program; specifying the
212 funding source for the program; providing for
213 recruitment, retention, and recognition awards;
214 providing eligibility requirements; deleting a
215 requirement for school districts to submit certain
216 information to the department; deleting a requirement
217 for the department to disburse scholarship funds to
218 certain school districts; deleting a requirement for
219 school districts to award specified scholarships;
220 deleting a definition; amending s. 1012.732, F.S.;
221 renaming the Florida Best and Brightest Principal
222 Scholarship Program as the Florida Best and Brightest
223 Principal Program; revising legislative intent
224 relating to the program; deleting authority for the
225 department to administer the program; specifying the
226 funding source for the program; providing eligibility
227 requirements; deleting a requirement for the
228 department to identify eligible school principals and
229 disburse funds; deleting a requirement for school
230 districts to award scholarships to specified school
231 principals; deleting a requirement for school
232 districts to provide certain principals with
233 additional authority and responsibilities; deleting a
234 definition; amending s. 1013.31, F.S.; authorizing a
235 school district, in the absence of a survey
236 recommendation, to use funds from a taxpayer-approved
237 bond referendum to fund construction of educational,
238 auxiliary, or ancillary facilities and to use funds
239 from a specified district school tax for certain
240 capital outlay purposes; authorizing the commissioner
241 to direct specified capital outlay funds to be
242 withheld from school districts until a specified time;
243 amending s. 1013.385, F.S.; revising voting
244 requirements for adoption by a district school board
245 of a resolution to implement exceptions to the
246 educational facilities construction requirements;
247 deleting actions required of district school boards
248 before voting may take place; amending s. 1013.64,
249 F.S.; authorizing certain school districts to request
250 funding from a specified account before completion of
251 certain requirements; revising the information
252 required to be included in a school district’s request
253 to receive certain funding; providing that specified
254 restrictions do not apply to certain school districts;
255 prohibiting district school boards from using
256 specified funds to pay for any portion of the cost of
257 certain new construction; requiring the department, in
258 conjunction with the Office of Economic and
259 Demographic Research, to annually review and adjust
260 limits on the cost per student station, based on
261 certain factors; requiring the department to use the
262 adjusted cost per student station for each
263 instructional level; requiring the department to
264 collaborate with the office to select a certain index
265 by a specified date; deleting a requirement that the
266 department make the final determination on district
267 compliance under specified circumstances; providing an
268 exception to a prohibition on the usage of specified
269 funds by district school boards; deleting obsolete
270 language; revising the calculation methodology
271 relating to a prohibition on funding for district
272 school boards; deleting a requirement that school
273 districts be subject to sanctions under certain
274 circumstances; revising the costs that may be included
275 and that may not be included in calculating the cost
276 per student station; expanding the authority of the
277 Department of Revenue to adopt emergency rules;
278 providing that certain rules are effective for a
279 specified length of time and may be renewed; providing
280 an effective date; providing for future expiration;
281 providing effective dates.
282
283 Be It Enacted by the Legislature of the State of Florida:
284
285 Section 1. Section 212.099, Florida Statutes, is amended to
286 read:
287 212.099 Credit for contributions to eligible nonprofit
288 scholarship-funding organizations Florida Sales Tax Credit
289 Scholarship Program.—
290 (1) As used in this section, the term:
291 (a) “Eligible business” means a tenant or person actually
292 occupying, using, or entitled to the use of any property from
293 which the rental or license fee is subject to taxation under s.
294 212.031.
295 (b) “Eligible contribution” or “contribution” means a
296 monetary contribution from an eligible business to an eligible
297 nonprofit scholarship-funding organization to be used pursuant
298 to s. 1002.385 or s. 1002.395. The eligible business making the
299 contribution may not designate a specific student as the
300 beneficiary of the contribution.
301 (c) “Eligible nonprofit scholarship-funding organization”
302 or “organization” has the same meaning as provided in s.
303 1002.395(2)(f).
304 (2) An eligible business shall be granted a credit against
305 the tax imposed under s. 212.031 and collected from the eligible
306 business by a dealer. The credit shall be in an amount equal to
307 100 percent of an eligible contribution made to an organization.
308 (3) A dealer shall take a credit against the tax imposed
309 under s. 212.031 in an amount equal to the credit taken by the
310 eligible business under subsection (2).
311 (4)(a) An eligible business must apply to the department
312 for an allocation of tax credits under this section. The
313 eligible business must specify in the application the state
314 fiscal year during which the contribution will be made, the
315 organization that will receive the contribution, the planned
316 amount of the contribution, the address of the property from
317 which the rental or license fee is subject to taxation under s.
318 212.031, and the federal employer identification number of the
319 dealer who collects the tax imposed under s. 212.031 from the
320 eligible business and who will reduce collection of taxes from
321 the eligible business pursuant to this section. The department
322 shall approve allocations of tax credits on a first-come, first
323 served basis and shall provide to the eligible business a
324 separate approval or denial letter for each dealer for which the
325 eligible business applied for an allocation of tax credits.
326 Within 10 days after approving or denying an application, the
327 department shall provide a copy of its approval or denial letter
328 to the organization specified by the eligible business in the
329 application. An approval letter must include the name and
330 federal employer identification number of the dealer from whom a
331 credit under this section can be taken and the amount of tax
332 credits approved for use with that dealer.
333 (b) Upon receipt of an eligible contribution, the
334 organization shall provide the eligible business that made the
335 contribution with a separate certificate of contribution for
336 each dealer from whom a credit can be taken as approved under
337 paragraph (a). A certificate of contribution must include the
338 contributor’s name and, if available, federal employer
339 identification number, the amount contributed, the date of
340 contribution, the name of the organization, and the name and
341 federal employer identification number of the dealer.
342 (5) Each dealer that receives from an eligible business a
343 copy of the department’s approval letter and a certificate of
344 contribution, both of which identify the dealer as the dealer
345 who collects the tax imposed under s. 212.031 from the eligible
346 business and who will reduce collection of taxes from the
347 eligible business pursuant to this section, shall reduce the tax
348 collected from the eligible business under s. 212.031 by the
349 total amount of contributions indicated in the certificate of
350 contribution. The reduction may not exceed the amount of credit
351 allocation approved by the department and may not exceed the
352 amount of tax that would otherwise be collected from the
353 eligible business by a dealer when a payment is made under the
354 rental or license fee arrangement. However, payments by an
355 eligible business to a dealer may not be reduced before October
356 1, 2018.
357 (a) If the total amount of credits an eligible business may
358 take cannot be fully used within any period that a payment is
359 due under the rental or license fee arrangement because of an
360 insufficient amount of tax that the dealer would collect from
361 the eligible business during that period, the unused amount may
362 be carried forward for a period not to exceed 10 years.
363 (b) A tax credit may not be claimed on an amended return or
364 through a refund.
365 (c) A dealer that claims a tax credit must file returns and
366 pay taxes by electronic means under s. 213.755.
367 (d) An eligible business may not convey, assign, or
368 transfer an approved tax credit or a carryforward tax credit to
369 another entity unless all of the assets of the eligible business
370 are conveyed, assigned, or transferred in the same transaction
371 and the successor business continues the same lease with the
372 dealer.
373 (e) Within any state fiscal year, an eligible business may
374 rescind all or part of a tax credit approved under this section.
375 The amount rescinded shall become available for that state
376 fiscal year to another eligible business as approved by the
377 department if the business receives notice from the department
378 that the rescindment has been accepted by the department. Any
379 amount rescinded under this subsection shall become available to
380 an eligible business on a first-come, first-served basis based
381 on tax credit applications received after the date the
382 rescindment is accepted by the department.
383 (f) Within 10 days after the rescindment of a tax credit
384 under paragraph (e) is accepted by the department, the
385 department shall notify the eligible nonprofit scholarship
386 funding organization specified by the eligible business. The
387 department shall also include the eligible nonprofit
388 scholarship-funding organization specified by the eligible
389 business on all letters or correspondence of acknowledgment for
390 tax credits under this section.
391 (6) An organization shall report to the department, on or
392 before the 20th day of each month, the total amount of
393 contributions received pursuant to subsection (4) in the
394 preceding calendar month on a form provided by the department.
395 Such report shall include the amount of contributions received
396 during that reporting period and the federal employer
397 identification number of each dealer associated with the
398 contribution.
399 (7)(a) Eligible contributions may be used to fund the
400 program established under s. 1002.395 s. 1002.385 if funds
401 appropriated in a state fiscal year for the program are
402 insufficient to fund eligible students.
403 (b) If the conditions in paragraph (a) are met, the
404 organization shall first use eligible contributions received
405 during a state fiscal year to fund scholarships for students in
406 the priority set forth in s. 1002.385(12)(d). Remaining
407 contributions may be used to fund scholarships for students
408 eligible pursuant to s. 1002.395(3)(b)1. or 2.
409 (b)(c) The organization shall separately account for each
410 scholarship funded pursuant to this section.
411 (d) Notwithstanding s. 1002.385(6)(b), any funds remaining
412 from a closed scholarship account funded pursuant to this
413 section shall be used to fund other scholarships pursuant to s.
414 1002.385.
415 (c)(e) The organization may, subject to the limitations of
416 s. 1002.395(6)(j)1., use up to 3 percent of eligible
417 contributions received during the state fiscal year in which
418 such contributions are collected for administrative expenses.
419 (8) The sum of tax credits that may be approved by the
420 department in any state fiscal year is $57.5 million.
421 (9) For purposes of the distributions of tax revenue under
422 s. 212.20, the department shall disregard any tax credits
423 allowed under this section to ensure that any reduction in tax
424 revenue received that is attributable to the tax credits results
425 only in a reduction in distributions to the General Revenue
426 Fund.
427 (10) The department may adopt rules to administer this
428 section.
429 Section 2. Section 212.1832, Florida Statutes, is amended
430 to read:
431 212.1832 Credit for contributions to eligible nonprofit
432 scholarship-funding organizations the Hope Scholarship Program.—
433 (1) The purchaser of a motor vehicle shall be granted a
434 credit of 100 percent of an eligible contribution made to an
435 eligible nonprofit scholarship-funding organization under s.
436 1002.40 against any tax imposed by the state under this chapter
437 and collected from the purchaser by a dealer, designated agent,
438 or private tag agent as a result of the purchase or acquisition
439 of a motor vehicle on or after October 1, 2018, except that a
440 credit may not exceed the tax that would otherwise be collected
441 from the purchaser by a dealer, designated agent, or private tag
442 agent. For purposes of this subsection, the term “purchase” does
443 not include the lease or rental of a motor vehicle.
444 (2) A dealer shall take a credit against any tax imposed by
445 the state under this chapter on the purchase of a motor vehicle
446 in an amount equal to the credit granted to the purchaser under
447 subsection (1).
448 (3) For purposes of the distributions of tax revenue under
449 s. 212.20, the department shall disregard any tax credits
450 allowed under this section to ensure that any reduction in tax
451 revenue received that is attributable to the tax credits results
452 only in a reduction in distributions to the General Revenue
453 Fund. The provisions of s. 1002.40 apply to the credit
454 authorized by this section.
455 Section 3. Paragraph (b) of subsection (6) of section
456 1002.20, Florida Statutes, is amended to read:
457 1002.20 K-12 student and parent rights.—Parents of public
458 school students must receive accurate and timely information
459 regarding their child’s academic progress and must be informed
460 of ways they can help their child to succeed in school. K-12
461 students and their parents are afforded numerous statutory
462 rights including, but not limited to, the following:
463 (6) EDUCATIONAL CHOICE.—
464 (b) Private educational choices.—Parents of public school
465 students may seek private educational choice options under
466 certain programs established under chapter 1002.
467 1. Under the McKay Scholarships for Students with
468 Disabilities Program, the parent of a public school student with
469 a disability may request and receive a McKay Scholarship for the
470 student to attend a private school in accordance with s.
471 1002.39.
472 2. Under the Florida Tax Credit Scholarship Program, the
473 parent of a student who qualifies for free or reduced-price
474 school lunch or who is currently placed, or during the previous
475 state fiscal year was placed, in foster care as defined in s.
476 39.01 may seek a scholarship from an eligible nonprofit
477 scholarship-funding organization in accordance with s. 1002.395.
478 3. Under the Florida Personal Learning Scholarship Accounts
479 Program, the parent of a student with a qualifying disability
480 may apply for a personal learning scholarship to be used for
481 individual educational needs in accordance with s. 1002.385.
482 Section 4. Paragraph (f) is added to subsection (7) of
483 section 1002.33, Florida Statutes, to read:
484 1002.33 Charter schools.—
485 (7) CHARTER.—The terms and conditions for the operation of
486 a charter school shall be set forth by the sponsor and the
487 applicant in a written contractual agreement, called a charter.
488 The sponsor and the governing board of the charter school shall
489 use the standard charter contract pursuant to subsection (21),
490 which shall incorporate the approved application and any addenda
491 approved with the application. Any term or condition of a
492 proposed charter contract that differs from the standard charter
493 contract adopted by rule of the State Board of Education shall
494 be presumed a limitation on charter school flexibility. The
495 sponsor may not impose unreasonable rules or regulations that
496 violate the intent of giving charter schools greater flexibility
497 to meet educational goals. The charter shall be signed by the
498 governing board of the charter school and the sponsor, following
499 a public hearing to ensure community input.
500 (f) A charter may include a provision requiring the charter
501 school to be held responsible for all costs associated with, but
502 not limited to, mediation, damages, and attorney fees incurred
503 by the district in connection with complaints to the Office of
504 Civil Rights or the Equal Employment Opportunity Commission.
505 Section 5. Subsections (1) and (4), paragraphs (b), (d),
506 and (h) of subsection (5), subsection (10), and paragraphs (b)
507 and (d) of subsection (11) of section 1002.333, Florida
508 Statutes, are amended to read:
509 1002.333 Persistently low-performing schools.—
510 (1) DEFINITIONS.—As used in this section, the term:
511 (a) “Florida Opportunity Zone” means a population census
512 tract that has been designated by the United States Department
513 of the Treasury as a Qualified Opportunity Zone pursuant to
514 Internal Revenue Code s. 1400Z-1(b)(1)(B).
515 (b)(a) “Hope operator” means an entity identified by the
516 department pursuant to subsection (2).
517 (c)(b) “Persistently low-performing school” means a school
518 that has earned three consecutive grades lower than a “C,”
519 pursuant to s. 1008.34, in at least 3 of the previous 5 years
520 and has not earned a grade of “B” or higher in the most recent 2
521 school years, and a school that was closed pursuant to s.
522 1008.33(4) within 2 years after the submission of a notice of
523 intent.
