Florida Senate - 2021 SB 1042
By Senator Brodeur
9-00468C-21 20211042__
1 A bill to be entitled
2 An act relating to vocational pathways; amending s.
3 446.011, F.S.; providing legislative intent; amending
4 s. 446.021, F.S.; defining and redefining terms;
5 amending s. 446.032, F.S.; deleting a delegation of
6 rulemaking authority to the Department of Education;
7 requiring the department to provide specified
8 assistance to postsecondary education institutions;
9 requiring uniform minimum requirements to be uniform
10 across all occupations; making technical changes;
11 amending s. 446.041, F.S.; revising and expanding the
12 department’s duties with respect to apprenticeship and
13 preapprenticeship programs; removing a requirement
14 that the department supervise specified apprenticeship
15 programs; requiring the department to ensure that
16 equal opportunity for specified persons is provided
17 for in certain programs; requiring the department to
18 adopt certain rules; amending s. 446.045, F.S.;
19 requiring a representative of the Office of
20 Apprenticeship of the United States Department of
21 Labor, rather than the state director of the office,
22 to serve ex officio as a specified member of the State
23 Apprenticeship Advisory Council; requiring the
24 Governor to fill specified vacancies on the council;
25 authorizing a designee of the council’s chair to call
26 a meeting of the council; making technical changes;
27 amending s. 446.051, F.S.; providing that certain
28 program sponsors are responsible for specified duties;
29 encouraging district school boards and postsecondary
30 education institutions to cooperate with and assist in
31 providing registered program sponsors with certain
32 items; making technical changes; amending s. 446.052,
33 F.S.; deleting a requirement that the department
34 administer certain provisions in cooperation with
35 specified entities; encouraging district school
36 boards, postsecondary education institutions, and
37 registered program sponsors to cooperate in developing
38 and establishing specified programs; encouraging the
39 department, district school boards, and postsecondary
40 education institutions to work together with specified
41 apprenticeship programs in order that individuals
42 completing the programs may be able to receive certain
43 credit; encouraging postsecondary education
44 institutions to work together with certain associate,
45 career, or degree programs to ensure specified
46 individuals may be able to receive certain credit;
47 making a technical change; amending s. 446.071, F.S.;
48 requiring the department to approve certain
49 apprenticeship sponsors; deleting the definition of
50 the term “need”; expanding the kinds of organizations
51 which may be apprenticeship sponsors; making a
52 technical change; amending s. 446.081, F.S.; providing
53 for the inviolability of executive orders; repealing
54 s. 446.091, F.S., relating to on-the-job training
55 programs; amending s. 446.092, F.S.; revising the
56 characteristics apprenticeable occupations must
57 possess; amending s. 1003.01, F.S.; defining the term
58 “work-based learning”; amending s. 1003.491, F.S.;
59 authorizing the department to adopt rules; amending s.
60 1004.02, F.S.; defining the term “cooperative method
61 of instruction”; amending s. 1007.23, F.S.; requiring
62 the statewide articulation agreement to establish
63 three mathematics pathways for students by aligning
64 mathematics courses to programs, meta-majors, and
65 careers; requiring a representative committee composed
66 of certain entities to collaborate to identify such
67 pathways and the mathematics course sequence within
68 each pathway which align to the mathematics skills
69 needed for success; amending s. 1007.263, F.S.;
70 requiring admissions counseling to use certain tests
71 to measure achievement of college-level communication
72 and computation by students entering college programs;
73 requiring that such counseling measure achievement of
74 certain basic skills; revising requirements for
75 admission to associate degree programs; amending s.
76 1007.271, F.S.; revising eligibility requirements for
77 initial enrollment in college-level dual enrollment
78 courses; revising requirements for home education
79 students seeking dual enrollment in certain
80 postsecondary institutions; amending s. 1008.30, F.S.;
81 requiring the State Board of Education to adopt, by a
82 specified date, rules establishing alternative methods
83 for assessing specified skills of certain students;
84 authorizing Florida College System institutions to use
85 such alternative methods in lieu of the common
86 placement test to assess a student’s readiness to
87 perform college-level work in computation and
88 communication; deleting obsolete provisions; requiring
89 Florida College System institutions to use placement
90 test results or alternative methods to determine the
91 extent to which certain students demonstrate specific
92 skills to indicate readiness for their meta-major;
93 requiring Florida College System institutions to
94 counsel and place certain students in specified
95 college courses; providing that students’
96 developmental education must include only that content
97 needed for success in their meta-major; conforming
98 provisions to changes made by the act; making
99 technical changes; amending s. 1008.44, F.S.;
100 requiring the Commissioner of Education to identify
101 certain certifications as those leading to occupations
102 in specified industry sectors; requiring the
103 commissioner to identify such certifications on a
104 specified list; authorizing the commissioner to limit
105 certain certifications for the purpose of specified
106 calculations; amending s. 1009.25, F.S.; authorizing
107 technical centers, Florida College System
108 institutions, and state universities to enter into
109 specified agreements; authorizing the State Board of
110 Education to adopt specified rules and the Board of
111 Governors to adopt specified regulations; amending s.
112 1011.62, F.S.; providing for calculation of full-time
113 equivalent (FTE) membership for a specified industry
114 certification; deleting a limit on additional FTE
115 membership for certain students; providing for
116 supplemental FTE membership for specified
117 certifications; authorizing districts to use certain
118 funds for specified expenses and programs; prohibiting
119 certain funds from supplanting specified costs;
120 requiring certain bonuses to be calculated in a
121 specified manner; amending s. 1011.80, F.S.; providing
122 for an appropriation to a school district or Florida
123 College System institution from the General
124 Appropriations Act for certain industry
125 certifications; requiring a district school board or
126 Florida College System institution board of trustees
127 that receives certain funding to use the funding in a
128 specified manner; amending s. 1011.81, F.S.; providing
129 for an appropriation to each Florida College System
130 institution from the General Appropriations Act for
131 certain industry certifications; providing an
132 effective date.
