Florida Senate - 2020 SB 1854 By Senator Rodriguez 37-01172D-20 20201854__ 1 A bill to be entitled 2 An act relating to the Instructional Personnel and 3 Educational Support Employee Pay Raise Initiative; 4 creating s. 1011.687, F.S.; providing a short title; 5 establishing the Instructional Personnel and 6 Educational Support Employee Pay Raise Initiative and 7 providing its purpose; requiring that the initiative 8 be funded at a level sufficient to provide a specified 9 annual salary increase for all instructional personnel 10 and educational support employees, plus a specified 11 cost-of-living adjustment, beginning in a specified 12 fiscal year and continuing through a specified fiscal 13 year; providing construction; requiring that a school 14 district that provides the authorized salary increase 15 or that enters into an agreement with bargaining units 16 to provide a salary increase receive funds made 17 available through the initiative to cover the 18 incremental cost to the district; requiring that such 19 funds be incorporated into the base student allocation 20 and that they be distributed through the Florida 21 Education Finance Program; authorizing charter schools 22 to receive funds from the Instructional Personnel and 23 Educational Support Employee Pay Raise Initiative 24 under certain circumstances; requiring that a charter 25 school return the funds and pay a certain penalty 26 under certain circumstances; providing legislative 27 intent with regard to such penalties; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 1011.687, Florida Statutes, is created 33 to read: 34 1011.687 Instructional Personnel and Educational Support 35 Employee Pay Raise Initiative; operating categorical fund.— 36 (1) This section may be cited as the “Instructional 37 Personnel and Educational Support Employee Pay Raise 38 Initiative.” 39 (2) The Instructional Personnel and Educational Support 40 Employee Pay Raise Initiative is established for the purpose of 41 affording school districts the opportunity to raise the salaries 42 of instructional personnel as defined in s. 1012.01(2) and 43 education support employees as defined in s. 1012.40(1)(a) to 44 address challenges with retention and recruitment of 45 instructional personnel and education support employees in the 46 state’s K-20 education system. The initiative must be funded at 47 a level sufficient to provide a 4.5 percent annual salary 48 increase for all instructional personnel and educational support 49 employees, plus a cost-of-living adjustment, beginning with the 50 2020-2021 fiscal year and continuing through the 2028-2029 51 fiscal year. This section may not be construed to abridge the 52 membership of any instructional personnel and educational 53 support employees in any labor organization or to impact the 54 right of instructional personnel and educational support 55 employees to bargain collectively through a labor organization, 56 and the voluntary salary increases provided under this section 57 may not be construed to interfere with the right of school 58 boards to set the wages, hours, and terms and conditions of 59 employment for all school board employees. 60 (a) Beginning with the 2020-2021 fiscal year, funding 61 sufficient to provide for at least the 4.5 percent annual salary 62 increase and the cost of living adjustment authorized by this 63 section must be calculated using aggregate data on the payments 64 disbursed to instructional personnel as defined in s. 1012.01(2) 65 and educational support employees as defined in s. 66 1012.40(1)(a), as reported by the Department of Education. 67 Subject to s. 6, Art. I of the State Constitution, for each year 68 during which a school district provides the salary increase and 69 the cost of living adjustment authorized by this subsection, or 70 when a school district and appropriate bargaining units agree to 71 a salary increase, the school district must receive funds as 72 authorized under this section to cover the incremental cost to 73 the district of the raise. Funds provided pursuant to this 74 subsection must be incorporated into the base student allocation 75 for the subsequent fiscal year. 76 (b) Instructional Personnel and Education Support Employee 77 Pay Raise Initiative funds must be distributed through the 78 Florida Education Finance Program (FEFP). 79 (c) Each district school board, in consultation with each 80 charter school governing board in the district, may provide 81 salary increases for charter school instructional personnel and 82 education support employees under this section if the 83 participating charter school reports pay schedules adopted 84 pursuant to s. 1012.22, documents expenditures related to 85 categorical funds to the department at least 30 days before the 86 start of each legislative session, and agrees to return all 87 funds received under this section plus pay a 5 percent penalty 88 if pay schedules do not reflect that instructional personnel and 89 educational support employees actually received the 4.5 percent 90 raise. A charter school that fails to report pay schedules must 91 return all funds received under this section plus pay a 10 92 percent penalty. 93 (d) The Legislature intends that any financial penalty 94 assessed against a charter school governing board pursuant to 95 paragraph (c) directly impact funding for that charter school 96 and not impact funding for the district school board. 97 Section 2. This act shall take effect July 1, 2020.