524 (d)(c) “School of hope” means:
525 1. A charter school operated by a hope operator which:
526 a. Serves students from one or more persistently low
527 performing schools and students who reside in a Florida
528 Opportunity Zone;
529 b. Is located in a Florida Opportunity Zone or in the
530 attendance zone of a persistently low-performing school or
531 within a 5-mile radius of such school, whichever is greater; and
532 c. Is a Title I eligible school; or
533 2. A school operated by a hope operator pursuant to s.
534 1008.33(4)(b)3.
535 (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
536 seeking to open a school of hope must submit a notice of intent
537 to the school district in which a persistently low-performing
538 school has been identified by the State Board of Education
539 pursuant to subsection (10) or in which a Florida Opportunity
540 Zone is located.
541 (a) The notice of intent must include:
542 1. An academic focus and plan.
543 2. A financial plan.
544 3. Goals and objectives for increasing student achievement
545 for the students from low-income families.
546 4. A completed or planned community outreach plan.
547 5. The organizational history of success in working with
548 students with similar demographics.
549 6. The grade levels to be served and enrollment
550 projections.
551 7. The proposed location or geographic area proposed for
552 the school consistent with the requirements of sub-subparagraphs
553 (1)(d)1.a. and b and its proximity to the persistently low
554 performing school.
555 8. A staffing plan.
556 (b) Notwithstanding the requirements of s. 1002.33, a
557 school district shall enter into a performance-based agreement
558 with a hope operator to open schools to serve students from
559 persistently low-performing schools and students residing in a
560 Florida Opportunity Zone.
561 (5) PERFORMANCE-BASED AGREEMENT.—The following shall
562 comprise the entirety of the performance-based agreement:
563 (b) The location or geographic area proposed for the school
564 of hope and its proximity to the persistently low-performing
565 school, as applicable.
566 (d) A plan of action and specific milestones for student
567 recruitment and the enrollment of students from persistently
568 low-performing schools and students residing in a Florida
569 Opportunity Zone, including enrollment preferences and
570 procedures for conducting transparent admissions lotteries that
571 are open to the public. Students from persistently low
572 performing schools and students residing in a Florida
573 Opportunity Zone shall be exempt from any enrollment lottery to
574 the extent permitted by federal grant requirements.
575 (h) A provision allowing the hope operator to open
576 additional schools to serve students enrolled in or zoned for a
577 persistently low-performing school and students residing in a
578 Florida Opportunity Zone if the hope operator maintains its
579 status under subsection (3).
580 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
581 is created within the Department of Education.
582 (a) A school of hope is eligible to receive funds from the
583 Schools of Hope Program for the following expenditures:
584 1. Preparing teachers, school leaders, and specialized
585 instructional support personnel, including costs associated
586 with:
587 a. Providing professional development.
588 b. Hiring and compensating teachers, school leaders, and
589 specialized instructional support personnel for services beyond
590 the school day and year until the school reaches full enrollment
591 in accordance with the performance-based agreement pursuant to
592 subsection (5).
593 2. Acquiring supplies, training, equipment, and educational
594 materials, including developing and acquiring instructional
595 materials.
596 3. Providing one-time startup costs associated with
597 providing transportation to students to and from the charter
598 school.
599 4. Carrying out community engagement activities, which may
600 include paying the cost of student and staff recruitment.
601 5. Providing funds to cover the nonvoted ad valorem millage
602 that would otherwise be required for schools and the required
603 local effort funds calculated pursuant to s. 1011.62 when the
604 state board enters into an agreement with a hope operator
605 pursuant to subsection (5).
606 6. Providing funds for the initial leasing costs of a
607 school facility in the event the department determines that a
608 suitable district-owned facility is unavailable or not leased in
609 a timely manner pursuant to paragraph (7)(d).
610
611 In the event a school of hope is dissolved or is otherwise
612 terminated, all property, furnishings, and equipment purchased
613 with public funds shall automatically revert to full ownership
614 by the district school board, subject to complete satisfaction
615 of any lawful liens or encumbrances. Any unencumbered public
616 funds from the school of hope, district school board property
617 and improvements, furnishings, and equipment purchased with
618 public funds, or financial or other records pertaining to the
619 school of hope, in the possession of any person, entity, or
620 holding company, other than the charter school, shall be held in
621 trust upon the district school board’s request, until any appeal
622 status is resolved.
623 (b) A traditional public school that is required to submit
624 a plan for implementation pursuant to s. 1008.33(4) is eligible
625 to receive up to $2,000 per full-time equivalent student from
626 the Schools of Hope Program based upon the strength of the
627 school’s plan for implementation and its focus on evidence-based
628 interventions that lead to student success by providing wrap
629 around services that leverage community assets, improve school
630 and community collaboration, and develop family and community
631 partnerships. Wrap-around services include, but are not limited
632 to, tutorial and after-school programs, student counseling,
633 nutrition education, parental counseling, and adult education.
634 Plans for implementation may also include models that develop a
635 culture of attending college, high academic expectations,
636 character development, dress codes, and an extended school day
637 and school year. At a minimum, a plan for implementation must:
638 1. Establish wrap-around services that develop family and
639 community partnerships.
640 2. Establish clearly defined and measurable high academic
641 and character standards.
642 3. Increase parental involvement and engagement in the
643 child’s education.
644 4. Describe how the school district will identify, recruit,
645 retain, and reward instructional personnel. The state board may
646 waive the requirements of s. 1012.22(1)(c)5., and suspend the
647 requirements of s. 1012.34, to facilitate implementation of the
648 plan.
649 5. Identify a knowledge-rich curriculum that the school
650 will use that focuses on developing a student’s background
651 knowledge.
652 6. Provide professional development that focuses on
653 academic rigor, direct instruction, and creating high academic
654 and character standards.
655 (c) The state board shall:
656 1. Provide awards for up to 25 schools and prioritize
657 awards for plans submitted pursuant to paragraph (b) that are
658 based on whole school transformation and that are developed in
659 consultation with the school’s principal.
660 2. Annually report on the implementation of this subsection
661 in the report required by s. 1008.345(5), and provide summarized
662 academic performance reports of each traditional public school
663 receiving funds.
664 (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
665 funds allocated for the purpose of this subsection which are not
666 disbursed by June 30 of the fiscal year in which the funds are
667 allocated may be carried forward for up to 5 years after the
668 effective date of the original appropriation.
669 (11) STATE BOARD OF EDUCATION AUTHORITY AND OBLIGATIONS.
670 Pursuant to Art. IX of the State Constitution, which prescribes
671 the duty of the State Board of Education to supervise the public
672 school system, the State Board of Education shall:
673 (b) Adopt a standard notice of intent and performance-based
674 agreement that must be used by hope operators and district
675 school boards to eliminate regulatory and bureaucratic barriers
676 that delay access to high quality schools for students in
677 persistently low-performing schools and students residing in
678 Florida Opportunity Zones.
679 (d) Provide students in persistently low-performing schools
680 and students residing in Florida Opportunity Zones with a public
681 school that meets accountability standards. The State Board of
682 Education may enter into a performance-based agreement with a
683 hope operator when a school district has not improved the school
684 after 3 years of the interventions and support provided under s.
685 1008.33 or has not complied with the requirements of subsection
686 (4). Upon the State Board of Education entering into a
687 performance-based agreement with a hope operator, the school
688 district shall transfer to the school of hope the proportionate
689 share of state funds allocated from the Florida Education
690 Finance Program.
691 Section 6. Section 1002.394, Florida Statutes, is created
692 to read:
693 1002.394 The Family Empowerment Scholarship Program.—
694 (1) PURPOSE.—The Family Empowerment Scholarship Program is
695 established to provide children of families in this state which
696 have limited financial resources with educational options to
697 achieve success in their education.
698 (2) DEFINITIONS.—As used in this section, the term:
699 (a) “Department” means the Department of Education.
700 (b) “Eligible nonprofit scholarship-funding organization”
701 has the same meaning as provided in s. 1002.395(2)(f).
702 (c) “Eligible private school” has the same meaning as
703 provided in s. 1002.395(2)(g).
704 (d) “Parent” means a resident of this state who is a
705 parent, as defined in s. 1000.21.
706 (e) “Program” means the Family Empowerment Scholarship
707 Program.
708 (3) INITIAL SCHOLARSHIP ELIGIBILITY.—A student is eligible
709 for a Family Empowerment Scholarship under this section if the
710 student meets the following criteria:
711 (a)1. The student is on the direct certification list
712 pursuant to s. 1002.395(2)(c) or the student’s household income
713 level does not exceed 300 percent of the federal poverty level;
714 or
715 2. The student is currently placed, or during the previous
716 state fiscal year was placed, in foster care or in out-of-home
717 care as defined in s. 39.01.
718
719 Priority shall be given to students whose household income
720 levels do not exceed 185 percent of the federal poverty level or
721 who are in foster care or out-of-home care. A student who
722 initially receives a scholarship based on eligibility under
723 subparagraph 2. remains eligible to participate until the
724 student graduates from high school or attains the age of 21
725 years, whichever occurs first, regardless of the student’s
726 household income level. A sibling of a student who is
727 participating in the scholarship program under this subsection
728 is eligible for a scholarship if the student resides in the same
729 household as the sibling.
730 (b) The student is eligible to enroll in kindergarten or
731 has spent the prior school year in attendance at a Florida
732 public school. For purposes of this paragraph, prior school year
733 in attendance means that the student was enrolled and reported
734 by a school district for funding during the preceding October
735 and February Florida Education Finance Program surveys in
736 kindergarten through grade 12, which includes time spent in a
737 Department of Juvenile Justice commitment program if funded
738 under the Florida Education Finance Program.
739
740 However, a dependent child of a member of the United States
741 Armed Forces who transfers to a school in this state from out of
742 state or from a foreign country due to a parent’s permanent
743 change of station orders or a foster child is exempt from the
744 prior public school attendance requirement under this paragraph,
745 but must meet the other eligibility requirements specified under
746 this section to participate in the program.
747 (c) The parent has obtained acceptance for admission of the
748 student to a private school that is eligible for the program
749 under subsection (8) and the parent has requested a scholarship
750 from the Department of Education at least 60 days before the
751 date of the first scholarship payment. The request must be
752 communicated directly to the department in a manner that creates
753 a written or electronic record of the request and the date of
754 receipt of the request. The department must notify the school
755 district of the parent’s intent upon receipt of the parent’s
756 request.
757 (4) TERM OF SCHOLARSHIP.—
758 (a) For purposes of continuity of educational choice, a
759 Family Empowerment Scholarship shall remain in force until the
760 student returns to a public school, graduates from high school,
761 or reaches the age of 21, whichever occurs first. A scholarship
762 student who enrolls in a public school or public school program
763 is considered to have returned to a public school for the
764 purpose of determining the end of the scholarship’s term.
765 However, if a student enters a Department of Juvenile Justice
766 detention center for a period of no more than 21 days, the
767 student is not considered to have returned to a public school
768 for that purpose.
769 (b) Upon reasonable notice to the department and the school
770 district, the student’s parent may remove the student from the
771 private school and place the student in a public school in
772 accordance with this section.
773 (c) Upon reasonable notice to the department, the student’s
774 parent may move the student from one participating private
775 school to another participating private school.
776 (5) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
777 a Family Empowerment Scholarship while he or she is:
778 (a) Enrolled in a public school, including, but not limited
779 to, the Florida School for the Deaf and the Blind; the College
780 Preparatory Boarding Academy; a developmental research school
781 authorized under s. 1002.32; or a charter school authorized
782 under chapter 1002;
783 (b) Enrolled in a school operating for the purpose of
784 providing educational services to youth in a Department of
785 Juvenile Justice commitment program;
786 (c) Receiving any other educational scholarship pursuant to
787 this chapter;
788 (d) Participating in a home education program as defined in
789 s. 1002.01(1);
790 (e) Participating in a private tutoring program pursuant to
791 s. 1002.43; or
792 (f) Participating in a virtual school, correspondence
793 school, or distance learning program that receives state funding
794 pursuant to the student’s participation.
795 (6) SCHOOL DISTRICT OBLIGATIONS.—
796 (a) By July 15, 2019, and by April 1 of each year
797 thereafter, a school district shall inform all households within
798 the district receiving free or reduced-priced meals under the
799 National School Lunch Act of their eligibility to apply to the
800 department for a Family Empowerment Scholarship. The form of
801 such notice shall be provided by the department, and the school
802 district shall include the provided form in any normal
803 correspondence with eligible households. Such notice is limited
804 to once a year.
805 (b) The school district in which a participating student
806 resides must notify the student and his or her parent about the
807 locations and times to take all statewide assessments under s.
808 1008.22 if the student chooses to participate in such
809 assessments. Upon the request of the department, a school
810 district shall coordinate with the department to provide to a
811 participating private school the statewide assessments
812 administered under s. 1008.22 and any related materials for
813 administering the assessments. For a student who participates in
814 the Family Empowerment Scholarship Program whose parent requests
815 that the student take the statewide assessments under s.
816 1008.22, the district in which the student attends a private
817 school shall provide locations and times to take all statewide
818 assessments. A school district is responsible for implementing
819 test administrations at a participating private school,
820 including the:
821 1. Provision of training for private school staff on test
822 security and assessment administration procedures;
823 2. Distribution of testing materials to a private school;
824 3. Retrieval of testing materials from a private school;
825 4. Provision of the required format for a private school to
826 submit information to the district for test administration and
827 enrollment purposes; and
828 5. Provision of any required assistance, monitoring, or
829 investigation at a private school.
830 (c) Each school district must publish information about the
831 Family Empowerment Scholarship Program on the district’s website
832 homepage. At a minimum, the published information must include a
833 website link to the Family Empowerment Scholarship Program
834 published on the Department of Education website as well as a
835 telephone number and e-mail that students and parents may use to
836 contact relevant personnel in the school district to obtain
837 information about the scholarship.
838 (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
839 shall:
840 (a) Publish and update, as necessary, information on the
841 department website about the Family Empowerment Scholarship
842 Program, including, but not limited to, student eligibility
843 criteria, parental responsibilities, and relevant data.
844 (b) Cross-check the list of participating scholarship
845 students with the public school enrollment lists before each
846 scholarship payment to avoid duplication.
847 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
848 eligible to participate in the Family Empowerment Scholarship
849 Program, a private school may be sectarian or nonsectarian and
850 must:
851 (a) Comply with all requirements for private schools
852 participating in state school choice scholarship programs
853 pursuant to s. 1002.421.