133
134 Be It Enacted by the Legislature of the State of Florida:
135
136 Section 1. Section 446.011, Florida Statutes, is amended to
137 read:
138 446.011 Legislative intent regarding apprenticeship
139 training.—
140 (1) It is the intent of the State of Florida to provide
141 educational opportunities for its residents so that they can be
142 trained for trades, occupations, and professions suited to their
143 abilities. It is the intent of this act to promote the mode of
144 training known as apprenticeship in occupations throughout
145 industry in the state that require physical manipulative skills.
146 By broadening The Legislature further intends to broaden job
147 training opportunities by and providing for increased
148 coordination between secondary and postsecondary education
149 institutions and businesses and industries participating in
150 registered apprenticeship programs so that public school
151 academic programs, career programs, and registered
152 apprenticeship programs, the residents of this state will
153 benefit from an additional avenue to a postsecondary credential
154 or degree when on-the-job training is combined with related
155 technical and theoretical instruction provided by a school
156 district or any accredited postsecondary education institution.
157 Therefore, this act encourages apprenticeship programs to lead
158 to a postsecondary credential. Moreover, the valuable training
159 opportunities developed when on-the-job training is combined
160 with academic-related classroom experiences. this act is
161 intended to develop the apparent potentials in apprenticeship
162 training by assisting in the establishment of preapprenticeship
163 programs in the public school system and elsewhere and by
164 expanding presently registered programs as well as promoting new
165 registered programs in jobs that lend themselves to
166 apprenticeship training.
167 (2) It is the intent of the Legislature that the Department
168 of Education have responsibility for the development of the
169 registered apprenticeship and registered preapprenticeship
170 uniform minimum standards for the apprenticeable occupations
171 trades and that the department have responsibility for assisting
172 eligible program sponsors pursuant to s. 446.071 district school
173 boards and Florida College System institution boards of trustees
174 in developing preapprenticeship programs.
175 (3) It is the further intent of ss. 446.011-446.092 that
176 the department ensure quality training through the adoption and
177 enforcement of uniform minimum standards and that the department
178 promote, register, monitor, and service apprenticeship and
179 preapprenticeship training programs and ensure that the programs
180 adhere to the standards.
181 (4) It is the intent of the Legislature that this act not
182 require the use of apprentices or preapprentices on construction
183 projects financed by the state or any county, municipality, town
184 or township, public authority, special district, municipal
185 service taxing unit, or other agency of state or local
186 government. Notwithstanding this intent, whenever any government
187 or agency of government employs, of its own choice, apprentices
188 or preapprentices or employs contractors who employ apprentices
189 or preapprentices, the behavior of the government and the
190 contractors employed by the government shall be governed by the
191 provisions of this act.
192 Section 2. Section 446.021, Florida Statutes, is amended to
193 read:
194 (Substantial rewording of section. See
195 s. 446.021, F.S., for present text.)
196 446.021 Definitions of terms used in ss. 446.011-446.092.
197 As used in ss. 446.011-446.092, the term:
198 (1) “Apprentice” means a person at least 16 years of age
199 who has entered into an apprenticeship agreement with a
200 registered apprenticeship program sponsor, is engaged in
201 learning an apprenticeable occupation through actual work
202 experience under the supervision of journeyworkers, and is
203 enrolled in the apprenticeship program, thereby receiving an
204 organized and systematic form of instruction designed to provide
205 theoretical and technical knowledge related to the occupation.
206 (2) “Apprenticeship program” means a program that is
207 registered with the department on the basis of a plan submitted
208 to the department which contains the terms and conditions for
209 the qualification, recruitment, selection, employment, and
210 training of apprentices, including requirements for a written
211 apprenticeship agreement.
212 (3) “Cancellation” means the termination or deregistration
213 of an apprenticeship program at the request of the program
214 sponsor, or the termination of an apprenticeship agreement at
215 the request of the apprentice.
216 (4) “Department” means the Department of Education.
217 (5) “Journeyworker” means a person working in an
218 apprenticeable occupation who has successfully completed a
219 registered apprenticeship program or who has worked the number
220 of years required by established industry practices for the
221 particular trade or occupation.
222 (6) “On-the-job training” means a structured system of work
223 processes, under the supervision of a journeyworker, which
224 provides the experience and knowledge necessary to meet the
225 training objective of learning a specific skill, trade, or
226 occupation.
227 (7) “Preapprentice” means a person at least 16 years of age
228 who enters into a preapprenticeship agreement with a
229 preapprenticeship program sponsor approved by the department and
230 who is engaged in learning an apprenticeable occupation in any
231 course of instruction in the public school system or elsewhere.
232 (8) “Preapprenticeship program” means a program sponsored
233 by an apprenticeship program in the same occupation which is
234 registered with the department on the basis of a plan submitted
235 to the department which contains the terms and conditions of
236 instruction in the public school system or elsewhere and is
237 designed to prepare a registered preapprentice to become an
238 apprentice in an apprenticeship program.
239 (9) “Related instruction” means an organized and systematic
240 form of instruction designed to provide an apprentice or a
241 preapprentice with the knowledge of theoretical subjects related
242 to a specific trade or occupation.
243 (10) “Uniform minimum standards” means the minimum
244 requirements established for each occupation under which an
245 apprenticeship or preapprenticeship program is administered. The
246 term includes standards of admission, training goals, training
247 objectives, curriculum outlines, objective standards to measure
248 successful completion of the apprenticeship or preapprenticeship
249 program, and the percentage of credit which may be given to an
250 apprentice or preapprentice.
251 Section 3. Subsection (1), paragraphs (b), (d), and (e) of
252 subsection (2), and subsection (3) of section 446.032, Florida
253 Statutes, are amended to read:
254 446.032 General duties of the department for apprenticeship
255 training.—The department shall:
256 (1) Establish uniform minimum standards and policies
257 governing apprenticeship apprentice programs and agreements. The
258 standards and policies shall govern the terms and conditions of
259 the apprentice’s employment and training, including the quality
260 training of the apprentice for, but not limited to, such matters
261 as ratios of apprentices to journeyworkers, safety, related
262 technical instruction, and on-the-job training; but these
263 standards and policies may not include rules, standards, or
264 guidelines that require the use of apprentices and job trainees
265 on state, county, or municipal contracts. Uniform minimum
266 requirements must be uniform across all occupations The
267 department may adopt rules necessary to administer the standards
268 and policies.
