Florida Senate - 2023                                     SB 342
       By Senator Berman
       26-00771-23                                            2023342__
    1                        A bill to be entitled                      
    2         An act relating to minimum base salary for full-time
    3         classroom teachers; providing a short title; amending
    4         s. 1011.62, F.S.; increasing the minimum base salary
    5         for full-time classroom teachers; amending s. 1012.22,
    6         F.S.; conforming a provision to changes made by the
    7         act; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. This act may be cited as the “Save Our Teachers
   12  Act.”
   13         Section 2. Paragraph (b) of subsection (14) of section
   14  1011.62, Florida Statutes, is amended to read:
   15         1011.62 Funds for operation of schools.—If the annual
   16  allocation from the Florida Education Finance Program to each
   17  district for operation of schools is not determined in the
   18  annual appropriations act or the substantive bill implementing
   19  the annual appropriations act, it shall be determined as
   20  follows:
   21         (14) TEACHER SALARY INCREASE ALLOCATION.—The Legislature
   22  may annually provide in the Florida Education Finance Program a
   23  teacher salary increase allocation to assist school districts in
   24  their recruitment and retention of classroom teachers and other
   25  instructional personnel. The amount of the allocation shall be
   26  specified in the General Appropriations Act.
   27         (b) Allocation funds are restricted in use as follows:
   28         1. Each school district and charter school shall use its
   29  share of the allocation to increase the minimum base salary for
   30  full-time classroom teachers, as defined in s. 1012.01(2)(a),
   31  plus certified prekindergarten teachers funded in the Florida
   32  Education Finance Program, to at least $65,000 $47,500, or to
   33  the maximum amount achievable based on the allocation and as
   34  specified in the General Appropriations Act. The term “minimum
   35  base salary” means the lowest annual base salary reported on the
   36  salary schedule for a full-time classroom teacher. No full-time
   37  classroom teacher shall receive a salary less than the minimum
   38  base salary as adjusted by this subparagraph. This subparagraph
   39  does not apply to substitute teachers.
   40         2. In addition, each school district shall use its share of
   41  the allocation to provide salary increases, as funding permits,
   42  for the following personnel:
   43         a. Full-time classroom teachers, as defined in s.
   44  1012.01(2)(a), plus certified prekindergarten teachers funded in
   45  the Florida Education Finance Program, who did not receive an
   46  increase or who received an increase of less than 2 percent
   47  under subparagraph 1. or as specified in the General
   48  Appropriations Act. This subparagraph does not apply to
   49  substitute teachers.
   50         b. Other full-time instructional personnel as defined in s.
   51  1012.01(2)(b)-(d).
   52         3. A school district or charter school may use funds
   53  available after the requirements of subparagraph 1. are met to
   54  provide salary increases pursuant to subparagraph 2.
   55         4. A school district or charter school shall maintain the
   56  minimum base salary achieved for classroom teachers provided
   57  under subparagraph 1. and may not reduce the salary increases
   58  provided under subparagraph 2. in any subsequent fiscal year,
   59  unless specifically authorized in the General Appropriations
   60  Act.
   61         Section 3. Paragraph (c) of subsection (1) of section
   62  1012.22, Florida Statutes, is amended to read:
   63         1012.22 Public school personnel; powers and duties of the
   64  district school board.—The district school board shall:
   65         (1) Designate positions to be filled, prescribe
   66  qualifications for those positions, and provide for the
   67  appointment, compensation, promotion, suspension, and dismissal
   68  of employees as follows, subject to the requirements of this
   69  chapter:
   70         (c) Compensation and salary schedules.—
   71         1. Definitions.—As used in this paragraph:
   72         a. “Adjustment” means an addition to the base salary
   73  schedule that is not a bonus and becomes part of the employee’s
   74  permanent base salary and shall be considered compensation under
   75  s. 121.021(22).
   76         b. “Grandfathered salary schedule” means the salary
   77  schedule or schedules adopted by a district school board before
   78  July 1, 2014, pursuant to subparagraph 4.
   79         c. “Instructional personnel” means instructional personnel
   80  as defined in s. 1012.01(2)(a)-(d), excluding substitute
   81  teachers.
   82         d. “Performance salary schedule” means the salary schedule
   83  or schedules adopted by a district school board pursuant to
   84  subparagraph 5.
   85         e. “Salary schedule” means the schedule or schedules used
   86  to provide the base salary for district school board personnel.
   87         f. “School administrator” means a school administrator as
   88  defined in s. 1012.01(3)(c).
   89         g. “Supplement” means an annual addition to the base salary
   90  for the term of the negotiated supplement as long as the
   91  employee continues his or her employment for the purpose of the
   92  supplement. A supplement does not become part of the employee’s
   93  continuing base salary but shall be considered compensation
   94  under s. 121.021(22).
   95         2. Cost-of-living adjustment.—A district school board may
   96  provide a cost-of-living salary adjustment if the adjustment:
   97         a. Does not discriminate among comparable classes of
   98  employees based upon the salary schedule under which they are
   99  compensated.
  100         b. Does not exceed 50 percent of the annual adjustment
  101  provided to instructional personnel rated as effective.