854 (b) Provide to the department all documentation required
855 for a student’s participation, including the private school’s
856 and student’s fee schedules, at least 30 days before any
857 quarterly scholarship payment is made for the student pursuant
858 to paragraph (11)(f). A student is not eligible to receive a
859 quarterly scholarship payment if the private school fails to
860 meet this deadline.
861 (c)1. Annually administer or make provision for students
862 participating in the program in grades 3 through 10 to take one
863 of the nationally norm-referenced tests identified by the
864 department or to take the statewide assessments pursuant to s.
865 1008.22. Students with disabilities for whom standardized
866 testing is not appropriate are exempt from this requirement. A
867 participating private school shall report a student’s scores to
868 his or her parent.
869 2. Administer the statewide assessments pursuant to s.
870 1008.22 if the private school chooses to offer the statewide
871 assessments. A participating private school may choose to offer
872 and administer the statewide assessments to all students who
873 attend the private school in grades 3 through 10 and must submit
874 a request in writing to the department by March 1 of each year
875 in order to administer the statewide assessments in the
876 subsequent school year.
877
878 If a private school fails to meet the requirements of this
879 subsection or s. 1002.421, the commissioner may determine that
880 the private school is ineligible to participate in the
881 scholarship program.
882 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
883 PARTICIPATION.—A parent who applies for a Family Empowerment
884 Scholarship is exercising his or her parental option to place
885 his or her child in a private school.
886 (a) The parent must select the private school and apply for
887 the admission of his or her student.
888 (b) The parent must request the scholarship at least 60
889 days before the date of the first scholarship payment.
890 (c) The parent must inform the applicable school district
891 when the parent withdraws his or her student from a public
892 school to attend an eligible private school.
893 (d) Any student participating in the program must remain in
894 attendance throughout the school year unless excused by the
895 school for illness or other good cause.
896 (e) Before enrolling in a private school, a student and his
897 or her parent or guardian must meet with the private school’s
898 principal or the principal’s designee to review the school’s
899 academic programs and policies, customized educational programs,
900 code of student conduct, and attendance policies.
901 (f) The parent shall ensure that the student participating
902 in the scholarship program takes the norm-referenced assessment
903 offered by the private school. The parent may also choose to
904 have the student participate in the statewide assessments
905 pursuant to paragraph (6)(b).
906 (g) If the parent requests that the student participating
907 in the program take all statewide assessments required pursuant
908 to s. 1008.22, the parent is responsible for transporting the
909 student to the assessment site designated by the school
910 district.
911 (h) Upon receipt of a scholarship warrant, the parent to
912 whom the warrant is issued must restrictively endorse the
913 warrant to the private school for deposit into the private
914 school’s account. The parent may not designate any entity or
915 individual associated with the participating private school as
916 the parent’s attorney in fact to endorse a scholarship warrant.
917 A participant who fails to comply with this paragraph forfeits
918 the scholarship.
919 (10) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
920 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
921 organization:
922 (a) Shall verify the household income level of students
923 pursuant to subparagraph (3)(a)1. and submit the verified list
924 of students and related documentation to the department.
925 (b) May, from eligible contributions received pursuant to
926 s. 1002.395(6)(j)1., use an amount not to exceed 1 percent of
927 the total amount of all scholarships awarded under this section
928 for administrative expenses associated with performing functions
929 under this section. Such administrative expense amount is
930 considered within the 3 percent limit on the total amount an
931 organization may use to administer scholarships under this
932 chapter.
933 (c) Must, in a timely manner, submit any information
934 requested by the department relating to the scholarship under
935 this section.
936 (d) Must notify the department about any violation of this
937 section by a parent or a private school.
938 (11) SCHOLARSHIP FUNDING AND PAYMENT.—
939 (a) The scholarship is established for up to 18,000
940 students annually on a first-come, first-served basis beginning
941 with the 2019-2020 school year. Beginning in the 2020-2021
942 school year, the number of students participating in the
943 scholarship program under this section may annually increase by
944 0.25 percent of the state’s total public school student
945 enrollment.
946 (b) The scholarship amount provided to a student for any
947 single school year shall be for tuition and fees for an eligible
948 private school, not to exceed annual limits, which shall be
949 determined in accordance with this paragraph. The calculated
950 amount for a student to attend an eligible private school shall
951 be based upon the grade level and school district in which the
952 student was assigned as 95 percent of the funds per unweighted
953 full-time equivalent in the Florida Education Finance Program
954 for a student in the basic program established pursuant to s.
955 1011.62(1)(c)1., plus a per-full-time equivalent share of funds
956 for all categorical programs, except for the Exceptional Student
957 Education Guaranteed Allocation.
958 (c) The amount of the Family Empowerment Scholarship shall
959 be the calculated amount or the amount of the private school’s
960 tuition and fees, whichever is less. The amount of any
961 assessment fee required by the participating private school may
962 be paid from the total amount of the scholarship.
963 (d) The school district shall report all students who are
964 attending a private school under this program. The students
965 attending private schools on Family Empowerment Scholarships
966 shall be reported separately from other students reported for
967 purposes of the Florida Education Finance Program.
968 (e) Following notification on July 1, September 1, December
969 1, or February 1 of the number of program participants, the
970 department shall transfer, from general revenue funds only, the
971 amount calculated pursuant to paragraph (b) to a separate
972 account for the scholarship program for quarterly disbursement
973 to parents of participating students. For a student exiting a
974 Department of Juvenile Justice commitment program who chooses to
975 participate in the scholarship program, the amount of the Family
976 Empowerment Scholarship calculated pursuant to paragraph (b)
977 must be transferred from the school district in which the
978 student last attended a public school before commitment to the
979 Department of Juvenile Justice. When a student enters the
980 scholarship program, the department must receive all
981 documentation required for the student’s participation,
982 including the private school’s and the student’s fee schedules,
983 at least 30 days before the first quarterly scholarship payment
984 is made for the student.
985 (f) Upon notification by the department that it has
986 received the documentation required under paragraph (e), the
987 Chief Financial Officer shall make scholarship payments in four
988 equal amounts no later than September 1, November 1, February 1,
989 and April 1 of each school year in which the scholarship is in
990 force. The initial payment shall be made after department
991 verification of admission acceptance, and subsequent payments
992 shall be made upon verification of continued enrollment and
993 attendance at the private school. Payment must be by individual
994 warrant made payable to the student’s parent and mailed by the
995 department to the private school of the parent’s choice, and the
996 parent shall restrictively endorse the warrant to the private
997 school for deposit into the account of the private school.
998 (g) Subsequent to each scholarship payment, the department
999 shall request from the Department of Financial Services a sample
1000 of endorsed warrants to review and confirm compliance with
1001 endorsement requirements.
1002 (12) LIABILITY.—No liability shall arise on the part of the
1003 state based on the award or use of a Family Empowerment
1004 Scholarship.
1005 (13) SCOPE OF AUTHORITY.—The inclusion of eligible private
1006 schools within the options available to Florida public school
1007 students does not expand the regulatory authority of the state,
1008 its officers, or any school district to impose any additional
1009 regulation of private schools beyond those reasonably necessary
1010 to enforce requirements expressly set forth in this section.
1011 (14) RULES.—The State Board of Education shall adopt rules
1012 pursuant to ss. 120.536(1) and 120.54 to administer this
1013 section. The state board rules must include a requirement that
1014 the department work collaboratively with an approved
1015 scholarship-funding organization to expedite the process for the
1016 verification and reporting obligations specified under
1017 subsection (10).
1018 (15) IMPLEMENTATION SCHEDULE FOR THE 2019-2020 SCHOOL
1019 YEAR.—Notwithstanding the provisions of this section related to
1020 notification requirements and eligibility timelines, for the
1021 2019-2020 school year:
1022 (a) A student is eligible for a Family Empowerment
1023 Scholarship under this section if the student’s parent has
1024 obtained acceptance of the student’s admission to a private
1025 school that is eligible for the program under subsection (8) and
1026 the parent has requested a scholarship from the Department of
1027 Education no later than August 15, 2019. The request must be
1028 communicated directly to the department in a manner that creates
1029 a written or electronic record of the request and the date of
1030 receipt of the request.
1031 (b) The department shall expedite the publication of
1032 information relevant to the Family Empowerment Scholarship
1033 Program on the department’s website, including, but not limited
1034 to, the eligibility criteria for students to qualify for the
1035 scholarship under this section and how parents may request the
1036 scholarship. The department must immediately notify the school
1037 district of the parent’s intent upon receipt of the parent’s
1038 request.
1039 (c) Upon notification by the department that it has
1040 received the documentation required under paragraph (10)(a), the
1041 Chief Financial Officer shall make the first quarter payment of
1042 scholarships no later than October 1, 2019.
1043
1044 This subsection shall expire June 30, 2020.
1045 Section 7. Paragraph (g) of subsection (13) of section
1046 1002.385, Florida Statutes, is amended to read:
1047 1002.385 The Gardiner Scholarship.—
1048 (13) FUNDING AND PAYMENT.—
1049 (g) In addition to funds appropriated for scholarship
1050 awards and subject to a separate, specific legislative
1051 appropriation, an organization may receive an amount equivalent
1052 to not more than 3 percent of the amount of each scholarship
1053 award from state funds for administrative expenses if the
1054 organization has operated as a nonprofit entity for at least the
1055 preceding 3 fiscal years and did not have any findings of
1056 material weakness or material noncompliance in its most recent
1057 audit under s. 1002.395(6)(m). Such administrative expenses must
1058 be reasonable and necessary for the organization’s management
1059 and distribution of scholarships under this section. Funds
1060 authorized under this paragraph may not be used for lobbying or
1061 political activity or expenses related to lobbying or political
1062 activity. An organization may not charge an application fee for
1063 a scholarship. Administrative expenses may not be deducted from
1064 funds appropriated for scholarship awards.
1065 Section 8. Subsection (3), paragraphs (d) and (j) of
1066 subsection (6), and paragraph (a) of subsection (11) of section
1067 1002.395, Florida Statutes, are amended to read:
1068 1002.395 Florida Tax Credit Scholarship Program.—
1069 (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—
1070 (a) The Florida Tax Credit Scholarship Program is
1071 established.
1072 (b) A student is eligible for a Florida tax credit
1073 scholarship under this section if the student meets one or more
1074 of the following criteria:
1075 1. The student is on the direct certification list or the
1076 student’s household income level does not exceed 185 percent of
1077 the federal poverty level; or
1078 2. The student is currently placed, or during the previous
1079 state fiscal year was placed, in foster care or in out-of-home
1080 care as defined in s. 39.01.
1081 3. The student’s household income level is greater than 185
1082 percent of the federal poverty level but does not exceed 260
1083 percent of the federal poverty level.
1084
1085 A student who initially receives a scholarship based on
1086 eligibility under subparagraph (b)2. remains eligible to
1087 participate until the student graduates from high school or
1088 attains the age of 21 years, whichever occurs first, regardless
1089 of the student’s household income level. A student who initially
1090 received a scholarship based on income eligibility before the
1091 2019-2020 school year remains eligible to participate until he
1092 or she graduates from high school, attains the age of 21 years,
1093 or the student’s household income level exceeds 260 percent of
1094 the federal poverty level, whichever occurs first. A sibling of
1095 a student who is participating in the scholarship program under
1096 this subsection is eligible for a scholarship if the student
1097 resides in the same household as the sibling.
1098 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
1099 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
1100 organization:
1101 (d) Must provide scholarships, from eligible contributions,
1102 to eligible students for the cost of:
1103 1. Tuition and fees for an eligible private school; or
1104 2. Transportation to a Florida public school in which a
1105 student is enrolled and that is different from the school to
1106 which the student was assigned that is located outside the
1107 district in which the student resides or to a lab school as
1108 defined in s. 1002.32.
1109 (j)1. May use up to 3 percent of eligible contributions
1110 received pursuant to this section and ss. 212.099, 212.1832, and
1111 1002.40 during the state fiscal year in which such contributions
1112 are collected for administrative expenses if the organization
1113 has operated as an eligible nonprofit scholarship-funding
1114 organization for at least the preceding 3 fiscal years and did
1115 not have any findings of material weakness or material
1116 noncompliance in its most recent audit under paragraph (m).
1117 Administrative expenses from eligible contributions may not
1118 exceed 3 percent of the total amount of all scholarships awarded
1119 by an eligible scholarship-funding organization under this
1120 chapter. Such administrative expenses must be reasonable and
1121 necessary for the organization’s management and distribution of
1122 scholarships awarded eligible contributions under this chapter
1123 section. No funds authorized under this subparagraph shall be
1124 used for lobbying or political activity or expenses related to
1125 lobbying or political activity. Up to one-third of the funds
1126 authorized for administrative expenses under this subparagraph
1127 may be used for expenses related to the recruitment of
1128 contributions from taxpayers. An eligible nonprofit scholarship
1129 funding organization may not charge an application fee.
1130 2. Must expend for annual or partial-year scholarships an
1131 amount equal to or greater than 75 percent of the net eligible
1132 contributions remaining after administrative expenses during the
1133 state fiscal year in which such contributions are collected. No
1134 more than 25 percent of such net eligible contributions may be
1135 carried forward to the following state fiscal year. All amounts
1136 carried forward, for audit purposes, must be specifically
1137 identified for particular students, by student name and the name
1138 of the school to which the student is admitted, subject to the
1139 requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
1140 and the applicable rules and regulations issued pursuant
1141 thereto. Any amounts carried forward shall be expended for
1142 annual or partial-year scholarships in the following state
1143 fiscal year. No later than September 30 of each year, net
1144 eligible contributions remaining on June 30 of each year that
1145 are in excess of the 25 percent that may be carried forward
1146 shall be used to provide scholarships to eligible students or
1147 transferred to other eligible nonprofit scholarship-funding
1148 organizations to provide scholarships for eligible students. All
1149 transferred funds must be deposited by each eligible nonprofit
1150 scholarship-funding organization receiving such funds into its
1151 scholarship account. All transferred amounts received by any
1152 eligible nonprofit scholarship-funding organization must be
1153 separately disclosed in the annual financial audit required
1154 under paragraph (m).
1155 3. Must, before granting a scholarship for an academic
1156 year, document each scholarship student’s eligibility for that
1157 academic year. A scholarship-funding organization may not grant
1158 multiyear scholarships in one approval process.
1159
1160 Information and documentation provided to the Department of
1161 Education and the Auditor General relating to the identity of a
1162 taxpayer that provides an eligible contribution under this
1163 section shall remain confidential at all times in accordance
1164 with s. 213.053.