269 (2) By September 1 of each year, publish an annual report
270 on apprenticeship and preapprenticeship programs. The report
271 must be published on the department’s website and, at a minimum,
272 include all of the following:
273 (b) A detailed summary of each local educational agency’s
274 expenditure of funds for apprenticeship and preapprenticeship
275 programs, including:
276 1. The total amount of funds received for apprenticeship
277 and preapprenticeship programs;
278 2. The total amount of funds allocated to each
279 apprenticeable trade or occupation;
280 3. The total amount of funds expended for administrative
281 costs per apprenticeable trade or occupation; and
282 4. The total amount of funds expended for instructional
283 costs per apprenticeable trade and occupation.
284 (d) The percentage of apprentices and preapprentices who
285 complete their respective programs in the appropriate timeframe.
286 (e) Information and resources related to applications for
287 new apprenticeship programs and preapprenticeship programs and
288 technical assistance and requirements for potential
289 apprenticeship programs and preapprenticeship programs
290 applicants.
291 (3) Provide assistance to district school boards,
292 postsecondary education institutions, Florida College System
293 institution boards of trustees, eligible program sponsors
294 pursuant to s. 446.071, and local workforce development boards
295 in notifying students, parents, and members of the community of
296 the availability of apprenticeship and preapprenticeship
297 opportunities, including data provided in the economic security
298 report pursuant to s. 445.07.
299 Section 4. Subsections (2) through (8) and (10) through
300 (13) of section 446.041, Florida Statutes, are amended to read:
301 446.041 Apprenticeship program, duties of the department.
302 The department shall:
303 (2) Review and evaluate Administer the uniform minimum
304 standards established by the department for registered
305 apprenticeship and preapprenticeship programs.
306 (3) Register, in accordance with this chapter, any
307 apprenticeship or preapprenticeship program that, regardless of
308 affiliation, which meets the uniform minimum standards
309 established by the department.
310 (4) Investigate complaints concerning the failure of any
311 registered program to meet the uniform minimum standards
312 established by the department.
313 (5) Cancel the registration of any program that fails to
314 comply with the uniform minimum standards and policies of the
315 department or that unreasonably fails or refuses to cooperate
316 with the department in monitoring and enforcing compliance with
317 the uniform minimum standards.
318 (6) Encourage potential sponsors to develop and encourage
319 apprenticeship and preapprenticeship programs.
320 (7) Lead and coordinate outreach efforts to educate
321 veterans about apprenticeship programs and career opportunities.
322 (8) Cooperate with and assist local apprenticeship sponsors
323 in the development of their apprenticeship uniform minimum
324 standards and their training requirements.
325 (10) Monitor registered apprenticeship programs to ensure
326 that they are being operated in compliance with all applicable
327 uniform minimum standards.
328 (11) Supervise all apprenticeship programs that are
329 registered with the department.
330 (12) Ensure that equal opportunity for apprentices,
331 preapprentices, and applicants for apprenticeship and
332 preapprenticeship is provided for the apprenticeship and
333 preapprenticeship programs and that minority and gender
334 diversity is are considered in administering this program.
335 (12)(13) Adopt rules required to administer ss. 446.011
336 446.092.
337 Section 5. Paragraphs (a), (b), and (c) of subsection (2)
338 of section 446.045, Florida Statutes, are amended to read:
339 446.045 State Apprenticeship Advisory Council.—
340 (2)(a) There is created a State Apprenticeship Advisory
341 Council to be composed of 10 voting members appointed by the
342 Governor and two ex officio nonvoting members. The purpose of
343 the advisory council is to advise the department on matters
344 relating to apprenticeship and preapprenticeship. The advisory
345 council may not establish policy, adopt rules, or consider
346 whether particular apprenticeship or preapprenticeship programs
347 should be approved by the department.
348 (b) The Commissioner of Education or the commissioner’s
349 designee shall serve ex officio as chair of the State
350 Apprenticeship Advisory Council, but may not vote. A
351 representative The state director of the Office of
352 Apprenticeship of the United States Department of Labor must
353 shall serve ex officio as a nonvoting member of the council. The
354 Governor shall appoint to the council four members representing
355 employee organizations and four members representing employer
356 organizations. Each of these eight members shall represent
357 industries that have registered apprenticeship programs. The
358 Governor shall also appoint two public members who are
359 knowledgeable about registered apprenticeship and apprenticeable
360 occupations and who are independent of any joint or nonjoint
361 organization. Members shall be appointed for 4-year staggered
362 terms. The Governor A vacancy shall fill any vacancy be filled
363 for the remainder of the unexpired term.
364 (c) The council shall meet at the call of the chair or the
365 chair’s designee or at the request of a majority of its voting
366 membership, but at least twice a year. A majority of the voting
367 members shall constitute a quorum, and the affirmative vote of a
368 majority of a quorum is necessary to take action.
369 Section 6. Section 446.051, Florida Statutes, is amended to
370 read:
371 446.051 Related instruction for apprentices.—
372 (1) The administration and supervision of related and
373 supplemental instruction for apprentices, the coordination of
374 such instruction with job experiences, and the selection and
375 training of teachers, instructors, and coordinators for such
376 instruction, all as approved by the department registered
377 program sponsor, are shall be the responsibility of the
378 apprenticeship and preapprenticeship program sponsors
379 appropriate career education institution.
380 (2) District school boards and postsecondary education
381 institutions are The appropriate career education institution
382 shall be encouraged to cooperate with and assist in providing to
383 any registered program sponsor facilities, equipment and
384 supplies, and instructors’ salaries for the performance of
385 related and supplemental instruction associated with the
386 apprenticeship or preapprenticeship registered program.
387 Section 7. Subsections (1), (2), and (3) of section
388 446.052, Florida Statutes, are amended to read:
389 446.052 Preapprenticeship program.—
390 (1) There is created and established a preapprenticeship
391 education program, as defined in s. 446.021.