  102         3. Advanced degrees.—A district school board may not use
  103  advanced degrees in setting a salary schedule for instructional
  104  personnel or school administrators hired on or after July 1,
  105  2011, unless the advanced degree is held in the individual’s
  106  area of certification and is only a salary supplement.
  107         4. Grandfathered salary schedule.—
  108         a. The district school board shall adopt a salary schedule
  109  or salary schedules to be used as the basis for paying all
  110  school employees hired before July 1, 2014. Instructional
  111  personnel on annual contract as of July 1, 2014, shall be placed
  112  on the performance salary schedule adopted under subparagraph 5.
  113  Instructional personnel on continuing contract or professional
  114  service contract may opt into the performance salary schedule if
  115  the employee relinquishes such contract and agrees to be
  116  employed on an annual contract under s. 1012.335. Such an
  117  employee shall be placed on the performance salary schedule and
  118  may not return to continuing contract or professional service
  119  contract status. Any employee who opts into the performance
  120  salary schedule may not return to the grandfathered salary
  121  schedule.
  122         b. In determining the grandfathered salary schedule for
  123  instructional personnel, a district school board must base a
  124  portion of each employee’s compensation upon performance
  125  demonstrated under s. 1012.34 and shall provide differentiated
  126  pay for both instructional personnel and school administrators
  127  based upon district-determined factors, including, but not
  128  limited to, additional responsibilities, school demographics,
  129  critical shortage areas, and level of job performance
  130  difficulties.
  131         5. Performance salary schedule.—By July 1, 2014, the
  132  district school board shall adopt a performance salary schedule
  133  that provides annual salary adjustments for instructional
  134  personnel and school administrators based upon performance
  135  determined under s. 1012.34. Employees hired on or after July 1,
  136  2014, or employees who choose to move from the grandfathered
  137  salary schedule to the performance salary schedule shall be
  138  compensated pursuant to the performance salary schedule once
  139  they have received the appropriate performance evaluation for
  140  this purpose.
  141         a. Base salary.—The base salary shall be established as
  142  follows:
  143         (I) The base salary for instructional personnel or school
  144  administrators who opt into the performance salary schedule
  145  shall be the salary paid in the prior year, including
  146  adjustments only.
  147         (II) Instructional personnel or school administrators new
  148  to the district, returning to the district after a break in
  149  service without an authorized leave of absence, or appointed for
  150  the first time to a position in the district in the capacity of
  151  instructional personnel or school administrator shall be placed
  152  on the performance salary schedule. Beginning July 1, 2023 2021,
  153  and until such time as the minimum base salary as defined in s.
  154  1011.62(14) equals or exceeds $65,000 $47,500, the annual
  155  increase to the minimum base salary shall not be less than 150
  156  percent of the largest adjustment made to the salary of an
  157  employee on the grandfathered salary schedule. Thereafter, the
  158  annual increase to the minimum base salary shall not be less
  159  than 75 percent of the largest adjustment for an employee on the
  160  grandfathered salary schedule.
  161         b. Salary adjustments.—Salary adjustments for highly
  162  effective or effective performance shall be established as
  163  follows:
  164         (I) The annual salary adjustment under the performance
  165  salary schedule for an employee rated as highly effective must
  166  be at least 25 percent greater than the highest annual salary
  167  adjustment available to an employee of the same classification
  168  through any other salary schedule adopted by the district.
  169         (II) The annual salary adjustment under the performance
  170  salary schedule for an employee rated as effective must be equal
  171  to at least 50 percent and no more than 75 percent of the annual
  172  adjustment provided for a highly effective employee of the same
  173  classification.
  174         (III) A salary schedule shall not provide an annual salary
  175  adjustment for an employee who receives a rating other than
  176  highly effective or effective for the year.
  177         c. Salary supplements.—In addition to the salary
  178  adjustments, each district school board shall provide for salary
  179  supplements for activities that must include, but are not
  180  limited to:
  181         (I) Assignment to a Title I eligible school.
  182         (II) Assignment to a school that earned a grade of “F” or
  183  three consecutive grades of “D” pursuant to s. 1008.34 such that
  184  the supplement remains in force for at least 1 year following
  185  improved performance in that school.
  186         (III) Certification and teaching in critical teacher
  187  shortage areas. Statewide critical teacher shortage areas shall
  188  be identified by the State Board of Education under s. 1012.07.
  189  However, the district school board may identify other areas of
  190  critical shortage within the school district for purposes of
  191  this sub-sub-subparagraph and may remove areas identified by the
  192  state board which do not apply within the school district.
  193         (IV) Assignment of additional academic responsibilities.
  195  If budget constraints in any given year limit a district school
  196  board’s ability to fully fund all adopted salary schedules, the
  197  performance salary schedule shall not be reduced on the basis of
  198  total cost or the value of individual awards in a manner that is
  199  proportionally greater than reductions to any other salary
  200  schedules adopted by the district. Any compensation for
  201  longevity of service awarded to instructional personnel who are
  202  on any other salary schedule must be included in calculating the
  203  salary adjustments required by sub-subparagraph b.
  204         Section 4. This act shall take effect July 1, 2023.