1165 (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
1166 (a) Except as provided in subparagraph 2., The scholarship
1167 amount provided to any student for any single school year by an
1168 eligible nonprofit scholarship-funding organization from
1169 eligible contributions shall be for total costs authorized under
1170 paragraph (6)(d), not to exceed annual limits, which shall be
1171 determined as follows:
1172 1.a. For The base amount awarded to a student who received
1173 a scholarship in the 2018-2019 school year, who remains
1174 eligible, and who is enrolled in an eligible private school, the
1175 amount shall be the greater amount calculated pursuant to
1176 subparagraph 2. or determined as a percentage of the unweighted
1177 FTE funding amount for the 2018-2019 that state fiscal year and
1178 thereafter as follows:
1179 a.(I) Eighty-eight percent for a student enrolled in
1180 kindergarten through grade 5.
1181 b.(II) Ninety-two percent for a student enrolled in grade 6
1182 through grade 8.
1183 c.(III) Ninety-six percent for a student enrolled in grade
1184 9 through grade 12.
1185 2. For students initially eligible in the 2019-2020 school
1186 year or thereafter, the calculated amount for a student to
1187 attend an eligible private school shall be based upon the grade
1188 level and school district in which the student resides as 95
1189 percent of the funds per unweighted full-time equivalent in the
1190 Florida Education Finance Program for a student in the basic
1191 program established pursuant to s. 1011.62(1)(c)1., plus a per
1192 full-time equivalent share of funds for all categorical
1193 programs, except for the Exceptional Student Education
1194 Guaranteed Allocation.
1195 3.b. The scholarship amount awarded to a student enrolled
1196 in a Florida public school in which a student is enrolled and
1197 that is different from the school to which the student was
1198 assigned that is located outside the district in which the
1199 student resides or in a lab school as defined in s. 1002.32, is
1200 limited to $750.
1201 2. The annual limit for a scholarship under sub
1202 subparagraph 1.a. shall be reduced by:
1203 a. Twelve percent if the student’s household income level
1204 is greater than or equal to 200 percent, but less than 215
1205 percent, of the federal poverty level.
1206 b. Twenty-six percent if the student’s household income
1207 level is greater than or equal to 215 percent, but less than 230
1208 percent, of the federal poverty level.
1209 c. Forty percent if the student’s household income level is
1210 greater than or equal to 230 percent, but less than 245 percent,
1211 of the federal poverty level.
1212 d. Fifty percent if the student’s household income level is
1213 greater than or equal to 245 percent, but less than or equal to
1214 260 percent, of the federal poverty level.
1215 Section 9. Effective upon becoming a law, paragraph (i) is
1216 added to subsection (11) of section 1002.40, Florida Statutes,
1217 and paragraphs (a) and (g) of subsection (11) and paragraph (a)
1218 of subsection (13) of that section are amended, to read:
1219 1002.40 The Hope Scholarship Program.—
1220 (11) FUNDING AND PAYMENT.—
1221 (a) For students initially eligible in the 2019-2020 school
1222 year or thereafter, the calculated amount for a student to
1223 attend an eligible private school shall be based upon the grade
1224 level and school district in which the student was assigned as
1225 95 percent of the funds per unweighted full-time equivalent in
1226 the Florida Education Finance Program for a student in the basic
1227 program established pursuant to s. 1011.62(1)(c)1., plus a per
1228 full-time equivalent share of funds for all categorical
1229 programs, except for the Exceptional Student Education
1230 Guaranteed Allocation. The maximum amount awarded to a student
1231 enrolled in an eligible private school shall be determined as a
1232 percentage of the unweighted FTE funding amount for that state
1233 fiscal year and thereafter as follows:
1234 1. Eighty-eight percent for a student enrolled in
1235 kindergarten through grade 5.
1236 2. Ninety-two percent for a student enrolled in grade 6
1237 through grade 8.
1238 3. Ninety-six percent for a student enrolled in grade 9
1239 through grade 12.
1240 (g) An eligible nonprofit scholarship-funding organization,
1241 subject to the limitations of s. 1002.395(6)(j)1., may use up to
1242 3 percent of eligible contributions received during the state
1243 fiscal year in which such contributions are collected for
1244 administrative expenses if the organization has operated as an
1245 eligible nonprofit scholarship-funding organization for at least
1246 the preceding 3 fiscal years and did not have any findings of
1247 material weakness or material noncompliance in its most recent
1248 audit under s. 1002.395(6)(m). Such administrative expenses must
1249 be reasonable and necessary for the organization’s management
1250 and distribution of eligible contributions under this section.
1251 Funds authorized under this paragraph may not be used for
1252 lobbying or political activity or expenses related to lobbying
1253 or political activity. Up to one-third of the funds authorized
1254 for administrative expenses under this paragraph may be used for
1255 expenses related to the recruitment of contributions. An
1256 eligible nonprofit scholarship-funding organization may not
1257 charge an application fee.
1258 (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
1259 percent of net eligible contributions may be carried forward to
1260 the following state fiscal year by an eligible scholarship
1261 funding organization. For audit purposes, all amounts carried
1262 forward must be specifically identified for individual students
1263 by student name and by the name of the school to which the
1264 student is admitted, subject to the requirements of ss. 1002.21
1265 and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
1266 regulations issued pursuant to such requirements. Any amounts
1267 carried forward shall be expended for annual scholarships or
1268 partial-year scholarships in the following state fiscal year.
1269 Net eligible contributions remaining on June 30 of each year
1270 which are in excess of the 5 percent that may be carried forward
1271 shall be transferred to other eligible nonprofit scholarship
1272 funding organizations participating in the Hope Scholarship
1273 Program to provide scholarships for eligible students. All
1274 transferred funds must be deposited by each eligible nonprofit
1275 scholarship-funding organization receiving such funds into the
1276 scholarship account of eligible students. All transferred
1277 amounts received by an eligible nonprofit scholarship-funding
1278 organization must be separately disclosed in the annual
1279 financial audit requirement under s. 1002.395(6)(m). If no other
1280 eligible nonprofit scholarship-funding organization participates
1281 in the Hope Scholarship Program, net eligible contributions in
1282 excess of the 5 percent may be used to fund scholarships for
1283 students eligible under s. 1002.395(3).
1284 (13) SCHOLARSHIP FUNDING TAX CREDITS.—
1285 (a) A tax credit is available under s. 212.1832(1) for use
1286 by a person that makes an eligible contribution. Eligible
1287 contributions shall be used to fund scholarships under this
1288 section and may be used to fund scholarships under s. 1002.395.
1289 Each eligible contribution is limited to a single payment of
1290 $105 per motor vehicle purchased at the time of purchase of a
1291 motor vehicle or a single payment of $105 per motor vehicle
1292 purchased at the time of registration of a motor vehicle that
1293 was not purchased from a dealer, except that a contribution may
1294 not exceed the state tax imposed under chapter 212 that would
1295 otherwise be collected from the purchaser by a dealer,
1296 designated agent, or private tag agent. Payments of
1297 contributions shall be made to a dealer at the time of purchase
1298 of a motor vehicle or to a designated agent or private tag agent
1299 at the time of registration of a motor vehicle that was not
1300 purchased from a dealer. An eligible contribution shall be
1301 accompanied by a contribution election form provided by the
1302 Department of Revenue. The form shall include, at a minimum, the
1303 following brief description of the Hope Scholarship Program and
1304 the Florida Tax Credit Scholarship Program: “THE HOPE
1305 SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS
1306 SUBJECTED TO AN INCIDENT OF VIOLENCE OR BULLYING AT SCHOOL THE
1307 OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE
1308 PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL
1309 ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES
1310 A LOW-INCOME STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP
1311 TO ATTEND AN ELIGIBLE PRIVATE SCHOOL.” The form shall also
1312 include, at a minimum, a section allowing the consumer to
1313 designate, from all participating scholarship funding
1314 organizations, which organization will receive his or her
1315 donation. For purposes of this subsection, the term “purchase”
1316 does not include the lease or rental of a motor vehicle.
1317 Section 10. Paragraphs (a) and (g) of subsection (7) of
1318 section 1002.411, Florida Statutes, are amended to read:
1319 1002.411 Reading scholarship accounts.—
1320 (7) ACCOUNT FUNDING AND PAYMENT.—
1321 (a) For the 2018-2019 school year, The amount of the
1322 scholarship shall be $500 per eligible student. Thereafter, the
1323 maximum amount granted for an eligible student shall be as
1324 provided in the General Appropriations Act.
1325 (g) In addition to funds appropriated for scholarships and
1326 subject to a separate, specific legislative appropriation, an
1327 organization may receive an amount equivalent to not more than 3
1328 percent of the amount of each scholarship from state funds for
1329 administrative expenses if the organization has operated as a
1330 nonprofit entity for at least the preceding 3 fiscal years and
1331 did not have any findings of material weakness or material
1332 noncompliance in its most recent audit under s. 1002.395. Such
1333 administrative expenses must be reasonable and necessary for the
1334 organization’s management and distribution of scholarships under
1335 this section. Funds authorized under this paragraph may not be
1336 used for lobbying or political activity or expenses related to
1337 lobbying or political activity. An organization may not charge
1338 an application fee for a scholarship. Administrative expenses
1339 may not be deducted from funds appropriated for scholarships.
1340 Section 11. Part VII of chapter 1003, Florida Statutes,
1341 consisting of s. 1003.64, Florida Statutes, is created and
1342 entitled “Public School Innovation.”
1343 1003.64 Community School Grant Program.—It is the intent of
1344 the Legislature to improve student success and well-being by
1345 engaging and supporting parents and community organizations in
1346 their efforts to positively impact student learning and
1347 development.
1348 (1) PURPOSE.—The Community School Grant Program is
1349 established to fund and support the planning and implementation
1350 of community school programs, subject to legislative
1351 appropriation.
1352 (2) DEFINITIONS.—
1353 (a) “Center” means the Center for Community Schools at the
1354 University of Central Florida.
1355 (b) “Community organization” means a nonprofit organization
1356 that has been in existence for at least 3 years and serves
1357 individuals within a county in which a public school
1358 implementing the community school model is located. The
1359 community organization serves as the lead partner in the
1360 community school model and facilitates the use of grant funds
1361 under this section.
1362 (c) “Community school model” means a school service model
1363 developed by the center which utilizes a long-term partnership
1364 among a school district, a community organization, a college or
1365 university, and a health care provider to establish, develop,
1366 and sustain a system for addressing student, family, and
1367 community needs during and outside of the school day. The model
1368 must establish a collaborative governance structure among the
1369 community partners for providing services and include standards
1370 for effective implementation, reporting, and evaluation at each
1371 participating school. The governance structure may include other
1372 community leaders such as parent-teacher organizations,
1373 community businesses, and faith leaders. The model must also
1374 provide for family engagement and expanded learning
1375 opportunities and support for students. A community school may
1376 include, but is not limited to, a community partnership school.
1377 (3) GRANT PROGRAM.—Contingent upon available funds, the
1378 center may facilitate the implementation of its community school
1379 model in the state through grants that enable community
1380 organizations to establish long-term partnerships and secure
1381 resources for planning, staffing, and providing services to
1382 students and families through the community school model. The
1383 center shall:
1384 (a) Require a participating public school to establish
1385 long-term partnerships through a memorandum of understanding.
1386 After receiving a grant award under this section, the center
1387 shall condition the award of grant funds in the subsequent years
1388 upon the matching funds secured through the long-term
1389 partnerships.
1390 (b) Prioritize awards based on demonstration of the
1391 technical and financial ability to sustain the community school
1392 model beyond an initial grant award. For planning grant awards,
1393 priority must be given to school districts in which the
1394 community school model has not been established and which
1395 demonstrate the technical and financial ability to sustain the
1396 community school model.
1397 (4) REPORTING.—Beginning with September 1, 2020, and
1398 annually thereafter, the center shall publish on its website
1399 information on each community organization receiving a grant
1400 from the center to implement the community school model. The
1401 information must include:
1402 (a) The amount of grant funds provided through the center
1403 for each participating school and the amount of matching funds
1404 provided by the community organization for each year the
1405 community organization has received a grant for that school.
1406 (b) The long-term partners who have entered into a
1407 memorandum of understanding for implementing the community
1408 school model pursuant to paragraph (2)(c).
1409 (c) A description of the services and community engagement
1410 activities provided through the community school model.
1411 (d) The number of students, families, and community members
1412 served through the community school model.
1413 (e) The academic progress of students enrolled at the
1414 public school, including student progression data, attendance,
1415 behavior, and student achievement and learning gains on
1416 statewide, standardized assessments as determined pursuant to s.
1417 1008.34.
1418 Section 12. Paragraph (b) of subsection (2), paragraphs
1419 (a), (b), and (e) of subsection (4), and paragraphs (c) and (d)
1420 of subsection (5) of section 1004.04, Florida Statutes, are
1421 amended to read:
1422 1004.04 Public accountability and state approval for
1423 teacher preparation programs.—
1424 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
1425 (b) The rules to establish uniform core curricula for each
1426 state-approved teacher preparation program must include, but are
1427 not limited to, the following:
1428 1. Candidate instruction and assessment in the Florida
1429 Educator Accomplished Practices across content areas.
1430 2. The use of state-adopted content standards to guide
1431 curricula and instruction.
1432 3. Scientifically researched and evidence-based reading
1433 instructional strategies that improve reading performance for
1434 all students, including explicit, systematic, and sequential
1435 approaches to teaching phonemic awareness, phonics, vocabulary,
1436 fluency, and text comprehension and multisensory intervention
1437 strategies.
1438 4. Content literacy and mathematics practices.
1439 5. Strategies appropriate for the instruction of English
1440 language learners.
1441 6. Strategies appropriate for the instruction of students
1442 with disabilities.
1443 7. Strategies to differentiate instruction based on student
1444 needs School safety.
1445 8. The use of character-based classroom management.
1446 (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
1447 teacher preparation program shall be based upon evidence that
1448 the program continues to implement the requirements for initial
1449 approval and upon significant, objective, and quantifiable
1450 measures of the program and the performance of the program
1451 completers.
1452 (a) The criteria for continued approval must include each
1453 of the following:
1454 1. Documentation from the program that each program
1455 candidate met the admission requirements provided in subsection
1456 (3).
1457 2. Documentation from the program that the program and each
1458 program completer have met the requirements provided in
1459 subsection (2).
1460 3. Evidence of performance in each of the following areas:
1461 a. Placement rate of program completers into instructional
1462 positions in Florida public schools and private schools, if
1463 available.
1464 b. Rate of retention for employed program completers in
1465 instructional positions in Florida public schools.