392 (2) The department, under regulations established by the
393 State Board of Education, may administer the provisions of ss.
394 446.011-446.092 which relate to preapprenticeship programs in
395 cooperation with district school boards and Florida College
396 System institution boards of trustees. District school boards,
397 postsecondary education institutions Florida College System
398 institution boards of trustees, and registered program sponsors
399 are encouraged to shall cooperate in developing and establishing
400 programs that include career instruction and general education
401 courses required to obtain a high school diploma.
402 (3) The department, the district school boards, and the
403 postsecondary education institutions are encouraged to Florida
404 College System institution boards of trustees shall work
405 together with existing registered apprenticeship programs in
406 order that individuals completing the preapprenticeship programs
407 may be able to receive credit toward towards completing a
408 registered apprenticeship program. In addition, postsecondary
409 education institutions are encouraged to work together with
410 existing associate of science programs, associate of applied
411 science programs, career certification programs, or degree
412 programs to ensure that individuals completing a registered
413 apprenticeship program may be able to receive college credit
414 toward a technical degree.
415 Section 8. Section 446.071, Florida Statutes, is amended to
416 read:
417 446.071 Apprenticeship sponsors.—
418 (1) One or more local apprenticeship sponsors must shall be
419 approved in any apprenticeable occupation trade or multiple
420 apprenticeable occupations group of trades by the department,
421 upon a determination of need, if the apprenticeship sponsor
422 meets all of the uniform minimum standards established by the
423 department. The term “need” refers to the need of state
424 residents for apprenticeship training. In the absence of proof
425 to the contrary, it shall be presumed that there is need for
426 apprenticeship and preapprenticeship training in each county in
427 this state.
428 (2) An A local apprenticeship sponsor may be a committee, a
429 group of employers, an employer, or a group of employees, an
430 educational institution, a local workforce board, a community or
431 faith-based organization, an association, or any entity
432 preapproved by the department as being in accordance with this
433 chapter combination thereof.
434 (3) The department may grant a variance from the uniform
435 minimum standards upon a showing of good cause for the variance
436 by program sponsors in nonconstruction trades. The purpose of
437 this subsection is to recognize the unique and varying training
438 requirements in nontraditional apprenticeable occupations and to
439 authorize the department to adapt the standards to the needs of
440 the programs.
441 Section 9. Subsection (4) of section 446.081, Florida
442 Statutes, is amended to read:
443 446.081 Limitation.—
444 (4) Nothing in ss. 446.011-446.092 or in any rules adopted
445 or contained in any approved apprentice agreement under such
446 sections invalidates any special provision for veterans,
447 minority persons, or women in the standards, qualifications, or
448 operation of the apprenticeship program which is not otherwise
449 prohibited by any applicable general law, executive order, rule,
450 or regulation.
451 Section 10. Section 446.091, Florida Statutes, is repealed.
452 Section 11. Section 446.092, Florida Statutes, is amended
453 to read:
454 446.092 Criteria for apprenticeship occupations.—At a
455 minimum, an apprenticeable occupation must possess is a skilled
456 trade which possesses all of the following characteristics:
457 (1) It is customarily learned in a practical way through a
458 structured, systematic program of on-the-job, supervised
459 training.
460 (2) It is clearly identified and commonly recognized
461 throughout an industry.
462 (3) It involves manual, mechanical, or technical skills and
463 knowledge which, in accordance with the industry standards for
464 the occupation, requires would require a minimum of 2,000 hours
465 of on-the-job training, which hours are excluded from the time
466 spent at related technical or supplementary instruction.
467 (4) It requires related technical instruction to supplement
468 on-the-job training. Such instruction may be given in a
469 classroom, through occupational or industrial courses or
470 correspondence courses of equivalent value, through electronic
471 media, or through other forms of self-study approved by the
472 department.
473 Section 12. Subsection (17) is added to section 1003.01,
474 Florida Statutes, to read:
475 1003.01 Definitions.—As used in this chapter, the term:
476 (17) “Work-based learning” means sustained interactions
477 with industry or community professionals in workplace settings,
478 to the extent practicable, or simulated environments that foster
479 in-depth, firsthand engagement with the tasks required in a
480 given career field, that are aligned with curriculum and
481 instruction, and that are provided in partnership with an
482 educational institution. Work-based learning may be paid or
483 unpaid and may be delivered in a stand-alone, work-based
484 learning course that results in high school credit, or may be a
485 component of an existing course which may use the cooperative
486 method of instruction, as defined in s. 1004.02(27).
487 Section 13. Subsection (6) is added to section 1003.491,
488 Florida Statutes, to read:
489 1003.491 Florida Career and Professional Education Act.—The
490 Florida Career and Professional Education Act is created to
491 provide a statewide planning partnership between the business
492 and education communities in order to attract, expand, and
493 retain targeted, high-value industry and to sustain a strong,
494 knowledge-based economy.
495 (6) The Department of Education may adopt rules to
496 administer this section.
497 Section 14. Subsection (27) is added to section 1004.02,
498 Florida Statutes, to read:
499 1004.02 Definitions.—As used in this chapter:
500 (27) “Cooperative method of instruction” means an
501 instructional methodology that provides students enrolled in
502 career education programs an opportunity to extend their
503 employment preparation beyond the classroom through
504 participation in concurrent career education instruction through
505 regularly scheduled on-the-job training experiences.
506 Section 15. Present subsections (3) through (8) of section
507 1007.23, Florida Statutes, are redesignated as subsections (4)
508 through (9), respectively, and a new subsection (3) is added to
509 that section, to read:
510 1007.23 Statewide articulation agreement.—
511 (3) To facilitate seamless transfer of credits, reduce
512 excess credit hours, and ensure students are taking the courses
513 needed for their future career, the articulation agreement must
514 establish three mathematics pathways for students by aligning
515 mathematics courses to programs, meta-majors, and careers. A
516 representative committee of State University System, career
517 centers established under s.1001.44, and Florida College System
518 faculty will collaborate to identify the three mathematics
519 pathways and the mathematics course sequence within each pathway
520 which align to the mathematics skills needed for success in the
521 corresponding academic programs and careers.