1466 c. Performance of students in prekindergarten through grade
1467 12 who are assigned to in-field program completers on statewide
1468 assessments using the results of the student learning growth
1469 formula adopted under s. 1012.34.
1470 d. Performance of students in prekindergarten through grade
1471 12 who are assigned to in-field program completers aggregated by
1472 student subgroup, as defined in the federal Elementary and
1473 Secondary Education Act (ESEA), 20 U.S.C. s.
1474 6311(b)(2)(C)(v)(II), as a measure of how well the program
1475 prepares teachers to work with a diverse population of students
1476 in a variety of settings in Florida public schools.
1477 e. Results of program completers’ annual evaluations in
1478 accordance with the timeline as set forth in s. 1012.34.
1479 f. Production of program completers in statewide critical
1480 teacher shortage areas as identified in s. 1012.07.
1481 4. Results of the program completers’ survey measuring
1482 their satisfaction with preparation for the realities of the
1483 classroom.
1484 5. Results of the employers’ survey measuring satisfaction
1485 with the program and the program’s responsiveness to local
1486 school districts.
1487 (b) The State Board of Education shall adopt rules for
1488 continued approval of teacher preparation programs which include
1489 the program review process, the continued approval timelines,
1490 and the performance level targets for each of the continued
1491 approval criteria in paragraph (a). Additional criteria may be
1492 approved by the State Board of Education. Such criteria may
1493 include a program completer’s satisfaction with instruction and
1494 an employer’s satisfaction with, and the program’s
1495 responsiveness to, local school districts. The Commissioner of
1496 Education shall determine the continued approval of each program
1497 based on the data collected pursuant to this section and the
1498 rules of the State Board of Education.
1499 (e) Each Florida public and private institution that offers
1500 a state-approved teacher preparation program must annually
1501 report information regarding its approved programs to the state
1502 and the general public. The report to the state must include a
1503 list of candidates who are admitted to, who are enrolled in, or
1504 who complete a teacher preparation program; additional evidence
1505 necessary to document requirements for continued approval; and
1506 data necessary to complete applicable federal reporting
1507 requirements. The state reporting requirements must minimize a
1508 program’s reporting burden whenever possible without
1509 compromising data quality. The report to the general public must
1510 include, at a minimum, the annual progress data reported by the
1511 state under this paragraph and results of the surveys required
1512 under paragraph (a), and may include other information chosen by
1513 the institution or program.
1514 (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
1515 instructors, school district personnel and instructional
1516 personnel, and school sites preparing instructional personnel
1517 through preservice field experience courses and internships
1518 shall meet special requirements. District school boards may pay
1519 student teachers during their internships.
1520 (c) Preservice field experience must fully prepare a
1521 candidate to manage a classroom by requiring the include
1522 candidate to practice and demonstrate demonstration of the
1523 uniform core curricula specific to the candidate’s candidates’
1524 area or areas of program concentration with a diverse population
1525 of students in a variety of challenging environments, including,
1526 but not limited to, high-poverty schools, urban schools, and
1527 rural schools settings. The length of structured field
1528 experiences may be extended to ensure that candidates achieve
1529 the competencies needed to meet certification requirements.
1530 (d) Postsecondary teacher preparation programs in
1531 cooperation with district school boards and approved private
1532 school associations shall select the school sites for preservice
1533 field experience activities based upon the qualifications of the
1534 supervising personnel as described in this subsection and the
1535 needs of the candidates. These sites must represent the full
1536 spectrum of school communities, including, but not limited to,
1537 schools serving low-achieving students located in urban
1538 settings. In order to be selected, school sites must demonstrate
1539 commitment to the education of public school students and to the
1540 preparation of future teachers.
1541 Section 13. Paragraph (a) of subsection (3) and subsection
1542 (5) of section 1004.85, Florida Statutes, are amended to read:
1543 1004.85 Postsecondary educator preparation institutes.—
1544 (3) Educator preparation institutes approved pursuant to
1545 this section may offer competency-based certification programs
1546 specifically designed for noneducation major baccalaureate
1547 degree holders to enable program participants to meet the
1548 educator certification requirements of s. 1012.56. An educator
1549 preparation institute choosing to offer a competency-based
1550 certification program pursuant to the provisions of this section
1551 must implement a program previously approved by the Department
1552 of Education for this purpose or a program developed by the
1553 institute and approved by the department for this purpose.
1554 Approved programs shall be available for use by other approved
1555 educator preparation institutes.
1556 (a) Within 90 days after receipt of a request for approval,
1557 the Department of Education shall approve a preparation program
1558 pursuant to the requirements of this subsection or issue a
1559 statement of the deficiencies in the request for approval. The
1560 department shall approve a certification program if the
1561 institute provides evidence of the institute’s capacity to
1562 implement a competency-based program that includes each of the
1563 following:
1564 1.a. Participant instruction and assessment in the Florida
1565 Educator Accomplished Practices across content areas.
1566 b. The use of state-adopted student content standards to
1567 guide curriculum and instruction.
1568 c. Scientifically researched and evidence-based reading
1569 instructional strategies that improve reading performance for
1570 all students, including explicit, systematic, and sequential
1571 approaches to teaching phonemic awareness, phonics, vocabulary,
1572 fluency, and text comprehension and multisensory intervention
1573 strategies.
1574 d. Content literacy and mathematical practices.
1575 e. Strategies appropriate for instruction of English
1576 language learners.
1577 f. Strategies appropriate for instruction of students with
1578 disabilities.
1579 g. Strategies to differentiate instruction based on student
1580 needs School safety.
1581 h. The use of character-based classroom management.
1582 2. An educational plan for each participant to meet
1583 certification requirements and demonstrate his or her ability to
1584 teach the subject area for which the participant is seeking
1585 certification, which is based on an assessment of his or her
1586 competency in the areas listed in subparagraph 1.
1587 3. Field experiences appropriate to the certification
1588 subject area specified in the educational plan with a diverse
1589 population of students in a variety of challenging environments,
1590 including, but not limited to, high-poverty schools, urban
1591 schools, and rural schools, settings under the supervision of
1592 qualified educators.
1593 4. A certification ombudsman to facilitate the process and
1594 procedures required for participants who complete the program to
1595 meet any requirements related to the background screening
1596 pursuant to s. 1012.32 and educator professional or temporary
1597 certification pursuant to s. 1012.56.
1598 (5) Each institute approved pursuant to this section shall
1599 submit to the Department of Education annual performance
1600 evaluations that measure the effectiveness of the programs,
1601 including the pass rates of participants on all examinations
1602 required for teacher certification, employment rates,
1603 longitudinal retention rates, and employer satisfaction surveys
1604 of employers and candidates. The employer satisfaction surveys
1605 must be designed to measure the sufficient preparation of the
1606 educator for the realities of to enter the classroom and the
1607 institute’s responsiveness to local school districts. These
1608 evaluations shall be used by the Department of Education for
1609 purposes of continued approval of an educator preparation
1610 institute’s certification program.
1611 Section 14. Paragraphs (a) and (d) of subsection (4) of
1612 section 1008.33, Florida Statutes, are amended to read:
1613 1008.33 Authority to enforce public school improvement.—
1614 (4)(a) The state board shall apply intensive intervention
1615 and support strategies tailored to the needs of schools earning
1616 two consecutive grades of “D” or a grade of “F.” In the first
1617 full school year after a school initially earns two consecutive
1618 grades of “D” or a grade of “F,” the school district must
1619 immediately implement intervention and support strategies
1620 prescribed in rule under paragraph (3)(c) and, by September 1,
1621 provide the department with the memorandum of understanding
1622 negotiated pursuant to s. 1001.42(21) and, by October 1, a
1623 district-managed turnaround plan for approval by the state
1624 board. The district-managed turnaround plan may include a
1625 proposal for the district to implement an extended school day, a
1626 summer program, or a combination of an extended school day and a
1627 summer program. Upon approval by the state board, the school
1628 district must implement the plan for the remainder of the school
1629 year and continue the plan for 1 full school year. The state
1630 board may allow a school an additional year of implementation
1631 before the school must implement a turnaround option required
1632 under paragraph (b) if it determines that the school is likely
1633 to improve to a grade of “C” or higher after the first full
1634 school year of implementation.
1635 (d) If a school earning two consecutive grades of “D” or a
1636 grade of “F” does not improve to a grade of “C” or higher after
1637 2 full school years of implementing the turnaround option
1638 selected by the school district under paragraph (b), the school
1639 district must implement another turnaround option.
1640 Implementation of the turnaround option must begin the school
1641 year following the implementation period of the existing
1642 turnaround option, unless the state board determines that the
1643 school is likely to improve to a grade of “C” or higher if
1644 additional time is provided to implement the existing turnaround
1645 option.
1646 Section 15. Present subsections (18) and (19) of section
1647 1011.62, Florida Statutes, are redesignated as subsections (19)
1648 and (20), respectively, a new subsection (18) and subsection
1649 (21) are added to that section, and paragraph (a) of subsection
1650 (4), subsection (11), paragraph (d) of subsection (13), and
1651 subsection (14) of that section are amended, to read:
1652 1011.62 Funds for operation of schools.—If the annual
1653 allocation from the Florida Education Finance Program to each
1654 district for operation of schools is not determined in the
1655 annual appropriations act or the substantive bill implementing
1656 the annual appropriations act, it shall be determined as
1657 follows:
1658 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
1659 Legislature shall prescribe the aggregate required local effort
1660 for all school districts collectively as an item in the General
1661 Appropriations Act for each fiscal year. The amount that each
1662 district shall provide annually toward the cost of the Florida
1663 Education Finance Program for kindergarten through grade 12
1664 programs shall be calculated as follows:
1665 (a) Estimated taxable value calculations.—
1666 1.a. Not later than 2 working days before July 19, the
1667 Department of Revenue shall certify to the Commissioner of
1668 Education its most recent estimate of the taxable value for
1669 school purposes in each school district and the total for all
1670 school districts in the state for the current calendar year
1671 based on the latest available data obtained from the local
1672 property appraisers. The value certified shall be the taxable
1673 value for school purposes for that year, and no further
1674 adjustments shall be made, except those made pursuant to
1675 paragraphs (c) and (d), or an assessment roll change required by
1676 final judicial decisions as specified in paragraph (19)(b)
1677 (18)(b). Not later than July 19, the Commissioner of Education
1678 shall compute a millage rate, rounded to the next highest one
1679 one-thousandth of a mill, which, when applied to 96 percent of
1680 the estimated state total taxable value for school purposes,
1681 would generate the prescribed aggregate required local effort
1682 for that year for all districts. The Commissioner of Education
1683 shall certify to each district school board the millage rate,
1684 computed as prescribed in this subparagraph, as the minimum
1685 millage rate necessary to provide the district required local
1686 effort for that year.
1687 b. The General Appropriations Act shall direct the
1688 computation of the statewide adjusted aggregate amount for
1689 required local effort for all school districts collectively from
1690 ad valorem taxes to ensure that no school district’s revenue
1691 from required local effort millage will produce more than 90
1692 percent of the district’s total Florida Education Finance
1693 Program calculation as calculated and adopted by the
1694 Legislature, and the adjustment of the required local effort
1695 millage rate of each district that produces more than 90 percent
1696 of its total Florida Education Finance Program entitlement to a
1697 level that will produce only 90 percent of its total Florida
1698 Education Finance Program entitlement in the July calculation.
1699 2. On the same date as the certification in sub
1700 subparagraph 1.a., the Department of Revenue shall certify to
1701 the Commissioner of Education for each district:
1702 a. Each year for which the property appraiser has certified
1703 the taxable value pursuant to s. 193.122(2) or (3), if
1704 applicable, since the prior certification under sub-subparagraph
1705 1.a.
1706 b. For each year identified in sub-subparagraph a., the
1707 taxable value certified by the appraiser pursuant to s.
1708 193.122(2) or (3), if applicable, since the prior certification
1709 under sub-subparagraph 1.a. This is the certification that
1710 reflects all final administrative actions of the value
1711 adjustment board.
1712 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
1713 annually provide in the Florida Education Finance Program a
1714 virtual education contribution. The amount of the virtual
1715 education contribution shall be the difference between the
1716 amount per FTE established in the General Appropriations Act for
1717 virtual education and the amount per FTE for each district and
1718 the Florida Virtual School, which may be calculated by taking
1719 the sum of the base FEFP allocation, the discretionary local
1720 effort, the state-funded discretionary contribution, the
1721 discretionary millage compression supplement, the research-based
1722 reading instruction allocation, best and brightest teacher and
1723 principal allocation, and the instructional materials
1724 allocation, and then dividing by the total unweighted FTE. This
1725 difference shall be multiplied by the virtual education
1726 unweighted FTE for programs and options identified in s.
1727 1002.455 and the Florida Virtual School and its franchises to
1728 equal the virtual education contribution and shall be included
1729 as a separate allocation in the funding formula.
1730 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
1731 connected student supplement is created to provide supplemental
1732 funding for school districts to support the education of
1733 students connected with federally owned military installations,
1734 National Aeronautics and Space Administration (NASA) real
1735 property, and Indian lands. To be eligible for this supplement,
1736 the district must be eligible for federal Impact Aid Program
1737 funds under s. 8003 of Title VIII of the Elementary and
1738 Secondary Education Act of 1965. The supplement shall be
1739 allocated annually to each eligible school district in the
1740 General Appropriations Act. The supplement shall be the sum of
1741 the student allocation and an exempt property allocation.
1742 (d) The amount allocated for each eligible school district
1743 shall be recalculated during the year using actual student
1744 membership, as amended, from the most recent February survey and
1745 the tax-exempt valuation from the most recent assessment roll.
1746 Upon recalculation, if the total allocation is greater than the
1747 amount provided in the General Appropriations Act, it must be
1748 prorated to the level of the appropriation based on each
1749 district’s share of the total recalculated amount.
1750 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
1751 annually in the General Appropriations Act determine a
1752 percentage increase in funds per K-12 unweighted FTE as a
1753 minimum guarantee to each school district. The guarantee shall
1754 be calculated from prior year base funding per unweighted FTE
1755 student which shall include the adjusted FTE dollars as provided
1756 in subsection (19) (18), quality guarantee funds, and actual
1757 nonvoted discretionary local effort from taxes. From the base
1758 funding per unweighted FTE, the increase shall be calculated for
1759 the current year. The current year funds from which the
1760 guarantee shall be determined shall include the adjusted FTE
1761 dollars as provided in subsection (19) (18) and potential
1762 nonvoted discretionary local effort from taxes. A comparison of
1763 current year funds per unweighted FTE to prior year funds per
1764 unweighted FTE shall be computed. For those school districts
1765 which have less than the legislatively assigned percentage
1766 increase, funds shall be provided to guarantee the assigned
1767 percentage increase in funds per unweighted FTE student. Should
1768 appropriated funds be less than the sum of this calculated
1769 amount for all districts, the commissioner shall prorate each
1770 district’s allocation. This provision shall be implemented to
1771 the extent specifically funded.
1772 (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
1773 ALLOCATION.—
1774 (a) The Florida Best and Brightest Teacher and Principal
1775 Allocation is created to recruit, retain, and recognize
1776 classroom teachers and instructional personnel who meet the
1777 criteria established in s. 1012.731 and reward principals who
1778 meet the criteria established in s. 1012.732. Subject to annual
1779 appropriation, each school district shall receive an allocation
1780 based on the district’s proportionate share of FEFP base
1781 funding. The Legislature may specify a minimum allocation for
1782 all districts in the General Appropriations Act.
1783 (b) From the allocation, each district shall provide the
1784 following:
1785 1. A one-time recruitment award, as provided in s.
1786 1012.731(3)(a);
1787 2. A retention award, as provided in s. 1012.731(3)(b); and
1788 3. A recognition award, as provided in s. 1012.731(3)(c)
1789 from the remaining balance of the appropriation after the
1790 payment of all other awards authorized under ss. 1012.731 and
1791 1012.732.
1792 (c) From the allocation, each district shall provide
1793 eligible principals an award as provided in s. 1012.732(3).
1794
1795 If a district’s calculated awards exceed the allocation, the
1796 district may prorate the awards.
1797 (21) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
1798 The turnaround school supplemental services allocation is
1799 created to provide district-managed turnaround schools, as
1800 identified in s. 1008.33(4)(a), schools that earn three
1801 consecutive grades below a “C,” as identified in s.
1802 1008.33(4)(b)3., and schools that have improved to a “C” and are
1803 no longer in turnaround status, as identified in s.
1804 1008.33(4)(c), with funds to offer services designed to improve
1805 the overall academic and community welfare of the schools’
1806 students and their families.
1807 (a)1. Services funded by the allocation may include, but
1808 are not limited to, tutorial and after-school programs, student
1809 counseling, nutrition education, parental counseling, and an
1810 extended school day and school year. In addition, services may
1811 include models that develop a culture that encourages students
1812 to complete high school and to attend college or career
1813 training, set high academic expectations, and inspire character
1814 development.
1815 2. A school district may enter into a formal agreement with
1816 a nonprofit organization that has tax-exempt status under s.
1817 501(c)(3) of the Internal Revenue Code to implement an
1818 integrated student support service model that provides students
1819 and families with access to wrap-around services, including, but
1820 not limited to, health services, after-school programs, drug
1821 prevention programs, college and career readiness programs, and
1822 food and clothing banks.
1823 (b) Before distribution of the allocation, the school
1824 district shall develop and submit a plan for implementation to
1825 its school board for approval no later than August 1 of each
1826 fiscal year.
1827 (c) At a minimum, the plan required under paragraph (b)
1828 must:
1829 1. Establish comprehensive support services that develop
1830 family and community partnerships;
1831 2. Establish clearly defined and measurable high academic
1832 and character standards;
1833 3. Increase parental involvement and engagement in the
1834 child’s education;
1835 4. Describe how instructional personnel will be identified,
1836 recruited, retained, and rewarded;
1837 5. Provide professional development that focuses on
1838 academic rigor, direct instruction, and creating high academic
1839 and character standards;
1840 6. Provide focused instruction to improve student academic
1841 proficiency, which may include additional instruction time
1842 beyond the normal school day or school year; and
1843 7. Include a strategy for continuing to provide services
1844 after the school is no longer in turnaround status by virtue of
1845 achieving a grade of “C” or higher.
1846 (d) Each school district shall submit its approved plans to
1847 the commissioner by September 1 of each fiscal year.
1848 (e) Subject to legislative appropriation, each school
1849 district’s allocation must be based on the unweighted FTE
1850 student enrollment at the eligible schools and a per-FTE funding
1851 amount of $500 or as provided in the General Appropriations Act.
1852 The supplement provided in the General Appropriations Act shall
1853 be based on the most recent school grades and shall serve as a
1854 proxy for the official calculation. Once school grades are
1855 available for the school year immediately preceding the fiscal
1856 year coinciding with the appropriation, the supplement shall be
1857 recalculated for the official participating schools as part of
1858 the subsequent FEFP calculation. The commissioner may prepare a
1859 preliminary calculation so that districts may proceed with
1860 timely planning and use of the funds. If the calculated funds
1861 for the statewide allocation exceed the funds appropriated, the
1862 allocation of funds to each school district must be prorated
1863 based on each school district’s share of the total unweighted
1864 FTE student enrollment for the eligible schools.
1865 (f) Subject to legislative appropriation, each school shall
1866 remain eligible for the allocation for a maximum of 4 continuous
1867 fiscal years while implementing a turnaround option pursuant to
1868 s. 1008.33(4). In addition, a school that improves to a grade of
1869 “C” or higher shall remain eligible to receive the allocation
1870 for a maximum of 2 continuous fiscal years after exiting
1871 turnaround status.
1872 Section 16. Subsection (1) and paragraph (a) of subsection
1873 (2) of section 1011.71, Florida Statutes, are amended to read:
1874 1011.71 District school tax.—
1875 (1) If the district school tax is not provided in the
1876 General Appropriations Act or the substantive bill implementing
1877 the General Appropriations Act, each district school board
1878 desiring to participate in the state allocation of funds for
1879 current operation as prescribed by s. 1011.62(19) s. 1011.62(18)
1880 shall levy on the taxable value for school purposes of the
1881 district, exclusive of millage voted under s. 9(b) or s. 12,
1882 Art. VII of the State Constitution, a millage rate not to exceed
1883 the amount certified by the commissioner as the minimum millage
1884 rate necessary to provide the district required local effort for
1885 the current year, pursuant to s. 1011.62(4)(a)1. In addition to
1886 the required local effort millage levy, each district school
1887 board may levy a nonvoted current operating discretionary
1888 millage. The Legislature shall prescribe annually in the
1889 appropriations act the maximum amount of millage a district may
1890 levy.
1891 (2) In addition to the maximum millage levy as provided in
1892 subsection (1), each school board may levy not more than 1.5
1893 mills against the taxable value for school purposes for charter
1894 schools pursuant to s. 1013.62(1) and (3) and for district
1895 schools to fund:
1896 (a) New construction, and remodeling projects, as set forth
1897 in s. 1013.64(6)(b) and included in the district’s educational
1898 plant survey pursuant to s. 1013.31, without regard to
1899 prioritization, sites and site improvement or expansion to new
1900 sites, existing sites, auxiliary facilities, athletic
1901 facilities, or ancillary facilities.
1902 Section 17. Effective upon becoming a law, subsections (2),
1903 (3), and (7) of section 1012.56, Florida Statutes, are amended
1904 to read:
1905 1012.56 Educator certification requirements.—
1906 (2) ELIGIBILITY CRITERIA.—To be eligible to seek
1907 certification, a person must:
1908 (a) Be at least 18 years of age.
1909 (b) File an affidavit that the applicant subscribes to and
1910 will uphold the principles incorporated in the Constitution of
1911 the United States and the Constitution of the State of Florida
1912 and that the information provided in the application is true,
1913 accurate, and complete. The affidavit shall be by original
1914 signature or by electronic authentication. The affidavit shall
1915 include substantially the following warning:
1916
1917 WARNING: Giving false information in order to obtain or renew a
1918 Florida educator’s certificate is a criminal offense under
1919 Florida law. Anyone giving false information on this affidavit
1920 is subject to criminal prosecution as well as disciplinary
1921 action by the Education Practices Commission.
1922 (c) Document receipt of a bachelor’s or higher degree from
1923 an accredited institution of higher learning, or a nonaccredited
1924 institution of higher learning that the Department of Education
1925 has identified as having a quality program resulting in a
1926 bachelor’s degree, or higher. Each applicant seeking initial
1927 certification must have attained at least a 2.5 overall grade
1928 point average on a 4.0 scale in the applicant’s major field of
1929 study. The applicant may document the required education by
1930 submitting official transcripts from institutions of higher
1931 education or by authorizing the direct submission of such
1932 official transcripts through established electronic network
1933 systems. The bachelor’s or higher degree may not be required in
1934 areas approved in rule by the State Board of Education as
1935 nondegreed areas. The State Board of Education may adopt rules
1936 that, for purposes of demonstrating completion of specific
1937 certification requirements, allow for the acceptance of college
1938 course credits recommended by the American Council for Education
1939 (ACE), as posted on an official ACE transcript.
1940 (d) Submit to background screening in accordance with
1941 subsection (10). If the background screening indicates a
1942 criminal history or if the applicant acknowledges a criminal
1943 history, the applicant’s records shall be referred to the
1944 investigative section in the Department of Education for review
1945 and determination of eligibility for certification. If the
1946 applicant fails to provide the necessary documentation requested
1947 by the department within 90 days after the date of the receipt
1948 of the certified mail request, the statement of eligibility and
1949 pending application shall become invalid.
1950 (e) Be of good moral character.
1951 (f) Be competent and capable of performing the duties,
1952 functions, and responsibilities of an educator.
1953 (g) Demonstrate mastery of general knowledge, pursuant to
1954 subsection (3), if the person serves as a classroom teacher
1955 pursuant to s. 1012.01(2)(a).
1956 (h) Demonstrate mastery of subject area knowledge, pursuant
1957 to subsection (5).
1958 (i) Demonstrate mastery of professional preparation and
1959 education competence, pursuant to subsection (6).
1960 (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
1961 demonstrating mastery of general knowledge are:
1962 (a) Achievement of passing scores on the general knowledge
1963 examination required by state board rule;
1964 (b) Documentation of a valid professional standard teaching
1965 certificate issued by another state;
1966 (c) Documentation of a valid certificate issued by the
1967 National Board for Professional Teaching Standards or a national
1968 educator credentialing board approved by the State Board of
1969 Education;
1970 (d) Documentation of two semesters of successful, full-time
1971 or part-time teaching in a Florida College System institution,
1972 state university, or private college or university that awards
1973 an associate or higher degree and is an accredited institution
1974 or an institution of higher education identified by the
1975 Department of Education as having a quality program; or
1976 (e) Effective July 1, 2015, Achievement of passing scores,
1977 identified in state board rule, on national or international
1978 examinations that test comparable content and relevant standards
1979 in verbal, analytical writing, and quantitative reasoning
1980 skills, including, but not limited to, the verbal, analytical
1981 writing, and quantitative reasoning portions of the Graduate
1982 Record Examination. Passing scores identified in state board
1983 rule must be at approximately the same level of rigor as is
1984 required to pass the general knowledge examinations.
1985
1986 A school district that employs an individual who does not
1987 achieve passing scores on any subtest of the general knowledge
1988 examination must provide information regarding the availability
1989 of state-level and district-level supports and instruction to
1990 assist him or her in achieving a passing score. Such information
1991 must include, but need not be limited to, state-level test
1992 information guides, school district test preparation resources,
1993 and preparation courses offered by state universities and
1994 Florida College System institutions.
1995 (7) TYPES AND TERMS OF CERTIFICATION.—
1996 (a) The Department of Education shall issue a professional
1997 certificate for a period not to exceed 5 years to any applicant
1998 who fulfills one of the following:
1999 1. Meets all the applicable requirements outlined in
2000 subsection (2).
2001 2. For a professional certificate covering grades 6 through
2002 12:
2003 a. Meets the applicable requirements of paragraphs (2)(a)
2004 (h).
2005 b. Holds a master’s or higher degree in the area of
2006 science, technology, engineering, or mathematics.
2007 c. Teaches a high school course in the subject of the
2008 advanced degree.
2009 d. Is rated highly effective as determined by the teacher’s
2010 performance evaluation under s. 1012.34, based in part on
2011 student performance as measured by a statewide, standardized
2012 assessment or an Advanced Placement, Advanced International
2013 Certificate of Education, or International Baccalaureate
2014 examination.
2015 e. Achieves a passing score on the Florida professional
2016 education competency examination required by state board rule.
2017 3. Meets the applicable requirements of paragraphs (2)(a)
2018 (h) and completes a professional preparation and education
2019 competence program approved by the department pursuant to
2020 paragraph (8)(c). An applicant who completes the program and is
2021 rated highly effective as determined by his or her performance
2022 evaluation under s. 1012.34 is not required to take or achieve a
2023 passing score on the professional education competency
2024 examination in order to be awarded a professional certificate.
2025 (b) The department shall issue a temporary certificate to
2026 any applicant who completes the requirements outlined in
2027 paragraphs (2)(a)-(f) and completes the subject area content
2028 requirements specified in state board rule or demonstrates
2029 mastery of subject area knowledge pursuant to subsection (5) and
2030 holds an accredited degree or a degree approved by the
2031 Department of Education at the level required for the subject
2032 area specialization in state board rule.
2033 (c) The department shall issue one nonrenewable 2-year
2034 temporary certificate and one nonrenewable 5-year professional
2035 certificate to a qualified applicant who holds a bachelor’s
2036 degree in the area of speech-language impairment to allow for
2037 completion of a master’s degree program in speech-language
2038 impairment.
2039
2040 Each temporary certificate is valid for 3 school fiscal years
2041 and is nonrenewable. However, the requirement in paragraph
2042 (2)(g) must be met within 1 calendar year of the date of
2043 employment under the temporary certificate. Individuals who are
2044 employed under contract at the end of the 1 calendar year time
2045 period may continue to be employed through the end of the school
2046 year in which they have been contracted. A school district shall
2047 not employ, or continue the employment of, an individual in a
2048 position for which a temporary certificate is required beyond
2049 this time period if the individual has not met the requirement
2050 of paragraph (2)(g). At least 1 year before an individual’s
2051 temporary certificate is set to expire, the department shall
2052 electronically notify the individual of the date on which his or
2053 her certificate will expire and provide a list of each method by
2054 which the qualifications for a professional certificate can be
2055 completed. The State Board of Education shall adopt rules to
2056 allow the department to extend the validity period of a
2057 temporary certificate for 2 years when the requirements for the
2058 professional certificate, not including the requirement in
2059 paragraph (2)(g), were not completed due to the serious illness
2060 or injury of the applicant, the military service of an
2061 applicant’s spouse, or other extraordinary extenuating
2062 circumstances, or if the certificateholder is rated highly
2063 effective in the immediate prior year’s performance evaluation
2064 pursuant to s. 1012.34 or has completed a 2-year mentorship
2065 program pursuant to s. 1012.56(8). The rules must authorize the
2066 department to extend the validity period of a temporary
2067 certificate for 1 year if the certificateholder is rated
2068 effective or highly effective based solely on a student learning
2069 growth formula approved by the Commissioner of Education
2070 pursuant to s. 1012.34(8). The department shall extend reissue
2071 the temporary certificate for 2 additional years upon approval
2072 by the Commissioner of Education. A written request for
2073 extension reissuance of the certificate shall be submitted by
2074 the district school superintendent, the governing authority of a
2075 university lab school, the governing authority of a state
2076 supported school, or the governing authority of a private
2077 school.