522 Section 16. Subsection (1) and paragraph (a) of subsection
523 (2) of section 1007.263, Florida Statutes, are amended to read:
524 1007.263 Florida College System institutions; admissions of
525 students.—Each Florida College System institution board of
526 trustees is authorized to adopt rules governing admissions of
527 students subject to this section and rules of the State Board of
528 Education. These rules shall include the following:
529 (1) Admissions counseling shall be provided to all students
530 entering college or career credit programs. For students who are
531 not otherwise exempt from testing under s. 1008.30, counseling
532 must use the tests or alternative methods established by the
533 State Board of Education pursuant to s. 1008.30 to measure
534 achievement of college-level communication and computation
535 competencies by students entering college credit programs or
536 tests to measure achievement of basic skills for career
537 education programs as prescribed in s. 1004.91. Counseling must
538 measure achievement of basic skills for career education
539 programs under s. 1004.91. Counseling includes providing
540 developmental education options for students whose assessment
541 results, determined under s. 1008.30, indicate that they need to
542 improve communication or computation skills that are essential
543 to perform college-level work.
544 (2) Admission to associate degree programs is subject to
545 minimum standards adopted by the State Board of Education and
546 shall require:
547 (a) A standard high school diploma;, a State of Florida
548 high school equivalency diploma awarded under s. 1003.435(2); a
549 high school equivalency diploma issued by another state which is
550 recognized as equivalent by State Board of Education rule and is
551 based on an assessment recognized by the United States
552 Department of Education; as prescribed in s. 1003.435,
553 previously demonstrated competency in college credit
554 postsecondary coursework;, or, in the case of a student who is
555 home educated, a signed affidavit submitted by the student’s
556 parent or legal guardian attesting that the student has
557 completed a home education program pursuant to the requirements
558 of s. 1002.41. Students who are enrolled in a dual enrollment or
559 early admission program pursuant to s. 1007.271 are exempt from
560 this requirement.
561
562 Each board of trustees shall establish policies that notify
563 students about developmental education options for improving
564 their communication or computation skills that are essential to
565 performing college-level work, including tutoring, extended time
566 in gateway courses, free online courses, adult basic education,
567 adult secondary education, or private provider instruction.
568 Section 17. Subsection (3) and paragraph (b) of subsection
569 (13) of section 1007.271, Florida Statutes, are amended to read:
570 1007.271 Dual enrollment programs.—
571 (3) Student eligibility requirements for initial enrollment
572 in college credit dual enrollment courses must include a 3.0
573 unweighted high school grade point average and a demonstrated
574 level of achievement of college-level communication and
575 computation skills as provided under s. 1008.30(1) or (2) the
576 minimum score on a common placement test adopted by the State
577 Board of Education which indicates that the student is ready for
578 college-level coursework. Student eligibility requirements for
579 continued enrollment in college credit dual enrollment courses
580 must include the maintenance of a 3.0 unweighted high school
581 grade point average and the minimum postsecondary grade point
582 average established by the postsecondary institution. Regardless
583 of meeting student eligibility requirements for continued
584 enrollment, a student may lose the opportunity to participate in
585 a dual enrollment course if the student is disruptive to the
586 learning process such that the progress of other students or the
587 efficient administration of the course is hindered. Student
588 eligibility requirements for initial and continued enrollment in
589 career certificate dual enrollment courses must include a 2.0
590 unweighted high school grade point average. Exceptions to the
591 required grade point averages may be granted on an individual
592 student basis if the educational entities agree and the terms of
593 the agreement are contained within the dual enrollment
594 articulation agreement established pursuant to subsection (21).
595 Florida College System institution boards of trustees may
596 establish additional initial student eligibility requirements,
597 which shall be included in the dual enrollment articulation
598 agreement, to ensure student readiness for postsecondary
599 instruction. Additional requirements included in the agreement
600 may not arbitrarily prohibit students who have demonstrated the
601 ability to master advanced courses from participating in dual
602 enrollment courses or limit the number of dual enrollment
603 courses in which a student may enroll based solely upon
604 enrollment by the student at an independent postsecondary
605 institution.
606 (13)
607 (b) Each public postsecondary institution eligible to
608 participate in the dual enrollment program pursuant to s.
609 1011.62(1)(i) must enter into a home education articulation
610 agreement with each home education student seeking enrollment in
611 a dual enrollment course and the student’s parent. By August 1
612 of each year, the eligible postsecondary institution shall
613 complete and submit the home education articulation agreement to
614 the Department of Education. The home education articulation
615 agreement must include, at a minimum:
616 1. A delineation of courses and programs available to
617 dually enrolled home education students. Courses and programs
618 may be added, revised, or deleted at any time by the
619 postsecondary institution. Any course or program limitations may
620 not exceed the limitations for other dually enrolled students.
621 2. The initial and continued eligibility requirements for
622 home education student participation, not to exceed those
623 required of other dually enrolled students. A high school grade
624 point average may not be required for home education students
625 who demonstrate achievement of college-level communication and
626 computation skills as provided under s. 1008.30(1) or (2) meet
627 the minimum score on a common placement test adopted by the
628 State Board of Education which indicates that the student is
629 ready for college-level coursework; however, home education
630 student eligibility requirements for continued enrollment in
631 dual enrollment courses must include the maintenance of the
632 minimum postsecondary grade point average established by the
633 postsecondary institution.
634 3. The student’s responsibilities for providing his or her
635 own transportation.
636 4. A copy of the statement on transfer guarantees developed
637 by the Department of Education under subsection (15).
638 Section 18. Section 1008.30, Florida Statutes, is amended
639 to read:
640 1008.30 Demonstrating college-level computation and
641 communication skills Common placement testing for public
642 postsecondary education.—
643 (1) The State Board of Education, in conjunction with the
644 Board of Governors, shall develop and implement a common
645 placement test for the purpose of assessing the basic
646 computation and communication skills of students who intend to
647 enter a degree program at any public postsecondary educational
648 institution. Alternative assessments that may be accepted in
649 lieu of the common placement test shall also be identified in
650 rule. Public postsecondary educational institutions shall
651 provide appropriate modifications of the test instruments or
652 test procedures for students with disabilities.
653 (2) By January 31, 2022, the State Board of Education shall
654 adopt rules to develop and implement alternative methods for
655 assessing the basic computation and communication skills of
656 students who intend to enter a degree program at a Florida
657 College System institution. Florida College System institutions
658 may use these alternative methods in lieu of common placement
659 tests as defined in subsection (1) to assess student readiness
660 for college-level work in computation and communication The
661 common placement testing program shall include the capacity to
662 diagnose basic competencies in the areas of English, reading,
663 and mathematics which are essential for success in meta-majors
664 and to provide test information to students on the specific
665 skills the student needs to attain.
666 (3) By October 31, 2013, the State Board of Education shall
667 establish by rule the test scores a student must achieve to
668 demonstrate readiness to perform college-level work, and The
669 rules required by subsection (2) must specify the following:
670 (a) A student who entered 9th grade in a Florida public
671 school in the 2003-2004 school year, or any year thereafter, and
672 earned a Florida standard high school diploma or a student who
673 is serving as an active duty member of any branch of the United
674 States Armed Services shall not be required to be assessed for
675 readiness for college-level work in computation and
676 communication take the common placement test and shall not be
677 required to enroll in developmental education instruction in a
678 Florida College System institution. However, a student who is
679 not required to be assessed for readiness for college-level work
680 in computation and communication take the common placement test
681 and is not required to enroll in developmental education under
682 this paragraph may opt to be assessed and to enroll in
683 developmental education instruction, and the college shall
684 provide such assessment and instruction upon the student’s
685 request.
686 (b) A student who is assessed for readiness for college
687 level computation and communication and whose assessment results
688 indicate takes the common placement test and whose score on the
689 test indicates a need for developmental education must be
690 advised of all the developmental education options offered at
691 the institution and, after advisement, shall be allowed to
692 enroll in the developmental education option of his or her
693 choice.
694 (c) A student who demonstrates readiness by achieving or
695 exceeding the test scores established by the state board and
696 enrolls in a Florida College System institution within 2 years
697 after achieving such scores shall not be required to retest or
698 complete developmental education when admitted to any Florida
699 College System institution.
700 (4) By December 31, 2013, the State Board of Education, in
701 consultation with the Board of Governors, shall approve a series
702 of meta-majors and the academic pathways that identify the
703 gateway courses associated with each meta-major. Florida College
704 System institutions shall use placement test results to
705 determine the extent to which each student demonstrates
706 sufficient communication and computation skills to indicate
707 readiness for his or her chosen meta-major. Florida College
708 System institutions shall counsel students into college credit
709 courses as quickly as possible, with developmental education
710 limited to that content needed for success in the meta-major.
711 (5)(a) Each Florida College System institution board of
712 trustees shall develop a plan to implement the developmental
713 education strategies defined in s. 1008.02 and rules established
714 by the State Board of Education. The plan must be submitted to
715 the Chancellor of the Florida College System for approval no
716 later than March 1, 2014, for implementation no later than the
717 fall semester 2014. Each plan must include, at a minimum, local
718 policies that outline:
719 1. Documented student achievements such as grade point
720 averages, work history, military experience, participation in
721 juried competitions, career interests, degree major declaration,
722 or any combination of such achievements that the institution may
723 consider, in addition to common placement test scores, for
724 advising students regarding enrollment options.
725 2. Developmental education strategies available to
726 students.
727 3. A description of student costs and financial aid
728 opportunities associated with each option.
729 4. Provisions for the collection of student success data.
730 5. A comprehensive plan for advising students into
731 appropriate developmental education strategies based on student
732 success data.
733 (b) Beginning October 31, 2015, Each Florida College System
734 institution shall use placement test results or alternative
735 methods as established by the State Board of Education to
736 determine the extent to which each student demonstrates
737 sufficient computation and communication skills to indicate
738 readiness for his or her chosen meta-major. Florida College
739 System institutions shall counsel students into college credit
740 courses as quickly as possible, with developmental education
741 limited to that content needed for success in the meta-major
742 annually prepare an accountability report that includes student
743 success data relating to each developmental education strategy
744 implemented by the institution. The report shall be submitted to
745 the Division of Florida Colleges by October 31 in a format
746 determined by the Chancellor of the Florida College System. By
747 December 31, the chancellor shall compile and submit the
748 institutional reports to the Governor, the President of the
749 Senate, the Speaker of the House of Representatives, and the
750 State Board of Education.
751 (c) A university board of trustees may contract with a
752 Florida College System institution board of trustees for the
753 Florida College System institution to provide developmental
754 education on the state university campus. Any state university
755 in which the percentage of incoming students requiring
756 developmental education equals or exceeds the average percentage
757 of such students for the Florida College System may offer
758 developmental education without contracting with a Florida
759 College System institution; however, any state university
760 offering college-preparatory instruction as of January 1, 1996,
761 may continue to provide developmental education instruction as
762 defined in s. 1008.02(1).
763 (5)(6) A student may not be enrolled in a college credit
764 mathematics or English course on a dual enrollment basis unless
765 the student has demonstrated adequate precollegiate preparation
766 in on the section of the basic computation and communication
767 skills assessment required pursuant to subsection (1) that is
768 appropriate for successful student participation in the course.
769 Section 19. Paragraph (a) of subsection (1) and paragraph
770 (b) of subsection (4) of section 1008.44, Florida Statutes, are
771 amended, and paragraph (f) is added to subsection (1) of that
772 section, to read:
773 1008.44 CAPE Industry Certification Funding List and CAPE
774 Postsecondary Industry Certification Funding List.—
775 (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
776 of Education shall, at least annually, identify, under rules
777 adopted by the State Board of Education, and the Commissioner of
778 Education may at any time recommend adding the following
779 certificates, certifications, and courses:
780 (a) CAPE industry certifications identified on the CAPE
781 Industry Certification Funding List that must be applied in the
782 distribution of funding to school districts pursuant to s.
783 1011.62(1)(o). The CAPE Industry Certification Funding List
784 shall incorporate by reference the industry certifications on
785 the career pathways list approved for the Florida Gold Seal CAPE
786 Vocational Scholars award. In addition, by August 1 of each
787 year, the not-for-profit corporation established pursuant to s.