2078 Section 18. Effective upon becoming a law, subsection (1)
2079 of section 1012.59, Florida Statutes, is amended to read:
2080 1012.59 Certification fees.—
2081 (1) The State Board of Education, by rule, shall establish
2082 by rule separate fees for applications, examinations,
2083 certification, certification renewal, late renewal,
2084 recordmaking, and recordkeeping, and may establish procedures
2085 for scheduling and administering an examination upon an
2086 applicant’s request. Unless otherwise specified in this
2087 subsection, each fee shall be based on department estimates of
2088 the revenue required to implement the provisions of law with
2089 respect to certification of school personnel. The application
2090 fee is shall be nonrefundable. The rule must specify an Each
2091 examination fee for the following:
2092 (a) Initial registration for first-time test takers.
2093 (b) Retake of the full battery of subtests of an
2094 examination, if applicable. The retake fee for the full battery
2095 of subtests may not exceed the fee for the initial registration.
2096 (c) Retake for each subtest of an examination. The retake
2097 fee for each subtest must be prorated based on the number of
2098 subtests within the examination shall be sufficient to cover the
2099 actual cost of developing and administering the examination.
2100 Section 19. Section 1012.731, Florida Statutes, is amended
2101 to read:
2102 1012.731 The Florida Best and Brightest Teacher Scholarship
2103 Program.—
2104 (1) The Legislature recognizes that, second only to
2105 parents, teachers play the most critical role within schools in
2106 preparing students to achieve a high level of academic
2107 performance. The Legislature further recognizes that research
2108 has linked student outcomes to a teacher’s own academic
2109 achievement. Therefore, it is the intent of the Legislature to
2110 recruit, retain, and recognize designate teachers who meet the
2111 needs of this state and have achieved success in the classroom
2112 high academic standards during their own education as Florida’s
2113 best and brightest teacher scholars.
2114 (2) There is created The Florida Best and Brightest Teacher
2115 Scholarship Program is created to be administered by the
2116 Department of Education. The scholarship program shall provide
2117 categorical funding for scholarships to recruitment and
2118 retention awards to classroom teachers, as defined in
2119 1012.01(2)(a), and recognition awards to instructional
2120 personnel, as defined in 1012.01(2), to be funded as provided in
2121 s. 1011.62(18) be awarded to classroom teachers, as defined in
2122 s. 1012.01(2)(a), who have demonstrated a high level of academic
2123 achievement.
2124 (3)(a) To be eligible for a one-time recruitment award as
2125 specified in the General Appropriations Act, a newly hired
2126 classroom teacher must be a content expert, based on criteria
2127 established by the department, in mathematics, science, computer
2128 science, reading, or civics scholarship in the amount of $6,000,
2129 a classroom teacher must:
2130 1. Have achieved a composite score at or above the 80th
2131 percentile on either the SAT or the ACT based on the National
2132 Percentile Ranks in effect when the classroom teacher took the
2133 assessment and have been evaluated as highly effective pursuant
2134 to s. 1012.34 in the school year immediately preceding the year
2135 in which the scholarship will be awarded, unless the classroom
2136 teacher is newly hired by the district school board and has not
2137 been evaluated pursuant to s. 1012.34.
2138 2. Beginning with the 2020-2021 school year, have achieved
2139 a composite score at or above the 77th percentile or, if the
2140 classroom teacher graduated cum laude or higher with a
2141 baccalaureate degree, the 71st percentile on either the SAT,
2142 ACT, GRE, LSAT, GMAT, or MCAT based on the National Percentile
2143 Ranks in effect when the classroom teacher took the assessment;
2144 and have been evaluated as highly effective pursuant to s.
2145 1012.34, or have been evaluated as highly effective based on a
2146 commissioner-approved student learning growth formula pursuant
2147 to s. 1012.34(8), in the school year immediately preceding the
2148 year in which the scholarship will be awarded, unless the
2149 classroom teacher is newly hired by the district school board
2150 and has not been evaluated pursuant to s. 1012.34.
2151 (b) To be eligible for a retention award as specified in
2152 the General Appropriations Act, a classroom teacher must have
2153 been rated as highly effective or effective the preceding year
2154 pursuant to s. 1012.34, and teach in a school for 2 consecutive
2155 school years, including the current year, which has improved an
2156 average of 3 percentage points or more in the percentage of
2157 total possible points achieved for determining school grades
2158 over the prior 3 years
2159 1. In order to demonstrate eligibility for an award, an
2160 eligible classroom teacher must submit to the school district,
2161 no later than November 1, an official record of his or her
2162 qualifying assessment score and, beginning with the 2020-2021
2163 school year, an official transcript demonstrating that he or she
2164 graduated cum laude or higher with a baccalaureate degree, if
2165 applicable. Once a classroom teacher is deemed eligible by the
2166 school district, the teacher shall remain eligible as long as he
2167 or she remains employed by the school district as a classroom
2168 teacher at the time of the award and receives an annual
2169 performance evaluation rating of highly effective pursuant to s.
2170 1012.34 or is evaluated as highly effective based on a
2171 commissioner-approved student learning growth formula pursuant
2172 to s. 1012.34(8) for the 2019-2020 school year or thereafter.
2173 2. A school district employee who is no longer a classroom
2174 teacher may receive an award if the employee was a classroom
2175 teacher in the prior school year, was rated highly effective,
2176 and met the requirements of this section as a classroom teacher.
2177 (c) To be eligible for a recognition award, instructional
2178 personnel must be rated as highly effective or effective and be
2179 selected by his or her school principal, based on performance
2180 criteria and policies adopted by the district school board or
2181 charter school governing board. Recognition awards must be
2182 provided from funds remaining under the allocation provided in
2183 s. 1011.62(18) after the payment of all teacher recruitment and
2184 retention awards and principal awards authorized under this
2185 section and the General Appropriations Act Notwithstanding the
2186 requirements of this subsection, for the 2017-2018, 2018-2019,
2187 and 2019-2020 school years, any classroom teacher who:
2188 1. Was evaluated as highly effective pursuant to s. 1012.34
2189 in the school year immediately preceding the year in which the
2190 scholarship will be awarded shall receive a scholarship of
2191 $1200, including a classroom teacher who received an award
2192 pursuant to paragraph (a).
2193 2. Was evaluated as effective pursuant to s. 1012.34 in the
2194 school year immediately preceding the year in which the
2195 scholarship will be awarded a scholarship of up to $800. If the
2196 number of eligible classroom teachers under this subparagraph
2197 exceeds the total allocation, the department shall prorate the
2198 per-teacher scholarship amount.
2199
2200 This paragraph expires July 1, 2020.
2201 (4) Annually, by December 1, each school district shall
2202 submit to the department:
2203 (a) The number of eligible classroom teachers who qualify
2204 for the scholarship.
2205 (b) The name and master school identification number (MSID)
2206 of each school in the district to which an eligible classroom
2207 teacher is assigned.
2208 (c) The name of the school principal of each eligible
2209 classroom teacher’s school if he or she has served as the
2210 school’s principal for at least 2 consecutive school years
2211 including the current school year.
2212 (5) Annually, by February 1, the department shall disburse
2213 scholarship funds to each school district for each eligible
2214 classroom teacher to receive a scholarship in accordance with
2215 this section.
2216 (6) Annually, by April 1, each school district shall award
2217 the scholarship to each eligible classroom teacher.
2218 (7) For purposes of this section, the term “school
2219 district” includes the Florida School for the Deaf and the Blind
2220 and charter school governing boards.
2221 Section 20. Section 1012.732, Florida Statutes, is amended
2222 to read:
2223 1012.732 The Florida Best and Brightest Principal
2224 Scholarship Program.—
2225 (1) The Legislature recognizes that the most effective
2226 school principals establish a safe and supportive school
2227 environment for students and faculty. Research shows that these
2228 principals increase student learning by providing opportunities
2229 for the professional growth, collaboration, and autonomy that
2230 classroom teachers need to become and remain highly effective
2231 educational professionals. As a result, these principals are
2232 able to recruit and retain more of the best classroom teachers
2233 and improve student outcomes at their schools, including schools
2234 serving low-income and high-need student populations. Therefore,
2235 it is the intent of the Legislature to designate school
2236 principals whose schools make noticeable academic improvement
2237 school faculty has a high percentage of classroom teachers who
2238 are designated as Florida’s best and brightest teacher scholars
2239 pursuant to s. 1012.731 as Florida’s best and brightest
2240 principals.
2241 (2) There is created The Florida Best and Brightest
2242 Principal Scholarship Program is created to be administered by
2243 the Department of Education. The program shall provide awards to
2244 categorical funding for scholarships to be awarded to school
2245 principals, as defined in s. 1012.01(3)(c)1., to be funded as
2246 provided in s. 1011.62(18) who have recruited and retained a
2247 high percentage of best and brightest teachers.
2248 (3) A school principal identified pursuant to s.
2249 1012.731(4)(c) is eligible to receive an award, as specified in
2250 the General Appropriations Act, a scholarship under this section
2251 if he or she has served as school principal at his or her school
2252 for at least 4 2 consecutive school years, including the current
2253 school year, and the school has improved an average of 3
2254 percentage points or more in the percentage of total possible
2255 points achieved for determining school grades over the prior 3
2256 years his or her school has a ratio of best and brightest
2257 teachers to other classroom teachers that is at the 80th
2258 percentile or higher for schools within the same grade group,
2259 statewide, including elementary schools, middle schools, high
2260 schools, and schools with a combination of grade levels.
2261 (4) Annually, by February 1, the department shall identify
2262 eligible school principals and disburse funds to each school
2263 district for each eligible school principal to receive a
2264 scholarship. A scholarship of $5,000 must be awarded to every
2265 eligible school principal assigned to a Title I school and a
2266 scholarship of $4,000 to every eligible school principal who is
2267 not assigned to a Title I school.
2268 (5) Annually, by April 1, each school district must award a
2269 scholarship to each eligible school principal.
2270 (6) A school district must provide a best and brightest
2271 principal with the additional authority and responsibilities
2272 provided in s. 1012.28(8) for a minimum of 2 years.
2273 (7) For purposes of this section, the term “school
2274 district” includes the Florida School for the Deaf and the Blind
2275 and charter school governing boards.
2276 Section 21. Paragraphs (a) and (d) of subsection (1) of
2277 section 1013.31, Florida Statutes, are amended to read:
2278 1013.31 Educational plant survey; localized need
2279 assessment; PECO project funding.—
2280 (1) At least every 5 years, each board shall arrange for an
2281 educational plant survey, to aid in formulating plans for
2282 housing the educational program and student population, faculty,
2283 administrators, staff, and auxiliary and ancillary services of
2284 the district or campus, including consideration of the local
2285 comprehensive plan. The Department of Education shall document
2286 the need for additional career and adult education programs and
2287 the continuation of existing programs before facility
2288 construction or renovation related to career or adult education
2289 may be included in the educational plant survey of a school
2290 district or Florida College System institution that delivers
2291 career or adult education programs. Information used by the
2292 Department of Education to establish facility needs must
2293 include, but need not be limited to, labor market data, needs
2294 analysis, and information submitted by the school district or
2295 Florida College System institution.
2296 (a) Educational plant survey and localized need assessment
2297 for capital outlay purposes.—A survey recommendation is not
2298 required when a district uses may only use funds from the
2299 following sources for educational, auxiliary, and ancillary
2300 plant capital outlay purposes without needing a survey
2301 recommendation:
2302 1. The local capital outlay improvement fund, consisting of
2303 funds that come from and are a part of the district’s basic
2304 operating budget;
2305 2. A taxpayer-approved bond referendum, to fund
2306 construction of If a board decides to build an educational,
2307 auxiliary, or ancillary plant facility without a survey
2308 recommendation and the taxpayers approve a bond referendum, the
2309 voted bond referendum;
2310 3. One-half cent sales surtax revenue;
2311 4. One cent local governmental surtax revenue;
2312 5. Impact fees; and
2313 6. Private gifts or donations; and
2314 7. The district school tax levied pursuant to s.
2315 1011.71(2).
2316 (d) Review and validation.—The Department of Education
2317 shall review and validate the surveys of school districts and
2318 Florida College System institutions, and the Chancellor of the
2319 State University System shall review and validate the surveys of
2320 universities, and any amendments thereto for compliance with the
2321 requirements of this chapter and shall recommend those in
2322 compliance for approval by the State Board of Education or the
2323 Board of Governors, as appropriate. Annually, the department
2324 shall perform an in-depth analysis of a representative sample of
2325 each survey of recommended needs for five districts selected by
2326 the commissioner from among districts with the largest need-to
2327 revenue ratio. For the purpose of this subsection, the need-to
2328 revenue ratio is determined by dividing the total 5-year cost of
2329 projects listed on the district survey by the total 5-year fixed
2330 capital outlay revenue projections from state and local sources
2331 as determined by the department. The commissioner may direct
2332 fixed capital outlay funds provided from general revenue or from
2333 state trust funds to be withheld from districts until such time
2334 as the survey accurately projects facilities needs.
2335 Section 22. Subsection (1) of section 1013.385, Florida
2336 Statutes, is amended to read:
2337 1013.385 School district construction flexibility.—
2338 (1) A district school board may, with a majority
2339 supermajority vote at a public meeting that begins no earlier
2340 than 5 p.m., adopt a resolution to implement one or more of the
2341 exceptions to the educational facilities construction
2342 requirements provided in this section. Before voting on the
2343 resolution, a district school board must conduct a cost-benefit
2344 analysis prepared according to a professionally accepted
2345 methodology that describes how each exception selected by the
2346 district school board achieves cost savings, improves the
2347 efficient use of school district resources, and impacts the
2348 life-cycle costs and life span for each educational facility to
2349 be constructed, as applicable, and demonstrates that
2350 implementation of the exception will not compromise student
2351 safety or the quality of student instruction. The district
2352 school board must conduct at least one public workshop to
2353 discuss and receive public comment on the proposed resolution
2354 and cost-benefit analysis, which must begin no earlier than 5
2355 p.m. and may occur at the same meeting at which the resolution
2356 will be voted upon.