788 445.004 may annually select one industry certification, that
789 does not articulate for college credit, for inclusion on the
790 CAPE Industry Certification Funding List for a period of 3 years
791 unless otherwise approved by the curriculum review committee
792 pursuant to s. 1003.491. Such industry certifications, if earned
793 by a student, shall be eligible for additional full-time
794 equivalent membership, pursuant to s. 1011.62(1)(o)1.
795 (f) The Commissioner of Education shall identify industry
796 certifications as those leading to occupations in critical
797 industry sectors which, if earned by a student, are eligible for
798 additional full-time equivalent student membership pursuant to
799 s. 1011.62(1)(o)1.e. The commissioner shall identify such
800 certifications on the CAPE Industry Certification Funding List.
801 (4)
802 (b) For the purpose of calculating additional full-time
803 equivalent membership pursuant to s. 1011.62(1)(o)1.e., the
804 Commissioner of Education may limit CAPE industry certifications
805 and CAPE Digital Tool certificates to students in certain grades
806 based on formal recommendations by providers of CAPE industry
807 certifications and CAPE Digital Tool certificates.
808 Section 20. Paragraphs (b) and (f) of subsection (1) of
809 section 1009.25, Florida Statutes, are amended to read:
810 1009.25 Fee exemptions.—
811 (1) The following students are exempt from the payment of
812 tuition and fees, including lab fees, at a school district that
813 provides workforce education programs, Florida College System
814 institution, or state university:
815 (b) A student enrolled in an approved apprenticeship
816 program, as defined in s. 446.021. A technical center operated
817 by a school district, a Florida College System institution, or a
818 state university may enter into an agreement with another entity
819 to cover the approved apprenticeship program student tuition and
820 fees, including lab fees.
821 (f) A student who lacks a fixed, regular, and adequate
822 nighttime residence or whose primary nighttime residence is a
823 public or private shelter designed to provide temporary
824 residence, a public or private transitional living program, or a
825 public or private place not designed for, or ordinarily used as,
826 a regular sleeping accommodation for human beings. This includes
827 a student who would otherwise meet the requirements of this
828 paragraph, as determined by a college or university, but for his
829 or her residence in college or university dormitory housing. The
830 State Board of Education may adopt rules and the Board of
831 Governors may adopt regulations regarding documentation and
832 procedures to implement this paragraph.
833 Section 21. Paragraph (o) of subsection (1) of section
834 1011.62, Florida Statutes, is amended to read:
835 1011.62 Funds for operation of schools.—If the annual
836 allocation from the Florida Education Finance Program to each
837 district for operation of schools is not determined in the
838 annual appropriations act or the substantive bill implementing
839 the annual appropriations act, it shall be determined as
840 follows:
841 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
842 OPERATION.—The following procedure shall be followed in
843 determining the annual allocation to each district for
844 operation:
845 (o) Calculation of additional full-time equivalent
846 membership based on successful completion of a career-themed
847 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
848 courses with embedded CAPE industry certifications or CAPE
849 Digital Tool certificates, and issuance of industry
850 certification identified on the CAPE Industry Certification
851 Funding List pursuant to rules adopted by the State Board of
852 Education or CAPE Digital Tool certificates pursuant to s.
853 1003.4203.—
854 1.a. A value of 0.025 full-time equivalent student
855 membership shall be calculated for CAPE Digital Tool
856 certificates earned by students in elementary and middle school
857 grades.
858 b. A value of 0.1 or 0.2 full-time equivalent student
859 membership shall be calculated for each student who completes a
860 course as defined in s. 1003.493(1)(b) or courses with embedded
861 CAPE industry certifications and who is issued an industry
862 certification identified annually on the CAPE Industry
863 Certification Funding List approved under rules adopted by the
864 State Board of Education. For a CAPE industry certification that
865 has a statewide articulation agreement of 4 to 14 college
866 credits, a value of 0.2 full-time equivalent membership shall be
867 calculated. For a CAPE industry certification that has a
868 statewide articulation agreement of 1 to 3 college credits and
869 is deemed by the department to be of sufficient rigor and to be
870 linked to a high-skill occupation, a value of 0.2 full-time
871 equivalent membership shall be calculated. For all other CAPE
872 industry certifications, a value of 0.1 full-time equivalent
873 membership shall be calculated A value of 0.2 full-time
874 equivalent membership shall be calculated for each student who
875 is issued a CAPE industry certification that has a statewide
876 articulation agreement for college credit approved by the State
877 Board of Education. For CAPE industry certifications that do not
878 articulate for college credit, the Department of Education shall
879 assign a full-time equivalent value of 0.1 for each
880 certification. Middle grades students who earn additional FTE
881 membership for a CAPE Digital Tool certificate pursuant to sub
882 subparagraph a. may not use the previously funded examination to
883 satisfy the requirements for earning an industry certification
884 under this sub-subparagraph. Additional FTE membership for an
885 elementary or middle grades student may not exceed 0.1 for
886 certificates or certifications earned within the same fiscal
887 year. The State Board of Education shall include the assigned
888 values on the CAPE Industry Certification Funding List under
889 rules adopted by the state board. Such value shall be added to
890 the total full-time equivalent student membership for grades 6
891 through 12 in the subsequent year. CAPE industry certifications
892 earned through dual enrollment must be reported and funded
893 pursuant to s. 1011.80. However, if a student earns a
894 certification through a dual enrollment course and the
895 certification is not a fundable certification on the
896 postsecondary certification funding list, or the dual enrollment
897 certification is earned as a result of an agreement between a
898 school district and a nonpublic postsecondary institution, the
899 bonus value shall be funded in the same manner as other nondual
900 enrollment course industry certifications. In such cases, the
901 school district may provide for an agreement between the high
902 school and the technical center, or the school district and the
903 postsecondary institution may enter into an agreement for
904 equitable distribution of the bonus funds.
905 c. A value of 0.3 full-time equivalent student membership
906 shall be calculated for student completion of the courses and
907 the embedded certifications identified on the CAPE Industry
908 Certification Funding List and approved by the commissioner
909 pursuant to ss. 1003.4203(5)(a) and 1008.44.
910 d. A value of 0.5 full-time equivalent student membership
911 shall be calculated for CAPE Acceleration Industry
912 Certifications that articulate for 15 to 29 college credit
913 hours, and 1.0 full-time equivalent student membership shall be
914 calculated for CAPE Acceleration Industry Certifications that
915 articulate for 30 or more college credit hours pursuant to CAPE
916 Acceleration Industry Certifications approved by the
917 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
918 e. In addition to the full-time equivalent student
919 membership calculated under paragraphs (a)-(d), a supplemental
920 value of 0.2 full-time equivalent student membership shall be
921 calculated for industry certifications identified on the CAPE
922 Industry Certification Funding List as leading to employment in
923 occupations in critical industry sectors.
924 2. Each district must allocate at least 80 percent of the
925 funds provided for CAPE industry certification, in accordance
926 with this paragraph, to the program that generated the funds.
927 The remaining 20 percent may be used for other CAPE expenses,
928 such as administrative costs, which may not exceed 5 percent of
929 the funds provided, and new industry certification programs. All
930 such funds must be used for CAPE programs. CAPE funding This
931 allocation may not be used to supplant funds provided for basic
932 operation of the program, such as teacher salaries and other
933 costs that are funded with non-CAPE funds for other courses.
934 3. For CAPE industry certifications earned in the 2013-2014
935 school year and in subsequent years, the school district shall
936 distribute to each classroom teacher who provided direct
937 instruction toward the attainment of a CAPE industry
938 certification that qualified for additional full-time equivalent
939 membership under subparagraph 1.:
940 a. A bonus of $25 for each student taught by a teacher who
941 provided instruction in a course that led to the attainment of a
942 CAPE industry certification on the CAPE Industry Certification
943 Funding List with a weight of 0.1.
944 b. A bonus of $50 for each student taught by a teacher who
945 provided instruction in a course that led to the attainment of a
946 CAPE industry certification on the CAPE Industry Certification
947 Funding List with a weight of 0.2.
948 c. A bonus of $75 for each student taught by a teacher who
949 provided instruction in a course that led to the attainment of a
950 CAPE industry certification on the CAPE Industry Certification
951 Funding List with a weight of 0.3.
952 d. A bonus of $100 for each student taught by a teacher who
953 provided instruction in a course that led to the attainment of a
954 CAPE industry certification on the CAPE Industry Certification
955 Funding List with a weight of 0.5 or 1.0.
956
957 Bonuses awarded pursuant to this paragraph must shall be
958 provided to teachers who are employed by the district in the
959 year in which the additional FTE membership calculation is
960 included in the calculation. Bonuses shall be calculated based
961 upon the associated weight of a CAPE industry certification on
962 the CAPE Industry Certification Funding List for the year in
963 which the certification is earned by the student. Any bonus
964 awarded to a teacher pursuant to this paragraph is in addition
965 to any regular wage or other bonus the teacher received or is
966 scheduled to receive. A bonus may not be awarded to a teacher
967 who fails to maintain the security of any CAPE industry
968 certification examination or who otherwise violates the security
969 or administration protocol of any assessment instrument that may
970 result in a bonus being awarded to the teacher under this
971 paragraph.
972 Section 22. Paragraph (b) of subsection (7) and paragraph
973 (a) of subsection (8) of section 1011.80, Florida Statutes, are
974 amended to read:
975 1011.80 Funds for operation of workforce education
976 programs.—
977 (7)(b) Performance funding for industry certifications for
978 school district workforce education programs is contingent upon
979 specific appropriation in the General Appropriations Act and
980 shall be determined as follows:
981 1. Occupational areas for which industry certifications may
982 be earned, as established in the General Appropriations Act, are
983 eligible for performance funding. Priority shall be given to the
984 occupational areas emphasized in state, national, or corporate
985 grants provided to Florida educational institutions.
986 2. The Chancellor of Career and Adult Education shall
987 identify the industry certifications eligible for funding on the
988 CAPE Postsecondary Industry Certification Funding List approved
989 by the State Board of Education pursuant to s. 1008.44, based on
990 the occupational areas specified in the General Appropriations
991 Act.
992 3.a. Except as provided for in sub-subparagraph b., each
993 school district shall be provided $1,000 for each industry
994 certification earned by a workforce education student. If funds
995 are insufficient to fully fund the calculated total award, such
996 funds shall be prorated.
997 b. For each industry certification earned by a workforce
998 education student which is identified as leading to employment
999 in occupations in critical industry sectors, each school
1000 district shall be provided a total of $3,000. If funds are
1001 insufficient to fully fund the calculated total award, such
1002 funds shall be prorated.
1003 (8)(a) A school district or Florida College System
1004 institution that receives workforce education funds must use the
1005 money to benefit the workforce education programs it provides.
1006 The money may be used for equipment upgrades, program
1007 expansions, or any other use that would result in workforce
1008 education program improvement. The district school board or
1009 Florida College System institution board of trustees may not
1010 withhold any portion of the performance funding for indirect
1011 costs. A district school board or Florida College System
1012 institution board of trustees that receives workforce
1013 performance funding must use at least 70 percent of the funds
1014 received to directly support the program that generated the
1015 funds.
1016 Section 23. Paragraph (c) of subsection (2) of section
1017 1011.81, Florida Statutes, is amended to read:
1018 1011.81 Florida College System Program Fund.—
1019 (2) Performance funding for industry certifications for
1020 Florida College System institutions is contingent upon specific
1021 appropriation in the General Appropriations Act and shall be
1022 determined as follows:
1023 (c)1. Except as provided in subparagraph 2., each Florida
1024 College System institution shall be provided $1,000 for each
1025 industry certification earned by a student. If funds are
1026 insufficient to fully fund the calculated total award, such
1027 funds shall be prorated.
1028 2. For each industry certification earned by a workforce
1029 education student which is identified as leading to employment
1030 in occupations in critical industry sectors, each Florida
1031 College System institution shall be provided a total of $3,000.
1032 If funds are insufficient to fully fund the calculated total
1033 award, such funds shall be prorated.
1034 Section 24. This act shall take effect July 1, 2021.