2357 Section 23. Paragraph (a) of subsection (2) and paragraphs
2358 (b), (c), and (d) of subsection (6) of section 1013.64, Florida
2359 Statutes, are amended to read:
2360 1013.64 Funds for comprehensive educational plant needs;
2361 construction cost maximums for school district capital
2362 projects.—Allocations from the Public Education Capital Outlay
2363 and Debt Service Trust Fund to the various boards for capital
2364 outlay projects shall be determined as follows:
2365 (2)(a) The department shall establish, as a part of the
2366 Public Education Capital Outlay and Debt Service Trust Fund, a
2367 separate account, in an amount determined by the Legislature, to
2368 be known as the “Special Facility Construction Account.” The
2369 Special Facility Construction Account shall be used to provide
2370 necessary construction funds to school districts which have
2371 urgent construction needs but which lack sufficient resources at
2372 present, and cannot reasonably anticipate sufficient resources
2373 within the period of the next 3 years, for these purposes from
2374 currently authorized sources of capital outlay revenue. A school
2375 district requesting funding from the Special Facility
2376 Construction Account shall submit one specific construction
2377 project, not to exceed one complete educational plant, to the
2378 Special Facility Construction Committee. A district may not
2379 receive funding for more than one approved project in any 3-year
2380 period or while any portion of the district’s participation
2381 requirement is outstanding. The first year of the 3-year period
2382 shall be the first year a district receives an appropriation.
2383 During the 2019-2020 school year, a school district that
2384 sustained hurricane damage in the 2018-2019 school year may
2385 request funding from the Special Facility Construction Account
2386 for a new project before the completion of the district’s
2387 participation requirement for an outstanding project. The
2388 department shall encourage a construction program that reduces
2389 the average size of schools in the district. The request must
2390 meet the following criteria to be considered by the committee:
2391 1. The project must be deemed a critical need and must be
2392 recommended for funding by the Special Facility Construction
2393 Committee. Before developing construction plans for the proposed
2394 facility, the district school board must request a
2395 preapplication review by the Special Facility Construction
2396 Committee or a project review subcommittee convened by the chair
2397 of the committee to include two representatives of the
2398 department and two staff members from school districts not
2399 eligible to participate in the program. A school district may
2400 request a preapplication review at any time; however, if the
2401 district school board seeks inclusion in the department’s next
2402 annual capital outlay legislative budget request, the
2403 preapplication review request must be made before February 1.
2404 Within 90 days after receiving the preapplication review
2405 request, the committee or subcommittee must meet in the school
2406 district to review the project proposal and existing facilities.
2407 To determine whether the proposed project is a critical need,
2408 the committee or subcommittee shall consider, at a minimum, the
2409 capacity of all existing facilities within the district as
2410 determined by the Florida Inventory of School Houses; the
2411 district’s pattern of student growth; the district’s existing
2412 and projected capital outlay full-time equivalent student
2413 enrollment as determined by the demographic, revenue, and
2414 education estimating conferences established in s. 216.136; the
2415 district’s existing satisfactory student stations; the use of
2416 all existing district property and facilities; grade level
2417 configurations; and any other information that may affect the
2418 need for the proposed project.
2419 2. The construction project must be recommended in the most
2420 recent survey or survey amendment cooperatively prepared by the
2421 district and the department, and approved by the department
2422 under the rules of the State Board of Education. If a district
2423 employs a consultant in the preparation of a survey or survey
2424 amendment, the consultant may not be employed by or receive
2425 compensation from a third party that designs or constructs a
2426 project recommended by the survey.
2427 3. The construction project must appear on the district’s
2428 approved project priority list under the rules of the State
2429 Board of Education.
2430 4. The district must have selected and had approved a site
2431 for the construction project in compliance with s. 1013.36 and
2432 the rules of the State Board of Education.
2433 5. The district shall have developed a district school
2434 board adopted list of facilities that do not exceed the norm for
2435 net square feet occupancy requirements under the State
2436 Requirements for Educational Facilities, using all possible
2437 programmatic combinations for multiple use of space to obtain
2438 maximum daily use of all spaces within the facility under
2439 consideration.
2440 6. Upon construction, the total cost per student station,
2441 including change orders, must not exceed the cost per student
2442 station as provided in subsection (6) unless approved except for
2443 cost overruns created by a disaster as defined in s. 252.34 or
2444 an unforeseeable circumstance beyond the district’s control as
2445 determined by the Special Facility Construction Committee. At
2446 the discretion of the committee, costs that exceed the cost per
2447 student station for special facilities may include legal and
2448 administrative fees, the cost of site improvements or related
2449 offsite improvements, the cost of complying with public shelter
2450 and hurricane hardening requirements, cost overruns created by a
2451 disaster as defined in s. 252.34(2), costs of security
2452 enhancements approved by the school safety specialist, and
2453 unforeseeable circumstances beyond the district’s control.
2454 7. There shall be an agreement signed by the district
2455 school board stating that it will advertise for bids within 30
2456 days of receipt of its encumbrance authorization from the
2457 department.
2458 8. For construction projects for which Special Facilities
2459 Construction Account funding is sought before the 2019-2020
2460 fiscal year, the district shall, at the time of the request and
2461 for a continuing period necessary to meet the district’s
2462 participation requirement, levy the maximum millage against its
2463 nonexempt assessed property value as allowed in s. 1011.71(2) or
2464 shall raise an equivalent amount of revenue from the school
2465 capital outlay surtax authorized under s. 212.055(6). Beginning
2466 with construction projects for which Special Facilities
2467 Construction Account funding is sought in the 2019-2020 fiscal
2468 year, the district shall, for a minimum of 3 years before
2469 submitting the request and for a continuing period necessary to
2470 meet its participation requirement, levy the maximum millage
2471 against the district’s nonexempt assessed property value as
2472 authorized under s. 1011.71(2) or shall raise an equivalent
2473 amount of revenue from the school capital outlay surtax
2474 authorized under s. 212.055(6). Any district with a new or
2475 active project, funded under the provisions of this subsection,
2476 shall be required to budget no more than the value of 1 mill per
2477 year to the project until the district’s participation
2478 requirement relating to the local discretionary capital
2479 improvement millage or the equivalent amount of revenue from the
2480 school capital outlay surtax is satisfied.
2481 9. If a contract has not been signed 90 days after the
2482 advertising of bids, the funding for the specific project shall
2483 revert to the Special Facility New Construction Account to be
2484 reallocated to other projects on the list. However, an
2485 additional 90 days may be granted by the commissioner.
2486 10. The department shall certify the inability of the
2487 district to fund the survey-recommended project over a
2488 continuous 3-year period using projected capital outlay revenue
2489 derived from s. 9(d), Art. XII of the State Constitution, as
2490 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
2491 11. The district shall have on file with the department an
2492 adopted resolution acknowledging its commitment to satisfy its
2493 participation requirement, which is equivalent to all
2494 unencumbered and future revenue acquired from s. 9(d), Art. XII
2495 of the State Constitution, as amended, paragraph (3)(a) of this
2496 section, and s. 1011.71(2), in the year of the initial
2497 appropriation and for the 2 years immediately following the
2498 initial appropriation.
2499 12. Phase I Final phase III plans must be approved
2500 certified by the district school board as being complete and in
2501 compliance with the building and life safety codes before June 1
2502 of the year the application is made.
2503 (6)
2504 (b)1. A district school board may not use funds from the
2505 following sources: Public Education Capital Outlay and Debt
2506 Service Trust Fund; School District and Community College
2507 District Capital Outlay and Debt Service Trust Fund; Classrooms
2508 First Program funds provided in s. 1013.68; nonvoted 1.5-mill
2509 levy of ad valorem property taxes provided in s. 1011.71(2);
2510 Classrooms for Kids Program funds provided in s. 1013.735;
2511 District Effort Recognition Program funds provided in s.
2512 1013.736; or High Growth District Capital Outlay Assistance
2513 Grant Program funds provided in s. 1013.738 to pay for any
2514 portion of the cost of for any new construction of educational
2515 plant space with a total cost per student station, including
2516 change orders, which exceeds that equals more than:
2517 a. $17,952 for an elementary school;,
2518 b. $19,386 for a middle school;, or
2519 c. $25,181 for a high school,
2520
2521 (January 2006) as adjusted annually to reflect increases or
2522 decreases in the Consumer Price Index. The department, in
2523 conjunction with the Office of Economic and Demographic
2524 Research, shall review and adjust the cost per student station
2525 limits to reflect actual construction costs by January 1, 2020,
2526 and annually thereafter. The adjusted cost per student station
2527 shall be used by the department for computation of the statewide
2528 average costs per student station for each instructional level
2529 pursuant to paragraph (d). The department shall also collaborate
2530 with the Office of Economic and Demographic Research to select
2531 an industry-recognized construction index to replace the
2532 Consumer Price Index by January 1, 2020, adjusted annually to
2533 reflect changes in the construction index.
2534 2. School districts shall maintain accurate documentation
2535 related to the costs of all new construction of educational
2536 plant space reported to the Department of Education pursuant to
2537 paragraph (d). The Auditor General shall review the
2538 documentation maintained by the school districts and verify
2539 compliance with the limits under this paragraph during its
2540 scheduled operational audits of the school district. The
2541 department shall make the final determination on district
2542 compliance based on the recommendation of the Auditor General.
2543 3. Except for educational facilities and sites subject to a
2544 lease-purchase agreement entered pursuant to s. 1011.71(2)(e)
2545 Effective July 1, 2017, in addition to the funding sources
2546 listed in subparagraph 1., a district school board may not use
2547 funds from any sources for new construction of educational plant
2548 space with a total cost per student station, including change
2549 orders, which equals more than the current adjusted amounts
2550 provided in sub-subparagraphs 1.a.-c. which shall subsequently
2551 be adjusted annually to reflect increases or decreases in the
2552 Consumer Price Index. However, if a contract has been executed
2553 for architectural and design services or for construction
2554 management services before July 1, 2017, a district school board
2555 may use funds from any source for the new construction of
2556 educational plant space and such funds are exempt from the total
2557 cost per student station requirements.
2558 4. A district school board must not use funds from the
2559 Public Education Capital Outlay and Debt Service Trust Fund or
2560 the School District and Community College District Capital
2561 Outlay and Debt Service Trust Fund for any new construction of
2562 an ancillary plant that exceeds 70 percent of the average cost
2563 per square foot of new construction for all schools.
2564 (c) Except as otherwise provided, new construction for
2565 which a contract has been executed for architectural and design
2566 services or for construction management services by a district
2567 school board on or after July 1, 2017, may not exceed the cost
2568 per student station as provided in paragraph (b). A school
2569 district that exceeds the cost per student station provided in
2570 paragraph (b), as determined by the Auditor General, shall be
2571 subject to sanctions. If the Auditor General determines that the
2572 cost per student station overage is de minimus or due to
2573 extraordinary circumstances outside the control of the district,
2574 the sanctions shall not apply. The sanctions are as follows:
2575 1. The school district shall be ineligible for allocations
2576 from the Public Education Capital Outlay and Debt Service Trust
2577 Fund for the next 3 years in which the school district would
2578 have received allocations had the violation not occurred.
2579 2. The school district shall be subject to the supervision
2580 of a district capital outlay oversight committee. The oversight
2581 committee is authorized to approve all capital outlay
2582 expenditures of the school district, including new construction,
2583 renovations, and remodeling, for 3 fiscal years following the
2584 violation.
2585 a. Each oversight committee shall be composed of the
2586 following:
2587 (I) One appointee of the Commissioner of Education who has
2588 significant financial management, school facilities
2589 construction, or related experience.
2590 (II) One appointee of the office of the state attorney with
2591 jurisdiction over the district.
2592 (III) One appointee of the Chief Financial Officer who is a
2593 licensed certified public accountant.
2594 b. An appointee to the oversight committee may not be
2595 employed by the school district; be a relative, as defined in
2596 s. 1002.33(24)(a)2., of any school district employee; or be an
2597 elected official. Each appointee must sign an affidavit
2598 attesting to these conditions and affirming that no conflict of
2599 interest exists in his or her oversight role.
2600 (d) The department shall:
2601 1. Compute for each calendar year the statewide average
2602 construction costs for facilities serving each instructional
2603 level, for relocatable educational facilities, for
2604 administrative facilities, and for other ancillary and auxiliary
2605 facilities. The department shall compute the statewide average
2606 costs per student station for each instructional level.
2607 2. Annually review the actual completed construction costs
2608 of educational facilities in each school district. For any
2609 school district in which the total actual cost per student
2610 station, including change orders, exceeds the statewide limits
2611 established in paragraph (b), the school district shall report
2612 to the department the actual cost per student station and the
2613 reason for the school district’s inability to adhere to the
2614 limits established in paragraph (b). The department shall
2615 collect all such reports and shall provide these reports to the
2616 Auditor General for verification purposes.
2617
2618 Cost per student station includes contract costs, legal and
2619 administrative costs, fees of architects and engineers, and the
2620 cost of furniture and equipment, and site improvement costs.
2621 Cost per student station does not include the cost of purchasing
2622 or leasing the site for the construction, legal and
2623 administrative costs, or the cost of related site or offsite
2624 improvements. Cost per student station also does not include the
2625 cost for securing entries, checkpoint construction, lighting
2626 specifically designed for entry point security, security
2627 cameras, automatic locks and locking devices, electronic
2628 security systems, fencing designed to prevent intruder entry
2629 into a building, bullet-proof glass, or other capital
2630 construction items approved by the school safety specialist to
2631 ensure building security for new educational, auxiliary, or
2632 ancillary facilities; costs for these items must be below 2
2633 percent per student station.
2634 Section 24. (1) The Department of Revenue is authorized,
2635 and all conditions are deemed to be met, to adopt emergency
2636 rules pursuant to s. 120.54(4), Florida Statutes, for the
2637 purpose of administering the provisions of this act relating to
2638 the Hope Scholarship Program and Florida Tax Credit Scholarship
2639 Program.
2640 (2) Notwithstanding any other provision of law, emergency
2641 rules adopted pursuant to subsection (1) are effective for 6
2642 months after adoption and may be renewed during the pendency of
2643 procedures to adopt permanent rules addressing the subject of
2644 the emergency rules.
2645 (3) This section shall take effect upon this act becoming a
2646 law and shall expire January 1, 2022.
2647 Section 25. Except as otherwise expressly provided in this
2648 act and except for this section, which shall take effect upon
2649 becoming a law, this act shall take effect July 1, 2019.